OpenLegislation

Section 8 Concurrence required for removal of members of certain tribunals.C2C1

United Kingdom

(1)

Subject to subsection (2) of this section, no power of a Minister other than the Lord Chancellor to terminate a persons’s membership of any such tribunal as is specified in Schedule 1 to this Act, or of a panel constituted for the purposes of any such tribunal, shall be exercisable except with the consent of—

(a)

the Lord Chancellor, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, if the tribunal sits in all parts of the United Kingdom;

(b)

the Lord Chancellor and the Lord President of the Court of Session, if the tribunal sits in all parts of Great Britain;

(c)

the Lord Chancellor and the Lord Chief Justice of Northern Ireland, if the tribunal sits both in England and Wales and in Northern Ireland;

(d)

the Lord Chancellor, if the tribunal does not sit outside England and Wales;

(e)

the Lord President of the Court of Session, if the tribunal sits only in Scotland;

(f)

the Lord Chief Justice of Northern Ireland, if the tribunal sits only in Northern Ireland.

(2)

This section does not apply to any such tribunal as is specified in paragraph F12AF25AF3, 5B,F46AF56BF67AF710A17(a), 22, F823(e), 25(a), 29(b), 30, 35 F937A or 41(a) of Schedule 1 to this Act.

(3)

For the purposes of this section in its application to any such tribunal as is specified in paragraph 8(a) of Schedule 1 to this Act, an adjudicator who has sat only in England or Wales or who has sat only in Scotland or who has sat only in Northern Ireland shall be deemed to constitute a tribunal which does not sit outside England and Wales or which sits only in Scotland or which sits only in Northern Ireland, as the case may be.

Annotations

Textual amendments

F1

Words inserted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 4(1)

F2

Words inserted by Data Protection Act 1984 (c. 35, SIF 106), s. 3(6), Sch. 2 para. 13(a)

F3

Words inserted (prosp.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), 171(1), Sch. 8 para. 16, Sch. 15 para. 37(1)

F4

Words substituted by Estate Agents Act 1979 (c. 38, SIF 124:4), s. 24(1)(a)

F5

Words inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 96(6), Sch. 6 para. 6(a)

F6

Words repealed (E.W.S.) by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(4), Sch. 7

F7

Words inserted (E.W.S.) by Insolvency Act 1985 (c. 65, SIF 66), s. 8, Sch. 1 para. 5(2) (but s. 8 of the 1985 Act is repealed by Insolvency Act 1986 (c. 45, SIF 66), s. 438, Sch. 12)

F8

Words inserted by Social Security Act 1990 (c. 27, SIF 113:1), s. 12(2)(b)

F9

Words repealed (E.W.S.) by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(4), Sch. 7

Modifications

C1

S. 8 excluded by Civil Aviation Act 1982 (c. 16, SIF 9), s. 7(3)(b)

C2

S. 8 extended (E.W.S.) by Insolvency Act 1986 (c. 45, SIF 66), s. 396, Sch. 7 para. 1(2)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.