3.1 The Lords of Appeal in Ordinary ('Law Lords') are the members of the House of Lords in its judicial capacity and are the highest court in the United Kingdom. In practice, Law Lords are generally appointed from among the experienced judges of the Court of Appeal in England and Wales, the Court of Session in Scotland and the Court of Appeal in Northern Ireland. They are appointed by The Queen on the recommendation of the Prime Minister, who receives advice from the Lord Chancellor. Before tendering advice the Lord Chancellor customarily consults serving Law Lords and other senior members of the judiciary.
3.2 On 1 October 2001 The Right Honourable Lord Rodger of Earlsferry, Lord Justice General of Scotland, was appointed a Lord of Appeal in Ordinary on the retirement of Lord Clyde.
Lords Justices of Appeal
3.3 The Lords Justices of Appeal are the ordinary judges of the Court of Appeal, which is sub-divided into Civil and Criminal Divisions to deal respectively with appeals in civil and criminal cases. Lords Justices of Appeal are generally appointed from among the experienced judges of the High Court. They too are appointed by The Queen on the recommendation of the Prime Minister, who receives advice from the Lord Chancellor. Before tendering advice the Lord Chancellor customarily consults senior members of the judiciary.
3.4 During 2001/2002 there was one appointment of a Lord Justice of Appeal. The Right Honourable Lord Justice Carnwath CVO was appointed in January 2002 succeeding Lord Justice Henry on his retirement.
High Court Judges
3.5 High Court Judges are appointed from among the senior members of the legal profession or by promotion from the office of Circuit Judge. High Court Judges are appointed by The Queen on the recommendation of the Lord Chancellor. On appointment, High Court Judges are assigned to one of the three Divisions of the High Court the Chancery Division (which deals with issues such as property matters, banking and financial matters, bankruptcy and copyright law), the Queen's Bench Division (which deals with most types of civil law, including admiralty, commercial matters and defamation), or the Family Division (which, as the name implies, deals with family law matters).
Appointments3.6 As mentioned in the Annual Reports for the last two years, the Lord Chancellor invited applications for appointment to the High Court in February 2000. The Lord Chancellor continues to reserve the right to appoint those who have not made an application. Of the nine judges appointed to the High Court in 2001/2002, four were applicants for the 2000 High Court exercise and five were invited to accept appointment. Most of the appointments were in succession to High Court Judges who had retired. However, there were two additional appointments to deal with an increase in work, including work resulting from the Human Rights Act 1998.
3.7 The names of those appointed follow and full statistics on all the appointments in 2001/2002 are in Annex H (see Table 1).
Appointed:
3.8 During 2001/2002, 31 feedback interviews for those who were unsuccessful for the High Court 2000 exercise were conducted by senior officials. Of those, 12 were conducted over the telephone and 19 were face to face meetings.
High Court Judges with specific responsibilities
Presiding Judges3.9 Under section 72 of the Courts and Legal Services Act 1990 the Lord Chief Justice, with the agreement of the Lord Chancellor, appoints a number of High Court Judges to serve for four years as a Presiding Judge of one of the six Circuits (or regions) of England and Wales (a map showing the Circuit boundaries is at Annex F). Each Circuit has two Presiding Judges, except the South Eastern Circuit which has three, who have general responsibility for the judicial administration of the Circuits. The Presiding Judges' work on the Circuits is co-ordinated on behalf of the Lord Chief Justice by the Senior Presiding Judge for England and Wales who is a Lord Justice of Appeal. Of the 13 Presiding Judges, four were appointed during 2001/2002.
Family Division Liaison and Chancery Supervising Judges3.10 Some High Court Judges are also Family Division Liaison or Chancery Supervising Judges. These are High Court Judges of the Family or Chancery Divisions who are specially nominated to have general responsibility for the judicial administration of the work of that division. The Family Division Liaison Judges are appointed by the President of the Family Division, with the agreement of the Lord Chancellor. Chancery Supervising Judges are appointed by the Vice-Chancellor. There are currently seven Family Division Liaison Judges (one for each Circuit except the South Eastern Circuit which has two) and two Chancery Supervising Judges (one responsible for the Midland, Western, and Wales and Chester Circuits, and the other for the Northern and North Eastern Circuits the Vice-Chancellor has responsibility for the South Eastern Circuit). During 2001/2002 four Family Division Liaison Judges were appointed, and one Chancery Supervising Judge was appointed.
Deputy High Court Judges
3.11 The Lord Chancellor has power under section 9(4) of the Supreme Court Act 1981 to authorise persons qualified for appointment as High Court Judges to be Deputy (part-time) High Court Judges in one or more of the Divisions of the High Court. The Lord Chancellor considers those for appointment as a Deputy High Court Judge following nomination either by the Presiding Judges or after request from individual practitioners. Those authorised are added to an approved list of deputies who may be invited to sit in accordance with the needs of the Courts. Authorisations run until the end of the financial year in which an individual reaches his or her 65th birthday, subject to the terms and conditions of appointment (but see paragraph 2.15 regarding changes to age limits).
3.12 At the beginning of the year 2001/2002, 202 practitioners were authorised to sit in the High Court; 161 were authorised to sit in the Queen's Bench and Chancery Divisions (this is treated as a single authorisation to allow more flexible management and allocation of judicial work) and 44 were authorised to sit in the Family Division. (As a few practitioners are authorised to sit in the Queen's Bench and Chancery Divisions and the Family Division, the total figure relating to practitioners in both types of authorisation does not equal the overall number of authorised practitioners.)
3.13 At the end of the year 2001/2002, 198 practitioners were authorised to sit in the High Court, (159 to sit in the Queen's Bench and Chancery Divisions and 41 to sit in the Family Division). During this period 19 practitioners were removed, eight on age grounds, 10 on appointment to full-time judicial office, and one on the authorisation having lapsed. 15 new practitioners were added to the list of those authorised.
Retired Law Lords and Supreme Court Judges authorised under Section 9(1) of the Supreme Court Act 1981
3.14 The Lord Chancellor has power under section 9(1) of the Supreme Court Act 1981 to authorise those who have been Court of Appeal Judges or High Court Judges to sit in retirement on a part-time basis in the Court of Appeal, the High Court and the Crown Court. The authorisations of all of those currently on the approved list run until the date of an individual's 75th birthday.
Court of Appeal Civil Division3.15 At the beginning of the year 2001/2002, 18 retired judges were authorised to sit in the Court of Appeal Civil Division. At the end of December 2001 retired High Court Judges were no longer authorised to sit in this jurisdiction as there were already sufficient Court of Appeal Judges, and eight judges were removed. This left a total of 10 judges (two retired Law Lords and eight retired Lords Justices) authorised to sit. At the end of the year 2001/2002, 11 retired judges were authorised to sit in the Court of Appeal Civil Division with one further judge having been authorised during the period from the end of December 2001 to 31 March 2002.
Court of Appeal Criminal Division3.16 At the beginning of the year 2001/2002, 13 retired judges were authorised to sit in the Court of Appeal Criminal Division. By the end of the year 2001/2002 two judges were removed and four retired judges were added to the list, making a total of 15 retired judges authorised to sit in the Court of Appeal Criminal Division.
High Court3.17 At the beginning of the year 2001/2002, 10 retired judges were authorised to sit in the High Court. By the end of 2001/2002, nine of the authorisations were renewed and one lapsed. Four additional retired judges were authorised for the first time making a total of 13.
Crown Court3.18 At the beginning of the year 2001/2002, 10 retired judges were authorised to sit in the Crown Court. By the end of 2001/2002, nine of the authorisations were renewed and one lapsed. Four additional retired judges were authorised for the first time making a total of 13.
Appointment Procedures: Circuit Judge and other Judicial Posts
3.19 The general appointment procedures that apply to posts at Circuit Judge level and below are described in Annex B. This covers advertisements, applications, sifting and interviews. An example of the statement containing the criteria for appointment is at Annex A. The competitions for appointments described in the remainder of this chapter will generally follow a common pattern with a set of common criteria which vary slightly according to the specific requirements of the post in question. Detailed information about the competition procedures is provided in application packs, which can be obtained from Judicial Group and some are also available on the Department's website.
