[F127BPersons appointed to hear and determine appealsU.K.
(1)A person is not eligible for appointment under section 27A(1)(a) unless the person—
(a)satisfies the judicial-appointment eligibility condition on a 5-year basis,
(b)is an advocate or solicitor in Scotland of at least 5 years' standing,
(c)is a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 5 years' standing, or
(d)has held judicial office.
(2)An appointed person must hold and vacate office in accordance with his terms of appointment, subject to subsections (3) to (5).
(3)An appointed person is to be paid such remuneration (whether by way of salary or fees) and such allowances as the Secretary of State may with the approval of the Treasury decide.
(4)An appointed person may resign office by notice in writing to the Lord Chancellor.
(5)The Lord Chancellor may by notice in writing remove an appointed person (“A”) from office if—
(a)A has become bankrupt or made an arrangement with A's creditors or, in Scotland, A's estate has been sequestrated or A has executed a trust deed for A's creditors or entered into a composition contract,
(b)A is incapacitated by physical or mental illness, or
(c)A is, in the opinion of the Lord Chancellor, otherwise unable or unfit to perform A's duties as an appointed person.
(6)Before exercising a power under section 27A or this section, the Lord Chancellor must consult the Secretary of State.
(7)The Lord Chancellor may remove a person from office under subsection (5) only with the concurrence of the appropriate senior judge.
(8)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a)the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b)the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.]
Textual Amendments
F1Ss. 27A, 27B inserted (15.7.2014 for specified purposes, 6.4.2015 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 10(2), 24(1); S.I. 2014/1715, art. 3; S.I. 2015/165, art. 3