SCHEDULES

F1SCHEDULE 5

Annotations:
Amendments (Textual)

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 F2solicitor of the Court of Judicature 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.