Circuit Judges
3.20 The Queen appoints all Circuit Judges on the recommendation of the Lord Chancellor. Once appointed they are assigned to one of the six Circuits and may sit at any of the Crown Court centres and county courts (dealing respectively with criminal and civil/family cases) on that Circuit. Normally Circuit Judges can hear both criminal and civil cases, although some exercise specialist civil jurisdictions or deal wholly or mainly with criminal cases (e.g. at the Central Criminal Court).
3.21 Some Circuit Judges are specifically authorised to hear public and/or private law family cases (see paragraph 3.37). These relate to issues about the care and custody of children or divorce and related financial matters. Others sit on a more or less full-time basis in specialist courts and jurisdictions including Judges of the Central Criminal Court, dealing with serious criminal cases, and Chancery Circuit Judges, Mercantile Judges and Judges of the Technology and Construction Court, all of whom deal with the heavier and more complex and specialised cases arising within the civil jurisdiction.
3.22 Some Circuit Judges are authorised by the Lord Chancellor to hear High Court work (paragraph 3.34), and others are approved by the Lord Chancellor to sit in the Criminal Division of the Court of Appeal (paragraph 3.36). Some Circuit Judges have additional administrative responsibility for the work of the judges and judicial teams in criminal proceedings, civil cases or family matters in the court centre or group of courts to which they are assigned. They are respectively known as Resident Judges (in the Crown Court), Designated Civil Judges and Designated Family Judges (paragraphs 3.38 to 3.40). Apart from those in designated Senior Circuit Judge posts at the largest courts in the country who receive a higher salary, they receive the mainstream Circuit Judge salary.
General Circuit Bench Appointments3.23 564 Circuit Judges were in post on 1 April 2001. 67 new Circuit Judges were appointed in 2001/2002. This figure includes nine who were appointed from the reserve list to fill unanticipated vacancies. This overall figure represents an increase on the numbers appointed in previous years following an additional 7,000 sitting days being authorised for the Court Service. 31 Judges retired during the period and 2 died.
3.24 The general Circuit Bench competition for appointments in 2002/2003 was run during 2001 along the lines of previous years. The Lord Chancellor generally considered applications from Recorders of at least two years' standing aged between 45 and 60, or those who served in a full-time judicial capacity to whom no age limit was applied. He also considered District Judges who sit in the county courts for appointment to 'civil only' posts. However, as in the past the vast majority of declared vacancies required new appointees to sit in crime at least for part of their sitting days.
3.25 The competition was advertised in the press and legal journals and also on the Internet. It attracted 231 applications across all the Circuits. 131 applicants were interviewed and 31 were offered immediate appointments, including nine from the reserve list. Unusually the Lord Chancellor agreed to an increase in the number of candidates who were to be placed on the reserve list. 87 places were offered, with those candidates being considered for unanticipated vacancies across the Circuits that may arise until the results of the next competition are approved. This will ensure that sufficient candidates are available to cover the longer than usual gap between competitions, following the decision to delay the start of the next one for 6 to 18 months (see para 2.30).
3.26 As in the past consultation for the Circuit Judge competition took place with all the Presiding Judges, Circuit Bench and senior members of the legal profession whereby written assessments on the suitability of candidates were obtained. Applicants were invited to nominate up to six consultees of their choice outside the automatic consultation process on whom they considered qualified to comment against the criteria. There were just under 4000 responses across the Circuits.
3.27 Each interview panel, differently constituted for each Circuit, was chaired by a senior member of Judicial Group, usually the Director, and she was joined by a member of the Circuit Bench and a lay person who were not associated with the Circuit for which they were interviewing. As in the past, the Lord Chancellor made his final decision based on the written assessments received, the panel's assessment at interview and the views of the Presiding Judges.
3.28 Applicants were invited to seek feedback where their application finished in one of the following categories; not invited to interview; not offered an appointment following an interview; offered a place on the reserve list. There was an option to receive feedback either by an interview over the telephone or by a face to face meeting. Between 1 April 2001 and 31 March 2002, 130 feedback interviews were given by the Director or one of her deputies, made up of 82 face to face meetings and 48 telephone interviews. Full statistics on all General Circuit Judge appointments are in Annex H (see Table 2).
Ad hoc Specialist Competitions3.29 There were six Senior Circuit Judge or specialist competitions at Circuit Judge level that concluded by 1 April 2002. Those that were started in the previous financial year and concluded for the purpose of this report were Mercantile Judge at Bristol, Senior Judge at Central London County Court and The Recorder of Bristol. Details of the competitions for these specialist posts are given below.
Mercantile Judge at Bristol: this post attracted four applicants, three of whom were interviewed and Recorder Mark Havelock-Allen QC was appointed (see Annex H, Table 3).
Senior Circuit Judge at Central London County Court: seven applicants applied for the post, four were interviewed and Judge Paul Collins CBE was appointed (see Annex H, Table 4).
Senior Circuit Judge and Honorary Recorder of Bristol: All four applicants were interviewed and His Honour Judge Thomas Crowther QC was appointed (see Annex H, Table 5).
3.30 Three competitions were commenced and concluded within the financial year. They were the Recorder of Cardiff, Specialist Chancery Judge at Birmingham and for a post in the Patents County Court. Details are given below.
Recorder of Cardiff: eight applicants applied for the post and three were interviewed; Judge John Griffith Williams was appointed (see Annex H, Table 6).
The Specialist Chancery Judge at Birmingham: this post attracted six applicants, four were interviewed and Judge Alastair Norris QC was appointed (see Annex H, Table 7).
The Patents County Court: this post attracted four applicants, all of whom were interviewed and Robert Fysh QC was appointed (see Annex H, Table 8).
3.31 Two further competitions, one for a Circuit Judge at the Central Criminal Court (CCC) and one for a Senior Circuit Judge at Snaresbrook Crown Court, were held during the year. There were 10 applicants for the post at the CCC, five of whom were interviewed. Christopher Moss QC was appointed. There were three applicants for the Snaresbrook post, all of whom were interviewed. His Honour Judge Radford was appointed (see Annex H, Tables 9 and 10).
3.32 Additionally a competition was advertised to identify a Senior Circuit Judge as Chief Immigration Adjudicator. There were 12 applications for this competition, five of whom were interviewed. Judge Henry Hodge OBE was appointed (see Annex H, Table 11).
3.33 Additionally, although applications were initially invited to fill the post of Chief Social Security and Child Support Commissioner, after careful consideration the Lord Chancellor preferred to make a short-term appointment and offered the post to Judge Harris, to run simultaneously with his appointment as President of the Appeals Service. That decision afforded the Lord Chancellor more time to consider the long-term implications of Sir Andrew Leggatt's report.
Circuit Judges with Specific Authorisations and Responsibilities
Authorisations under Section 9(1) of the Supreme Court Act 19813.34 The Lord Chancellor has the power under section 9(1) of the Supreme Court Act 1981 to authorise Circuit Judges to sit part-time in the High Court, either in London or elsewhere. At the beginning of the year 2001/2002, 251 Circuit Judges were authorised to sit in the High Court. 173 were authorised to sit in the Queen's Bench and Chancery Divisions (this is treated as a single authorisation to allow more flexible management and allocation of judicial work) and 145 were authorised to sit in the Family Division. As some Circuit Judges are authorised to sit in the Queen's Bench, Chancery and Family Divisions, the total figure of Circuit Judges in both types of authorisation does not equal the overall number of authorised Circuit Judges.
3.35 By the end of 2001/2002, 257 Circuit Judges were authorised to sit in the High Court (174 for the Queen's Bench and Chancery Divisions and 155 for the Family Division). 21 judges were removed from the list, 18 on retirement, 2 on appointment to the High Court Bench and one who died. 27 Circuit Judges were authorised to sit in the High Court for the first time.
