Constitutional Reform Act 2005

Part 1 U.K. The Commissioners

The Commissioners U.K.

1 U.K. The Commission consists of—

(a) a chairman, and

[F1 (b) such number of other Commissioners as the Lord Chancellor may specify by regulations made with the agreement of the Lord Chief Justice,]

appointed by Her Majesty on the recommendation of the Lord Chancellor.

Textual Amendments

F1 Sch. 12 para. 1(b) substituted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 17; S.I. 2013/2200, art. 2(c)

2 (1) The chairman must be a lay member. U.K.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 12 para. 2(2)-(5) omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 18; S.I. 2013/2200, art. 2(c)

3 U.K. A person must not be appointed as a Commissioner if he is employed in the civil service of the State.

[F3 3A U.K. The number of Commissioners who are holders of judicial office must be less than the number of Commissioners (including the chairman) who are not holders of judicial office.

Textual Amendments

F3 Sch. 12 paras. 3A-3C inserted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 19; S.I. 2013/2200, art. 2(c)

3B (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the composition of the Commission. U.K.

(2) The power to make regulations under this paragraph is to be exercised so as to ensure that the Commission's members include—

(a) holders of judicial office,

(b) persons practising or employed as lawyers, and

(c) lay members.

(3) Regulations under this paragraph may (in particular)—

(a) make provision about the number, maximum number or minimum number of Commissioners of a particular description;

(b) make provision about eligibility for appointment as a Commissioner, eligibility for appointment as the chairman or eligibility for appointment as a Commissioner of a particular description.

Textual Amendments

F3 Sch. 12 paras. 3A-3C inserted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 19; S.I. 2013/2200, art. 2(c)

3C U.K. The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice—

(a) define “lay member”, in relation to the Commission, for the purposes of this Part of this Act;

(b) define “holder of judicial office” for the purposes of paragraphs 3A, 3B(2)(a), 11 and 20(5).]

Textual Amendments

F3 Sch. 12 paras. 3A-3C inserted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 19; S.I. 2013/2200, art. 2(c)

F4 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 12 paras. 4-6 omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 18; S.I. 2013/2200, art. 2(c)

F4 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 12 paras. 4-6 omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 18; S.I. 2013/2200, art. 2(c)

F4 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 12 paras. 4-6 omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 18; S.I. 2013/2200, art. 2(c)

[F5 6A (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision for or in connection with the selection or nomination of persons to be recommended for appointment under paragraph 1. U.K.

(2) Regulations under this paragraph may (in particular)—

(a) provide for selection or nomination to be by a person, or body, specified in or appointed under the regulations;

(b) make provision about selection procedure, including—

(i) provision for a selector to determine the selector's own procedure or for selection procedure to be otherwise determined under the regulations;

(ii) provision as to matters to which a selector is to, or may or may not, have regard;

(iii) provision requiring that selection is carried out with a view to ensuring that there is a Commissioner with special knowledge of a particular geographical area or of a particular matter;

(c) make provision for the payment to selectors of remuneration, fees or expenses.

Textual Amendments

F5 Sch. 12 paras. 6A, 6B substituted for Sch. 12 paras. 7-10 (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 20; S.I. 2013/2200, art. 2(c)

6B U.K. The powers to make regulations under this Part of this Schedule are to be exercised with a view to ensuring, so far as may be practicable, that the Commissioners who are lay members include at any time at least one person who appears to have special knowledge of Wales.]

Textual Amendments

F5 Sch. 12 paras. 6A, 6B substituted for Sch. 12 paras. 7-10 (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 20; S.I. 2013/2200, art. 2(c)

Vice-chairman U.K.

11 (1) The [F6 most senior of the holders of judicial office who are Commissioners] is vice-chairman of the Commission. U.K.

(2) For the purposes of sub-paragraph (1) [F7 seniority is to be determined in accordance with regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.]

