The Judicial Appointments Commission (JAC) now invites applications for Senior Chair for the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal.
Location: Successful candidates will be expected to travel as necessary between both London and Leeds
Launch date: 13:00 on 26 June 2019
Closing date: 13:00 on 10 July 2019
Number of vacancies: 1 (immediate appointment)
Fee: £588.87 a day
Overview of the role
The purpose of this office is to be one of a Senior Chair for an Appeals Tribunal set up to hear appeals under The Health Service Medicines (Price Control Appeals) Regulations 2000 (Appeals Regulations). These Regulations were made in accordance with sections 265(5) and (5A) of the NHS Act 2006.
The Appeals Regulations confer on manufacturers and suppliers a right of appeal against enforcement decisions taken in respect of them in pursuance of sections 260 to 264A and 265 of the NHS Act 2006. Further detail is set out in the purpose and context section. They also set out how the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal (Appeals Tribunal) must be established and subsequently be operated.
The Senior Tribunal Chair will be responsible for the overall judicial administration of the Appeals Tribunal, and will provide leadership to the Panel of Tribunal Chairmen and the other members of the Tribunal. They will also ensure that procedural consistency and high standards in decision making and efficiency is achieved in the running of the Appeals Tribunal.
Terms and Conditions
Location and jurisdiction
The Tribunal covers England, Wales, Scotland and Northern Ireland. Successful candidates should be flexible and be willing to travel to various hearing venues as and when required to meet the business need. These locations will be, as far as possible, near to candidates’ homes and offices but on occasion they may be required to sit further afield.
To be considered for appointment to this post, you must meet the eligibility requirements on statutory eligibility, reasonable length of service and citizenship. As we will not be assessing eligibility until after the shortlisting stage, it is your responsibility, and in your own interest, to ensure that you meet the eligibility requirements before submitting an application.
Senior Chair of the Tribunal are appointed by the Lord Chancellor under paragraph 7 of The Health Service Medicines (Price Control Appeals) Regulations 2000, as amended by the Health Service Medicines (Price Control Penalties and Price Control Appeals Amendment) Regulations 2018.
To be eligible for appointment, you must meet the following requirements:
(2) Appointments shall be made–
(a) from persons in England and Wales who have a seven year general qualification within the meaning of section 71 of the Courts And Legal Services Act 1990, and
(b) from solicitors or advocates of at least seven years standing in Scotland or Northern Ireland.”
References to a right of audience are references to a right of audience exercisable by virtue of an authorisation given by a relevant approved regulator. In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007 (Courts And Legal Services Act 1990 s71(4) and s71(6A)).
To meet the statutory qualifications for appointment, a solicitor must appear on the Roll.
Reasonable length of service
There is no upper or lower age limit for candidates apart from the statutory retirement age of 70. However, the age at which someone is authorised to act as a Senior Chair should allow for a reasonable length of service. For this position it is 5 years before retirement.
The JAC will decide whether a candidate will be able to provide a reasonable length of service.
Candidates who already hold judicial appointment and were first appointed before March 1995, may have a preserved retirement age of 72. This includes candidates first appointed to a judicial office listed in Schedule 7 to the Judicial Pensions and Retirement Act 1993. Such candidates should inform the JAC about their retirement age.
At the time of application, candidates must be either a:
- UK citizen
- citizen of another Commonwealth country
- citizen of the Republic of Ireland
Other European Union citizens are not eligible to apply.
Open for applications: 13:00 on 26 June 2019
Close for applications: 13:00 on 10 July 2019
Qualifying test preparation material and instructions sent to candidates: 18 July 2019
Online qualifying test: 07:00- 19:00 on 25 July 2019
Outcome of online qualifying test issued to candidates: mid August 2019
Independent assessments requested: 19 August 2019
Deadline for the receipt of independent assessments: 06 September 2019
Outcome of shortlisting & invitations for selection day issued: mid October 2019
Selection days: 21 - 25 October 2019
Outcome of selection process expected by: early January 2020
Completing your application
This competition will open for applications at 13:00 on 26 June 2019 and close at 13:00 on 10 July 2019.
In the interest of fairness to all candidates, late applications will not be accepted unless agreed with the selection exercise manager in advance of the application deadline and will only be considered in exceptional circumstances.
