Paragraph 1

England and Wales

(1)

A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of—

(a)

a chairman appointed by the F1Lord Chief Justice after consulting the Lord Chancellor , and

(b)

two other members appointed by the Assembly.

(2)

To be qualified for appointment as chairman of a tribunal, a person must F2satisfy the judicial-appointment eligibility condition on a 5-year basis.

(3)

A person may not be appointed after the day on which he attains the age of F375 to be the chairman of a tribunal.

F4(3A)

A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.

F5(3B)

A chairman or other member of a tribunal must vacate office on reaching the age of 75.

F6(4)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 1(1)(a) substituted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 38(2)
F2: Words in Sch. 3 para. 1(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 42; S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F3: Word in Sch. 3 para. 1(3) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 34(a) (with Sch. 1 para. 43)
F4: Sch. 3 para. 1(3A) inserted (12.12.2017 being the date that S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(6), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)
F5: Sch. 3 para. 1(3B) inserted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 34(b) (with Sch. 1 para. 43)
F6: Sch. 3 para. 1(4) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 38(3)

Notes on Schedule 3

Modifications

C1: Sch. 3 applied (with modifications) (16.5.2006) by S.I. 2006/1338, art. 6, Sch. 4 para. 5