(3) In the absence of the chairman, the vice-chairman may exercise the chairman's functions [F8 other than—

(a) any functions as a member of a commission convened under section 26(5) or (5A) or of a panel appointed under section 70(1), 75B(1) or 79(1) (including functions of chairing such a commission or panel), and

(b) any functions specified in regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.]

Textual Amendments

F6 Words in Sch. 12 para. 11(1) substituted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 21(2); S.I. 2013/2200, art. 2(c)

F7 Words in Sch. 12 para. 11(2) substituted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 21(3); S.I. 2013/2200, art. 2(c)

F8 Words in Sch. 12 para. 11(3) substituted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 21(4); S.I. 2013/2200, art. 2(c)

Term of office etc. of Commissioners U.K.

12 (1) A Commissioner must be appointed for a fixed period. U.K.

(2) But an appointment is subject to paragraphs 13 to 15.

[F9 13 (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the periods for which a Commissioner may be appointed or hold office. U.K.

(2) Regulations under this paragraph may (in particular) make provision about—

(a) the number of times a person may be appointed as a Commissioner;

(b) the length of any particular appointment;

(c) the total length of a person's appointments or the total period for which a person may hold office as a Commissioner.]

Textual Amendments

F9 Sch. 12 para. 13 substituted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 22; S.I. 2013/2200, art. 2(c)

14 [F10 (1) The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice— U.K.

(a) provide for a Commissioner to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner;

(b) provide for a Commissioner other than the chairman to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner of a particular description;

(c) provide for the chairman—

(i) to cease to be the chairman without ceasing to be a Commissioner, or

(ii) to cease to be the chairman and cease to be a Commissioner,

on ceasing, or on ceasing for a particular reason, to be eligible for appointment as the chairman;

(d) confer power to disapply or suspend the operation of provision under paragraph (a), (b) or (c) in individual cases.]

(4) A Commissioner ceases to be a Commissioner if he becomes employed in the civil service of the State.

Textual Amendments

F10 Sch. 12 para. 14(1) substituted for Sch. 12 para. 14(1)(2) (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 23; S.I. 2013/2200, art. 2(c)

15 (1) A Commissioner may at any time— U.K.

(a) resign his office by notice in writing addressed to Her Majesty;

(b) be removed from office by Her Majesty on the recommendation of the Lord Chancellor.

(2) The Lord Chancellor may not under sub-paragraph (1) recommend that a Commissioner be removed from office unless he is satisfied that the Commissioner—

(a) has failed without reasonable excuse to discharge the functions of his office for a continuous period of at least six months,

(b) has been convicted of an offence,

(c) is an undischarged bankrupt [F11 or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)], or

(d) is otherwise unfit to hold his office or unable to discharge its functions.

(3) A recommendation on the ground mentioned in sub-paragraph (2)(a) may not be made more than 3 months after the end of the period mentioned there.

Textual Amendments

F11 Words in Sch. 12 para. 15(2)(c) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 52(2) (with art. 5)

Salary, allowances and expenses U.K.

16 (1) The Commission may— U.K.

(a) pay to each Commissioner such remuneration, fees or expenses as the Lord Chancellor may determine;

(b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been a Commissioner.

(2) If—

(a) a person ceases to hold office as a Commissioner other than on the expiry of his term of appointment, and

(b) it appears to the Lord Chancellor that there are special circumstances that would warrant the payment of compensation to him,

the Lord Chancellor may direct the Commission to make to or in respect of that person a payment of such amount as the Lord Chancellor may determine.

Code of Conduct U.K.

17 U.K. The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Commissioners.

[F12 Regulations U.K.

Textual Amendments

F12 Sch. 12 para. 17A and cross-heading inserted (4.9.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 24; S.I. 2013/2200, art. 2(c)

17A U.K. Regulations under this Part of this Schedule may—

(a) make different provision for different purposes;

(b) include transitional or transitory provision or savings.]