Authorisations under Section 9(2)(b) of the Supreme Court Act 19813.36 At the beginning of the year 2001/2002, 29 Circuit Judges were authorised to sit in the Court of Appeal Criminal Division. During the year 26 of these authorisations were renewed and three were not. One Judge was appointed to the High Court Bench and two Judges retired. Four new judges were added, making a total of 30 at the end of 2001/2002.
Designations to sit in proceedings under the Children Act 19893.37 The Senior Judicial Appointments Division of Judicial Group is responsible for supporting the Lord Chancellor in the procedure for nominating judges to hear proceedings in the county courts under the Children Act 1989. The type of proceedings which may be heard under the Act are separated into two main categories: private family law work and public family law work. Proceedings in the first category involve only the parents, whereas the second type of proceedings involve both parents and a local authority. The Act provides for the different levels of judiciary within the county courts (that is Circuit Judges, Recorders, District Judges and Deputy District Judges) to deal with each category according to the complexity of the work. Circuit Judges have limited jurisdiction in proceedings under the Children Act unless specifically nominated (authorised) to hear a wider range of proceedings by the Lord Chancellor. They may be nominated to hear either private law proceedings alone or both private and public law proceedings. When nominated for private and/or public law proceedings, they have full jurisdiction in all types of such proceedings under the Children Act. In 2001/2002, 23 Circuit Judges were newly authorised to hear private law cases. The total at the end of the year, once retirements etc. were taken into account, was 30 who were authorised for both private and public law cases. The total who were authorised in one or both jurisdictions, once retirements etc. were taken into account, at the end of the year was 235.
Resident Judges3.38 The Lord Chancellor appoints Resident Judges for an initial period of four years on the recommendation of the Senior Presiding Judge and the Presiding Judges. Resident Judges are responsible for the management of judicial work at the Crown Court centre at which they sit. The Lord Chancellor appointed or re-appointed 16 Resident Judges out of a total of 73 between 1 April 2001 and 31 March 2002.
Designated Civil Judges3.39 The Lord Chancellor, on the recommendation of the Senior Presiding Judge, appoints Circuit Judges to sit as Designated Civil Judges. They are appointed initially for a period of four years. On behalf of the Senior Presiding Judge and the Presiding Judges they have responsibility for the judicial management of the full-time and part-time judges hearing civil work in their area. As at 31 March 2002 there were 34 Designated Civil Judges of whom six were re-appointed in 2001/2002.
Designated Family Judges3.40 Designated Family Judges are appointed by the Lord Chancellor on the recommendation of the President of the Family Division and Family Division Liaison Judges. They serve initially for four years and sit at care centres (county courts at which public law Children Act cases are heard). They have responsibility for the judicial management of such work at the care centres for which they are responsible and have full jurisdiction in both public and private law matters. As at 31 March 2002 there were 28 Designated Family Judges, seven of whom were appointed or re-appointed by the Lord Chancellor during the period of this Report.
3.41 All the Circuit Judges on the Circuit on which vacancies arise for Designated Family, Designated Civil or Resident Judge posts are invited to consider applying for appointment.
Deputy Circuit Judges3.42 Deputy Circuit Judges are appointed by the Lord Chancellor from among the recently retired Circuit Judges who wish to sit part-time. There must be a court business need for them to sit and the Lord Chancellor will not consider those who have retired on health grounds. Those appointed are usually available at very short notice providing a valuable judicial resource. They are appointed for a two year period. There are currently 35 Deputy Circuit Judges, 19 of whom were appointed or re-appointed during this period.
Recorders
3.43 Appointments to Recordership are made by The Queen on the recommendation of the Lord Chancellor. Many practitioners who wish to be considered for appointment to the Circuit Bench or the High Court will start their judicial career by becoming a Recorder. It is a part-time judicial appointment open to most lawyers who fulfil the statutory requirement of a 10 year right of audience qualification in the Crown Court or county court. For the competition covered in this report applicants should normally be aged between 35 and 53, although these age limits are applied flexibly (but see also paragraph 2.15 regarding age limit changes). The criteria for selection as a Recorder are essentially the same as those for other judicial appointments (Annex A).
3.44 Most Recorders start by sitting in the Crown Court, although after a period of about two years they may be authorised to sit in the county courts. A few Recorders are authorised to sit only in the county courts. Before sitting in either jurisdiction a Recorder will undergo a period of training. Recorders are initially appointed for five years once they have successfully completed the initial training. This period will be automatically extended further by the Lord Chancellor for additional successive terms of five years subject to the office holder's agreement and the upper age limit of 65, unless a question of one of the causes for non-renewal is raised or the individual no longer satisfies the conditions or qualifications for appointment.
3.45 Appointments to Recordership are made following a competition which is advertised in the national press, including publications aimed at minority ethnic communities, and on the Department's website. The advert for the latest competition was also featured in Welsh in the Western Mail and a Welsh version appeared on the website. Each applicant may apply for one Circuit only, and the closing date for applications to be made varies according to the Circuit.
3.46 Applications are processed by Circuit following the same procedure. An extensive consultation exercise takes place for each applicant whereby the Presiding Judges, judges who are specialists in each field of law, leaders of the profession, professional associations and all Circuit Judges are asked to provide written assessments against the criteria for appointment, of those candidates about whom they feel able to comment. Those consulted are also asked to say how they know the candidate. In addition, all candidates are asked to identify up to three, but no more than six other judges or members of the profession who are familiar with their work. These "nominated consultees" are also asked to provide assessments. 3732 written assessments were received from 2572 consultees in the 2001/2002 competition.
3.47 After the written assessments are obtained, the applications are then considered by panels consisting of a Circuit Judge, a lay member and a senior member of Judicial Group. After consideration of the information contained in the application form and the assessments provided during the consultation exercise, the panels will decide, based on the selection criteria, which candidates should be invited for interview. The interviews are conducted by panels similarly constituted, and who consider the degree to which each candidate demonstrates the published criteria.
3.48 At the conclusion of the interviews, the Presiding Judges on each Circuit are informed of the panels' assessments and invited to offer any further advice. The final decision is then taken by the Lord Chancellor, taking into account the written assessments, the interview panel's assessment and the views of the Presiding Judges.
3.49 To provide a complete picture, the narrative and statistics in this Report relate to the whole of the 2001/2002 competition. Successful candidates are selected to go forward for training, and on satisfactory completion of their training the Lord Chancellor will recommend their appointment to The Queen. Following the results on the South Eastern Circuit, released in March 2001, successful candidates on this and the five other Circuits were selected to go forward for training on induction courses run by the Judicial Studies Board between September 2001 and March 2002. In due course they will be recommended to The Queen for appointment to the office of Recorder.
3.50 540 practitioners applied for this competition, 147 fewer than last year. There were more vacancies in this competition than for the 2000/2001 competition: 98 candidates were appointed or selected to go forward for training as against 90 last year. 28 Recorder appointments were made on the South Eastern Circuit, and on the remaining five Circuits 70 successful candidates were selected to go forward for training. Of all those who were successful, approximately 42% were civil practitioners, 40% criminal practitioners, 10% were family practitioners and 8% held a full-time judicial post. The average age of the applicants was 43, whilst the average age of the successful candidates was 42.
3.51 Once again the competition was very strong. There were many more applicants than vacancies and, after interview, there were far more candidates found to be suitable for appointment than places available. This was particularly evident on the South Eastern Circuit, which has always attracted the greatest number of applicants. 273 candidates applied for an estimated 27 vacancies. 176 applicants were interviewed by three panels and the Lord Chancellor approved 28 candidates to go forward for training as Recorders. On the Midland Circuit 87 applications were received and 51 candidates were interviewed by two panels, after which 23 candidates were selected to go forward for training. For the Western Circuit 53 applications were received, 36 candidates were interviewed and 5 were successful. On the North Eastern Circuit 45 applications were received, 36 candidates were interviewed and 18 were successful. On the Northern Circuit 51 applications were received, 36 candidates were interviewed and 14 were successful. On the Wales and Chester Circuit 31 applications were received, 25 candidates were interviewed and 10 appointments were made.
