ch2300s03a
01-08-00 21:45:47
ACT Unit: pag2
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
SCHEDULE 3
101
Section 65.
The Tribunal
Membership of the Tribunal
1.—(1) A person shall not be appointed as a member of the Tribunal unless
he is—
(a) a person who holds or has held a high judicial office (within the meaning
1876 c. 59.
of the Appellate Jurisdiction Act 1876);
(b) a person who has a ten year general qualification, within the meaning of
1990 c. 41.
section 71 of the Courts and Legal Services Act 1990;
(c) an advocate or solicitor in Scotland of at least ten years’ standing; or
(d) a member of the Bar of Northern Ireland or solicitor of the Supreme
Court of Northern Ireland of at least ten years’ standing.
(2) Subject to the following provisions of this paragraph, the members of the
Tribunal shall hold office during good behaviour.
(3) A member of the Tribunal shall vacate office at the end of the period of five
years beginning with the day of his appointment, but shall be eligible for
reappointment.
(4) A member of the Tribunal may be relieved of office by Her Majesty at his
own request.
(5) A member of the Tribunal may be removed from office by Her Majesty on
an Address presented to Her by both Houses of Parliament.
(6) If the Scottish Parliament passes a resolution calling for the removal of a
member of the Tribunal, it shall be the duty of the Secretary of State to secure
that a motion for the presentation of an Address to Her Majesty for the removal
of that member, and the resolution of the Scottish Parliament, are considered by
each House of Parliament.
President and Vice-President
2.—(1) Her Majesty may by Letters Patent appoint as President or VicePresident of the Tribunal a person who is, or by virtue of those Letters will be, a
member of the Tribunal.
(2) A person shall not be appointed President of the Tribunal unless he holds
or has held a high judicial office (within the meaning of the Appellate Jurisdiction
Act 1876).
(3) If at any time—
(a) the President of the Tribunal is temporarily unable to carry out any
functions conferred on him by this Schedule or any rules under section
69, or
(b) the office of President of the Tribunal is for the time being vacant,
the Vice-President shall carry out those functions.
(4) A person shall cease to be President or Vice-President of the Tribunal if he
ceases to be a member of the Tribunal.