(1) This Order may be cited as the Judicial Appointments Order 2008.
(2) This Order shall come into force—
(a) for the purposes of article 7(b), on 30th November 2010; and
(b) for all other purposes five days after the day on which it is made.
Specified date: 22 November 2008: see para (2)(b) above.
In this Order—
“the 1998 Act” means the Social Security Act 1998;
“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
“registered patent agent” has the meaning assigned to it by the Register of Patent Agents Rules 1990;
“registered trade mark agent” has the meaning assigned to it by the Register of Trade Mark Agents Rules 1990.
Specified date: 22 November 2008: see art 1(2)(b).
For the purposes of section 7(2)(a) of the 1998 Act—
(a) the specified qualification is that the person is a Fellow of the Institute of Legal Executives; and
(b) a person shall be taken first to become a Fellow of the Institute of Legal Executives when the person is admitted or enrolled as a Fellow of the Institute of Legal Executives.
Specified date: 22 November 2008: see art 1(2)(b).
Articles 5 and 6 are subject to articles 7 and 8.
Specified date: 22 November 2008: see art 1(2)(b).
For the purposes of section 50(2) and (3) of the 2007 Act, a person holds a relevant qualification if the person is—
(a) a Fellow of the Institute of Legal Executives;
(b) a registered patent agent; or
(c) a registered trade mark agent.
Specified date: 22 November 2008: see art 1(2)(b).
For the purposes of section 50 of the 2007 Act, a person shall be taken first to become—
(a) a Fellow of the Institute of Legal Executives when the person is admitted or enrolled as a Fellow of the Institute of Legal Executives;
(b) a registered patent agent when the person's name is entered on the register of patent agents in accordance with the Register of Patent Agents Rules 1990; or
(c) a registered trade mark agent when the person's name is entered on the register of trade mark agents in accordance with the Register of Trade Mark Agents Rules 1990.
Specified date: 22 November 2008: see art 1(2)(b).
A person who is a Fellow of the Institute of Legal Executives holds a relevant qualification for the purposes of section 50(2) and (3) of the 2007 Act in relation to the offices specified in—
(a) Part 1 of Schedule 1 to this Order; and
(b) Part 2 of Schedule 1 to this Order.
Para (a): Specified date: 22 November 2008: see art 1(2)(b).
Para (b): Specified date: 30 November 2010: see art 1(2)(a).
A person who is a registered patent agent or a registered trade mark agent holds a relevant qualification for the purposes of section 50(2) and (3) of the 2007 Act in relation to the offices specified in Schedule 2 to this Order.
Specified date: 22 November 2008: see art 1(2)(b).
Jack Straw
Lord Chancellor
17th November 2008
Chairman or Deputy Chairman of the Copyright Tribunal appointed under section 145(2) of the Copyright, Designs and Patents Act 1988,
Appointed person within the meaning of section 77(1) of the Trade Marks Act 1994.
Specified date: 22 November 2008: see art 1(2)(b).
This Order provides that Fellows of ILEX (Institute of Legal Executives) are eligible to be members of an appeal tribunal for the purposes of section 7 of the Social Security Act 1998.
This Order provides that Fellows of ILEX, registered patent agents and registered trade mark agents each hold a relevant qualification in relation to the judicial-appointment eligibility condition for the purposes of section 50 of the Tribunals, Courts and Enforcement Act 2007 (c 15) and in relation to the offices specified in Schedule 1 (Fellows of ILEX) and Schedule 2 (registered patent agents and registered trade mark agents).
