(1)There shall be established for the purposes of section 28 of this Act [F1and section 2 of the Horserace Betting Levy Act 1981]—
(a)one or more appeal tribunals for England and Wales; and
(b)one or more appeal tribunals for Scotland;
and an appeal under section 28(5) of this Act [F2or section 2(1) of the said Act of 1981] shall be referred to a tribunal established for Scotland if the appellant is the holder of a bookmaker’s permit which was last granted or renewed by an authority in Scotland.
(2)Each such tribunal shall consist of a chairman and two other members of whom—
(a)the chairman, who shall be
[F3(i)a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(ii)an advocate or solicitor in Scotland of at least 7 years’ standing,]
shall be appointed by the Lord Chancellor or, in the case of a tribunal established for Scotland, by the Lord President of the Court of Session; and
(b)the other members shall be appointed by the Secretary of State;
and each member of any such tribunal shall hold office in accordance with the terms of the instrument under which he was appointed [F4, but subject, in the case of the chairman, to subsection (2A) of this section].
[F5(2A)The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]
(3)The procedure of any such tribunal shall be such as the Lord Chancellor or, in the case of a tribunal established for Scotland, the Lord President of the Court of Session may by rules prescribe; and any such rules shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)The Levy Board shall pay to the members of any such tribunal such remuneration as the Board may with the approval of the Secretary of State determine and any travelling and other expenses reasonably incurred by them as members of the tribunal.
(5)The Levy Board shall provide any such tribunal with such secretarial and other facilities as may appear to the Board to be necessary or expedient, and, without prejudice to subsection (7) of this section, shall pay any expenses incurred by the tribunal for the purposes of their functions with the approval, whether general or special, of the Levy Board.
(6)If any such tribunal thinks it just so to direct in allowing any appeal by a bookmaker, the Levy Board shall pay to that bookmaker such amount as the tribunal may specify towards expenses appearing to the tribunal to have been reasonably incurred by the bookmaker in connection with the appeal.
(7)If any such tribunal, in dismissing any appeal by a bookmaker, or on the abandonment of any appeal after the tribunal has taken some action towards its determination, thinks it just that the bookmaker should make a payment towards expenses incurred by the tribunal in connection with the appeal, the tribunal may certify accordingly and the Levy Board shall be entitled to recover from the bookmaker as a debt due to them the amount specified in the certificate.
Textual Amendments
F1Words inserted by Horserace Betting Levy Act 1981 (c.30, SIF 12:1), s. 4(6), Sch. para. 2(a)
F2Words inserted by Horserace Betting Levy Act 1981 (c.30, SIF 12:1), s. 4(6), Sch. para. 2(b)
F3Words in s. 29(2)(a) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 16
F4Words in s. 29(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.48 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F5S. 29(2A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.48 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
Modifications etc. (not altering text)
C1S. 29 extended by Horserace Betting Levy Act 1969 (c. 14), s. 3(1)
C2Functions conferred by s. 29(2)(b) transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1