Office of Public Sector Information
SCHEDULE 6 continued
35 (1) In Schedule 8 to the [1983 c. 55.] Value Added Tax Act 1983, in paragraph 3, for sub-paragraphs (1) and (1A) (President of Value Added Tax Tribunals to vacate office at the end of the completed year of service in which he attains the age of 72, but with power to continue his appointment up to the age of 75) there shall be substituted—
“(1) The President—
(a) may resign his office at any time; and
(b) shall vacate his office on the day on which he attains the age of 70;
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
(2) In paragraph 7 of that Schedule, for sub-paragraphs (3C) and (3D) (which make similar provision in relation to a chairman of value added tax tribunals) there shall be substituted—
“(3C) A chairman of value added tax tribunals—
(a) may resign his office at any time; and
(b) shall vacate his office on the day on which he attains the age of 70;
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
36 (1) In section 4 of the [1970 c. 9.] Taxes Management Act 1970 (Special Commissioners) after subsection (3) there shall be inserted—
“(3A) A Special Commissioner—
(a) may resign his office at any time; and
(b) shall vacate his office on the day on which he attains the age of seventy years;
but paragraph (b) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
(2) In section 4A of that Act, at the end of subsection (2) (which provides that a person shall not be qualified for appointment as a deputy Special Commissioner unless he is qualified for appointment as a Special Commissioner) there shall be added the words “(and, accordingly, no appointment of a person as a deputy Special Commissioner shall be such as to extend beyond the day on which he attains the age of seventy years, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993)”.
37 In Part II of Schedule 5 to the [1971 c. 77.] Immigration Act 1971 (the Immigration Appeal Tribunal) in paragraph 8 (terms of appointment) at the beginning of sub-paragraph (1) there shall be inserted the words “Subject to the following provisions of this paragraph” and at the end of that paragraph there shall be added—
“(3) A member of the Tribunal shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
38 In Part I of Schedule 5 to the Immigration Act 1971 (immigration adjudicators) in paragraph 2 (terms of appointment) at the beginning of sub-paragraph (1) there shall be inserted the words “Subject to the following provisions of this paragraph” and at the end of that paragraph there shall be added—
“(3) An adjudicator shall vacate his office on the day on which he attains the age of seventy, but subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
39 In the Schedule to the [1943 c. 39.] Pensions Appeal Tribunals Act 1943, for paragraph 2 (appointment, remuneration and removal of members) there shall be substituted—
“2 (1) The members of the Tribunals shall be appointed by the Lord Chancellor.
(2) There shall be paid to them such remuneration as the Treasury may determine.
(3) The Lord Chancellor may, if he thinks fit, remove any member of such a Tribunal.
(4) Subject to sub-paragraph (3) above and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75), a member of such a Tribunal shall vacate his office on the day on which he attains the age of seventy years.”
40 In Schedule 2 to the [1983 c. 20.] Mental Health Act 1983 (which makes provision with respect to Mental Health Review Tribunals), at the beginning of paragraph 2 there shall be inserted the words “Subject to paragraph 2A below,” and after that paragraph there shall be inserted—
“2A A member of a Mental Health Review Tribunal shall vacate office on the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).”
41 In Schedule 6 to the [1986 c. 60.] Financial Services Act 1986, in paragraph 1 (which includes provision concerning the term of office of persons appointed to the panel from which persons are nominated to serve on the Financial Services Tribunal) at the beginning of sub-paragraph (1) there shall be inserted the words “Subject to the following provisions of this paragraph,” and after sub-paragraph (2) there shall be added—
“(3) A member of the panel appointed by the Lord Chancellor shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
42 (1) Schedule 3 to the [1971 c. 38.] Misuse of Drugs Act 1971 (which includes provision in relation to tribunals and advisory bodies established for the purposes of sections 14 and 15 of that Act) shall be amended in accordance with this paragraph.
(2) In paragraph 1 (membership of tribunals) after sub-paragraph (2) there shall be inserted—
“(2A) The chairman of a tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
(3) In paragraph 13 (membership of advisory bodies) after sub-paragraph (1) there shall be inserted—
“(1A) The chairman of an advisory body shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
43 (1) In section 3 of the [1976 c. 33.] Restrictive Practices Court Act 1976 (appointed members of the Restrictive Practices Court), in subsection (2)—
(a) at the beginning, there shall be inserted the words “Subject to subsection (2A) below,”; and
(b) the words “(not less than three years)” shall cease to have effect.
