Constitutional Reform Act 2005

Transport Act 1985 (c. 67)

179 (1) Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows.

(2) In paragraph 3 (tenure of office), after sub-paragraph (3) insert—

“(3A) The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.

(3B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.”

(3) In paragraph 10 (the president)—

(a) in sub-paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”;

(b) after sub-paragraph (1) insert—

“(1A) Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—

(a) consult the Lord Chancellor, and

(b) obtain the agreement of the Lord President of the Court of Session.”;

(c) after sub-paragraph (3) insert—

“(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).

(5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1A)(b).”