SCHEDULE 4Social Security Commissioners
Appointment
1
(1)
Her Majesty may from time to time appoint, from among persons who have a 10 year general qualification or advocates or solicitors in Scotland of at least 10 years' standing—
(a)
a Chief Social Security Commissioner; and
(b)
such number of other Social Security Commissioners as Her Majesty thinks fit.
(2)
If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this sub-paragraph, he may appoint—
(a)
a person who has a 10 year general qualification; or
(b)
an advocate or solicitor in Scotland of at least 10 years' standing; or
(c)
a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing,
to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit.
(3)
In this paragraph “10 year general qualification” shall be construed in accordance with section 71 of the M1Courts and Legal Services Act 1990.
Remuneration etc.
2
The Lord Chancellor shall pay to a Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as he may determine.
3
(1)
The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings under section 14 of this Act F1or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 such travelling and other allowances as he may determine.
(2)
In this paragraph the reference to travelling and other allowances includes a reference to compensation for loss of remunerative time.
Tenure of office
4
(1)
Commissioners shall vacate their offices on the day on which they attain the age of 70, but subject to section 26(4) to (6) of the M2Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
(2)
Nothing in sub-paragraph (1) above or in section 13 or 32 of the M3Judicial Pensions Act 1981 (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of paragraph 1(2) above.
5
(1)
A Commissioner may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.
(2)
Nothing in sub-paragraph (1) above applies to a Commissioner appointed before 23rd May 1980.
Delegation of functions
6
The Lord Chancellor may by regulations provide—
(a)
for officers authorised by the Lord Chancellor or, in Scotland, by the Secretary of State to make any determinations which fall to be made by Commissioners;
(b)
for the procedure to be followed by such officers in making such determinations;
(c)
for the manner in which such determinations by such officers may be called in question.
Certificates
7
A document bearing a certificate which—
(a)
is signed by a person authorised in that behalf by the Secretary of State; and
(b)
states that the document, apart from the certificate, is a record of a decision of a Commissioner,
shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Supplemental
8
Where the Lord Chancellor proposes to exercise a power conferred on him by paragraph 1(2), 5(1) or 6 above, it shall be his duty to consult the Lord Advocate with respect to the proposal.