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Section 28 Constitution of tribunals.C1C2C3

United Kingdom

(1)

Where an appeal is brought under section 27 above a tribunal to determine the appeal shall be constituted in accordance with subsection (2) below.

(2)

The tribunal shall consist of—

(a)

a chairman appointed by the Lord Chancellor or, in a case where the institution concerned is a company registered in Scotland or has its principal or prospective principal place of business in the United Kingdom in Scotland, by the Lord Chancellor in consultation with the Lord Advocate; and

(b)

two other members appointed by the Chancellor of the Exchequer.

(3)

The chairman shall be

F1(a)

person who has a seven year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b)

an advocate or solicitor in Scotland of at least seven years’ standing; or

(c)

a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years’ standing;

and the other two members shall be persons appearing to the Chancellor of the Exchequer to have respectively experience of accountancy and experience of banking.

F2(3A)

A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.

(4)

The Treasury may out of money provided by Parliament pay to the persons appointed as members of a tribunal under this section such fees and allowances in respect of expenses as the Treasury may determine and may also out of such money defray any other expenses of a tribunal.

Annotations

Textual amendments

F1

S. 28(3)(a)(b)(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 69

F2

S. 28(3A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.65 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

Modifications

C1

S. 28 restricted (31.3.1995) by 1993 c. 8, s. 26(8)(f), (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

S. 28 applied (with modifications) (1.12.2001) by S.I. 2001/3592, art. 113(1) (with art. 23(2))

C2

S. 28: functions of the Lord Advocate transferred to the Secretary of State (19.5.1999) by S.I. 1999/678, art. 2(1), Sch. (with art. 7)

C3

S. 28(2)(a): functions of the Secretary of State transferred to the Scottish Ministers (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7); S.I. 1998/3178, art.3

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 3(1)(d)

Act continued (with modifications) (1.12.2001) by S.I. 2001/2967, arts. 1(2), 9(1), Sch. 1 Pt. 1; S.I. 2001/3538 (as amended (1.4.2013) by S.I. 2013/472, arts. 1(1), 3, Sch. 2 para. 56(h)(i)); and specified provisions of Act applied, extended and amended (1.4.2003) so far as still in force by 2001 c. 16, ss. 50, 52-54, 57(1)(j)(4), 68, 138(2), Sch. 1 para. 43, Sch. 2 para. 16(2)(d); S.I. 2003/708, art. 2