Regulation 3 Appointment of members

for paragraphs (1) to (4) there is substituted:

“(1)

The members of a tribunal established by Regulation 2, subject to paragraphs (2), (2A), (2B) and (3) below, are to be appointed by:

(a)

the councils prescribed in relation to that tribunal in column 4 of Schedule 1 (“the councils”) and the president jointly, and

(b)

the National Assembly for Wales, after consultation with the president of the tribunal.

(2)

The maximum number of members that can be appointed by the councils and the president is the number specified in relation to that tribunal in column 3 of Schedule 1 and the maximum number of members that can be appointed by a council and the president is the number specified in relation to that council in column 5 of Schedule 1.

(2A)

The minimum number of members that must be appointed by the councils and the president is two-thirds of the number specified in relation to that tribunal in column 3 of Schedule 1 and the minimum number of members that must be appointed by a council and the president is two-thirds of the number specified in relation to that council in column 5 of Schedule 1.

(2B)

The National Assembly for Wales must appoint a minimum of one member for each of the tribunals named in column 2 of Schedule 1.

(3)

Where at the expiry of 3 months from a vacancy occurring, a council and the president have failed to make an appointment in accordance with paragraph (1), that appointment may be made by the National Assembly for Wales after consultation with the president.

(4)

No appointment under paragraph (1) shall be valid if its effect would be that the number of members of the tribunal, appointed by that council and the president, who are members of the council exceed one third of the total number of members of the tribunal appointed by that council and the president.”.

in paragraph 5, for “an appointing council” substitute “a council”.