Sch 5 para 22
(1) The Lord Chief Justice of England and Wales must appoint— (a) one of the judges of the First-tier Tribunal, (b) one of the judges of the Upper Tribunal, ... (c) one person who is a member of the First-tier Tribunal, or is a member of the Upper Tribunal, but is not a judge of the First-tier Tribunal and is not a judge of the Upper Tribunal , and (d) one person who is a judge, or other member, of the Employment Appeal Tribunal or a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges). (2) Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.