Legislation – Judicial Review and Courts Act 2022

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Part 2Courts, tribunals and coroners

Chapter 2Online procedure

22The Online Procedure Rule Committee

(1)

Online Procedure Rules are to be made by a committee known as the Online Procedure Rule Committee.

(2)

The Committee is to consist of the persons appointed under subsections (3) and (4).

(3)

The Lord Chief Justice is to appoint—

(a)

one person who is a judge of the Senior Courts of England and Wales, and

(b)

two persons each of whom is either—

(i)

a judge of the Senior Courts of England and Wales, a Circuit Judge or a district judge, or

(ii)

a judge of the First-tier Tribunal, a judge of the Upper Tribunal, an Employment Judge, or a judge of the Employment Appeal Tribunal nominated as such by the Lord Chief Justice.

(4)

The Lord Chancellor is to appoint—

(a)

one person who is a barrister in England and Wales, a solicitor of the Senior Courts of England and Wales, or a legal executive,

(b)

one person who has experience in, and knowledge of, the lay advice sector, and

(c)

one person who has experience in, and knowledge of, information technology relating to end-users’ experience of internet portals.

(5)

Before appointing a person under subsection (3)(a) the Lord Chief Justice must consult—

(a)

the Lord Chancellor, and

(b)

the Senior President of Tribunals.

(6)

Before appointing a person under subsection (3)(b) the Lord Chief Justice must—

(a)

consult the Lord Chancellor and the Secretary of State, and

(b)

obtain the agreement of the Senior President of Tribunals.

(7)

Before appointing a person under subsection (4)(a) the Lord Chancellor must consult—

(a)

the Lord Chief Justice,

(b)

the Senior President of Tribunals, and

(c)

the relevant authorised body.

(8)

Before appointing a person under subsection (4)(b) or (c) the Lord Chancellor must consult—

(a)

the Lord Chief Justice, and

(b)

the Senior President of Tribunals.

(9)

The Lord Chief Justice may appoint one of the persons appointed under subsection (3)(a) or (b) to be the chair of the Online Procedure Rule Committee.

(10)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any function of the Lord Chief Justice under this section.

(11)

The Lord Chancellor may reimburse the members of the Online Procedure Rule Committee their travelling and out-of-pocket expenses.

(12)

In this section—

“legal executive” means a person authorised by the Chartered Institute of Legal Executives to practise as a member of the profession of legal executives;

“relevant authorised body”, in relation to an appointment under subsection (4)(a), means—

(a)

the General Council of the Bar of England and Wales, if the appointment is of a barrister;

(b)

the Law Society of England and Wales, if the appointment is of a solicitor;

(c)

the Chartered Institute of Legal Executives, if the appointment is of a legal executive.