Applications must be submitted on the JAC’s online application system which will be accessible by selecting the ‘Apply’ button on the competition homepage once the exercise launches. After selecting ‘Apply’ select ‘log in to an existing account’ if you already have an account. If you do not already have an account select ‘Create new account’. Your online application plays an important part in the selection process. You must complete all required sections, ensuring the information you provide is clear and accurate.
Before making your application, you should first consider whether you are ready to apply for this role. You may wish to look at the Am I ready tools on the JAC website. Please also read the competency framework for the role and the job description. There are 6 competencies which list the behaviours of a Senior Chair for the Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal who is performing the role effectively.
Your online application plays an important part in the selection process. You must complete all required sections, ensuring the information you provide is clear and accurate.
The self-assessment section of the application is your opportunity to tell us about the experience and knowledge you have for the post. You must provide examples and evidence of why you feel your skills and experience are transferable to the post and why they will enable you to perform effectively in the role. You should link your examples to the competencies required for the post having regard to the job description. The self-assessment should not simply be a reiteration of your career history.
Guidance on completing the candidate self-assessment and choosing the best examples in your self-assessment
When applying, you will be required to submit contact details for your independent assessors. Please read the guidance about independent assessments before completing your application. Independent assessments will contribute to your overall assessment. They should provide evidence that you have the abilities relevant to the role as outlined in the relevant competency framework. Both of your assessors must, therefore, have sound and comprehensive knowledge of your work and one of your assessors should, ideally, be from your current employment.
When asked to provide details of your independent assessors you will see 4 boxes for the assessor details however you must only give details of 2 assessors. If you provide more than 2 we will only approach the first 2 listed.
Independent assessments should provide evidence that you demonstrate the competencies relevant to the role of a Senior Chair for The Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal. Both of your assessors must, therefore, have sound and comprehensive knowledge of your work and one of your assessors should, ideally, be from your current employment. Whether or not you already hold judicial office will determine the category or categories of assessors you must nominate as follows:
If you are a fee-paid judicial office holder, you will need to provide details of one judicial assessor and one professional assessor.
If you do not currently hold a judicial office, you will need to provide details of 2 professional assessors.
A professional assessor could be:
- a senior partner or head of chambers if you are a solicitor or barrister
- a client, magistrate or local authority official if you are a sole practitioner
- a judge who is able to provide an assessment of your professional role
If you are a judicial office holder, a judicial assessor could be:
- the senior judge of the tribunal, court, jurisdiction or circuit where you sit most often or your appraising judge
- the Lord Justice Clerk
You must ensure all of the details (name, title and email address) are correct for both of your assessors. All correspondence with your assessors will be by email; it is important that the information you provide is correct to avoid any delay in the JAC being able to contact your nominated assessors. Late independent assessments may not be considered; you are, therefore, advised to notify your assessors in advance that you intend to apply and inform them of the dates above of when we will be requesting the assessment.
Do not nominate the Lord Chancellor as an independent assessor as they are the Appropriate Authority. Nor should you nominate a JAC Commissioner. If you have any queries about who to nominate as your independent assessors please contact the JAC.
Stage 1: Online qualifying test
All applicants will be invited to participate in an online qualifying test and will receive qualifying test instructions on Tuesday 16 July 2019. If you have not received this email by noon on Thursday 18 July 2019 please contact the JAC immediately.
The online qualifying test will be on 25 July 2019 between the hours of 07:00 and 21:00.
The qualifying test will consist of 2 parts:
Part 1: Situational Judgement (45 minutes)
Part 2: Critical Analysis (45 minutes)
If you are unable to sit the tests on the dates specified above due to exceptional circumstances please email HSP134135@judicialappointments.gov.uk we will arrange for you to take the test on a later date (which will fall no more than a week after the original date).
All candidates should make the necessary arrangements to sit the test in a suitable and quiet environment ensuring consistent and reliable access to a stable internet connection.
Information about qualifying tests
Stage 2: Paper sift
If you are successful in the online qualifying test you, a sift panel consisting of a JAC panel chair and one judicial member will carry out a paper sift, taking into account the information contained within your application and independent assessments.
Information about sifts
If you are shortlisted you will be invited to attend a selection day which is scheduled to take place in London between 21 – 25 October 2019. Candidates will be asked to provide their availability at the application stage. We will not be able to offer an alternative selection day outside this period.
The selection day will comprise of situational questioning and a competencies-based interview where the selection panel will be seeking evidence from you against the competencies for the post. Situational questioning involves asking you what you would do in a specific situation, based on challenging, real-life scenarios. Further details of the situational questioning will be sent along with the selection day invitation letter.
