SCHEDULES
SCHEDULE 12The Judicial Appointments Commission
Part 1The Commissioners
Term of office etc. of Commissioners
12
1
A Commissioner must be appointed for a fixed period.
2
But an appointment is subject to paragraphs 13 to 15.
F213
1
The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the periods for which a Commissioner may be appointed or hold office.
2
Regulations under this paragraph may (in particular) make provision about—
a
the number of times a person may be appointed as a Commissioner;
b
the length of any particular appointment;
c
the total length of a person's appointments or the total period for which a person may hold office as a Commissioner.
14
F31
The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice—
a
provide for a Commissioner to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner;
b
provide for a Commissioner other than the chairman to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner of a particular description;
c
provide for the chairman—
i
to cease to be the chairman without ceasing to be a Commissioner, or
ii
to cease to be the chairman and cease to be a Commissioner,
on ceasing, or on ceasing for a particular reason, to be eligible for appointment as the chairman;
d
confer power to disapply or suspend the operation of provision under paragraph (a), (b) or (c) in individual cases.
4
A Commissioner ceases to be a Commissioner if he becomes employed in the civil service of the State.
15
1
A Commissioner may at any time—
a
resign his office by notice in writing addressed to Her Majesty;
b
be removed from office by Her Majesty on the recommendation of the Lord Chancellor.
2
The Lord Chancellor may not under sub-paragraph (1) recommend that a Commissioner be removed from office unless he is satisfied that the Commissioner—
a
has failed without reasonable excuse to discharge the functions of his office for a continuous period of at least six months,
b
has been convicted of an offence,
c
is an undischarged bankrupt F1or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or
d
is otherwise unfit to hold his office or unable to discharge its functions.
3
A recommendation on the ground mentioned in sub-paragraph (2)(a) may not be made more than 3 months after the end of the period mentioned there.