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Plant Varieties Act 1997
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There are currently no known outstanding effects for the Plant Varieties Act 1997, Cross Heading: Chairman.
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ChairmanU.K.
2(1)The Lord Chancellor shall appoint a person to be chairman of the Tribunal for the purpose of proceedings brought before them in England and Wales.U.K.
(2)A person may only be appointed under this paragraph if he has a seven year general qualification, within the meaning of section 71 of the M1Courts and Legal Services Act 1990.
Marginal Citations
3(1)The Lord President of the Court of Session shall appoint a person to be chairman of the Tribunal for the purpose of proceedings brought before them in Scotland.U.K.
(2)A person may only be appointed under this paragraph if he is an advocate or solicitor in Scotland of at least 7 years’ standing.
4(1)The [F1Northern Ireland Judicial Appointments Commission] shall appoint a person to be chairman of the Tribunal for the purpose of proceedings brought before them in Northern Ireland.U.K.
(2)A person may only be appointed under this paragraph if he is a member of the Bar of Northern Ireland or [F2solicitor of the Court of Judicature of Northern Ireland] of at least 7 years’ standing.
Textual Amendments
F1Words in Sch. 3 para. 4(1) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 27(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F2Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)
5(1)Subject to sub-paragraph (2) below, a person’s appointment under paragraph 2, 3 or 4 above shall be for such term as the appointing authority may determine before the person’s appointment.U.K.
[F3(1A)For an appointment under paragraph 4 above, the term mentioned in sub-paragraph (1) above is to be determined with the agreement of the [F4Department of Justice].]
(2)No appointment of a person under paragraph 2, 3 or 4 above shall be such as to extend beyond the day on which he attains the age of [F575].
(3)A person who ceases to hold office under paragraph 2, 3 or 4 above shall be eligible for re-appointment.
(4)A person may resign his appointment under paragraph 2, 3 or 4 above by notice in writing to the appointing authority.
(5)The appointing authority may revoke a person’s appointment under [F6paragraph 2 or 3] above if satisfied that the person is unfit to continue in office or incapable of discharging his duties.
[F7(5A)Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.]
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 para. 5(1A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 27(3)(with Sch. 5 para. 16); S.I. 2010/812, art. 2
F4Words in Sch. 3 para. 5(1A) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 11; S.R. 2010/147, art. 2(2)
F5Word in Sch. 3 para. 5(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 29(a) (with Sch. 1 para. 43)
F6Words in Sch. 3 para. 5(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 269(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)
F7Sch. 3 para. 5(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 269(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)
F8Sch. 3 para. 5(6) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 29(b) (with Sch. 1 para. 43)
6(1)In the case of the temporary absence or inability to act of a person appointed under paragraph 2, 3 or 4 above, the appointing authority may appoint another person to act as deputy for that person.U.K.
(2)A person may only be appointed to act as deputy for a person appointed under paragraph 2, 3 or 4 above if he has the qualification required for appointment under that paragraph.
(3)A person appointed under sub-paragraph (1) above shall, when acting as deputy for a person appointed under paragraph 2, 3 or 4 above, have all the functions of that person.
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