The Deregulation (Model Appeal Provisions) Order 1996

Appointment of tribunal

6.—(1) There shall be a panel of chairmen for England and Wales and for Scotland respectively.

(2) Appointments shall be made—

(a) to the panel of chairmen for England and Wales, by the Lord Chancellor from persons having a seven year general qualification within the meaning of section 71 of the Courts And Legal Services Act 1990(1), and

(b) to the panel of chairmen for Scotland, by the Lord Advocate from solicitors or advocates of at least seven years standing.

(3) A person appointed to a panel of chairmen—

(a) must be appointed (or re-appointed) for a period not exceeding five years, but

(b) may be removed from office by the Lord Chancellor (or in the case of the panel for Scotland, the Lord Advocate) on the ground of incapacity or misbehaviour;

and subject to that, shall hold and vacate office in accordance with the terms of his appointment.

(4) On receiving a notice of appeal under rule 3, the Registrar must without delay request the responsible Minister to assign a Chairman of the tribunal and appoint two other members of the tribunal to decide the appeal.

(5) The responsible Minister must assign the Chairman within fourteen days and the other members of the tribunal within twenty eight days of receiving the request under paragraph (4).

(6) The Chairman must be assigned—

(a) where the appeal relates to matters arising in England and Wales, from the panel of chairmen for England and Wales;

(b) where the appeal relates to matters arising in Scotland, from the panel of chairmen for Scotland.

(7) Of the other members of the tribunal—

(a) one must be a person whom the responsible Minister considers by reason, of experience or otherwise, to have special knowledge of matters likely to be considered by the tribunal, and

(b) the other must be a person whom the responsible Minister considers representative of the interests of persons in relation to whom the Authority has the power to take the enforcement action in question.

(8) The responsible Minister may determine the fees and expenses to be paid to the members of the tribunal, and any other expenses of the tribunal which are to be defrayed.

(9) The Council on Tribunals may make general recommendations—

(a) as to the arrangements for the making of appointments to membership of the panels constituted under paragraph (1) to the Lord Chancellor or the Lord Advocate,

(b) as to the arrangements for the making of appointments to membership of the tribunal, to the responsible Minister;

and, without prejudice to the preceding provisions of this paragraph, the Minister in question must have regard to any such recommendations.

(1)

1990 c. 41.