Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers Act 2000

2000 CHAPTER 23

Other Authorisations

Part V:  Miscellaneous and Supplemental

Schedule 3: The Tribunal

Paragraph 1: Membership of the Tribunal

378. This paragraph determines the membership of the Tribunal.

379. Sub-paragraph (1) ensures that members of the Tribunal may be drawn from the legal profession in all parts of the United Kingdom.

• “High Judicial Office” is defined in Section 25 of the Appellate Jurisdiction Act 1876 as follows:

• “‘High Judicial Office’ means any of the following offices; that is to say

• The office of Lord Chancellor of Great Britain… or of Judge of one of Her Majesty’s superior courts of Great Britain and Ireland:

• ‘Superior courts of Great Britain and Ireland’ means and includes

  As to England, Her Majesty’s High Court of Justice and Her Majesty’s Court of Appeal; and

  As to Northern Ireland, Her Majesty’s High Court of Justice in Northern Ireland and Her Majesty’s Court of Appeal in Northern Ireland; and

  As to Scotland, the Court of Session.”

• The Appellate Jurisdiction Act of 1887 amended the term ‘High Judicial Office’ in Section 5 to include the office of a Lord of Appeal in Ordinary and the office of a member of the Judicial Committee of the Privy Council.

• The requirement of ten years’ standing means that only those eligible for appointment to the judiciary can serve.

• The Courts and Legal Services Act 1990 states that a person has a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the Supreme Court, or all proceedings in county courts or magistrates’ courts.

380. Sub-paragraph (3) limits the term of office to five years. A member whose term of office expires is eligible for reappointment. Were he to serve a second time he would have to be re-appointed by further Letters Patent. There is no retirement age.

381. Sub-paragraph (4) provides the means whereby a member may resign.