Part 1: Tribunals and Inquiries Schedule 3 Section 7
78.Currently, many separate tribunals deal with different jurisdictions. When these tribunals are replaced by just two tribunals, it will be necessary for the jurisdictions in the new tribunals to have an organisational structure. Section 7 provides for the establishment of boundaries for the jurisdictions within the First-tier and Upper Tribunal through the creation of chambers. The tribunals will bring together a wide range of specialist jurisdictions. It would dilute expertise and damage the service provided to the public if they were organised on the basis that all judges and members can deal with all kinds of case. Instead, jurisdictions will be grouped so that similar work is dealt with by judges and members with the relevant skills to deal with it. The chambers system is intended to be flexible so that changes can be made easily to those boundaries as the workload of the tribunals changes.
79.Subsection (1) provides that the Lord Chancellor, with the concurrence of the Senior President, will have the power to make provision for the organisation of each of the First-tier and Upper Tribunal into a number of Chambers. It makes provision for the structure of the tribunals to change over time: chambers may be merged and new chambers may be created
80.Jurisdictions within the First-tier and Upper Tribunals will be organised into chambers so that jurisdictions which are similar in nature are grouped together. The chamber structure is intended to facilitate judicial deployment (as judiciary with expertise across the chamber can be deployed on more than one type of case). The chamber structure is also intended to facilitate judicial development and the preservation of expertise where appropriate.
81.Subsection (2) states that for each chamber within the First-tier Tribunal and Upper Tribunal there must be a person, or two persons, to preside over that chamber. A person cannot preside over more than one chamber within the First-tier Tribunal at the same time. Likewise, a person cannot preside over more than one chamber within the Upper Tribunal at the same time, although they can preside over one chamber of the First-tier Tribunal and over one chamber of the Upper Tribunal at the same time (section 7(3)).
82.Subsection (4) confers the title Chamber President on someone appointed to preside over a chamber.
83.Subsection (9) provides for the Senior President and the Lord Chancellor, each with the concurrence of the other, to be able to vary by order the distribution of functions between the chambers in either the First-tier Tribunal or the Upper Tribunal. Chambers may be constructed on either a functional or a geographical basis, or a combination of the two.
84.It seems likely that Chambers will evolve over time, in response to:
	the transfer of functions of other tribunals to the First-tier or Upper Tribunals;
	changes in original decisions (for example as the social security benefit system evolves);
	the creation of new areas of appeal (for example as has recently occurred in connection with the regulation of licensed gambling);
or in relation to the prevalence of a particular jurisdiction at a point in time, and other business and user needs. This may involve any or all of the following:
	Establishment of new chambers;
	Addition of jurisdictions to existing chambers;
	Transfer of functions and/or jurisdictions between chambers.
Schedule 4
85.Schedule 4 makes further provision about chambers and Chamber Presidents.
86.Paragraphs 1 and 5 provide for the eligibility requirements to be a Chamber President or a Deputy Chamber President to be the same as those for appointment as a judge of the Upper Tribunal under Schedule 3.
87.Paragraphs 2 and 3 deal with the appointment of Chamber Presidents. This is a judicial leadership role involving particular skills and experience and as such it is a separate appointment under the Act. A Chamber President may (although need not) be drawn from the judiciary of the High Court or the Court of Session in Scotland or Court of Appeal in Northern Ireland. Before making an appointment from amongst the judges of those courts, the Lord Chancellor must first consult the Senior President of Tribunals. If the Lord Chancellor decides that the appointee should be from the senior judiciary, he must seek a nomination from the Lord Chief Justice of England and Wales or Northern Ireland, or the Lord President of the Court of Session. If a suitable candidate is not forthcoming, selection will be made by the JAC. The office of Chamber President will be added to Part 3 of Schedule 14 to the CRA 2005 for this purpose (Schedule 8 paragraph 66).
88.Paragraph 4 permits a Chamber President to delegate functions of his office to any judge or other member of the First-Tier or Upper Tribunal, or to a member of staff.
89.Paragraph 5 provides for the appointment of Deputy Chamber Presidents. Deputy Presidents are appointed by the Lord Chancellor after consultation with the Senior President of Tribunals and are intended to be available to take on functions delegated to them by the Senior President or the Chamber President. The appointment process for Deputy Chamber Presidents mirrors that for Chamber Presidents.
90.Paragraph 6 allows for the Senior President of Tribunals to appoint Acting Chamber Presidents to cover a temporary vacancy in the office of Chamber President.
91.Paragraph 7 places a duty on a Chamber President to make arrangements for the issuing of guidance (to for example judges, members and users) on changes to the law and practice relating to the jurisdictions assigned to his chamber.
92.Paragraph 8 provides for persons appointed as Chamber Presidents, or Deputy or Acting Chamber Presidents, to take the oath of allegiance and the judicial oath before the Senior President of Tribunals, or before an eligible person nominated by the Senior President
93.Paragraph 9 makes it clear that the assigning of judges and other members to chambers of the Tribunals is a function of the Senior President.
94.Paragraphs 10 to 12 provide that Chamber Presidents and Deputy Chamber Presidents are deemed to be assigned to the chamber(s) over which they hold office. Every other judge or member who is appointed under Schedule 2 or 3, or transferred in under section 31(2), must be assigned to at least one chamber. The process of assignment is intended to be flexible, informal and transparent. It is intended to be based upon the principle of deploying judges and members who have, or are able to acquire, the necessary skills and experience to meet identified business needs of the tribunal.
95.Paragraph 13 obliges the Senior President to publish his policy on assignments of tribunal judges and members to chambers. This is intended to ensure openness and transparency of the system of assignment. The policy must ensure that appropriate use is made of the knowledge and experience of the judges and other members of the new tribunals. The policy must also ensure that a chamber which involves the application of the law of Scotland or Northern Ireland has enough members with knowledge and experience of those jurisdictions.
96.To ensure appropriate executive accountability to Parliament for the process of assigning members, and to take into account any resource implications, the concurrence of the Lord Chancellor will be required before the policy can be adopted.
97.Paragraph 14 provides for the allocation of members to hear individual cases. This is a judicial leadership function and therefore a matter for the Senior President. However, this is subject to the panel composition requirements set by the Lord Chancellor in an order under paragraph 15.
98.Paragraph 15 requires the Lord Chancellor to set requirements, on a jurisdiction by jurisdiction basis, for the number of judges and other members to decide particular appeals. This order is made by the Lord Chancellor to enable him to take account of resource implications, and to provide parliamentary scrutiny.