Immigration Act 1971

Section 12.

SCHEDULE 5 U.K. The Adjudicators and the Tribunal

Modifications etc. (not altering text)

C1 Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art.2

Sch. 5 amended (1.9.1996) by 1996 c. 49, s. 3(4)(f); S.I. 1996/2053, art. 2, Sch. Pt.II

Part I U.K. The Adjudicators

1 There shall be such number of adjudicators as the [F1 Lord Chancellor] may with the consent of [F2 the Treasury] determine, and the [F1 Lord Chancellor] shall appoint one of them as chief adjudicator.

Textual Amendments

F1 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F2 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C2 Sch. 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) [F3 Subject to the following provisions of this paragraph]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 [F4 Lord Chancellor] resign his office.

[F5 (3) An adjudicator shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

Textual Amendments

F3 Words in Sch. 5 Pt I para. 2(1) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.38; S.I. 1995/631, art.2

F4 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F5 Sch. 5 Pt I para. 2(3) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.38; S.I. 1995/631, art.2

Modifications etc. (not altering text)

C3 Sch. 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

3 [F6 (1)] The [F7 Lord Chancellor] shall pay—

(a) to the adjudicators, such remuneration and allowances as he may, with the approval of [F8 the Treasury], determine;

(b) as regards any of the adjudicators in whose case he may so determine with the approval of [F8 the 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 [F7 Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F7 Lord Chancellor] may, with the approval of [F8 the Treasury], pay to that person a sum of such amount as the [F7 Lord Chancellor] may, with the approval of [F8 the Treasury], determine.

[F9 (2) Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]

Textual Amendments

F6 Sch. 5, para 3(1) numbered (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2

F7 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F8 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

F9 Sch. 5, para. 3(2) added (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2

Modifications etc. (not altering text)

C4 Sch. 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

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

4

Textual Amendments

F10 Sch. 5 paras. 4, 10 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

5 The adjudicators shall sit at such times and in such places as the [F11 Lord 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 [F11 Lord Chancellor].

Textual Amendments

F11 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

Modifications etc. (not altering text)

C5 Sch. 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

C6 Sch. 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 II U.K. The Tribunal

Members U.K.

6 The 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.

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

[F12 (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

F12 Sch. 5 para. 7(a)–(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF:37), s. 71(2), Sch. 10, para. 34

8 (1) [F13 Subject to the following provisions of this paragraph]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.

[F14 (3) A member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

Textual Amendments

F13 Words in Sch. 5 Pt. II para. 8(1) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.37; S.I. 1995/631, art.2

F14 Sch. 5 Pt. II para. 8(3) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para37; S.I. 1995/631, art.2

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.

9 [F15 (1)]The [F16 Lord Chancellor] shall pay—

(a) to the members of the Tribunal, such remuneration and allowances as he may, with the approval of [F17 the Treasury], determine;

(b) as regards any member in whose case he may so determine with the approval of [F17 the 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 [F16 Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F16 Lord Chancellor] may, with the approval of [F17 the Treasury], pay to that person a sum of such amount as the [F16 Lord Chancellor] may, with the approval of [F17 the Treasury], determine.

[F18 (2) Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]

Textual Amendments

F15 Sch. 3 para. 9(1) numbered (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2

F16 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F17 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

F18 Sch. 3 para. 9(2) added (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2

Modifications etc. (not altering text)

C7 Sch. 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

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

10

Textual Amendments

F19 Sch. 5 paras. 4, 10 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

Proceedings U.K.

11 For 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.

12 Subject 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.

13 The 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.

14 The 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 III U.K. Staff and Expenses

15 The [F20 Lord Chancellor] may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of [F21 the Treasury] as to remuneration and numbers, determine.

Textual Amendments

F20 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F21 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C8 Sch. 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

16 The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the [F22 Lord Chancellor] may with the approval of [F23 the Treasury] determine, shall be defrayed by the [F22 Lord Chancellor].

Textual Amendments

F22 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F23 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

Modifications etc. (not altering text)

C9 Sch. 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