Immigration Act 1971

Section 12.

SCHEDULE 5U.K. The Adjudicators and the Tribunal

Modifications etc. (not altering text)

Part IU.K. The Adjudicators

1There shall be such number of adjudicators as the [F1Lord Chancellor] may with the consent of [F2the Treasury] determine, and the [F1Lord Chancellor] shall appoint one of them as chief adjudicator.

Textual Amendments

F1Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F2Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C2Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

2(1)An adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(2)An adjudicator may at any time by notice in writing to the [F3Lord Chancellor] resign his office.

Textual Amendments

F3Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

Modifications etc. (not altering text)

C3Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

3The [F4Lord Chancellor] shall pay—

(a)to the adjudicators, such remuneration and allowances as he may, with the approval of [F5the Treasury], determine;

(b)as regards any of the adjudicators in whose case he may so determine with the approval of [F5the Treasury], such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be an adjudicator and it appears to the [F4Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F4Lord Chancellor] may, with the approval of [F5the Treasury], pay to that person a sum of such amount as the [F4Lord Chancellor] may, with the approval of [F5the Treasury], determine.

Textual Amendments

F4Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F5Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C4Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

4

Textual Amendments

5The adjudicators shall sit at such times and in such places as the [F7Lord Chancellor] may direct; and the chief adjudicator shall allocate duties among the adjudicators and have such other functions as may be conferred on him by the [F7Lord Chancellor].

Textual Amendments

F7Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

Modifications etc. (not altering text)

C5Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

C6Sch. 5 para. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2, para. 4(4); S.I. 1993/1655, art.2

Sch. 5 para. 5 amended (26.7.1996) by 1996 c. 49, s. 3(5); S.I. 1996/2053, art. 2, Sch. Pt.I

Part IIU.K. The Tribunal

MembersU.K.

6The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.

7The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be

[F8(a)persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b)advocates or solicitors in Scotland of a least 7 years’ standing; or

(c)members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of a least 7 years’ standing.]

Textual Amendments

8(1)A member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(2)Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office.

9The [F9Lord Chancellor] shall pay—

(a)to the members of the Tribunal, such remuneration and allowances as he may, with the approval of [F10the Treasury], determine;

(b)as regards any member in whose case he may so determine with the approval of [F10the Treasury], such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be a member of the Tribunal and it appears to the [F9Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F9Lord Chancellor] may, with the approval of [F10the Treasury], pay to that person a sum of such amount as the [F9Lord Chancellor] may, with the approval of [F10the Treasury], determine.

Textual Amendments

F9Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F10Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C7Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

10

Textual Amendments

ProceedingsU.K.

11For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions.

12Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.

13The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act.

14The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal.

Part IIIU.K. Staff and Expenses

15The [F12Lord Chancellor] may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of [F13the Treasury] as to remuneration and numbers, determine.

Textual Amendments

F12Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F13Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C8Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor

16The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the [F14Lord Chancellor] may with the approval of [F15the Treasury] determine, shall be defrayed by the [F14Lord Chancellor].

Textual Amendments

F14Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F15Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C9Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor