Article 22 Constitution of Tribunal

Northern Ireland

F1(1)

The Special Educational Needs and Disability Tribunal for Northern Ireland (referred to in this Part as “the Tribunal”) shall exercise the jurisdiction conferred on it by this Part.

(2)

There shall be—

(a)

a President of the Tribunal appointed by theF2 F3Northern Ireland Judicial Appointments Commission;

(b)

a panel appointed by theF4 Northern Ireland Judicial Appointments Commission of persons who may serve as chairman of the Tribunal; and

C1(c)

a panel appointed by the Department of persons who may serve as the other two members of the Tribunal apart from the chairman.

(3)

No person may be appointed—

(a)

President or member of the panel mentioned in paragraph (2)(b) unless he possesses such legal qualifications as theF5 F6F7Department of Justice considers suitableF8 after consultation with the Lord Chief Justice;

C2(b)

member of the panel mentioned in paragraph (2)(c) unless he satisfies such requirements as may be prescribed.

F9(3A)

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)—

(a)

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)

a Lord Justice of Appeal (as defined in section 88 of that Act).

(4)

The President—

(a)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

may resign office by notice in writing to theF11 F12Northern Ireland Judicial Appointments Commission; and

(c)

is eligible for re-appointment if he ceases to hold office.

(5)

A person appointed member of either panel shall hold office subject to such conditions as to the period of his appointment and otherwise as may be determined by the F13. . . body appointing him, but may resign office by notice in writing to that . . . body.

F14(5A)

For an appointment under paragraph (2)(b), the conditions mentioned in paragraph (5) are to be determined with the agreement of the F15Department of Justice.

C3(6)

The Department may—

(a)

pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration F16, allowances and expenses as it may, with the approval of the Department of Finance and Personnel, determine;

(b)

defray the expenses of the Tribunal to such amount as the Department may, with the approval of the Department of Finance and Personnel, determine;

(c)

provide for the Tribunal such staff and accommodation as the Tribunal may require.

(7)

The jurisdiction of the Tribunal shall be exercised by such number of tribunals as may be determined from time to time by the President.

Annotations

Textual amendments

F1: 2005 NI 6
F2: Words in art. 22(2) substituted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 5, 87(1), Sch. 3 para. 37(2)(a) (This amendment does not come into operation before the said amending Sch. 3 is subsequently substituted (12.4.2010) by the Northern Ireland Act 2009 (c. 3), Sch. 3 para. 13; S.I. 2010/812, art. 2. This new Sch. 3 of the Justice (Northern Ireland) Act 2002 (c. 26) does not amend other legislation, therefore this amendment never comes into operation.)
F3: Words in art. 22(2)(a)(b) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 26(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F4: Words in art. 22(2) substituted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 5, 87(1), Sch. 3 para. 37(2)(b) (This amendment does not come into operation before the said amending Sch. 3 is subsequently substituted (12.4.2010) by the Northern Ireland Act 2009 (c. 3), Sch. 3 para. 13; S.I. 2010/812, art. 2. This new Sch. 3 of the Justice (Northern Ireland) Act 2002 (c. 26) does not amend other legislation, therefore this amendment never comes into operation.)
F5: Words in art. 22(3)(a) substituted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 5, 87(1), Sch. 3 para. 37(3) (This amendment does not come into operation before the said amending Sch. 3 is subsequently substituted (12.4.2010) by the Northern Ireland Act 2009 (c. 3), Sch. 3 para. 13; S.I. 2010/812, art. 2. This new Sch. 3 of the Justice (Northern Ireland) Act 2002 (c. 26) does not amend other legislation, therefore this amendment never comes into operation.)
F6: Words in art. 22(3)(a) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 26(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2 ( The exact substituted words of this amendment are superceded at (12.4.2010) by the substitution of words by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 10; S.R. 2010/147, art. 2(2))
F7: Words in art. 22(3)(a) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 10; S.R. 2010/147, art. 2(2)
F8: Words in art. 22(3)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 102(2); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(b)
F9: Art. 22(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 148(1), Sch. 5 para. 102(3); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 12(b)
F10: Art. 22(4)(a) repealed (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87(1), Sch. 13; S.R. 2006/124, art. 2, Sch. paras. 9, 11(j)
F11: Words in art. 22(4)(b) substituted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 5, 87(1), Sch. 3 para. 37(4) (This amendment does not come into operation before the said amending Sch. 3 is subsequently substituted (12.4.2010) by the Northern Ireland Act 2009 (c. 3), Sch. 3 para. 13; S.I. 2010/812, art. 2. This new Sch. 3 of the Justice (Northern Ireland) Act 2002 (c. 26) does not amend other legislation, therefore this amendment never comes into operation.)
F12: Words in art. 22(4)(b) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 26(2) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F13: Words in art. 22(5) omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 26(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F14: Art. 22(5A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7)(a), Sch. 4 para. 26(5) (with Sch. 5 para. 16); S.I. 2010/812, art. 2
F15: Words in art. 22(5A) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), ss. 1(5), 3(2), Sch. para. 10; S.R. 2010/147, art. 2(2)
F16: Words in art. 22(6)(a) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 16

Modifications

C1: Art. 22(2)(c) functions transferred from Department of Education to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 3 (with art. 8(2))
C2: Art. 22(3)(b) functions transferred from Department of Education to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 3 (with art. 8(2))
C3: Art. 22(6) functions transferred from Department of Education to Department of Justice (1.4.2011) by Departments (Transfer of Functions) Order (Northern Ireland) 2011 (S.R. 2011/44), arts. 1(2), 3 (with art. 8(2))