9.1 Background information about the range of tribunals for which the Lord Chancellor has responsibility for appointment appears in the 20012002 annual report available on the departmental website at www.dca.gov.uk. Statistical tables for all the competitions in this chapter can be found at Annex C.
The Appeal Tribunals
9.2 The Appeal Tribunals principally deal with appeals against decisions made on social security benefits, child support, housing and council tax benefits, and vaccine damage payments. The geographical jurisdiction is divided between five regions in England, one in Scotland and one in Wales. There is a separate system for Northern Ireland.
9.3 Vacancies for fee-paid legally qualified members of the Appeal Tribunals in the North East and Scotland were advertised in the Bar News and in the Law Society Gazette in January and February 2002. 68 applications were received, of whom 35 were invited to interview. The interviews were held in Glasgow, Newcastle and Leeds in July and August and the Lord Chancellor offered appointments to 23 candidates.
9.4 Vacancies for fee-paid lay members with expertise in medicine, finance and disability also arose in England and Wales and were advertised in April 2002. 140 applications were received for disability, 63 for financial and 71 for medical posts and interviews were carried out between July and November. The Lord Chancellor appointed 37 members with expertise in disability matters, seven financial and 35 with medical expertise to the Appeal Tribunals in December 2002. The aim is to appoint further medical members in 2003-2004 to make good a shortfall in both applications and appointments in 2002-2003, and competitions dealing with this have recently concluded. The results of these will be included in next year's report.
Employment Tribunals (England and Wales)
9.5 Employment Tribunals sit at various venues throughout the country and are administered by the Department of Trade and Industry. The tribunals have a wide jurisdiction conferred by a number of statutes including the Employment Rights Act 1995, Sex Discrimination Act 1998 and the Equal Pay Act 1970. The Lord Chancellor makes all legal appointments to the tribunal, both full-time and fee-paid. The lay members are selected from panels approved by the Secretary of State for Trade and Industry.
9.6 Serving members of the Employment Tribunals are also appointed to the Reserve Forces Appeal Tribunals. These tribunals were first set up in 1997 to provide a forum to adjudicate between the needs of the Armed Forces and an employer on the mobilisation of a member of the Reserve Forces. Because of the situation in Iraq a significant number of reservists were mobilised, and the appointment of serving members of the Employment Tribunals was confirmed by the Lord Chancellor in England and Wales, and, for Scottish members, by the Secretary of State for Scotland.
9.7 Vacancies for full-time chairmen of the Employment Tribunals were advertised in the Bar News and in the Law Society Gazette in February 2002. 22 applications were received and 18 candidates were called for interview in May and June 2002. The Lord Chancellor appointed 10 candidates in November 2002 and placed a further three on a reserve list.
9.8 Vacancies arose for fee-paid chairmen, which were advertised in the Bar News and Law Society Gazette in October 2001. 161 applications were received and 76 candidates were interviewed. The Lord Chancellor appointed 37 candidates in July 2002.
Employment Appeal Tribunal
9.9 The Employment Appeal Tribunal (EAT) is constituted under the Employment Tribunals Act 1996 and hears appeals from Employment Tribunals over all aspects of employment law. Judges, nominated in England and Wales by the Lord Chancellor and in Scotland by the Lord President of the Court of Session, sit with two lay members. The tribunal is presided over by a President who is a High Court Judge. The Queen, on the joint recommendation of the Lord Chancellor and the Secretary of State for Trade and Industry, appoints the lay members. Following an open competition by the Department of Trade and Industry advertised in a range of national and regional newspapers and minority ethnic publications, the Lord Chancellor, jointly with the Secretary of State for Trade and Industry, appointed 31 lay members in England, Wales and Scotland.
9.10 Towards the end of 2001, acting on an earlier request made by the then President of the Employment Appeal Tribunal the Honourable Mr Justice Lindsay the department sought the addition of a number of recorders to the panel of additional judges for the EAT for two years. In October 2001 the department wrote to all recorders to see if they wished to sit as part-time judges at the EAT. 29 expressions of interest were received and seven applicants were recommended to the Lord Chancellor for appointment. The Lord Chancellor approved six candidates for appointment and placed a further four candidates on a reserve list.
Immigration Appellate Authority
9.11 The Immigration Appellate Authority (IAA) comprises the Immigration Appeal Tribunal (IAT) and Immigration Adjudicators.
9.12 Vacancies for full-time and part-time salaried immigration adjudicators arose following a significant expansion of the programme for dealing with immigration asylum cases and a number of options were put forward for appointment, including fixed-term or permanent appointments, and full or part-time working. Vacancies in Birmingham, Bradford, Hatton Cross, Manchester, Newport, North Shields, Nottingham and Stoke were circulated to all recorders, district judges (civil and criminal) and legal members of the Mental Health Review Tribunal in March 2002. These vacancies were a second round of the salaried adjudicator posts and were not advertised in the national press as they came immediately after the first round competition which had exhausted the standard pool of applicants. 169 applications were received and 127 candidates were invited for interview. The interviews were held in June and July 2002 and 56 candidates were recommended for appointment. 13 were placed on a reserve list for London and Glasgow, and 26 were placed on a reserve list for the other regions. A further seven were later appointed to London from the reserve list, one appointed to Glasgow and two to other regions, making a total of 66 appointments.