3.52 The number of candidates called for interview was dependent on the number of estimated vacancies at the time the selection for interview took place. Looking at the competition overall, approximately four times as many candidates were called for interview as there were vacancies.
3.53 For those not successful, feedback interviews were available by appointment, either on the telephone or in person. 160 feedback interviews were conducted, 36% of the total number of unsuccessful candidates. Of those who were unsuccessful following interview, 56% requested feedback.
3.54 Full statistics on the number of applicants, the numbers interviewed and appointed following this competition, broken down by gender, ethnic origin, profession and age are given in Annex H, Table 12. The proportion of female applicants for the 2001/2002 competition was the same as the previous year (17.5%) whilst the proportion of minority ethnic applicants rose by 1% to 6%. Applications made by solicitors also rose, by 5%, to 16%. The proportion of female applicants interviewed remained the same as the previous year (19%). However, the number of minority ethnic candidates selected for interview fell from 6% in 2000/2001 to 3% in 2001/2002. There was an increase in the proportion of solicitor candidates interviewed (15% against 9%). 20% of the candidates appointed as Recorder were female against 12% in the previous year. The proportion of minority ethnic candidates appointed fell from 4% to 1%. The proportion of solicitor candidates appointed remained the same as the previous year.
Designations to sit in proceedings under the Children Act 19893.55 Recorders have limited jurisdiction in proceedings under the Children Act, unless specifically nominated (authorised) to hear a wider range of proceedings by the Lord Chancellor. They may be authorised to hear private law proceedings alone, or, following the introduction of the Family Proceedings (Allocation to Judiciary)(Amendment) Directions 1999, where they already have such jurisdiction in another judicial capacity, both private and public family law proceedings (see paragraph 3.37). When authorised for private and public law proceedings, they have full jurisdiction in all types of such proceedings under the Children Act. In 2001/2002, 13 Recorders were newly authorised to hear private law cases. The total at the end of the year, once retirements etc. were taken into account, was 317. Two Recorders were authorised to hear both private and public law cases. The total number authorised to hear both public and private law cases at the end of the year was 41.
District Judges
3.56 The Lord Chancellor appoints District Judges. These Judges determine civil cases in the county courts and dispose of over 80% of all contested civil litigation in England and Wales. They are assigned, on appointment, to a particular Circuit and may sit at any of the county courts or District Registries on that Circuit. A District Registry is part of the High Court situated in various districts of England and Wales dealing with High Court family and civil business. District Registries are often co-located at county courts.
3.57 The Lord Chancellor normally considers for appointment applicants who have been serving as a Deputy District Judge for at least two years, or who have completed 30 sittings in that role. Until recently only candidates who were aged between 40 and 60 were considered for appointment, but these age limits were applied flexibly (see also paragraph 2.15 regarding changes to age limits). All Deputy District Judges are notified personally when there is a District Judge competition and invited to request an application form if they want to apply. In determining the individual itinerary of judges, the Department strives to ensure that judges have no more than a one hour journey to their court.
3.58 During the period of this report there was no competition for District Judges but the Lord Chancellor appointed two District Judges from candidates who had been placed on the reserve list from the competition held in 2000/2001, which was covered in last year's Annual Report (see Annex H, Table 13).
Designations to sit in proceedings under the Children Act 19893.59 District Judges have limited jurisdiction in proceedings under the Children Act unless specifically nominated (authorised) to hear a wider range of proceedings by the Lord Chancellor. When nominated, they only have limited jurisdiction in public family law proceedings under the Children Act. In 2001/2002, 25 District Judges were newly authorised to hear public law cases, making a total at the end of the year of 288, once retirements etc. were taken into account. In 2001/2002, a new private law authorisation for District Judges was created to enable District Judges to undertake certain aspects of private law work. 56 District Judges were authorised in total during this period.
District Judges of the Principal Registry of the Family Division
3.60 District Judges at the Principal Registry of the Family Division (PRFD) in London deal with the whole range of family law cases including financial and property adjustment issues relating to the care and upbringing of children. The criteria for appointment and selection procedures followed for PRFD District Judges are similar to those for other District Judge appointments and competitions are held as and when vacancies arise. All District Judges (Civil), Deputy District Judges (Civil), Deputy District Judges (PRFD), and District Probate Registrars are notified personally when there is a competition and invited to request an application form.
3.61 A competition was held during the period of this Report. 25 applications were received, eight candidates were shortlisted for interview, one candidate withdrew and one candidate was approved for appointment. Two candidates were placed on the reserve list. Full statistics are given at Annex H, Table 14.
3.62 Two unsuccessful interviewees received telephone feedback relating to the competition held in 2001.
Deputy District Judges
3.63 Service as a Deputy District Judge is a testing ground for subsequent appointment as a District Judge. Deputy District Judges deal with the types of cases which would otherwise be heard by a District Judge, although they would not routinely deal with the most complex matters. However, they are not authorised to undertake certain types of work, such as Public Law Children Act cases. Applicants for Deputy District Judge were until recently considered for appointment if aged between 35 and 60 (see also paragraph 2.15) and must hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court (that is the Crown Court, High Court and Court of Appeal) or for all proceedings in county courts or magistrates' courts. In common with other part-time appointments Deputy District Judges are initially appointed for five years once they have successfully completed the training and induction process. They are re-appointed, subject to fulfilling the requirements of the office, until retirement.
3.64 A competition was held during the period of this Report for vacancies on the Midland, Northern, South Eastern and North Eastern Circuits. There were no vacancies on the Wales and Chester, and Western Circuits. Assessments were sought from serving members of the judiciary and from up to six other consultees nominated by the candidate. Consultees were mainly from, but not limited to, both branches of the legal profession. All were asked to provide an assessment against the criteria for appointment. Selection for interview was conducted by panels comprising a District Judge, a lay member and a senior official from Judicial Group, based on the written assessments and the information given in the application form. Similarly constituted panels conducted the interviews. In respect of each candidate the interview panel considered the degree to which the candidate demonstrated that he or she satisfied the published criteria.
3.65 For the competition held in 2001/2002, 313 applications were received. 188 candidates were shortlisted for interview, and 45 candidates were approved for appointment. Full statistics are given at Annex H, Table 15. A total of 69 unsuccessful interviewees received telephone feedback (the same number as in 2000/2001).
3.66 In addition the Lord Chancellor appoints Costs Judges as Deputy District Judges so that they can deal with assessments in relation to county court matters. Although assigned to a Circuit, the Costs Judges sit only in London, where they exercise a limited county court jurisdiction in respect of assessment of costs on that Circuit. This limited jurisdiction has been extended to Deputy Costs Judges who are additionally appointed both as Deputy District Judges (Civil) and PRFD Deputy District Judges. During the period of this report there was no competition for the appointment of Costs Judges.
Deputy District Judges of the Principal Registry of the Family Division
3.67 Deputy District Judges of the Principal Registry of the Family Division (PRFD) have broadly the same jurisdiction as PRFD District Judges (paragraph 3.60) but, in particular, they are not allocated public family law proceedings. The criteria for appointment and the advertisement and selection procedures followed for PRFD Deputy District Judges are similar to those for other Deputy District Judge appointments and competitions are held as and when vacancies arise. There was no competition during the period of this Report.
Retired District Judges sitting as Deputies
3.68 Between April 2001 and the end of March 2002, 12 District Judges sitting in retirement as part-time Deputy District Judges were re-appointed for a further 1 year term. In addition 5 District Judges who retired during this period were appointed as Deputies.
District Judges (Magistrates' Courts)
3.69 District Judges (Magistrates' Courts) are appointed by The Queen on the recommendation of the Lord Chancellor. They are full-time members of the judiciary and deal with the broad range of business that comes before the magistrates' courts but in particular may be expected to hear the lengthier and more complex criminal matters coming before those courts. They are entitled to sit alone, but they may on occasions sit with lay magistrates.
