This version of this cross heading contains provisions that are prospective.
There are currently no known outstanding effects for the Legal Complaints and Regulation Act (Northern Ireland) 2016, Paragraph 5.
Prospective
5—(1) Subject to the provisions of this Schedule, a member of the Bar Complaints Committee shall hold and vacate office in accordance with the terms of that member's appointment.N.I.
(2) A person shall not be appointed as a member for more than 5 years at a time, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place that person is appointed.
(3) A person who ceases to be a member on the expiration of that person's first term as a member shall be eligible for re-appointment, but a person who has been re-appointed as a member by virtue of this sub-paragraph shall not be eligible for appointment or re-appointment as a member at any time after the end of that person's second term as a member.
(4) A member may at any time—
(a)resign by giving notice to the Benchers;
(b)be removed from office by the Benchers.
(5) The Benchers may not under sub-paragraph (4)(b) remove a member (including the chair) from office unless the Benchers are satisfied that the member has—
(a)failed to handle complaints in accordance with a plan submitted to the Legal Services Oversight Commissioner under section 2(1)(g);
(b)failed to comply with any recommendation made by the Legal Services Oversight Commissioner in relation to the handling of complaints;
(c)been convicted of a criminal offence;
(d)become bankrupt or a composition or scheme proposed by the member has been approved under Chapter 2 of Part 8 of the Insolvency (Northern Ireland) Order 1989;
(e)without reasonable excuse failed to exercise that member's functions for a continuous period of 6 months;
(f)become unfit or unable to exercise that member's functions.
(6) The chair may only be removed from office under sub-paragraph (4)(b) with the consent of the Legal Services Oversight Commissioner.
(7) The Benchers must consult the chair and the Legal Services Oversight Commissioner before removing a member (other than the chair) under sub-paragraph (4)(b).
(8) A member (including the chair) may only be removed from office under sub-paragraph (4)(b) for a reason mentioned in sub-paragraph (5)(a) or (b) with the consent of the Legal Services Oversight Commissioner.
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