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The Judicial Appointments Commission |
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1 | The Commission consists of— |
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(b) | 14 other Commissioners, |
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| appointed by Her Majesty on the recommendation of the Minister. |
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2 (1) | The chairman must be a lay member. |
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(2) | Of the other Commissioners— |
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(a) | 5 must be judicial members, |
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(b) | 2 must be professional members, |
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(c) | 5 must be lay members, |
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(d) | 1 other must be the holder of an office listed at Part 3 of Schedule 12, |
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(e) | 1 other must be a lay justice member. |
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(3) | Of the Commissioners appointed as judicial members— |
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(a) | 1 must be a Lord Justice of Appeal; |
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(b) | 1 must be a puisne judge of the High Court; |
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(c) | 1 other must be either a Lord Justice of Appeal or a puisne judge of |
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(d) | 1 must be a circuit judge; |
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(e) | 1 must be a district judge of a county court, a District Judge |
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(Magistrates’ Courts) or a person appointed to an office under |
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section 89 of the Supreme Court Act 1981 (c. 54). |
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(4) | Of the Commissioners appointed as professional members— |
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(a) | 1 must be a practising barrister in England and Wales; |
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(b) | 1 must be a practising solicitor of the Supreme Court of England and |
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(5) | But a Commissioner is not to be taken into account for the purposes of any |
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paragraph of sub-paragraph (2) unless he was appointed for the purposes of |
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3 | A person must not be appointed as a Commissioner if he is employed in the |
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civil service of the State. |
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4 (1) | A judicial member is a person who holds an office listed in paragraph 2(3) |
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and who is not a practising lawyer. |
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(2) | A professional member is a person who is— |
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(a) | a practising barrister in England and Wales, or |
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(b) | a practising solicitor of the Supreme Court of England and Wales. |
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(3) | A lay member is a person resident in England or Wales who has never held |
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a listed judicial office or been a practising lawyer. |
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(4) | A lay justice member is a justice of the peace who— |
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(a) | holds no other listed judicial office, or no other except that of General |
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(b) | is not a practising barrister in England and Wales, and |
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(c) | is not a practising solicitor of the Supreme Court of England and |
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5 (1) | The Minister may by order amend any of the following provisions by |
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substituting a number for the number for the time being specified there— |
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(b) | any paragraph of paragraph 2(2); |
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(c) | any paragraph of paragraph 2(3); |
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(d) | any paragraph of paragraph 2(4). |
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(2) | That is subject to the following— |
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(a) | the total of the numbers in paragraph 2(2) must be the number in |
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(b) | the total of the numbers in paragraph 2(3) must be the number in |
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(c) | the total of the numbers in paragraph 2(4) must be the number in |
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(d) | the number substituted in any provision must not be less than the |
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number specified in that provision as originally enacted. |
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(3) | The Minister may not make an order under this paragraph without the |
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agreement of the Lord Chief Justice. |
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“judicial member” has the meaning given by paragraph 4(1); |
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“lay member” has the meaning given by paragraph 4(3); |
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“listed judicial office” means an office listed in Schedule 12; |
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“practising” is to be read in accordance with sub-paragraphs (2) and (3); |
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“practising lawyer” means— |
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(a) | a practising barrister in England and Wales; |
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(b) | a practising solicitor of the Supreme Court of England and |
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(c) | a practising advocate in Scotland; |
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(d) | a practising solicitor in Scotland; |
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(e) | a practising member of the Bar of Northern Ireland; |
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(f) | a practising solicitor of the Supreme Court of Judicature of |
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“professional member” has the meaning given by paragraph 4(2); |
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“senior Head of Division” means— |
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(a) | the Master of the Rolls; |
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(b) | if that office is vacant, the President of the Queen’s Bench |
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(c) | if both of those offices are vacant, the President of the Family |
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(d) | if all of those offices are vacant, the Chancellor of the High |
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(2) | A barrister in England and Wales, an advocate in Scotland or a member of |
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the Bar of Northern Ireland is practising if he is— |
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(b) | employed to give legal advice, or |
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(c) | providing legal advice under a contract for services. |
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(3) | A solicitor of the Supreme Court of England and Wales, a solicitor in |
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Scotland or a solicitor of the Supreme Court of Judicature of Northern |
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Ireland is practising if he is— |
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(b) | employed to give legal advice, or |
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(c) | providing legal advice under a contract for services. |
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Selection of commissioners |
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7 (1) | The Minister may recommend a person for appointment as a Commissioner |
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for the purposes of paragraph (a), (b) or (c) of paragraph 2(3) only if— |
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(a) | he has requested the Judges’ Council to select a person to be |
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appointed for the purposes of that paragraph; |
