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Prospective

Statutory Instruments

2009 No. 590

Lord Chancellor

Lord Chief Justice

Judges

The Discipline of Judges (Designation) Order 2009

Made

5th March 2009

Laid before Parliament

12th March 2009

Coming into force

6th April 2009

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by section 118(2) of the Constitutional Reform Act 2005(1) with the agreement of the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland in accordance with sections 118(3), 120(4) and 121(4) respectively of that Act.

Prospective

Citation and commencementI1

1. This Order may be cited as the Discipline of Judges (Designation) Order 2009 and shall come into force on 6th April 2009.

RevocationI2

2. The Discipline of Judges (Designation) Order 2008(2) is revoked.

Offices designatedI3

3. The following offices are designated for the purpose of section 118 of the Constitutional Reform Act 2005–

(1) offices listed in section 31(3) of the Tribunals, Courts and Enforcement Act 2007(3), (transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal; deputy judge of the Upper Tribunal);

(2) member of a panel of persons appointed under regulation 8(3)(b) or (c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(4) (lay members of Employment Tribunals);

(3) Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, appointed under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, where the appointment is in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act;

(4) Deputy Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, appointed under paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007, where the appointment is in accordance with paragraph 5(5) to (8) of that Schedule.

Jack Straw

Lord Chancellor

5th March 2009

I agree

Sir Igor Judge, CJ

20th February 2009

I agree

A C Hamilton

Lord President of the Court of Session

24th February 2009

I agree

Brian Kerr

Lord Chief Justice of Northern Ireland

20th February 2009

Prospective

EXPLANATORY NOTE

(This note is not part of the Order)

This order designates certain offices for the purposes of section 118 of the Constitutional Reform Act 2005. This means that those office holders will be subject to the discipline regime set out in Chapter 3 of Part 4 of the Constitutional Reform Act.

This Order replaces the Discipline of Judges (Designation) Order 2008 and adds lay members of Employment Tribunals to the offices originally listed in that Order, thereby designating them as office holders who are subject to the discipline regime set out in the Constitutional Reform Act.

(1)

2005 c.4.

(4)

S.I. 2004/1861, amended by S.I. 2008/3240. There are other amending instruments but none is relevant.

(4)

S.I. 2004/1861, amended by S.I. 2008/3240. There are other amending instruments but none is relevant.

Status: There are outstanding changes not yet made by the editorial team to The Discipline of Judges (Designation) Order 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Discipline of Judges (Designation) Order 2009 (2009/590)
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