3.70 District Judges (Magistrates' Courts) are based at particular magistrates' courts but have a national jurisdiction throughout England and Wales. As at 1 April 2002 there were 105 District Judges (Magistrates' Courts) in post. The head of the national bench is called the Senior District Judge (Chief Magistrate). She is responsible for the deployment of the District Judges (Magistrates' Courts), on behalf of the Lord Chancellor, to the courts in England and Wales where they are needed.
3.71 The Lord Chancellor will normally only consider for appointment as full-time District Judges (Magistrates' Courts) applicants who have been sitting as Deputy District Judges (Magistrates' Courts) (i.e. part-time) for at least two years or who have completed 30 sittings in that capacity. Until recently only candidates who were aged between 40 and 55 were considered for appointment, but these age limits were applied flexibly (see also paragraph 2.15 regarding the age limit changes).
3.72 A competition to appoint eight District Judges (Magistrates' Courts) was held in 2001/2002 and 95 applications were received. Selection for interview was conducted by panels comprising a judge, a lay member, and a senior official from Judicial Group, based on assessments made of each applicant's sittings as a Deputy District Judge (Magistrates' Courts), and the information in each application form. 41 candidates were shortlisted for interview and similarly constituted panels conducted the interviews. For each candidate the interview panel considered the degree to which the candidate demonstrated that he or she satisfied the published criteria. Eight applicants were successful and approved for appointment and seven candidates were placed on the reserve list. Detailed statistics of the competition are given in Annex H, Table 16.
3.73 During 2001/2002 28 telephone feedback sessions were conducted with unsuccessful interviewees.
Deputy District Judges (Magistrates' Courts)
3.74 Deputy District Judges (Magistrates' Courts) are appointed by the Lord Chancellor. They are part-time members of the judiciary but they nevertheless undertake the full range of business, in the adult court only, that normally falls to full-time District Judges (Magistrates' Courts) and may do so either alone or sitting with lay magistrates. Applicants will normally be considered for appointment if aged between 35 and 55 (see also paragraph 2.15 regarding the age limit changes). All applicants must hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court or for all proceedings in county courts or magistrates' courts.
3.75 The jurisdiction of Deputy District Judges (Magistrates' Courts) mirrors that of the full-time District Judges (Magistrates' Courts). They can sit anywhere in England and Wales and are expected to sit for a minimum of 15 days and a maximum of 50 days each year. In common with other part-time appointments they are now appointed for periods of five years at a time. As at 1 April 2002 there were 156 Deputy District Judges (Magistrates' Courts) in England and Wales.
3.76 There was no competition for Deputy District Judge (Magistrates' Courts) in 2001/2002 but a competition will be held in 2002/2003. Details of this competition will appear in next year's Annual Report.
Masters and Registrars of the Supreme Court
3.77 Masters and Registrars of the Supreme Court are appointed by the Lord Chancellor and are generally responsible for exercising the jurisdiction of the High Court where, by statute or under Rules of Court, that jurisdiction does not fall to be exercised by a High Court Judge. They accordingly deal with civil cases which are proceeding in one of the Divisions of the High Court i.e. the Queen's Bench Division which deals with most types of civil law, including admiralty and commercial matters and defamation, or the Chancery Division which deals with issues such as property matters, banking and financial matters, bankruptcy and copyright law. Queen's Bench and Chancery Masters, and Bankruptcy Registrars deal with most of the interim (preliminary or intermediate) work arising within their areas of jurisdiction, and in certain circumstances may also try cases. Taxing Masters (now known generally as Costs Judges) have power to "tax" (i.e. assess and determine) the costs and bills of lawyers in any cases in the Supreme Court (Court of Appeal and High Court) and to hear appeals against decisions made by determining officers about the size of legal bills in the Crown Court.
3.78 The Lord Chancellor will normally only consider for appointment applicants aged between 40 and 60, although age limits are applied flexibly (see also paragraph 2.15 regarding the age limit changes). All applicants must hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court or for all proceedings in county courts or magistrates' courts. Masters and Registrars of the Supreme Court are normally drawn from the ranks of Deputy Masters and Deputy Registrars of the Supreme Court.
3.79 As with other competitions, shortlisted candidates are invited for interview before a panel comprising a serving Master or Registrar from the Division concerned, a lay person and a senior official from Judicial Group. Assessments from up to six consultees nominated by each applicant are sought. All are asked to provide an assessment against the criteria for appointment. These comments together with the application form and the interview panel's assessment constitute the information on the basis of which the Lord Chancellor selects people for appointment.
3.80 During the period of this report, competitions were held for Chief Bankruptcy Registrar, Queen's Bench Masters, Bankruptcy Registrar, Deputy Masters of the Chancery Division and Deputy Costs Judges. A total of 10 appointments were made. Full details of these competitions are at Annex H (see Tables 17-21).
Tribunals
3.81 There is a wide range of tribunals comprising large numbers of both full-time and part-time office holders and the procedures for appointing their Presidents, Chairmen and Members reflect that diversity, in part as a result of their historical creation and development. The geographical jurisdiction of tribunals varies. In some cases it extends to Scotland and/or Northern Ireland as well as England and Wales. Most tribunal appointments are held on a part-time basis, but some of the larger tribunals have full-time Presidents and Chairmen. The Chief Immigration Adjudicator, the President of the Appeals Tribunal and the Chief Social Security Commissioner are currently Circuit Judges seconded from their duties on the Circuit Bench to serve as full-time head of the tribunal in question. High Court Judges serve as Presidents of the Employment Appeal Tribunal and Immigration Appeal Tribunal. Other full-time office holders are generally appointed from the ranks of the part-time office holders in the same jurisdiction. Chairmen are usually, but not exclusively, legally qualified; in some tribunals there are part-time medical members or other experts (e.g. surveyor members of the Rent Assessment Panel); and some have part-time lay members who do not have to be specialists in any particular discipline, but are chosen from a wide variety of backgrounds.
3.82 The statutory qualification for each tribunal varies but, in general, legal members are expected to hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court or for all proceedings in county courts or magistrates' courts. For some appointments they may also be an advocate or solicitor in Scotland of at least seven years' standing, or a member of the Bar of Northern Ireland of at least seven years. Most part-time office holders are appointed for a five year period, which is renewed automatically, unless grounds are shown for non-renewal, subject to the statutory retirement age.
3.83 All full-time and most part-time tribunal appointments are made following application and interview. Job descriptions and statements of eligibility and criteria are available for each office. It is the usual practice to publicise full-time vacancies to those eligible to apply, usually those who already sit on a part-time basis within that or a related jurisdiction, inviting those interested to request an application form. All part-time vacancies are advertised in some national newspapers and/or legal and other appropriate journals, again inviting suitably qualified candidates to contact Judicial Group for an application form. Where not advertised, full-time vacancies are always notified to those who currently serve in the same jurisdiction in a part-time capacity. In submitting their application, applicants are asked to name between three and six people or members of their profession who are familiar with their professional work, who may be consulted as part of the process. Additionally, if an applicant already serves in a judicial capacity comments will be sought from the head of that jurisdiction. Candidates who pass an initial sift are invited to interview by a panel comprising the President or a senior member of the tribunal concerned, a senior official from Judicial Group and a member of the Lord Chancellor's panel of lay interviewers.
3.84 The Lord Chancellor has a statutory responsibility to consult with the Chief Medical Officer (CMO) in respect of medical members of the Appeals Tribunals. Interviewing panels make recommendations about appointments to the Lord Chancellor, but the Lord Chancellor alone decides whom to appoint.
3.85 In 2001/2002 appointments were made to the following tribunals:
Adjudication Panel for EnglandThe Adjudication Panel was established under Chapter IV of the Local Government Act 2000. The Lord Chancellor, following consultation with the Secretary of State for the Department of Transport, Local Government and the Regions, appoints the President, legal members and lay members for England. Members of the tribunal determine cases referred to it by an ethical standards officer of the Standards Board for England relating to allegations that a Local Authority's code of conduct has been breached by a member of that Authority.
