SCHEDULES

C1SCHEDULE 5 The Adjudicators and the Tribunal

Section 12.

Annotations:
Modifications etc. (not altering text)

Part I The Adjudicators

C21

There shall be such number of adjudicators as the F1Lord Chancellor may with the consent of F2the Treasury determine, and the F1Lord Chancellor shall appoint one of them as chief adjudicator.

C32

1

An adjudicator shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

2

An adjudicator may at any time by notice in writing to the F3Lord Chancellor resign his office.

C43

The F4Lord Chancellor shall pay—

a

to the adjudicators, such remuneration and allowances as he may, with the approval of F5the Treasury, determine;

b

as regards any of the adjudicators in whose case he may so determine with the approval of F5the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be an adjudicator and it appears to the F4Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the F4Lord Chancellor may, with the approval of F5the Treasury, pay to that person a sum of such amount as the F4Lord Chancellor may, with the approval of F5the Treasury, determine.

4F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C5C65

The adjudicators shall sit at such times and in such places as the F7Lord Chancellor may direct; and the chief adjudicator shall allocate duties among the adjudicators and have such other functions as may be conferred on him by the F7Lord Chancellor.

Part II The Tribunal

Members

6

The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.

7

The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be

F8a

persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

b

advocates or solicitors in Scotland of a least 7 years’ standing; or

c

members of the Bar of Northern Ireland or solicitors of the Supreme Court of Northern Ireland of a least 7 years’ standing.

8

1

A member of the Tribunal shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

2

Any member of the Tribunal may at any time by notice in writing to the Lord Chancellor resign his office.

C79

The F9Lord Chancellor shall pay—

a

to the members of the Tribunal, such remuneration and allowances as he may, with the approval of F10the Treasury, determine;

b

as regards any member in whose case he may so determine with the approval of F10the Treasury, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be a member of the Tribunal and it appears to the F9Lord Chancellor that there are special circumstances which make it right that that person should receive compensation, the F9Lord Chancellor may, with the approval of F10the Treasury, pay to that person a sum of such amount as the F9Lord Chancellor may, with the approval of F10the Treasury, determine.

10F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

11

For the purpose of hearing and determining appeals under Part II of this Act or any matter preliminary or incidental to any such appeal, the Tribunal shall sit at such times and in such place or places as the Lord Chancellor may direct, and may sit in two or more divisions.

12

Subject to rules of procedure, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members) of whom at least one is qualified as mentioned in paragraph 7 of this Schedule; and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the case.

13

The Lord Chancellor may appoint members of the Tribunal who are qualified as mentioned in paragraph 7 of this Schedule to act on behalf of the president in his temporary absence or inability to act.

14

The president or, in his absence, the member qualified as mentioned in paragraph 7 of this Schedule (or, if there is more than one such member present, the senior of them) shall preside at a sitting of the Tribunal.

Part III Staff and Expenses

C815

The F12Lord Chancellor may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of F13the Treasury as to remuneration and numbers, determine.

C916

The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the F14Lord Chancellor may with the approval of F15the Treasury determine, shall be defrayed by the F14Lord Chancellor.