SCHEDULES
F1SCHEDULE 5
Membership
1
The Lord Chancellor shall appoint the members of the Tribunal.
2
1
A member—
a
may resign by notice in writing to the Lord Chancellor,
b
shall cease to be a member on reaching the age of 70, and
c
otherwise, shall hold and vacate office in accordance with the terms of his appointment.
2
Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c. 8) (extension to age 75).
Presidency
3
The Lord Chancellor shall appoint as President of the Tribunal a member who holds or has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876 (c. 59).
4
1
The Lord Chancellor shall appoint one legally qualified member of the Tribunal as its Deputy President.
2
The Deputy President—
a
may act for the President if the President is unable to act or unavailable, and
b
shall perform such functions as the President may delegate or assign to him.
Proceedings
5
The Tribunal shall sit at times and places determined by the Lord Chancellor.
6
The Tribunal may sit in more than one division.
7
1
The jurisdiction of the Tribunal may be exercised by such number of its members as the President may direct.
2
A direction under this sub-paragraph—
a
may relate to specified proceedings or proceedings of a specified kind,
b
may enable jurisdiction to be exercised by a single member,
c
may require the member hearing proceedings, or a specified number of the members hearing proceedings, to be legally qualified, and
d
may be varied or revoked by a further direction.
Staff
8
The Lord Chancellor may appoint staff for the Tribunal.
Money
9
The Lord Chancellor—
a
may pay remuneration and allowances to members of the Tribunal,
b
may pay remuneration and allowances to staff of the Tribunal, and
c
may defray expenses of the Tribunal.
10
The Lord Chancellor may pay compensation to a person who ceases to be a member of the Tribunal if the Lord Chancellor thinks it appropriate because of special circumstances.
Interpretation: legally qualified member
11
1
For the purpose of this Schedule a member of the Tribunal is legally qualified if he—
a
has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
b
is an advocate or solicitor in Scotland of at least seven years’ standing,
c
is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least seven years’ standing, or
d
is appointed by the Lord Chancellor as a legally qualified member.
2
A person may be appointed by the Lord Chancellor under sub-paragraph (1)(d) only if he has legal or other experience which in the Lord Chancellor’s opinion makes him suitable for appointment as a legally qualified member.
Sch. 5 repealed (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(b), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)