Welsh Language (Wales) Measure 2011

PART 2 APPOINTMENT

The President

3 (1) The Welsh Ministers may appoint a person to be President only if the person satisfies—

(a) the judicial-appointment eligibility condition on a 10-year basis, and

(b) any other conditions applicable to the appointment that are specified in appointment regulations.

(2) But the Welsh Ministers may not appoint a person to be President if the person is—

(a) disqualified from membership of the Tribunal on grounds of employment or unsuitability, or

(b) disqualified from appointment as President on grounds of age, previous appointment or previous dismissal.

(3) Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 10-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).

Legally-qualified members

4 (1) The Welsh Ministers may appoint a person to be a legally-qualified member only if the person satisfies—

(a) the judicial-appointment eligibility condition on a 5-year basis,

(b) any other conditions applicable to the appointment that are specified in appointment regulations.

(2) But the Welsh Ministers may not appoint a person to be a legally-qualified member if the person is—

(a) disqualified from membership of the Tribunal on grounds of employment or unsuitability, or

(b) disqualified from appointment as a legally-qualified member on grounds of age, previous appointment or previous dismissal.

(3) Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 5-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).

Lay members

5 (1) The Welsh Ministers may appoint a person to be a lay member only if the person satisfies any conditions applicable to the appointment that are specified in appointment regulations.

(2) But the Welsh Ministers may not appoint a person to be a lay member if the person—

(a) is disqualified from membership of the Tribunal on grounds of employment or unsuitability,

(b) is disqualified from appointment as a lay member on grounds of age, previous appointment or previous dismissal, or

(c) may be appointed as a legally-qualified member of the Tribunal.

Remuneration etc

6 (1) The Welsh Ministers may pay remuneration to the members of the Tribunal.

(2) The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the members of the Tribunal.

(3) The Welsh Ministers may pay—

(a) pensions to, or in respect of, persons who have been members of the Tribunal, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Tribunal.

Terms of appointment

7 (1) A member of the Tribunal holds office subject to the terms of his or her appointment.

(2) But that is subject to the other provisions of this Schedule.

Duration of appointment

8 (1) A person appointed to be a member of the Tribunal is a member (by virtue of that appointment) for 5 years.

(2) But, if the Welsh Ministers think it necessary or expedient, they may appoint a person to be a legally-qualified or lay member of the Tribunal for a period of less than 5 years.

(3) This paragraph is subject to Part 3 of this Schedule.

Appointment regulations

9 (1) The Welsh Ministers may, by regulations, make provision about the appointment of members of the Tribunal (“appointment regulations”).

(2) Appointment regulations may, amongst other things, make provision about any of the following matters—

(a) principles to be followed in making any appointment to the Tribunal;

(b) the knowledge of, and proficiency in, the Welsh language which the members of the Tribunal must have.

(3) Appointment regulations may, amongst other things—

(a) apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or

(b) make other provision relating to any such code.

(4) Appointment regulations may, amongst other things, confer functions on the Welsh Ministers (as well as on any other person), including functions involving the exercise of a discretion.