OpenLegislation

Regulation 16 Exercise of default powers

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Regulation “the 1994 Act” means the Police and Magistrates' Courts Act 1994.

(2)

Where the Lord Chancellor has ordered the chairman to vacate his office in accordance with section 88(3)(b)(i) of the 1994 Act, the committee shall, at its next meeting, appoint a different chairman.

(3)

Where the Lord Chancellor has ordered specified members of the committee to vacate their office in accordance with section 88(3)(b)(ii) of the 1994 Act 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.

(4)

Where the Lord Chancellor replaces all the members of the committee with persons nominated by him in accordance with section 88(4)(b) of the 1994 Act, 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.

(5)

Regulation 9(2) shall apply—

(a)

to a justice appointed to replace a member under paragraph (3); and

(b)

to a justice appointed by the selection panel under paragraph (4) as if each justice were appointed in the place of an individual member of the committee replaced by the Lord Chancellor.

(6)

Any period of office served by a justice as a nominee of the Lord Chancellor under section 88(4)(b) of the 1994 Act shall not count towards the maximum periods of service set out in regulations 8 and 10.

(7)

A person ordered to vacate office as chairman or as a member of a committee under section 88(3) or (4) of the 1994 Act shall be deemed to have served for a full term 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.