Immigration Act 1971

Part II U.K. The Tribunal

Members U.K.

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

[F1 (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

F1 Sch. 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) [F2 Subject 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.

[F3 (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

F2 Words 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

F3 Sch. 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 [F4 (1)]The [F5 Lord Chancellor] shall pay—

(a) to the members of the Tribunal, such remuneration and allowances as he may, with the approval of [F6 the Treasury], determine;

(b) as regards any member in whose case he may so determine with the approval of [F6 the 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 [F5 Lord Chancellor] that there are special circumstances which make it right that that person should receive compensation, the [F5 Lord Chancellor] may, with the approval of [F6 the Treasury], pay to that person a sum of such amount as the [F5 Lord Chancellor] may, with the approval of [F6 the Treasury], determine.

[F7 (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

F4 Sch. 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

F5 Words substituted by S.I. 1987/465, arts. 2(c), 3(1)(3)

F6 Words substituted by virtue of S.I.1980/1670, arts. 2(1)(c)(2), 3(5)

F7 Sch. 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)

C2 Sch. 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

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

10

Textual Amendments

F8 Sch. 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

Proceedings U.K.

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.