Constitutional Reform Act 2005
28
- Jurisdiction
- United Kingdom of Great Britain and Northern Ireland
- Provision
- 28
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source1 The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows. 2 For paragraph 1 substitute— 1 1 There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. 2 There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. 3 There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. 4 The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1). 5 The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3). 3 In paragraph 2 (membership)— a in sub-paragraph (1) for “appointed by the Lord Chancellor” substitute appointed— a in relation to England and Wales, by the Lord Chancellor; b in relation to Scotland, by the Lord President of the Court of Session; c in relation to Northern Ireland, by the Lord Chancellor ; b in sub-paragraph (2A) for “sub-paragraphs (3)” substitute “ sub-paragraphs (3A), (3B) ” ; c for sub-paragraph (3) substitute— 3A The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a). 3B The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b). ; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In paragraph 2A (persons to be appointed to Tribunals)— a in sub-paragraph (1) for the words from “The Lord Chancellor” to “paragraph 2 above” substitute “ Any person making appointments under paragraph 2 shall ensure that the appointments ” ; b in sub-paragraph (4) for the words from “In making” to “the Lord Chancellor” substitute “ It shall be the duty of any person making an appointment under paragraph 2 ” . 5 In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for “Lord Chief Justice of Northern Ireland” substitute “ Lord Chancellor ” . 6 In paragraph 5 (rules)— a in sub-paragraph (1) for “the Lord Chancellor may make rules” substitute “ rules may be made ” ; b for “Lord Chancellor” in the second place substitute “person making them”; c after sub-paragraph (1) insert— 1A Such rules are to made by the following person— a if the rules relate to England and Wales, by the Lord Chancellor; b if the rules relate to Scotland, by the Lord President of the Court of Session; c if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland. ; d in sub-paragraph (4)(b) after “Lord Chancellor” insert “ , or in relation to Scotland by the Lord President of the Court of Session, in either case ” . 7 Before paragraph 8 insert— 7B 1 The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under paragraph 1. 2 The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under any of the provisions listed in sub-paragraph (3). 3 Those provisions are— a paragraph 3C(2)(b); b paragraph 5(1A)(b). 4 The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)— a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; b a Lord Justice of Appeal (as defined in section 88 of that Act). 5 Those provisions are— a paragraph 1; b paragraph 3C(2)(c); c paragraph 5(1A)(c).
Source record
Source and verification
Constitutional Reform Act 2005 · legislation.gov.uk · Retrieved 17 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source