Tenure of officeE+W
3(1)Subject to the provisions of this Schedule, a member of the Service shall hold and vacate office in accordance with the terms of his appointment.E+W
[F1(1A)The person who is for the time being President of the Tribunal shall hold office as a member of the Service for as long as he remains President of the Tribunal.]
(2)A person [F2other than the President of the Tribunal] shall not be appointed as a member of the Service for more than three years.
(3)A person may at any time resign his office as a member of the Service by notice in writing to the Secretary of State.
(4)A person appointed as chairman or deputy chairman of the Service—
(a)shall hold and vacate that office in accordance with the terms of his appointment,
(b)may at any time resign that office by notice in writing to the Secretary of State, and
(c)shall cease to hold that office if he ceases to be a member of the Service.
Textual Amendments
F1Sch. 4 para. 3(1A) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 16 para. 13(3)(a); S.I. 2008/917, art. 2(1)(cc)
F2Words in Sch. 4 para. 3(2) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 16 para. 13(3)(b); S.I. 2008/917, art. 2(1)(cc)
Commencement Information
I1Sch. 4 para. 3 in force at 1.4.2004 by S.I. 2003/2938, art. 6(a) (with art. 8, Sch.)
4(1)A person shall cease to be a member of the Service if—E+W
(a)he ceases to be qualified for appointment as such,
[F3(b)he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),
(ba)having been a Vice-President of the Tribunal, or a member of the panel of chairmen of the Tribunal, at the time of his appointment, he ceases to hold that office without being appointed to another of the senior offices of the Tribunal, or]
(c)he has without reasonable excuse been absent from meetings of the Service for a continuous period of 3 months.
(2)The Secretary of State may remove a person from office as a member of the Service if satisfied that he is unable or unfit to carry out his functions as such.
Textual Amendments
F3Sch. 4 para. 4(1)(b)(ba) substituted for Sch. 4 para. 4(1)(b) (1.10.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 16 para. 13(4); S.I. 2008/3110, art. 6(d)(iv)
Modifications etc. (not altering text)
C1Sch. 4 para. 4 modified (temp.) (27.3.2008) by Local Government and Public Involvement in Health Act 2007 (Commencement No.5 and Transitional, Saving and Transitory Provision) Order 2008 (S.I. 2008/917), art. 7(4)
Commencement Information
I2Sch. 4 para. 4 in force at 1.4.2004 by S.I. 2003/2938, art. 6(a) (with art. 8, Sch.)
5E+WA person who ceases (otherwise than by virtue of paragraph 4(1)(a) or (c)) to be the chairman or deputy chairman of the Service or to be a member of the Service shall be eligible for re-appointment.
Commencement Information
I3Sch. 4 para. 5 in force at 1.4.2004 by S.I. 2003/2938, art. 6(a) (with art. 8, Sch.)