Appointment of tribunal
7.—(1) There shall be appointed by the Lord Chancellor–
(a)a panel of tribunal chairmen,
(b)a senior tribunal chairman.
(2) Appointments shall be made–
(a)from persons in England and Wales who have a seven year general qualification within the meaning of section 71 of the Courts And Legal Services Act 1990(), and
(b)from solicitors or advocates of at least seven years standing in Scotland or Northern Ireland.
(3) A person appointed under this regulation–
(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 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 regulation 4, the senior chairman shall assign a chairman of the tribunal and appoint two other members of the tribunal to decide the appeal.
(5) The senior chairman must assign the chairman of the tribunal within 21 days and the other members of the tribunal within 28 days of receiving the notice of appeal.
(6) Of the other members of the tribunal–
(a)one must be a person whom the senior chairman 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 senior chairman considers representative of the interests of persons in relation to whom the Secretary of State has the power to take the enforcement decision in question.
(7) The senior chairman shall have regard to whether the appeal relates to matters arising in England and Wales, Scotland or Northern Ireland when determining whom to assign as the chairman under paragraph (5) and the other members of a tribunal under paragraph (6).
(8) The Secretary of State 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 to the Lord Chancellor general recommendations as to the arrangements for the making of appointments–
(a)to membership of the panel constituted under paragraph (1)(a), or
(b)to the tribunal,
and, without prejudice to the preceding provisions of this paragraph, the Lord Chancellor must have regard to any such recommendations.
(10) Subject to the terms of his appointment, the senior chairman may appoint another member of the panel of tribunal chairmen to exercise functions conferred on him by these Regulations.