Part IIAdjudication
Disability appeal tribunals
40Panels for appointment to disability appeal tribunals
(1)
The President shall constitute for the whole of Northern Ireland, to act for such areas as he thinks fit and be composed of such persons as he thinks fit to appoint, panels of persons to act as members of disability appeal tribunals.
(2)
There shall be two panels for each area.
(3)
One panel shall be composed of medical practitioners.
(4)
The other shall be composed of persons who are experienced in dealing with the needs of disabled persons—
(a)
in a professional or voluntary capacity; or
(b)
because they are themselves disabled,
but may not include medical practitioners.
(5)
In considering the appointment of members of the panels the President shall have regard to the desirability of appointing disabled persons.
(6)
Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.
(7)
The members of the panels shall hold office for such periods as the President may direct, but the President may at any time terminate the appointment of any member of a panel.
41Constitution of disability appeal tribunals
(1)
A disability appeal tribunal shall consist of a chairman and two other persons.
(2)
Of the members of a tribunal other than the chairman, one shall be drawn from the panel mentioned in subsection (3) of section 40 above.
(3)
The other shall be drawn from the panel mentioned in subsection (4) of that section.
(4)
The President shall nominate the chairman.
(5)
The President may nominate as chairman—
(a)
himself;
(b)
one of the full-time chairmen appointed under section 49(1)(b) below; or
(c)
a person drawn from the panel appointed by the Lord Chancellor under section 49(1)(c) below.
(6)
In summoning members of a panel to serve on a tribunal, the clerk to the tribunal shall have regard to the desirability of at least one of the members of the tribunal being a disabled person.
(7)
If practicable, at least one of the members of the tribunal shall be of the same sex as the claimant.
(8)
Schedule 2 to this Act shall have effect for supplementing this section.