3.86 The vacancy for President of the Adjudication Panel was advertised in the Bar News and Law Society Gazette in March 2001. 10 applications were received of whom four were invited to interview. The Lord Chancellor approved the appointment of the successful candidate in September 2001.
3.87 Vacancies for legal members to the tribunal were advertised in the Bar News and Law Society Gazette in April 2001. 70 applications were received and 21 candidates attended for interview. The Lord Chancellor approved the appointment of eight candidates in November 2001. Vacancies for lay members to the tribunal were advertised in the Guardian, Sunday Times, Local Government Chronicle and Municipal Journal in May 2001. 244 applications were received, of which 63 were called to interview. The Lord Chancellor approved the appointment of 16 candidates in January 2002. Full statistics on all these appointments are in Annex H (see Tables 22-24).
Advisory Committee on Conscientious Objectors (ACCO)3.88 Legal and lay members of the ACCO are appointed by the Lord Chancellor as established by administrative action in 1970. The ACCO hears applications made by officers and other ranks of the Armed Forces whose applications for permission to retire or to resign their commissions, or for discharge, have been refused by the service authorities.
3.89 During the period of this Report vacancies arose in the ACCO for a Chairman, Vice Chairman and four lay members (all part-time). Due to the specialist nature of the jurisdiction and the small workload the Lord Chancellor agreed that an open competition to fill the vacancies would not be cost effective. Nominations were therefore sought from Circuit Judges who were Queen's Counsel to fill the Chairman and Vice Chairman vacancies. The Lord Chancellor has appointed a Vice Chairman whilst the Chairman has still to be appointed. Nominations were also sought from the Public Appointments Unit of the Cabinet Office to fill the four vacancies for lay members. Eight candidates nominated by the Public Appointments Unit were invited to interview and the Lord Chancellor approved the appointment of four (see Annex H, Table 25).
Agricultural Land Tribunal3.90 The Chairman, Deputy Chairmen and other members (all part-time) of the Agricultural Land Tribunal (ALT) are appointed by the Lord Chancellor. The other members comprise two panels, one being of persons appearing to the Lord Chancellor to represent the interests of farmers and the other the interests of owners of agricultural land. The responsibility for administering the tribunal is vested in the Department of the Environment, Food and Rural Affairs. The tribunal, which is divided into eight regions (seven in England with Wales forming a separate region), adjudicates on disputes between agricultural landlords and tenant farmers. Tribunal members often visit the premises in dispute for preliminary consideration of the matter. Full hearings are comparatively rare.
3.91 Vacancies for lay members of the ALT, unlike vacancies for other part-time judicial offices, are not advertised in the National press. Under statutory provisions the Lord Chancellor may only appoint those nominated by representative bodies. When vacancies arise nominations are therefore sought from the National Farmers Union, the National Farmers Union of Wales, the Country Landowners Association and, for drainage experts, the Environment Agency. During the period of this Report the Lord Chancellor approved the appointment of 14 lay members to the ALT. (See Table 25a of Annex H, for the appointment of Deputy Chairmen to the ALT.)
Appeals Tribunal3.92 The Appeals Tribunal principally deals with appeals against decisions made on social security benefits, child support benefits, housing benefits, council tax benefits and vaccine damage payments. The Lord Chancellor appoints, following consultation with the Secretary of State for Work and Pensions, the legal and other panel members under Section 6 of the Social Security Act 1998. The geographical jurisdiction of the panel includes England, Scotland and Wales (but not Northern Ireland, where there is a separate system). The jurisdiction is divided between six regions, one each in Scotland and Wales, and the remaining four in England.
3.93 A vacancy for a Regional Chairman in Birmingham was circulated to all full-time Chairmen of the Appeals Tribunal in April 2001. Four applications were received and all four were invited to interview in July. The Lord Chancellor approved the offer of appointment to the successful candidate in August (see Annex H, Table 26).
3.94 Vacancies for full-time District Chairmen of the Appeals Tribunal were circulated to all part-time Legal Chairmen of the Appeals Tribunals in May 2001. 59 applications were received, of which 18 were invited to interview. The Lord Chancellor approved the offer of appointment to five candidates in November 2001 (see Annex H, Table 27).
3.95 Vacancies for part-time legally qualified members of the Appeals Tribunals were advertised in the Bar News and Law Society Gazette in July 2001. 142 applications were received, of which 81 were invited to interview. The Lord Chancellor offered appointment to 37 candidates, with a further 16 candidates being placed on a reserve list for 12 months, from which appointments will be made as and when required (see Annex H, Table 28). Tables 28ad, provide statistical information about other appointments to the Appeals Tribunal.
Combined Tax Tribunal3.96 The Combined Tax Tribunal comprises the Special Commissioners of Income Tax and the VAT and Duties Tribunal; the senior judicial officer is concurrently the Presiding Special Commissioner and President of the VAT and Duties Tribunal. The Lord Chancellor appoints the Special Commissioners (full and part-time) and the Chairmen of VAT and Duties Tribunals (full and part-time). The Special Commissioners have jurisdiction over almost all Income Tax, Corporation Tax and Capital Gains Tax issues. The VAT and Duties Tribunal considers appeals against decisions of the Commissioners of HM Customs and Excise about the administration and levying of VAT and excise duties. It is usual for candidates who have been appointed as either a Special Commissioner or a Chairman to be appointed to the other jurisdiction. The responsibility for the administration of the Combined Tax Tribunal is vested in the Court Service. It sits in London and in regional centres.
3.97 Vacancies for Deputy Special Commissioners and part-time Chairmen of VAT and Duties Tribunals were advertised in the Bar News and Law Society Gazette in March 2001. 25 applications were received of whom 11 were invited to interview. The Lord Chancellor approved the offer of appointment to seven candidates in October 2001 (see Annex H, Table 29).
Commons Commissioners3.98 Commons Commissioners are appointed by the Lord Chancellor under section 17 of the Commons Registration Act 1965. Commissioners deal with matters referred to them by the Commons Registrations Authorities usually county or metropolitan borough councils or unitary authorities. They adjudicate on contested or conflicting registrations of common land and town and village greens. They also deal with disputed claims to ownership of commons and greens, and enquire into the ownership of unclaimed land.
3.99 Vacancies for a Chief Commons Commissioner and a Commons Commissioner (both part-time) were advertised in the Bar News and Law Society Gazette in August 2001. 30 applications were received and seven candidates were interviewed. The Lord Chancellor approved the offer of appointment as Chief Commons Commissioner and Commons Commissioner to two candidates respectively in February 2002 (see Annex H, Table 30).
Employment Tribunals (England and Wales)3.100 Employment Tribunals sit at various venues throughout the country. Their administration is the responsibility of the Department of Trade and Industry. They have a wide jurisdiction conferred by a number of statutes including the Employment Rights Act 1995, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1998 and the Equal Pay Act 1970. Panels consist of a legal Chairman and two lay members. The Lord Chancellor makes all legal appointments to the tribunal, both full-time and part-time. The lay members are selected from panels approved by the Secretary of State for Trade and Industry, one after consultation with organisations representative of employers and the other after consultation with organisations representative of employees.
3.101 Vacancies for part-time Chairmen of the Employment Tribunals were advertised in the Bar News and Law Society Gazette in September 2000. 143 applications were received, of which 85 were invited to interview. Interviews were held during April 2001 and the Lord Chancellor approved the offer of appointment to 30 candidates in June 2001 (see Annex H, Table 31).
3.102 Vacancies for full-time Chairmen of the Employment Tribunals were circulated to all part-time Chairmen of the Tribunal in February 2001. 34 applications were received, of which 24 were invited to interview. 11 candidates were approved for appointment by the Lord Chancellor and they accepted the offer of appointment in August 2001 (see Annex H, Table 32).
3.103 A vacancy for a Regional Chairman of the Employment Tribunal for the London Central Region was circulated to all full-time Chairmen of the Tribunal in May 2001. Three applications were received and all three candidates were invited to interview. The Lord Chancellor approved the offer of appointment to the successful candidate in August 2001 (see Annex H, Table 33).
