Part III Registered Homes Tribunals

40 Constitution of panels for chairmen and members.

1

For the purpose of enabling a tribunal to hear an appeal under a relevant enactment to be constituted as occasion may require there shall be—

a

a panel appointed by the Lord Chancellor (in this Part of this Act referred to as “the legal panel”) of persons available to act as chairmen of any such tribunals; and

b

a panel appointed by the Lord President of the Council (in this Part of this Act referred to as “the panel of experts”) of persons available to act as members.

2

Tribunals constituted under this Part of this Act are to be known as Registered Homes Tribunals.

3

No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.

4

No person shall be qualified to be appointed to the panel of experts unless he has had experience in social work, medicine, nursing or midwifery or such other experience as the Lord President of the Council considers suitable.

5

No officer of a government department may be appointed to either panel.

6

F2Subject, in the case of a person appointed to the legal panel, to subsection (7) below, a person appointed to a panel shall hold office subject to such conditions as to the period of his membership and otherwise as may be determined by the person appointing him.

F37

No appointment of a person to the legal panel shall be such as to extend beyond 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).