Paragraph 3

England, Wales and Scotland

(1)

If the Lord Chancellor, after consultation with the Secretary of State, is satisfied that an appointed member—

(a)

has been absent from sittings of the Appeal Tribunal for a period longer than six consecutive months without the permission of the President of the Tribunal; or

(b)

has become bankrupt or made an arrangement with his creditors; or

(c)

is incapacitated by physical or mental illness; or

(d)

is otherwise unable or unfit to discharge the functions of a member;

the Lord Chancellor may declare his office as a member to be vacant and shall notify the declaration in such manner as the Lord Chancellor thinks fit; and thereupon the office shall become vacant.

(2)

In the application of this paragraph to Scotland for the references in sub-paragraph (1)(b) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively references to a member’s estate having been sequestrated and to a member’s having made a trust deed for behoof of his creditors or a composition contract.

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2); S.I. 1998/1658, art. 2, Sch. 1

Notes on Schedule 11

Textual amendments

F1: Sch. 11 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and subject to an amendment (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2, Sch. 1