Extended Protection of Children Act Tribunal3.104 The extended functions of the tribunal, as provided by the Care Standards Act 2000, came into effect in April 2002. The tribunal considers appeals in England and Wales against decisions of the National Care Standards Commission (and the equivalent decisions of the National Assembly for Wales) in respect of registration of certain social care services. Services required to be registered by the commission are: care homes (including homes which provide nursing care); children's homes; residential family centres; private and voluntary healthcare establishments; domiciliary care agencies; nurses agencies; voluntary adoption agencies; independent fostering agencies; independent medical agencies. The tribunal also considers appeals against inclusion on the list kept by the Secretary of State for Health, of persons considered unsuitable to work with children; inclusion on the list kept by the Secretary of State for Health of persons considered unsuitable to work with vulnerable adults; decisions of the General Social Care Council (and the Care Council for Wales) on the registration of social care workers and; decisions on the registration of child minders and day care providers for young children by the Chief Inspector of Schools (or the National Assembly for Wales). The Lord Chancellor appoints the President, legal members and lay members.
3.105 The vacancy for the post of President of the Extended Protection of Children Act Tribunal was advertised in the Bar News and Law Society Gazette in March 2001. 12 applications were received, of whom 6 were invited to interview. The Lord Chancellor approved the offer of appointment to the successful candidate in July 2001 (see Annex H, Table 34).
3.106 Vacancies for 46 lay members of the Extended Protection of Children Act Tribunal were advertised in the British Medical Journal, The Health Service Journal, Community Care magazine, The Guardian and Western Mail in May 2001. 146 applications were received and 82 candidates were interviewed. The Lord Chancellor approved the offer of appointment to 43 candidates. A further three applicants were subsequently successful and the Lord Chancellor approved the offer of appointment in March 2002 (see Annex H, Table 35).
Family Health Services Appeal Authority3.107 The Family Health Services Appeal Authority (FHSAA) was set up following implementation of the Health and Social Care Act 2001. The Lord Chancellor appoints the President, legal members, professional (practitioner) members and lay members. The Authority hears cases brought by primary care practitioners against Health Authority decisions to refuse to include a practitioner's name in, or remove, or contingently remove, practitioners from Health Authority lists. The authority also hears appeals on certain other matters relating to family health services, including less serious disciplinary cases. The tribunal office is located in Harrogate, although the tribunal sits throughout England.
3.108 An initial cadre of Specialist, Medical and Health members was appointed to the new tribunal in order to meet its inception date in April 2002. 31 applications were received from lay justices and serving members of health-based tribunals, following invitations to apply. Of these, 16 were appointed and the remainder were carried forward to the open competition (see Annex H, Table 36).
3.109 The vacancy for the post of President was advertised in March 2001. 21 applications were received, of whom five were invited to interview. The Lord Chancellor approved the offer of appointment in November 2001 (see Annex H, Table 37).
3.110 Vacancies for part-time legal members of FHSAA were advertised in the Bar News and the Law Society Gazette in May 2001. 88 applications were received of which 36 were interviewed. The Lord Chancellor approved the offer of appointment to 17 candidates and, due to the unknown level of the likely workload of the new panel, placed a further seven candidates on a reserve list for one year (see Annex H, Table 38).
3.111 Vacancies for Professional (practitioner) Members of FHSAA, that is medical and dental practitioners, opticians and pharmacists were advertised in various medical publications in July 2001. 132 applications were received and 99 candidates were invited to interview. The interviews were held between the end of November 2001 and mid January 2002. The Lord Chancellor approved the offer of appointment to 24 candidates (see Annex H, Table 39).
3.112 Vacancies for lay members of FHSAA were advertised in the National press on 16 May 2001. 171 applications were received and 80 candidates were called to interview. The Lord Chancellor approved the offer of appointment to 22 candidates in January 2002 (see Annex H, Table 40).
Financial Services and Markets Tribunal3.113 The Financial Services and Markets Tribunal (FINSMAT) was established under Schedule 13 to the Financial Services and Markets Act 2000. The Tribunal has replaced a number of existing legal fora: the Financial Services Tribunal; the Banking Appeal Tribunal; the Building Societies Appeal Tribunal; and the Friendly Societies Appeal Tribunal. The Lord Chancellor appoints the President, legal members and lay members of FINSMAT.
3.114 Vacancies for part-time Legal Chairmen were advertised in the Bar News and Law Society Gazette in February 2001. 44 applications were received of whom 16 were invited to interview. The Lord Chancellor approved the offer of appointment to seven candidates, placing a further four on a reserve list for one year (see Annex H, Table 41).
3.115 Vacancies for lay members of FINSMAT were advertised in the Guardian and the Sunday Times in February 2001. 89 applications were received, of whom 36 were invited to interview. The Lord Chancellor approved the offer of appointment to 19 candidates (see Annex H, Table 42).
The Immigration Appellate Authority3.116 The Immigration Appellate Authority (IAA) comprises the Immigration Appeal Tribunal (IAT) and Immigration Adjudicators. Immigration Adjudicators hear appeals at first instance against the decisions of; the Home Secretary, Immigration Officers at ports of entry to the UK, and Entry Clearance Officers at British diplomatic posts abroad. These decisions are regarding; entry to, entitlement to stay in, and removal from the United Kingdom. The IAT, which is headed by a High Court Judge, hears appeals from the Immigration Adjudicators relating to these matters. The IAT sits in Central London and Immigration Adjudicators sit in centres in London and throughout the country. The administration of the IAA is vested in the Court Service, the Lord Chancellor is responsible for both full-time and part-time appointments to the IAA. Despite reductions in the backlog of work the number of cases flowing from the Home Office has resulted in a continued demand for new appointments to the IAA.
3.117 Vacancies for full-time Vice Presidents of the IAT were circulated to all full-time and part-time Immigration Adjudicators and part-time Legal Members of the IAT in August 2001. 12 applications were received; of whom 5 were invited to interview. The Lord Chancellor approved the offer of appointment to two candidates (see Annex H, Table 43).
3.118 A vacancy for the posts of Deputy Chief Immigration Adjudicator and Regional Adjudicator at Hatton Cross were circulated to all full-time Immigration Adjudicators in March 2001. Four applications were received for the post of Regional Adjudicator, of whom three were invited to interview. Six applications were received for the post of Deputy Chief Immigration Adjudicator and four were invited to interview. The Lord Chancellor approved the offer of appointment to the two successful candidates in July 2001 (see Annex H, Tables 44 and 45).
3.119 Vacancies for part-time Immigration Adjudicators, for a non-renewable five year fixed-term appointment, were advertised in the Law Society Gazette, New Law Journal, The Scottish Law Times, Belfast Telegraph and Irish News in October 2001. 280 applications were received, of whom 202 were interviewed. The Lord Chancellor approved the offer of appointment to 120 candidates in March 2002 (see Annex H, Table 46).
3.120 Vacancies for full-time Immigration Adjudicators were circulated to all part-time Immigration Adjudicators in October 2001. 103 applications were received of whom 70 were invited to interview. The Lord Chancellor approved the offer of appointment to 46 candidates in March 2002 (see Annex H, Table 47).
Independent Schools Tribunal3.121 Independent Schools Tribunal are ad hoc educational tribunals created under section 34 of the Education Act 1996. The tribunal hears appeals against notices of complaint served by the Secretary of State for the Department of Education and Skills on proprietors of, or teachers at, independent schools. The tribunal also hears appeals against refusals by the Secretary of State to remove a disqualification imposed on a teacher or proprietor of an independent school. The Chairmen of the Independent Schools Tribunal are appointed by the Lord Chancellor.
3.122 Vacancies for part-time Chairmen of the Independent Schools Tribunal were advertised in the Bar News and Law Society Gazette in March 2001. 77 applications were received, of whom 26 were invited to interview. The Lord Chancellor approved the offer of appointment to three candidates in October 2001 (see Annex H, Table 48).
