OpenLegislation

Section 6 Panel for appointment to appeal tribunalsI1I2I3C1

(1)

F1The Lord Chancellor shall constitute a panel of persons to act as members of appeal tribunals.

(2)

Subject to subsection (3) below, the panel shall be composed of F2persons appointed by the Lord Chancellor.

(3)

The panel shall include persons possessing such qualifications as may be prescribed by regulations made with the concurrence of the Lord Chancellor.

(3A)

F3As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.

(4)

The numbers of persons appointed to the panel, and the terms and conditions of their appointments, shall be determined by the Lord Chancellor with the consent of the Secretary of State.

(5)

A person may be removed from the panel by the Lord Chancellor on the ground of incapacity or misbehaviourF4; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge.

(5A)

F5The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

(6)

In this section “the Chief Medical Officer” means—

(a)

in relation to England, the Chief Medical Officer of the Department of Health;

(b)

in relation to Wales, the Chief Medical Officer of the Welsh Office; and

(c)

in relation to Scotland, the Chief Medical Officer of the F6Scottish Administration.

Annotations

Textual amendments

F1

S. 6 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), art. 1(1)(5), Sch. 3 para. 146

F2

Words in s. 6(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 272(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)

F3

S. 6(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 272(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)

F4

Words in s. 6(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 272(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)

F5

S. 6(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 272(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)

F6

Words in s. 6(6)(c) substituted (1.7.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), art. 1(2)(c), Sch. 3 Pt. I para. 4; S.I. 1998/3178, art. 3

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

Commencement

I1

S. 6(3) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.

I2

S. 6 in force at 1.6.1999 in so far as not already in force by S.I. 1999/1510, art. 2(c) (with arts. 48-51)

I3

S. 6 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)