Misuse of Drugs Act 1971

1 (1) A tribunal shall consist of five persons of whom— U.K.

(a) one shall be

[F1 (i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;]

[F2 (ii) an advocate or solicitor in Scotland of at least [F3 5] years’ standing; or

(iii) a member of the Bar of Northern Ireland or [F4 solicitor of the Court of Judicature of Northern Ireland] of at least [F5 5] years’ standing,]

appointed by the Lord Chancellor to be the chairman of the tribunal; and

(b) the other four shall be persons appointed by the Secretary of State from among members of the respondent’s profession nominated for the purposes of this Schedule by any of the relevant bodies mentioned in sub-paragraph (2) below.

(2) The relevant bodies aforesaid are—

(a) where the respondent is a doctor, the General Medical Council, the Royal Colleges of Physicians of London and Edinburgh, the Royal Colleges of Surgeons of England and Edinburgh, the Royal College of Physicians and Surgeons (Glasgow), the Royal College of Obstetricians and Gynaecologists, the Royal College of General Practitioners, the Royal Medico-Psychological Association and the British Medical Association;

(b) where the respondent is a dentist, the General Dental Council and the British Dental Association;

(c) where the respondent is a veterinary practitioner or veterinary surgeon, the Royal College of Veterinary Surgeons and the British Veterinary Association.

[F6 (2A) The chairman of a tribunal shall vacate his office on the day on which he attains the age of [F7 75].]

(3) Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted as reference to the Lord President of the Court of Session.

Textual Amendments

F1 Sch. 3 para. 1(1)(a)(i) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 10(2); S.I. 2008/1653, art. 2(d) (with arts. 3 4)

F2 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 33

F3 Word in Sch. 3 para. 1(1)(a)(ii) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 10(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F4 Words in Sch. 3 para. 1(1)(a)(iii) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)

F5 Word in Sch. 3 para. 1(1)(a)(iii) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 10(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F6 Sch. 3 Pt. I para. 1(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 42(2) (with sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

F7 Word in Sch. 3 para. 1(2A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 12(2) (with Sch. 1 para. 43)

Modifications etc. (not altering text)

C1 Sch. 3 para. 1(1)(b): Functions transferred (S.) (1.7.1999) by virtue of S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)