9.13 In April 2002, 3 vacancies for regional immigration adjudicators arose in London, Leeds and Manchester respectively and were circulated to all full-time immigration adjudicators. 12 applications were received of whom 10 were invited for interview. The Lord Chancellor approved the appointments in August 2002.
9.14 In August and September 2002 vacancies were identified for three regional immigration adjudicators, seven deputy regional immigration adjudicators and for nine Vice-presidents of the IAT. These vacancies were circulated to all full-time and part-time immigration adjudicators. Six candidates applied for regional adjudicator posts of whom four were invited for interview. 21 applied for the deputy regional adjudicator posts and 13 were invited for interview. 15 candidates applied for both regional and deputy regional posts of whom nine were invited for interview. The Lord Chancellor appointed three candidates as regional adjudicators, seven candidates as deputy regional adjudicators and placed a further 14 on a reserve list. 23 applications were received for the posts of Vice-president and, following 16 interviews in January 2003, the Lord Chancellor offered appointments to nine candidates and placed one candidate on a reserve list.
Information Tribunal
9.15 The Information Tribunal was created under the Freedom of Information Act 2000 and hears appeals under the Data Protection Act 1998. Existing members of the Data Protection Tribunal were appointed to the new Information Tribunal last year. A competition for further lay members was advertised in June 2002 which attracted 163 applications. After interviews of 75 candidates held in October 2002, the Lord Chancellor approved the appointment of eight candidates.
London Service Permits Appeals Panel
9.16 This panel was set up under section 267 of the Transport Act 2000 and hears appeals from bus operators in London, against decisions made by Transport for London. Bus operators wishing to provide bus services in London which are not part of the London bus network must apply for, and operate under, a London Service Permit from Transport for London. This area of work comes under the Transport Tribunal structure and current members of that tribunal have been appointed to the panel by the Lord Chancellor.
9.17 In July 2002, following the appointment of three new lay members to the Transport Tribunal by the Secretary of State for Transport, Local Government and the Regions, the Lord Chancellor appointed those same three members to the new London Service Permits Appeals Panel.
Mental Health Review Tribunal
9.18 There are currently four Mental Health Review Tribunal (MHRT) panels in England (funded by the Department of Health) and one in Wales (funded by the National Assembly of Wales). The panels deal with cases for continued compulsory detention of mentally ill patients. The members of the tribunal are all fee-paid and are drawn from three groups legal members, medical members and lay members.
9.19 In September 2002, following a competition, the Lord Chancellor approved the appointment of His Honour Judge Sycamore as Liaison Judge for the Mental Health Review Tribunal (see paragraph 4.8). Judge Sycamore currently works in London on the tribunal's business for one week a month, but is otherwise based at the Crown Court, Preston. He works closely with the four Regional Chairmen for England and the Regional Chairman for Wales to achieve consistency in practice and procedure across the tribunal. He holds frequent and regular meetings with officials from the Department of Health, the Department for Constitutional Affairs and the Welsh Assembly. He also has special responsibility for training in the tribunal.
9.20 There has been a continuing shortage of medical panel members and in order to assist with meeting the needs of the tribunal a rolling programme of recruitment is in place. Following advertisements in the national press and in medical journals, 57 applications were received and 51 candidates were invited for interview. Subsequently, at various dates throughout the year, the Lord Chancellor approved the appointment of a total of 43 medical members.
9.21 Vacancies for fee-paid legal members in England and Wales were advertised in the Bar News and the Law Society Gazette in March 2002. 152 applications were received and 71 candidates were invited for interview. Interviews were held in July 2002 and the Lord Chancellor approved the appointment of 53 candidates in October 2002.
9.22 Vacancies for fee-paid lay members arose in five regions in England and Wales and were advertised in the Sunday Times, The Guardian, Western Mail and Daily Post in February and March 2002. 328 applications were received, 164 candidates were invited to interview and, following interviews in July, August and September 2002, 55 candidates were recommended for appointment by the Lord Chancellor.
Rent Assessment Panels
9.23 Rent assessment panels are independent statutory bodies set up under schedule 10 of the Rent Act 1977 and provide members to sit on rent assessment committees. These committees deal with appeals against fair rent decisions of rent officers, disputes about rent arising from assured tenancies and disputes arising under the Housing Act. They have also been given new powers under the Commonhold and Leasehold Reform Act 2002. There are currently five rent assessment panels in England and one in Wales, which are now combined into the Residential Property Tribunal Service, led by the Senior President. Each panel comprises lawyers, valuers and lay members and operates under the direction of a part-time President assisted by a part-time Vice-president. The legal and valuer members are appointed by the Lord Chancellor, and the lay members, Presidents and Vice-presidents are appointed by the Deputy Prime Minister. Administrative and financial responsibility for the panels is vested in the Office of the Deputy Prime Minister.
