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Trade Marks Act 1994, Section 77 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For the purposes of section 76 an “appointed person” means a person appointed by the Lord Chancellor to hear and decide appeals under this Act.
(2)A person is not eligible for such appointment unless—
[F1(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;]
(b)he is an advocate or solicitor in Scotland of at least [F25] years’ standing;
(c)he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least [F35] years’ standing; or
(d)he has held judicial office.
(3)An appointed person shall hold and vacate office in accordance with his terms of appointment, subject to the following provisions—
(a)there shall be paid to him such remuneration (whether by way of salary or fees), and such allowances, as the Secretary of State with the approval of the Treasury may determine;
(b)he may resign his office by notice in writing to the Lord Chancellor;
(c)the Lord Chancellor may by notice in writing remove him from office if—
(i)he has become bankrupt or made an arrangement with his creditors or, in Scotland, his estate has been sequestrated or he has executed a trust deed for his creditors or entered into a composition contract, or
(ii)he is incapacitated by physical or mental illness,
or if he is in the opinion of the Lord Chancellor otherwise unable or unfit to perform his duties as an appointed person.
(4)The Lord Chancellor shall consult the Lord Advocate before exercising his powers under this section.
[F4(5)The Lord Chancellor may remove a person from office under subsection (3)(c) only with the concurrence of the appropriate senior judge.
(6)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a)the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b)the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.]
Textual Amendments
F1S. 77(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 25(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F2Word in s. 77(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 25(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F3Word in s. 77(2)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 25(3); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F4S. 77(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 238; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)
Modifications etc. (not altering text)
C1S. 77: Functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)
S. 77 modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 17
S. 77: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178.art. 2(1)
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