OpenLegislation

Article 31 Extent of right to representation: review and appeal

Original text. Later amendments are not shown.

(1)

Regulations shall make provision for the review, in prescribed circumstances, of determinations by the Commission under Article 30(2).

(2)

Regulations shall make provision—

(a)

for rights of appeal against decisions taken on reviews under regulations made under paragraph (1);

(b)

for such appeals to be determined by persons (“adjudicators”) appointed for the purpose by the Lord Chancellor.

(3)

Regulations shall make provision—

(a)

for the procedures for such appeals;

(b)

for the giving of information about such procedures;

(c)

as to the form of any such appeal, and the information which must be supplied with any such appeal;

(d)

as to the form of any notice of the determination of any such appeal.

(4)

The regulations may include provision—

(a)

requiring adjudicators to be members of the Law Society, members of the General Council of the Bar of Northern Ireland, or members of such other bodies, which provide, or whose members provide, criminal defence services, as may be prescribed;

(b)

for adjudicators to be appointed as members of a body having responsibility (in accordance with the regulations) for dealing with appeals;

(c)

for the appointment by the Lord Chancellor of one of the members of that body to be its chairman;

(d)

for prescribed functions in relation to appeals or adjudicators to be conferred on the Commission, or employees of the Commission.

(5)

Any person appointed under this Article by the Lord Chancellor —

(a)

shall be appointed on such terms and conditions as the Lord Chancellor considers appropriate; but

(b)

shall not be regarded as having been appointed to exercise functions of the Lord Chancellor or to act on his behalf.

(6)

No decision taken by an adjudicator shall be regarded as having been taken by, or on behalf of, the Lord Chancellor.

(7)

The Lord Chancellor may at any time remove a person from office as an adjudicator if satisfied that—

(a)

he has become bankrupt or made a composition or arrangement with his creditors,

(b)

he is unable to carry out his duties by reason of illness,

(c)

he has been convicted of a criminal offence, or

(d)

he is otherwise unable or unfit to perform his duties.

(8)

The regulations may include provision for the Commission—

(a)

to maintain and publish a register of persons who are eligible for appointment as adjudicators;

(b)

to reimburse adjudicators, to such extent as may be prescribed, for any expenses or loss of earnings.