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(b) | the person has been selected by the Judges’ Council in accordance |
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(c) | the requirements of sub-paragraph (7) have been complied with. |
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(2) | The Minister may recommend a person for appointment as a Commissioner |
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for the purposes of paragraph 1(a), any other paragraph of paragraph 2(3), |
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any paragraph of paragraph 2(4) or any of paragraphs (c) to (e) of paragraph |
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(a) | he has requested a panel appointed by him to select a person or (as |
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the panel may determine) more than one person for the purposes of |
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such a recommendation, and |
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(b) | the person he recommends is the person or one of the persons |
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(3) | Subject to sub-paragraph (1), the Minister must recommend for |
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appointment any person selected by the Judges’ Council. |
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(4) | A request under this paragraph must specify the provision for the purposes |
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of which the appointment is to be made. |
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(5) | A request may specify the time within which a person is to be selected. |
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(6) | The Minister may appoint different panels for the purposes of different |
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(7) | A selection by the Judges’ Council must be notified to the Minister in a |
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report which gives reasons for the selection. |
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(8) | In this paragraph references to the Judges’ Council are to be read as |
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references to a body designated for the purposes of this Schedule by the |
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8 (1) | A panel appointed under paragraph 7(2) must have four members (subject |
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(2) | The first member must be a person selected by the Minister with the |
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agreement of the Lord Chief Justice (or, if the office of Lord Chief Justice is |
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vacant, with the agreement of the senior Head of Division). |
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(3) | That member is to be chairman of the panel. |
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(4) | The second member must be the Lord Chief Justice or his nominee, unless |
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the office of Lord Chief Justice is vacant. |
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(5) | If that office is vacant, the second member must be the senior Head of |
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(6) | The third member must be a person nominated by the first member. |
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(7) | The chairman of the Commission must also be a member of the panel unless |
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his office is vacant or is the office for which a recommendation is to be made. |
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(8) | A person must not be a member of the panel if he is employed in the civil |
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(9) | A person must not be the first member if he is one of the following— |
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(b) | a member of the staff of the Commission; |
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(d) | the holder of a listed judicial office; |
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(e) | a member of the House of Commons. |
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(10) | A person must not be the third member if he is a member of the House of |
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(11) | The Minister before selecting a person to be appointed as the first member, |
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and the Lord Chief Justice or Head of Division before agreeing to the |
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selection, must consider these questions— |
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(a) | whether the person has exercised functions that appear to him to be |
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of a judicial nature and such as to make the person inappropriate for |
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(b) | whether any past service in a capacity listed in sub-paragraph (8) or |
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(9) appears to him to make the person inappropriate for the |
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(c) | whether the extent of any present or past party political activity or |
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affiliations appears to him to make the person inappropriate for the |
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(12) | The first member must consider the same questions before nominating a |
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person to be appointed as the third member. |
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9 | The Minister may pay to a member of a panel appointed under paragraph |
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7(2) such remuneration, fees or expenses as he may determine. |
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10 (1) | This paragraph applies to selection by a panel appointed under paragraph |
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(2) | Before selecting a person the panel must consider— |
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(a) | in the case of a selection for the purposes of paragraph 2(4)(a), any |
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views expressed by the General Council of the Bar; |
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(b) | in the case of a selection for the purposes of paragraph 2(4)(b), any |
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views expressed by the Law Society. |
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(3) | Before selecting a person for appointment as the chairman or one of the other |
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lay members, the panel must consider— |
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(a) | whether the person has exercised functions that appear to the panel |
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to be of a judicial nature and such as to make the person |
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inappropriate for the appointment; |
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(b) | whether any past service in a capacity listed in paragraph 8(9) or as |
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a person employed in the civil service of the state appears to the |
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panel to make the person inappropriate for the appointment; |
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(c) | whether the extent of any present or past party political activity or |
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affiliations appears to the panel to make the person inappropriate for |
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(4) | The panel must select persons for appointment as lay members (including |
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the chairman) with a view to securing, so far as practicable, that the persons |
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so appointed include at any time at least one who appears to the panel to |
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have special knowledge of Wales. |
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11 (1) | The Commissioner who is the most senior of the persons appointed as |
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judicial members is vice-chairman of the Commission. |
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(2) | For the purposes of sub-paragraph (1)— |
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(a) | seniority is by office held at the time (first Lord Justice of Appeal, |
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then puisne judge, then circuit judge, then the offices mentioned in |
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(b) | between two holders of one of those offices, the person who has |