Information about selection day, including interviews and role plays
Following the initial shortlisting stage in this exercise by way of an online test, the JAC will produce a feedback report analysing how candidates performed overall. This report will also include information on the method of marking, including guidance and information on the distribution of marks available to applicants.
This report will be published on the JAC website. The JAC cannot provide bespoke feedback for individual candidates at at this stage of shortlisting; please do not make a request as exceptions are not made.
If you are not successful following the paper sift shortlisting process, you can request written feedback by emailing HSP134135@judicialappointments.gov.uk. You should make this request within 6 weeks of the email informing you that you have not been successful. We will aim to respond to your request within 20 working days.
The JAC provides reasonable adjustments to ensure that candidates with disabilities are not placed at a substantial disadvantage. We will also consider making reasonable adjustments for those suffering from short-term injury or temporary illness. Details can be found in the JAC's reasonable adjustments policy. Candidates will have the option to outline their reasonable adjustment requirements in their JAC website account.
The JAC is required to carry out character checks on all candidates whom it intends to consider for appointment. This requires your signed consent.
You should be aware that the JAC expects all character matters to be declared. Any matter that has not been disclosed by you and is brought to the JAC’s attention through its independent checks will be treated as your non-declaration of a relevant matter. You will have no opportunity to make further representations on any declared issue once the matter is before the Selection and Character Committee.
The JAC considers that it is your responsibility to ensure that any record concerning your character is accurate. Details of the bodies with whom JAC will make independent character enquiries are set out in paragraph 11 of the Good Character Guidance and you may wish to contact your professional body to ensure all matters recorded are known to you.
On 4 August 2016 the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 came into effect. It allows for the full disclosure to the JAC of all spent cautions and convictions to assess good character. You must declare and disclose all past convictions and cautions, regardless of whether they are spent or unspent.
You must continue to update the character section of your JAC profile. You have a continuing responsibility to disclose any matter that may arise at any time before you are notified of the outcome of your application.
Failure to disclose any relevant matter is likely to have an adverse effect on your application.
Equal merit provision
In line with its published policy, the Commission will apply the equal merit provision to this exercise.If the Commission, sitting as the Selection and Character Committee, considers 2 or more candidates to be of equal merit, a candidate may be selected for the purpose of increasing judicial diversity. The Committee will use the provision based on the data declared by candidates in the diversity section of their online account.
The relevant datasets that will be used to identify any under-representation are taken from the 2011 Census, detailed characteristics, England and Wales (ONS 2012) and the diversity statistics showing the background of the Tribunals judiciary (as of 1 April 2018), based upon primary appointment, as published on the Judiciary website.
According to the most recent census data, as of 2018, 46% of tribunal judges identify as women and 11% of tribunal judges identify as being from a BAME background.
The Selection and Character Committee will consider which candidates to recommend to the Appropriate Authority as set out in the Judicial Appointments Regulations 2013.
In order to consider a recommendation, the Appropriate Authority may request any information that was available to the JAC in making its recommendation. You should be aware that any information you provide in your application or during the selection process could be passed onto the Appropriate Authority.
For this exercise the Appropriate Authority will be the Lord Chancellor who can accept or reject a recommendation or ask the Commission to reconsider. The Appropriate Authority may not select an alternative candidate.
Outcome of the exercise
The JAC will issue results by email to all those interviewed at the same time. We hope this will be by early January 2020 .
If you are not successful following the selection day, you can request written feedback. You should make this request within 6 weeks of the email informing you that you have not been successful. We will aim to respond to your request within 20 working days.
Training will be provided as required. The following seminars are available for successful candidates to attend for observation. Once appointed the Senior Chair will work with Department of Health and Social Care to determine which judge attends which seminar depending on experience.
Two places for each of the sessions have been reserved.
Judge as Communicator 9 to 10 January 2020
Business of Judging 12 to 13 March 2020
Candidates must ensure that they are available to attend training during this period; successful candidates will be advised of the exact dates of their training towards the final stages of the recruitment campaign.
If you have any questions about this role or your application, please contact a member of the selection exercise team:
Email enquiries: HSP134135@judicialappointments.gov.uk
Emaline Faucher: Selection Exercise Manager, 07562 433 992
Matt Hastings: Senior Selection Exercise Manager, 07784275268