SCHEDULES
SCHEDULE 6The Pathogens Access Appeal Commission
Constitution and administration
1
1
The Commission shall consist of members appointed by the Lord Chancellor.
2
The Lord Chancellor shall appoint one of the members as chairman.
3
A member shall hold and vacate office in accordance with the terms of his appointment.
4
A member may resign at any time by notice in writing to the Lord Chancellor.
2
The Lord Chancellor may appoint officers and servants for the Commission.
3
The Lord Chancellor—
a
may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants;
b
may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances; and
c
may pay sums in respect of expenses of the Commission.
Procedure
4
1
The Commission shall sit at such times and in such places as the Lord Chancellor may direct.
2
The Commission may sit in two or more divisions.
3
At each sitting of the Commission—
a
three members shall attend;
b
one of the members shall be a person who holds or has held high judicial office (within the meaning of the Appellate Jurisdiction Act 1876 (c. 59)); and
c
the chairman or another member nominated by him shall preside and report the Commission’s decision.
5
1
The Lord Chancellor may make rules—
a
regulating the exercise of the right of appeal to the Commission;
b
prescribing practice and procedure to be followed in relation to proceedings before the Commission;
c
providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;
d
making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);
e
making provision about proof of the Commission’s decisions.
2
In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—
a
that decisions which are the subject of appeals are properly reviewed; and
b
that information is not disclosed contrary to the public interest.
3
The rules may, in particular—
a
provide for full particulars of the reasons for denial of access to be withheld from the applicant and from any person representing him;
b
enable the Commission to exclude persons (including representatives) from all or part of proceedings;
c
enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);
d
permit preliminary or incidental functions to be discharged by a single member;
e
permit proceedings for permission to appeal under section 70(5) to be determined by a single member;
f
make provision about the functions of persons appointed under paragraph 6;
g
make different provision for different parties or descriptions of party.
4
Rules under this paragraph—
a
shall be made by statutory instrument; and
b
shall not be made unless a draft of them has been laid before and approved by resolution of each House of Parliament.
5
In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.
6
1
The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(3)(b).
2
The relevant law officer is—
a
in relation to proceedings in England and Wales, the Attorney General;
b
in relation to proceedings in Scotland, the Advocate General for Scotland; and
c
in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland.
3
A person appointed under this paragraph must—
a
have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c. 41) (qualification for legal appointments);
b
be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980 (c. 46); or
c
be a member of the Bar of Northern Ireland.
4
A person appointed under this paragraph shall not be responsible to the applicant whose interests he is appointed to represent.
5
In paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.