Mental Health Review Tribunals3.123 There are four Mental Health Review Tribunals (MHRT) panels in England (funded by the Department of Health) and one in Wales (funded by the National Assembly for Wales). They examine the case for continued compulsory detention of mentally ill patients. The members of the tribunal are all part-time and are drawn from three groups legal members, medical members and lay members. The Lord Chancellor appoints all members to a specific regional panel. Medical and lay members are appointed after consultation with the Secretary of State for Health in England or the National Assembly for Wales. The Department of Health has a continual shortage of medical members, and in order to assist with meeting the needs of the tribunal a continuous programme of recruitment is in place, with candidates invited to interview at the earliest opportunity.
3.124 Each region of the MHRT is headed by a Regional Chairman who, together with the legal Chairmen, is expected to have relevant legal experience combined usually with some relevant experience, such as working with people with psychiatric disorders or knowledge of medical matters. They are also involved in training and assessing part-time Chairmen. Any three or more of its members, appointed by the Regional Chairman, may exercise the tribunal's jurisdiction. Some members of the panel sit on the Restricted Patients Panel which considers applications or references to restricted persons (offenders who are subject to a restriction order made by the Crown Court).
3.125 Following on from the appointment of 28 Medical Members in June 2000, a further five applications were received and all five candidates were invited to interview. The Lord Chancellor approved the offer of appointment to four candidates in May 2001, and the remaining candidate in July 2001.
3.126 A further 115 Medical Member vacancies were advertised in The Sunday Times, Greater Manchester Times, The Guardian, Western Mail, The Lancet and the British Medical Journal in March 2001. Only 22 applications were received and all candidates were invited to interview. The Lord Chancellor approved the offer of appointment to 18 candidates in November 2001 (see Annex H, Table 49). A further 13 applications for these vacancies were received after the closing date. Due to the acute shortage of medical applicants all 13 applications were considered and 12 candidates were invited to interview. The Lord Chancellor approved the appointment of 10 candidates in January 2002 (see Annex H, Table 50).
3.127 Vacancies for part-time legal members were advertised in the Bar News and Law Society Gazette in December 2000. 186 applications were received, of whom 92 were invited to interview. Interviews were held in June and July 2001 and the Lord Chancellor approved the offer of appointment to 59 candidates in September 2001 (see Annex H, Table 51).
3.128 Vacancies for 99 lay members were advertised in The Sunday Times, The Guardian and Western Mail in January 2001. 380 applications were received, of whom 139 were invited to interview. The Lord Chancellor approved the offer of appointment to 93 candidates in December 2001, and a further six candidates in January 2002 (see Annex H, Table 52).
Pensions Appeal Tribunals3.129 The President, legal members, lay members (usually drawn from the armed services) and Medical Members of the Pensions Appeal Tribunals (PAT) are appointed by the Lord Chancellor. The tribunal hears appeals against the rejection of claims in respect of entitlement to, or assessment of, service pensions from former members of the armed forces and others. The administrative responsibility for the tribunal is vested in the Court Service. The Headquarters is in London but the tribunal also sits around the country.
3.130 A vacancy for a full-time Deputy President of the PAT was circulated to all part-time legal members of the tribunal in November 2001. One application was received and the candidate was interviewed in February 2002. Having been successful at interview, the Lord Chancellor offered the candidate appointment in March 2002 (see Annex H, Table 53).
Rent Assessment Panels3.131 Members of the panels (all part-time) are appointed by the Lord Chancellor and by the Secretary of State for Transport, Local Government and the Regions (DTLR) (for panels in England) and the National Assembly for Wales (for the Welsh panel). The members are qualified barristers, solicitors, architects, surveyors or academics. They are assigned to a specific regional panel. The panels consider, amongst other work, appeals concerning rents such as the level at which rents have been set. This may involve inspecting some premises, which are the subject of appeals. Administrative and financial responsibility for the panels is vested in the DTLR and the National Assembly for Wales.
3.132 Vacancies for part-time Lawyer Chairmen of the Rent Assessment Panel were advertised in the Law Society Gazette and Bar News in July 2001. 43 applications were received, of whom 22 were invited for interview. The Lord Chancellor approved the offer of appointment to 13 candidates in January 2002 (see Annex H, Table 54).
Social Security and Child Support Commissioners3.133 Social Security and Child Support Commissioners hear and determine appeals in relation to a variety of social security benefit issues; appeals lie only on questions of law from the lower jurisdiction, The Appeals Tribunal. The Chief Social Security and Child Support Commissioner and the other full-time Commissioners are appointed by The Queen on the recommendation of the Lord Chancellor. Commissioners usually hold office concurrently as Social Security and Child Support Commissioners. Deputy Commissioners (part-time) are appointed by the Lord Chancellor and are appointed to one jurisdiction or both. Commissioners and Deputy Commissioners sit in central London and in Edinburgh, and from time to time in Cardiff. Commissioners are appointed to either the London or Edinburgh panel. The administrative office of Social Security and Child Support Commissioners is vested with the Court Service.
3.134 Due to the expected impact of new housing benefit legislation, the Lord Chancellor approved the offer of appointment as a Social Security and Child Support Commissioner to a candidate on the 2000/2001 Reserve List. The candidate formally took up appointment in September 2001.
Forward Look
3.135 Several new tribunals have recently come into being, or are shortly to do so. Briefly these are:
Road User Charging Scheme (London)In March 2001 the Mayor for London approved a congestion-charging scheme for the capital, taking effect in 2003. Open recruitment is currently in hand for legal members. The Parking Adjudicators Office (London) will provide the administrative support.
London Service Permit Appeal Panel3.136 This panel will deal with the withdrawal of permits to ply for trade by public service vehicles in the London area. It is envisaged that there will be relatively few cases, so the work has been placed in the Transport Tribunal structure where some relevant expertise already exists.
Information Bill3.137 The existing Data Protection Tribunal is due to be subsumed into the Information Tribunal. Existing legal and lay members have been appointed to the new tribunal and recruitment for additional lay members will take place later this year.
Mental Health Review Tribunal3.138 The Lord Chancellor agreed to the creation of the post of liaison judge for the Mental Health Review Tribunal. An appointment is planned for August 2002. The Department of Health (the sponsoring department) announced a formal enquiry into the administration of the tribunal and concerns continue about the number of applicants for medical posts on the tribunal. The shortfall is generally in line with the shortage of consultants in the UK and is reflected locally in vacancies running nationally at about 12-15%. To try and rectify this long standing problem, closer and regular links have been established with the Royal College of Psychiatry resulting in the preparation of a questionnaire that will be sent to Consultants to establish why they are reluctant to apply, so that we can, where possible improve the service provided to this group. In addition the Lord Chancellor agreed to raise the retirement age to 70 for Consultant Psychiatrists wishing to sit on the MHRT, and the Department of Health has recently raised the fees paid to members.
Adjudicator for HM Land Registry3.139 This is a new office created by the Land Registration Act 2002, which is expected to come into force in September 2003. Judicial functions under the Land Registration Act 1925 are currently exercised by the Solicitor and Deputy Solicitors to HM Land Registry. Under the new Act, all but one of the judicial functions conferred by the Act will be exercised by the Adjudicator. These will include the conduct of hearings in London and other appropriate venues throughout England and Wales.
Registered Homes Tribunal3.140 This tribunal formally ceased to exist at the end of March 2002 due to legislative changes. The work was transferred to the Protection of Children Act tribunal and the existing legal members from the Registered Homes Tribunals now serve there.
Competition Appeal Tribunal3.141 As a result of the Enterprise Bill, the Competition Commission Appeal Tribunal (CCAT) became the Competition Appeal Tribunal (CAT). The appointment of the President and Legal Chairmen is the responsibility of the Lord Chancellor. The Lord Chancellor has agreed to transitional arrangements that will allow appointments of tribunal chairmen made by the Secretary of State for the Department of Trade and Industry (DTI), in consultation with the Lord Chancellor, to be automatically transferred to the Competition Appeal Tribunal. The appointment of lay members to this tribunal remains the responsibility of the Secretary of State for Trade and Industry.