Reserve Forces (Safeguard of Employment) Act 1985

SCHEDULE 2 U.K. Reinstatement Committees and Umpires

1 U.K. The Secretary of State shall appoint such number of committees (“Reinstatement Committees”) as he may decide for the determination of the questions and the making of the orders specified in section 8.

2 F1 [( 1 )] Every Reinstatement Committee shall consist of— U.K.

(a) a chairman selected by the Secretary of State from a panel of persons appointed by the Lord Chancellor, and

(b) one person selected by the Secretary of State from a panel constituted by him for the purposes of this provision of persons chosen to represent employers, and

(c) one person selected by the Secretary of State from a panel so constituted of persons chosen to represent employed persons,

but where a Reinstatement Committee sits in Scotland the panel of persons referred to in paragraph (a) shall be appointed by the Lord President of the Court of Session, and in Northern Ireland, by the [F2 Lord Chancellor].

F3 [( 2 ) A member of the panel of persons referred to in sub-paragraph (1)(a) shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is 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 seventy-five years).]

Textual Amendments

F1 Sch. 2 para. 2 renumbered (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para. 60 (with Sch. 7 paras. 2(2) , 3(2) , 4 ); S.I. 1995/631 , art. 2

F2 Words in Sch. 2 para. 2 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 178(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F3 Sch. 2 para. 2(2) added (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para.60 (with Sch. 7 paras. 2(2) , 3(2) , 4 ); S.I. 1995/631 , art. 2

3 U.K. The Secretary of State may appoint such number of persons as he thinks fit as assessors to be available to Reinstatement Committees.

4 U.K. Those assessors shall be persons who in the Secretary of State’s opinion have expert knowledge to any matters which are likely to fall to be considered by those committees in the exercise of their jurisdiction under this Act; but an assessor shall not vote or otherwise be a party to any determination or order of a Reinstatement Committee.

5 U.K. For the purpose of hearing appeals from Reinstatement Committees under section 9, Her Majesty may appoint an umpire and one or more deputy umpires; and a person shall not be qualified to be so appointed [F4 unless—

[F5 (a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;]

(b) he is an advocate or solicitor in Scotland of at least [F6 7] years’ standing; or

(c) he is a member of the Bar of Northern Ireland or [F7 solicitor of the Court of Judicature of Northern Ireland] of at least [F8 7] years’ standing.]

Textual Amendments

F4 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37) s. 71(2), Sch. 10 para. 59

F5 Sch. 2 para. 5(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 16(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F6 Word in Sch. 2 para. 5(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 16(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F7 Words in Act 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)

F8 Word in Sch. 2 para. 5(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 16(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

6 U.K. The Secretary of State may pay—

(a) to members of Reinstatement Committees, to the umpire and the deputy umpires, to persons appointed to sit as assessors and to any of his officers and servants employed for the purposes of this Act, such remuneration and allowances as he may, with the Treasury’s approval, determine;

(b) to persons attending as parties or witnesses before Reinstatement Committees or the umpire or any deputy umpire, allowances in accordance with such scales as he may, with the Treasury’s approval, determine.