Moved by
Lord Bourne of Aberystwyth
107GA: After Clause 48, insert the following new Clause—
“Cross-deployment of tribunal members and judges
(1) A member of a Welsh tribunal may act as a member of the First-tier Tribunal if—
(a) the Senior President of Tribunals asks the member to do so, and
(b) the President of Welsh Tribunals agrees to the request being made.
(2) A judge or other member of—
(a) the First-tier Tribunal, or
(b) the Upper Tribunal,
may act as a member of a specified Welsh tribunal if the President of Welsh Tribunals asks the member to do so and the Senior President of Tribunals agrees to the request being made.
(3) Subsection (2) does not apply to a tribunal member who is a relevant judge.
(4) A relevant judge may act as a member of a specified Welsh tribunal if—
(a) the President of Welsh Tribunals asks the judge to do so, and
(b) the Lord Chief Justice of England and Wales agrees to the request being made.
(5) In subsections (2) and (4) “specified” means specified in the request.
(6) In this section “relevant judge” means—
(a) a judge of the Senior Courts;
(b) a deputy judge of the High Court;
(c) a Circuit judge;
(d) a deputy Circuit judge;
(e) a recorder;
(f) a district judge;
(g) a deputy district judge;
(h) a District Judge (Magistrates’ Courts);
(i) a Deputy District Judge (Magistrates’ Courts);
(j) the holder of an office listed in—
(i) the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or
(ii) column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc).
(7) A reference in this section to—
(a) the President of Welsh Tribunals,
(b) the Senior President of Tribunals, or
(c) the Lord Chief Justice of England and Wales,
includes a reference to an individual designated by that person to exercise the person’s functions under this section.
(8) A designation made by a person under subsection (7) that is in force immediately before the person ceases to hold the office in question continues in force until varied or revoked by a subsequent holder of that office.”