Child Support Act 1991

The chairmen E+W+S

3 (1) The chairman of a child support appeal tribunal shall be nominated by the President. E+W+S

(2) The President may nominate himself or a person drawn—

(a) from the appropriate panel appointed by the Lord Chancellor, or (as the case may be) the Lord President of the Court of Session, under section 7 of the M1 Tribunals and Inquiries Act 1971;

(b) from among those appointed under paragraph 4; or

(c) from among those appointed F1 . . . to act as full-time chairmen of social security appeal tribunals.

(3) Subject to any regulations made by the Lord Chancellor, no person shall be nominated as a chairman of a child support appeal tribunal by virtue of sub-paragraph (2)(a) unless he has a 5 year general qualification or is an advocate or solicitor in Scotland of 5 years’ standing.

Textual Amendments

F1 Words in Sch. 3 para. 3(2)(c) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 3(1), 7(2), Sch.1 (subject as mentioned (6.3.1992) in Local Government Finance Act 1992 (c. 14), s. 118(5)(7) (with s. 118(1)(2)(4))).

Commencement Information

I1 Sch. 3 para. 3 wholly in force; para. 3 not in force at Royal Assent see s. 58(2); para. 3(3) in force at 17.6.1992 by S.I. 1992/1431, art. 2, Sch.; para. 3 in force in so far as not already in force at 1.9.1992 by S.I. 1992/1938, art. 2

Marginal Citations

M1 1971 c. 62.

4 (1) The Lord Chancellor may appoint regional and other full-time chairmen for child support appeal tribunals. E+W+S

(2) A person is qualified to be appointed as a full-time chairman if he has a 7 year general qualification or is an advocate or solicitor in Scotland of 7 years’ standing.

(3) A person appointed to act as a full-time chairman shall hold and vacate office in accordance with the terms of his appointment, except that he must vacate his office [F2 on the date on which he reaches the age of 70; 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 75)].

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person appointed as a full-time chairman may be removed from office by the Lord Chancellor, on the ground of misbehaviour or incapacity.

(6) Section 75 of the M2 Courts and Legal Services Act 1990 (judges etc. barred from legal practice) shall apply to any person appointed as a full-time chairman under this Schedule as it applies to any person holding as a full-time appointment any of the offices listed in Schedule 11 to that Act.

(7) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of persons appointed as full-time chairmen under this paragraph as, with the consent of the Treasury, he may determine.

[F4 (8) Sub-paragraph (7), so far as relating to pensions, allowances or gratuities, shall not have effect in relation to any 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

F2 Words in Sch. 3 para. 4(3) substituted (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(1)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

F3 Sch. 3 para. 4(4) repealed (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 6 para. 23(1)(b), Sch. 9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

F4 Sch. 3 para. 4(8) added (31.3.1995) by Judicial Pensions and Retirement Act 1993 (c. 8), s. 31(2), Sch. 8 para. 21(1); S.I. 1995/631, art. 2

Marginal Citations

M2 1990 c. 41.