england-and-wales court judge interpretation tribunal-procedure
What is the effect of FTT judges also “being” county court judges by virtue of s5(2)(t) CCA1984?
<p>Under <a href="https://www.legislation.gov.uk/ukpga/1984/28/section/5?timeline=false" rel="nofollow noreferrer">section 5(2)(t)</a>, County Courts Act 1984, judges of the tribunals are stated to be also judges of the county court. What does this mean in terms of effects? What consequential implications does this provision have, and how/when may it be invoked?</p>

<p>Flexibility.</p>
<p>When the Crime and Courts Act 2013 ammended the 1984 Act to replace the various district County Courts with the singular County Court, section 5 was also ammended to establish who can sit in this new court structure.</p>
<p>The Home Office and Ministry of Justice <a href="https://www.legislation.gov.uk/ukpga/2013/22/notes/division/5/2/2/1" rel="nofollow noreferrer">Explanatory Notes</a> for which say:</p>
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<p>Paragraph 4 [<em>Schedule 9, Crime and Courts Act 2013</em>] substitutes for section 5 of the 1984 Act, which makes provision in respect of those judges (other than district judges) who may sit in the county courts, a new section 5. While, in practice, Circuit judges and district judges will remain the principal judges of the county court, the effect of this amendment and, in particular, <strong>subsection (2) of the new section 5, will be to enable a wider range of other judges to sit, on a flexible basis, in the single county court as “judges of the county court”.</strong></p>
</blockquote>
