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Employment Tribunals Act 1996
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Employment Tribunals Act 1996, Section 25 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 25:
- s. 7A(2F) inserted by 2022 c. 35 Sch. 4 para. 1(2)
- s. 29A(11) inserted by 2022 c. 35 Sch. 4 para. 1(3)
- s. 30A inserted by 2022 c. 35 Sch. 5 para. 19
- Sch. A1 para. 21A inserted by 2022 c. 35 Sch. 4 para. 1(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7A(2F) inserted by 2022 c. 35 Sch. 4 para. 1(2)
- s. 29A(11) inserted by 2022 c. 35 Sch. 4 para. 1(3)
- s. 30A inserted by 2022 c. 35 Sch. 5 para. 19
- Sch. A1 para. 21A inserted by 2022 c. 35 Sch. 4 para. 1(4)
25 Tenure of appointed members.E+W+S
(1)Subject to subsections (2) to (4), an appointed member shall hold and vacate office in accordance with the terms of his appointment.
(2)An appointed member—
(a)may at any time resign his membership by notice in writing addressed to the Lord Chancellor and the Secretary of State, and
(b)shall vacate his office on the day on which he attains the age of [F175].
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member—
(a)has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Appeal Tribunal,
(b)has become bankrupt or [F3had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has] made an arrangement with his creditors, or has had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract,
(c)is incapacitated by physical or mental illness, or
(d)is otherwise unable or unfit to discharge the functions of a member,
the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and when the Lord Chancellor does so, the office becomes vacant.
[F4(5)The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge.
(6)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.]
Textual Amendments
F1Word in s. 25(2)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 28(a) (with Sch. 1 para. 43)
F2S. 25(3) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 28(b) (with Sch. 1 para. 43)
F3Words in s. 25(4)(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 35 (with art. 5)
F4S. 25(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 249; S.I. 2006/1014, art. 2(a), Sch. 1
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