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served longest in the office (over one or more periods) is the senior. |
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(3) | In the absence of the chairman, the vice-chairman may exercise the |
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chairman’s functions other than under the following provisions— |
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Term of office etc. of Commissioners |
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12 (1) | A Commissioner must be appointed for a fixed period. |
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(2) | But an appointment is subject to paragraphs 13 to 15. |
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(a) | may not be appointed as a Commissioner for more than 5 years at a |
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(b) | may not hold office as a Commissioner for periods (whether or not |
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consecutive) totalling more than 10 years. |
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14 (1) | The chairman ceases to be a Commissioner if he ceases to be chairman or |
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ceases to be a lay member. |
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(2) | Any other Commissioner ceases to be a Commissioner— |
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(a) | in the case of a judicial or professional member, on the earlier of |
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ceasing to be such a member, and ceasing to fall within the |
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paragraph of paragraph 2(3) or 2(4) for the purposes of which he was |
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(b) | in any other case, on ceasing to fall within the paragraph of |
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paragraph 2(2) for the purposes of which he was appointed. |
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(3) | But if (before or after such an event) the Minister directs in a particular case |
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that sub-paragraph (2) is to be disregarded for a period specified in the |
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direction, the person continues to be a Commissioner until the end of that |
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period, subject to the terms of his appointment and the other provisions of |
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(4) | A Commissioner ceases to be a Commissioner if he becomes employed in the |
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civil service of the State. |
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15 (1) | A Commissioner may at any time— |
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(a) | resign his office by notice in writing addressed to Her Majesty; |
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(b) | be removed from office by Her Majesty on the recommendation of |
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(2) | The Minister may not under sub-paragraph (1) recommend that a |
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Commissioner be removed from office unless he is satisfied that the |
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(a) | has failed without reasonable excuse to discharge the functions of his |
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office for a continuous period of at least six months, |
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(b) | has been convicted of an offence, |
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(c) | is an undischarged bankrupt, or |
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(d) | is otherwise unfit to hold his office or unable to discharge its |
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(3) | A recommendation on the ground mentioned in sub-paragraph (2)(a) may |
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not be made more than 3 months after the end of the period mentioned there. |
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Term of office etc. of chairman |
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16 | If the chairman ceases to be a Commissioner, he ceases to be chairman. |
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Salary, allowances and expenses |
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17 (1) | The Commission may— |
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(a) | pay to each Commissioner such remuneration, fees or expenses as |
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the Minister may determine; |
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(b) | pay, or make provision for the payment of, such pension, allowance |
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or gratuity as the Minister may determine to or in respect of a person |
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who is or has been a Commissioner. |
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(a) | a person ceases to hold office as a Commissioner other than on the |
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expiry of his term of appointment, and |
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(b) | it appears to the Minister that there are special circumstances that |
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would warrant the payment of compensation to him, |
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| the Minister may direct the Commission to make to or in respect of that |
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person a payment of such amount as the Minister may determine. |
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18 | The Minister may issue and from time to time revise a code of conduct to be |
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observed by the Commissioners. |
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Status of the Commission and its property |
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19 (1) | The Commission is not to be regarded— |
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(a) | as the servant or agent of the Crown, or |
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(b) | as enjoying any status, immunity or privilege of the Crown. |
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(2) | The property of the Commission is not be regarded as property of, or |
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property held on behalf of, the Crown. |
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20 (1) | The Commission may do anything calculated to facilitate, or incidental or |
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conducive to, the carrying out of any of its functions. |
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(2) | But the Commission may not borrow money except with the agreement of |
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(3) | Nothing in this Schedule is to be read as limiting the generality of sub- |
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21 (1) | The Commission may establish committees. |
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(2) | A committee of the Commission may establish sub-committees. |
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(3) | A person may not be a member of a committee or sub-committee unless he |
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(4) | The Commission may delegate functions to a committee, and a committee |
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may delegate functions (including functions delegated to them) to a sub- |
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(5) | The function of making a selection under this Part of this Act may be |
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delegated only to a committee or sub-committee whose members include at |
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least one judicial member and one lay member. |
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(6) | In sub-paragraphs (2) to (5) references to a committee do not include |
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references to a selection panel appointed under section 61 or 68. |
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Procedure and proceedings |
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22 (1) | The Commission may regulate its own procedure, and the procedure of its |
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committees and sub-committees, including quorum. |
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(2) | But the quorum of a committee or sub-committee to which the |
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Commission’s function of making a selection under this Part of this Act has |
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been delegated must not be less than 3. |
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