Regulation 6 Amendments to the 1999 Regulations

For regulation 16 there shall be substituted the following regulation—

“16

(1)

Where the Lord Chancellor has ordered the chairman to vacate his office in accordance with section 38(3)(b)(i) the committee shall, at its next meeting, appoint a different chairman.

(2)

Where a vacancy on the committee occurs because the Lord Chancellor has—

(a)

ordered specified members of the committee to vacate their office in accordance with section 38(3)(b)(ii); or

(b)

ordered that a person cease to be a member of the committee or cease to be a member for a specified period in accordance with section 39B(2)(a)^f1,

the selection panel may select different members to fill the vacancies, but need not do so except to the extent that the committee would otherwise be inquorate.

(3)

Where the Lord Chancellor replaces all the members of the committee with persons nominated by him in accordance with section 38(4)(b), the selection panel shall select a new committee, with different members from those being replaced, to take office after the expiry of the period of office of the nominees.

(4)

Subject to paragraph (5), regulation 9(2) shall apply—

(a)

to a justice appointed to replace a member under paragraph (2); and

(b)

to a justice appointed to be a member of the new committee under paragraph (3) as if each justice were appointed in the place of an individual member of the committee replaced by the Lord Chancellor.

(5)

If the Lord Chancellor has ordered that a member of the committee cease to be a member for a specified period in accordance with section 39B(2)(a), the replacement member shall serve only for that specified period.

(6)

Any period of office served by a justice as a nominee of the Lord Chancellor under section 38(4)(b) shall not count towards the maximum periods of service set out in regulations 8 and 10.

(7)

A person who—

(a)

has been ordered to vacate office as chairman or as a member of a committee under section 38(3) or (4); or

(b)

is the subject of an order under section 39B(2)(a) that he cease to be a member of a committee or cease to be a member for a specified period,

shall be deemed to have served for the whole period for which he was appointed as chairman or member of the committee, as the case may be, for the purpose of calculating the maximum periods of service set out in regulations 8 and 10.

(8)

Where the Lord Chancellor has ordered that a member of the selection panel cease to be a member of the selection panel or cease to be a member for a specified period in accordance with section 39B(2)(a), the name of a replacement representative from the bench that nominated the representative being replaced may be notified to the clerk to the selection panel, but there is no obligation to do this unless the selection panel would otherwise be inquorate.

(9)

Subject to paragraph (10), regulation 5(15) shall apply to a member of the selection panel appointed to replace a member under paragraph (8).

(10)

If the Lord Chancellor has ordered that a member of the selection panel cease to be a member for a specified period in accordance with section 39B(2)(a), the replacement member shall serve only for that specified period.”