The Judicial Appointments Commission (Amendment) Regulations 2025

Published: Tue 16th Dec 25 Came into force: Wed 17th Dec 25

Department: Ministry of Justice
Made under: Constitutional Reform Act 2005

The Judicial Appointments Commission Regulations 2013 were amended to increase the Commission's membership from 15 to 16, adjust lawyer member qualification requirements, and update the eligibility criteria for the senior tribunal office-holder member seat.

These Regulations, made by the Lord Chancellor with the agreement of the Lady Chief Justice and approved by Parliament, amend the Judicial Appointments Commission Regulations 2013 by increasing the total number of members of the Judicial Appointments Commission from 15 to 16, establishing new rules for the professional qualifications of the lawyer members, and expanding the list of offices that qualify a person to be the senior tribunal office-holder member.

Arguments For

Increasing the total number of Commissioners from 15 to 16 provides greater capacity or diversity within the commission responsible for judicial appointments.
Expanding the definition of eligible senior tribunal office-holder members broadens the pool of candidates suitable for that specific commission seat, potentially enhancing expertise represented.
Adjusting the composition requirements for lawyer members ensures specific legal qualifications (Barrister, Solicitor, CILEx) are maintained within the expanded membership structure.

Arguments Against

Any change to the composition of a judicial appointments body requires justification regarding efficiency and impartiality, and the specific reasons for adding one member are not detailed.
Reallocating roles or increasing numbers may introduce minor administrative overhead during the transition to the new composition structure.
While adding Tribunal members increases eligibility, it potentially alters the balance between members drawn from the judiciary versus legally qualified or lay members.

The Lord Chancellor makes these Regulations in exercise of the powers conferred by paragraphs 1(b), 3B and 3C of Schedule 12 to the Constitutional Reform Act 2005.

The Lady Chief Justice agrees to the making of these Regulations in accordance with paragraphs 1(b), 3B and 3C of Schedule 12 to the Constitutional Reform Act 2005.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 144(4) and (5)(e) of the Constitutional Reform Act 2005.

The Lord Chancellor enacted these Regulations using powers granted under Schedule 12 of the Constitutional Reform Act 2005, specifically paragraphs 1(b), 3B, and 3C. The Lady Chief Justice formally consented to the creation of these rules.

Furthermore, a draft of this instrument was presented to, and received approval from, both Houses of Parliament through a resolution, as required by section 144 of the Constitutional Reform Act 2005.

Citation, commencement and extent1.

These Regulations—

(a)

may be cited as the Judicial Appointments Commission (Amendment) Regulations 2025;

(b)

come into force on the day after the day on which they are made;

(c)

extend to England and Wales, Scotland and Northern Ireland.

These Regulations are officially named the Judicial Appointments Commission (Amendment) Regulations 2025.

They take effect the day after they are officially made.

The scope of these Regulations covers England, Wales, Scotland, and Northern Ireland.

Amendment of the Judicial Appointments Commission Regulations 20132.

(1)

The Judicial Appointments Commission Regulations 2013 are amended as follows.

This article specifies that the document amends the existing Judicial Appointments Commission Regulations 2013.

All subsequent provisions detail the exact nature of these legislative changes.

(2)

In regulation 3, for the number “15” substitute “16”.

In Regulation 3 of the 2013 Regulations, the number 15 is replaced with the number 16.

This action increases the total statutory number of Commissioners on the Judicial Appointments Commission by one.

(3)

In regulation 4—

(a)

in regulation 4(1), for the number “14” substitute “15”;

(b)

in regulation 4(1)(c), for the number “2” substitute “3”;

(c)

in regulation 4(4), for the number “2” substitute “3”;

(d)

for regulation 4(4)(b) substitute—

(b)
but they must each hold a different qualification.”.

Regulation 4 of the principal regulations is modified in several ways.

The total number of persons holding judicial office serving as Commissioners is increased from 14 to 15 in paragraph (1).

Paragraph (1)(c) changes a count from 2 to 3.

Similarly, in paragraph (4), the number 2 is substituted with 3.

Finally, paragraph (4)(b) is replaced entirely to mandate that the new specified group of lawyer members must each possess a distinct legal qualification.

(4)

In regulation 5—

(a)

after paragraph (c) insert—

(ca)
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 5(5) to (7) of Schedule 4 to that Act;
(cb)
other member of the Upper Tribunal, who holds that position on a salaried basis, appointed under paragraph 2 of Schedule 3 to that Act, or transferred-in (see section 31(2) of that Act);”;

(b)

after paragraph (e), insert—

(f)
judge of the Employment Appeal Tribunal nominated under section 22(1)(a) of the Employment Tribunals Act 1996 who is a judge within section 22(2A)(c), (d), (i) or (j) of that Act.”.

Regulation 5, which specifies what offices qualify a person as a senior tribunal office-holder member, is modified.

New categories are inserted after paragraph (c).

These new categories include a Deputy Chamber President of the First-tier or Upper Tribunal, provided they were appointed under specific provisions of the Tribunals, Courts and Enforcement Act 2007, excluding those appointed under paragraphs 5(5) to (5)(7).

Another added category covers a salaried member of the Upper Tribunal appointed under Schedule 3 of the same Act, including those transferred in.

Text after paragraph (e) adds a new category (f), concerning nominated judges of the Employment Appeal Tribunal under specified sections of the Employment Tribunals Act 1996.

Explanatory Memorandum PDF View Source

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