Commentary on provisions of the Act Section 52: Judges of First-tier Tribunal and Upper Tribunal
This section amends section 5 of the Tribunals, Courts and Enforcement Act 2007 ("the 2007 Act"). Section 5 of the 2007 Act lists judges who are also judges of the Upper Tribunal; paragraph 6 of Schedule 3 to the 2007 Act then provides additional requirements for certain judges to be able to sit as judges of the Upper Tribunal, for example following a request from the Senior President of Tribunals, and with the agreement of the Lord Chief Justice (or Lord President of the Court of Session or Lord Chief Justice of Northern Ireland, as appropriate).
	This section adds First-tier Tribunal judges and Employment Tribunal judges to the list in section 5 of the 2007 Act, making them eligible to sit in the Upper Tribunal. The decision on whether to use this deployment power sits with the Senior President of Tribunals.
	As the Upper Tribunal will be required to deal with most appeals brought under this Act, it will need additional judicial capacity to deal with an increased caseload. This section will extend existing flexible deployment powers for the judiciary to manage fluctuations in demand in courts and tribunals, supplementing recruitment of new judges.