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(1) This Order may be cited as the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008 and shall come into force on 3rd November 2008.
(2) In this Order “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 whether or not they hold a licence to practise under that Act.
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(1) A person is eligible for appointment as a member of the First-tier Tribunal or the Upper Tribunal who is not a judge of those tribunals if paragraph (2), (3) or (4) applies.
(2) This paragraph applies to a person who is—
(a) a registered medical practitioner;
(b) a registered nurse;
(c) a registered dentist;
(ca) a registered optometrist;
(d) a clinical psychologist;
(e) an educational psychologist;
(f) a pharmacologist;
(g) a veterinary surgeon or a veterinary practitioner registered under the Veterinary Surgeons Act 1966 ;
(h) a Member or Fellow of the Royal Institution of Chartered Surveyors; or
(i) an accountant who is a member of—
(i) the Institute of Chartered Accountants in England and Wales;
(ii) the Institute of Chartered Accountants in Scotland;
(iii) the Institute of Chartered Accountants in Ireland;
(iv) the Institute of Certified Public Accountants in Ireland;
(v) the Association of Chartered Certified Accountants;
(vi) the Chartered Institute of Management Accountants; or
(vii) the Chartered Institute of Public Finance and Accountancy.
(3) This paragraph applies to a person, ... who is experienced in dealing with the physical or mental needs of disabled persons because they—
(a) work with disabled persons in a professional or voluntary capacity; or
(b) are themselves disabled.
(3A) A person is not eligible for appointment under paragraph (3) if they are a registered medical practitioner.
(4) This paragraph applies to a person who has substantial experience—
(a) of service in Her Majesty's naval, military, or air forces;
(b) of educational, child care, health, or social care matters;
(c) of dealing with victims of violent crime;
(d) in transport operations and its law and practice;
(e) in the regulatory field;
(f) in consumer affairs;
(g) in an industry, trade or business sector and the matters that are likely to arise as issues in the course of disputes with regulators of such industries, trades or businesses;
(h) in tax matters and related tax procedures;
(i) in a business, trade, charity or not-for-profit organisation.
(j) in immigration services or the law and procedure relating to immigration;
(k) of data protection;
(l) of freedom of information (including environmental information) rights;
(m) of service as a Member or Senior Officer of a local authority in England.
(n) in environmental matters;
(o) in the drainage of land;
(p) in farming and the ownership or management of agricultural property;
(q) in relation to housing or housing conditions;
(r) in matters relating to landlord and tenant relationships;
(s) in valuation
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
I concur,
Robert Carnwath
Senior President of Tribunals
