OpenLegislation

Section 5 President of appeal tribunalsI1I2C1

(1)

F1The Lord Chancellor may, after consultation with the Lord Advocate, appoint a President of appeal tribunals.

(2)

A person is qualified to be appointed President if—

(a)

F2he satisfies the judicial-appointment eligibility condition on a 7-year basis; or

(b)

he is an advocate or solicitor in Scotland of at least F37 years' standing.

(3)

Schedule 1 to this Act shall have effect for supplementing this section.

Annotations

Textual amendments

F1

S. 5 omitted except in relation to S. for specified purposes (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1)(5), Sch. 3 para. 145

F2

S. 5(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 29(2)(a); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F3

Figure in s. 5(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 29(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

Modifications

C1

Ss. 5-7 applied (with modifications) (25.2.2005) by The Child Trust Funds (Non-tax Appeals) Regulations 2005 (S.I. 2005/191), regs. 1(1), 5

C2

S. 5(1): functions of Lord Advocate transferred (19.5.1999) by The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678), arts. 1, 2(1), Sch.

C3

S. 5(1): functions treated as exercisable in or as regards Scotland (30.6.1999) by The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), arts. 1, 3, Sch. 1 para. 19

C4

S. 5(1): functions transferred in relation to Scotland (1.7.1999) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Commencement

I1

S. 5 in force at 1.6.1999 by S.I. 1999/1510, art. 2(c) (with arts. 48-51)

I2

S. 5 in force at 29.11.1999 for further specified purposes by S.I. 1999/3178, art. 2(1)(b) (with art. 4, Schs. 21-23)

I3

S. 5(3) in force at 31.3.2000 for further specified purposes by S.I. 1999/3178, art. 2(3) (with art. 4, Schs. 21-23)