Transport Act 1962

Vacancies and temporary absence

5 (1) The tribunal may act notwithstanding any vacancy, but if a vacancy occurs among the members of the tribunal or if any member is unable to attend because of illness or for any other cause, then pending the filling up of such vacancy or during such absence—

(a) in the case of the president, the Lord Chancellor may appoint a person to act in his place ; and

(b) in the case of any other member, the Minister may appoint a person of the like qualifications to act in his place.

(2) A person shall not be appointed to act under paragraph (a) of the last foregoing sub-paragraph after he attains the age of seventy-two years, or under paragraph (b) of that sub-paragraph after he attains the age of seventy years, except where the Lord Chancellor or the Minister, as the case may be, think it desirable in the public interest, but no person shall be appointed to act after he attains the age of seventy-five years.

(3) Any person appointed under this paragraph shall, for the purposes of any proceedings in respect of which he may be so appointed, be a member of the tribunal and shall, subject to the provisions of this Act and to the rules made thereunder, exercise all the powers and functions of a member of the tribunal.

(4) Any person appointed under this paragraph in place of a member of the Road Haulage Appeals Division shall be regarded as a member of that Division for the purposes of subsection (5) of section fifty-seven of this Act.