SCHEDULES
SCHEDULE 7Administrative Justice and Tribunals Council
Part 1Members and committees
1Membership
1
The Council is to consist of—
a
the Parliamentary Commissioner for Administration, and
b
not more than fifteen nor fewer than ten appointed members.
2
Of the appointed members—
a
either two or three are to be appointed by the Scottish Ministers with the concurrence of the Lord Chancellor and the Welsh Ministers,
b
either one or two are to be appointed by the Welsh Ministers with the concurrence of the Lord Chancellor and the Scottish Ministers, and
c
the others are to be appointed by the Lord Chancellor with the concurrence of the Scottish Ministers and the Welsh Ministers.
2Chairman of the Council
1
After consultation with the Scottish Ministers and the Welsh Ministers, the Lord Chancellor must nominate one of the appointed members to be chairman of the Council.
2
The chairman of the Council is to hold and vacate that office in accordance with the terms of his nomination, but—
a
may resign that office by giving written notice to the Lord Chancellor, and
b
ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2).
3Term of office of appointed members of Council
1
Subject to the following provisions of this paragraph, a person appointed under paragraph 1(2) is to hold and vacate office in accordance with the terms of his appointment.
2
A person appointed under paragraph 1(2)(a) may resign by giving written notice to the Scottish Ministers.
3
A person appointed under paragraph 1(2)(b) may resign by giving written notice to the Welsh Ministers.
4
A person appointed under paragraph 1(2)(c) may resign by giving written notice to the Lord Chancellor.
5
The Lord Chancellor may remove a person appointed under paragraph 1(2) on the ground of inability or misbehaviour.
6
The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(a) may be exercised only with the concurrence of the Scottish Ministers.
7
The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(b) may be exercised only with the concurrence of the Welsh Ministers.
4Scottish Committee
1
There is to be a Scottish Committee of the Council (referred to in this Schedule as “the Scottish Committee”) for the purpose of exercising the functions conferred on it by any statutory provision.
2
The Scottish Committee is to consist of—
a
the Parliamentary Commissioner for Administration,
b
the Scottish Public Services Ombudsman,
c
the members of the Council appointed under paragraph 1(2)(a), and
d
either three or four other persons, not being members of the Council, appointed by the Scottish Ministers.
5Chairman of the Scottish Committee
1
The Scottish Ministers must nominate one of the members mentioned in paragraph 4(2)(c) to be chairman of the Scottish Committee.
2
The chairman of the Scottish Committee is to hold and vacate that office in accordance with the terms of his nomination, but—
a
may resign that office by giving written notice to the Scottish Ministers, and
b
ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(a).
6Term of office of appointed members of Scottish Committee
1
Subject to the following provisions of this paragraph, a person appointed under paragraph 4(2)(d) is to hold and vacate office in accordance with the terms of his appointment.
2
The person may resign by giving written notice to the Scottish Ministers.
3
The Scottish Ministers may remove the person on the ground of inability or misbehaviour.
7Welsh Committee
1
There is to be a Welsh Committee of the Council (referred to in this Schedule as “the Welsh Committee”) for the purpose of exercising the functions conferred on it by any statutory provision.
2
The Welsh Committee is to consist of—
a
the Parliamentary Commissioner for Administration,
b
the Public Services Ombudsman for Wales,
c
the members of the Council appointed under paragraph 1(2)(b), and
d
either two or three other persons, not being members of the Council, appointed by the Welsh Ministers.
8Chairman of Welsh Committee
1
The Welsh Ministers must nominate one of the members mentioned in paragraph 7(2)(c) to be chairman of the Welsh Committee.
2
The chairman of the Welsh Committee is to hold and vacate that office in accordance with the terms of his nomination, but—
a
may resign that office by giving written notice to the Welsh Ministers, and
b
ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(b).
9Term of office of Committee members
1
Subject to the following provisions of this paragraph, a person appointed under paragraph 7(2)(d) is to hold and vacate office in accordance with the terms of his appointment.
2
The person may resign by giving written notice to the Welsh Ministers.
3
The Welsh Ministers may remove the person on the ground of inability or misbehaviour.
10Remuneration of Council and Committee members
1
The Lord Chancellor must pay such remuneration as he may determine to each of the following—
a
the chairman of the Council;
b
the chairman of the Scottish Committee;
c
the chairman of the Welsh Committee.
2
The Lord Chancellor may pay such fees as he may determine to—
a
members of the Council other than the chairman;
b
members of the Scottish Committee other than the chairman;
c
members of the Welsh Committee other than the chairman.
3
The Lord Chancellor may pay such expenses as he may determine to—
a
members of the Council;
b
members of the Scottish Committee;
c
members of the Welsh Committee.
4
In sub-paragraph (3) “expenses” includes (in particular) subsistence allowances and travelling expenses.
11Status of Council and Committees
The Council, the Scottish Committee and the Welsh Committee are not to be regarded—
a
as agents or servants of the Crown, or
b
as enjoying any status, immunity or privilege of the Crown.