SCHEDULE 2THE BAR COMPLAINTS COMMITTEE
Terms of office
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.
(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.