9.24 Vacancies for fee-paid lawyer Chairmen of the Rent Assessment Panel were advertised in the Law Society Gazette and the Bar News in June 2002. 39 applications were received and 29 candidates were invited for interview. The Lord Chancellor approved the offer of appointment to six candidates and placed a further seven on a reserve list in anticipation of an increase in work over the next year.
Road Users Charging Adjudicators
9.25 In March 2001 the Mayor of London approved a congestion charging scheme for the capital to take effect in 2003. Provision for the appointment of Road Users Charging Adjudicators was made under the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001. The adjudicators' main role is to determine appeals against penalty charge notices served on the owners of vehicles in accordance with the Regulations. Vacancies for 12 adjudicators were advertised in the Bar News and the Law Society Gazette in May 2002 and out of 38 applications received, 25 applicants were invited for interview. The Lord Chancellor appointed 12 candidates and placed a further four on a reserve list.
Special Educational Needs and Disability Tribunal
9.26 This tribunal was originally set up under the Education Act 1996 as the Special Educational Needs Tribunal to hear appeals against local education authority decisions regarding the special educational needs of children. The jurisdiction was extended under the Special Educational Needs and Disability Act 2001 to adjudicate on disputes relating to disability discrimination in schools. Vacancies for 12 fee-paid legal members of the Special Educational Needs and Disability Tribunal arose in six regions in England and Wales and were advertised in the Bar News, Legal Week and Law Society Gazette. 94 applications were received and 33 candidates were invited for interview in April 2002. 12 were appointed by the Lord Chancellor in August 2002 with a further four placed on a reserve list for one year.
Transport Tribunal
9.27 The Transport Tribunal was set up in accordance with the Transport Act 1985 to hear appeals against decisions of Traffic Commissioners. These cases concern operators of road vehicles (heavy goods vehicles and public service vehicles) and premises used as operating centres for them. The jurisdiction extends to England, Wales and Scotland.
9.28 A competition was held to appoint a fee-paid legal chairman which was advertised in the Bar News and in the Law Society Gazette. 23 applications were received and 5 candidates were invited for interview. In June 2002 the Lord Chancellor approved the appointment and the placing of a further candidate on a reserve list for a period of one year.
Tribunals dealing with taxation
9.29 Deputy special commissioners hear and determine appeals by taxpayers against all direct taxes, in particular complex and weighty cases not dealt with by the general commissioners. The appeals are against assessments made by the Inland Revenue which include income tax, corporation tax and capital gains tax. The commissioners are appointed by the Lord Chancellor in consultation with Scottish ministers. VAT & Duties Chairmen are appointed by the Lord Chancellor and preside over VAT & duties tribunals whose jurisdiction involves hearing appeals from decisions of the Commissioners of Customs and Excise concerning the administration and levying of VAT, customs duties and excise duties. The special commissioners and the VAT & duties tribunals in England and Wales are together known as the Finance and Tax Tribunal.
9.30 Vacancies for four dual posts were advertised in the Bar News and Law Society Gazette in June 2002. 15 applications were received and nine were invited for interview. Following consultation with the First Minister for Scotland, the Lord Chancellor appointed four candidates.
9.31 The Proceeds of Crime Act 2002 established a new Assets Recovery Agency (ARA). The Director of the ARA has general revenue functions, which include the power to tax an individual, company or partnership where income, profit or gain is suspected of being derived from crime. Under section 320 of the Act the Presiding Special Commissioner of Income Tax may nominate one or more assessors to assist the special commissioners in determining appeals in respect of the exercise by the Director of the ARA of their revenue functions. Advertisements for the post of assessor were placed in the press, including the Scottish Herald, Western Mail, Irish News and the Belfast Telegraph, inviting applications from people with special knowledge and experience of proceeds of crime issues such as:
9.32 Appointments will be in place by the end of 2003. To assist in the meantime, the Lord Chancellor has appointed four existing members of the Financial Services Market Tribunal as assessors on a temporary basis.
Forward Look
Competition Appeal Tribunal
9.33 The Competition Appeal Tribunal was set up under the Enterprise Act 2002 and comprises the President, a panel of fee-paid chairmen and a panel of 20 fee-paid ordinary members. The tribunal succeeds the Competition Commission Appeal Tribunal (CCAT) set up under the Competition Act 1998 which was in turn the successor to the former Monopolies and Mergers Commission. Under the Enterprise Act 2002 the President and ordinary members of CCAT have been re-appointed to the Competition Appeal Tribunal and recruitment for the panel of fee-paid chairmen will take place later in 2003.