Section 12.
Modifications etc. (not altering text)
C1Ss. 18-21, 22(1)-(4)(6)(7), 23 and Sch. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 4(2)(a)-(f); S.I. 1993/1655, art.2
Sch. 5 amended (1.9.1996) by 1996 c. 49, s. 3(4)(f); S.I. 1996/2053, art. 2, Sch. Pt.II
1There 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.
Textual Amendments
F1Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
F2Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)
Modifications etc. (not altering text)
C2Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor
2(1)[F3Subject to the following provisions of this paragraph]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 [F4Lord Chancellor] resign his office.
[F5(3)An adjudicator shall vacate his office on the day on which he attains the age of seventy, but 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 75).]
Textual Amendments
F3Words in Sch. 5 Pt I para. 2(1) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.38; S.I. 1995/631, art.2
F4Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
F5Sch. 5 Pt I para. 2(3) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.38; S.I. 1995/631, art.2
Modifications etc. (not altering text)
C3Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor
3[F6(1)] The [F7Lord Chancellor] shall pay—
(a)to the adjudicators, such remuneration and allowances as he may, with the approval of [F8the Treasury], determine;
(b)as regards any of the adjudicators in whose case he may so determine with the approval of [F8the 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 [F7Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F7Lord Chancellor] may, with the approval of [F8the Treasury], pay to that person a sum of such amount as the [F7Lord Chancellor] may, with the approval of [F8the Treasury], determine.
[F9(2)Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]
Textual Amendments
F6Sch. 5, para 3(1) numbered (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2
F7Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
F8Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)
F9Sch. 5, para. 3(2) added (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2
Modifications etc. (not altering text)
C4Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor
4
Textual Amendments
F10Sch. 5 paras. 4, 10 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I
5The adjudicators shall sit at such times and in such places as the [F11Lord 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 [F11Lord Chancellor].
Textual Amendments
F11Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
Modifications etc. (not altering text)
C5Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor
C6Sch. 5 para. 5 amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2, para. 4(4); S.I. 1993/1655, art.2
Sch. 5 para. 5 amended (26.7.1996) by 1996 c. 49, s. 3(5); S.I. 1996/2053, art. 2, Sch. Pt.I
6The 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.
7The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be
[F12(a)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.]
Textual Amendments
F12Sch. 5 para. 7(a)–(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF:37), s. 71(2), Sch. 10, para. 34
8(1)[F13Subject to the following provisions of this paragraph]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.
[F14(3)A member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but 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 75).]
Textual Amendments
F13Words in Sch. 5 Pt. II para. 8(1) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.37; S.I. 1995/631, art.2
F14Sch. 5 Pt. II para. 8(3) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para37; S.I. 1995/631, art.2
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.
9[F15(1)]The [F16Lord Chancellor] shall pay—
(a)to the members of the Tribunal, such remuneration and allowances as he may, with the approval of [F17the Treasury], determine;
(b)as regards any member in whose case he may so determine with the approval of [F17the 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 [F16Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F16Lord Chancellor] may, with the approval of [F17the Treasury], pay to that person a sum of such amount as the [F16Lord Chancellor] may, with the approval of [F17the Treasury], determine.
[F18(2)Sub-paragraph (1)(b) above shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]
Textual Amendments
F15Sch. 3 para. 9(1) numbered (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2
F16Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
F17Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)
F18Sch. 3 para. 9(2) added (31.3.1995) by 1993 c. 8, s. 31(3), Sch. 8 para.9; S.I. 1995/631, art.2
Modifications etc. (not altering text)
C7Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor
10
Textual Amendments
F19Sch. 5 paras. 4, 10 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I
11For 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.
12Subject 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.
13The 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.
14The 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.
15The [F20Lord Chancellor] may appoint such officers and servants for the adjudicators and the Tribunal as he may, with the approval of [F21the Treasury] as to remuneration and numbers, determine.
Textual Amendments
F20Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
F21Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)
Modifications etc. (not altering text)
C8Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor
16The remuneration of officers and servants appointed as aforesaid, and such expenses of the adjudicators and the Tribunal as the [F22Lord Chancellor] may with the approval of [F23the Treasury] determine, shall be defrayed by the [F22Lord Chancellor].
Textual Amendments
F22Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)
F23Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)
Modifications etc. (not altering text)
C9Sch. 5 paras. 1, 2, 3, 5, 9, 15, 16 by S.I. 1987/465, arts. 2(c), 3(1)(3) the functions of the Secretary of State are transferred to the Lord Chancellor