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.