(2) After that subsection there shall be inserted—
“(2A) No appointment of a person to be an appointed member shall be such as to extend beyond the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years);”.
44 Section 706 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (appointment of a tribunal to hear appeals in connection with the cancellation of tax advantages from certain transactions in securities) shall be numbered as subsection (1) of that section, and at the end of that section there shall be added—
“(2) A person appointed as chairman or other member of the tribunal shall vacate his office on the day on which he attains the age of 70; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
45 In Schedule 11 to the [1986 c. 5.] Agricultural Holdings Act 1986 (which makes provision in relation to the determination by arbitration of matters arising under that Act), after sub-paragraph (5) of paragraph 1 there shall be added—
“(6) A member of the panel constituted for the purposes of this Schedule shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
46 (1) Schedule 9 to the [1947 c. 48.] Agriculture Act 1947 (constitution etc of Agricultural Land Tribunals) shall be amended in accordance with this paragraph.
(2) In paragraph 13 (which relates to the chairmen of such Tribunals), in sub-paragraph (2)—
(a) at the beginning there shall be inserted the words “Subject to sub-paragraph (2A) of this paragraph,”; and
(b) for the words “three years” there shall be substituted “such period as may be specified in the terms of his appointment”.
(3) After that sub-paragraph there shall be inserted—
“(2A) No appointment of a person to be the chairman shall be such as to extend beyond the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
(4) Paragraph 14 (which provides for there to be a panel of deputy-chairmen for each such Tribunal) shall be numbered as sub-paragraph (1) of that paragraph, and at the end of that paragraph there shall be added—
“(2) A member of the panel of deputy-chairmen shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
(5) In paragraph 15 (which provides for there to be panels of persons representing farmers' and landowners' interests), after sub-paragraph (1) there shall be inserted—
“(1A) A member of either of the panels drawn up under sub-paragraph (1) of this paragraph shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
47 In section 42 of the [1977 c. 3.] Aircraft and Shipbuilding Industries Act 1977, at the beginning of subsection (5) (which makes provision in relation to the terms of appointment of the members of the Aircraft and Shipbuilding Industries Arbitration Tribunal) there shall be inserted the words “Subject to subsection (5A) below,” and after that subsection there shall be inserted—
“(5A) No appointment of a person to be the president of the arbitration tribunal shall be such as to extend beyond the day on which he attains the age of 70; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
48 In section 29 of the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963 (appointment of a tribunal to hear appeals concerning bookmakers' levy) at the end of subsection (2) there shall be added the words “, but subject, in the case of the chairman, to subsection (2A) of this section”, and after that subsection there shall be inserted—
“(2A) The chairman of any such tribunal shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
49 In section 146 of the [1988 c. 48.] Copyright, Designs and Patents Act 1988 (membership of the Copyright Tribunal) after subsection (3) there shall be inserted—
“(3A) A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of 70 years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).”
50 In Schedule 2 to the [1984 c. 35.] Data Protection Act 1984, in paragraph 8 (tenure of office of members of the Data Protection Tribunal), at the beginning of sub-paragraph (1) there shall be inserted the words “Subject to the following provisions of this paragraph,” and at the end of that paragraph there shall be added—
“(3) A person who is the chairman or a deputy chairman of the Tribunal shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
51 In Schedule 6 to the [1944 c. 31.] Education Act 1944 (constitution etc of Independent Schools Tribunals) at the beginning of paragraph 3 there shall be inserted the words “Subject, in the case of a member of the legal panel, to paragraph 3A below,” and after that paragraph there shall be inserted—
“3A No appointment of a person to be a member of the legal panel shall be such as to extend beyond the day on which he attains the age of seventy years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
52 (1) In Schedule 3 to the [1975 c. 68.] Industry Act 1975, paragraph 6 (terms of appointment of members of a tribunal established to arbitrate in a dispute arising under that Act) shall be numbered as sub-paragraph (1) of that paragraph.
(2) At the beginning of that sub-paragraph there shall be inserted the words “Subject, in the case of the president of a tribunal, to sub-paragraph (2) below”, and after that sub-paragraph there shall be added—
“(2) No appointment of a person to be the president of a tribunal shall be such as to extend beyond the day on which he attains the age of 70 years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).”
53 In regulation 26 of the [S.I. 1974/455.] National Health Service (Service Committees and Tribunal) Regulations 1974 (tenure of office of chairman of Tribunal constituted under section 46 of the [1977 c. 49.] National Health Service Act 1977) at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (1A),” and after that paragraph there shall be inserted—
“(1A) The chairman shall vacate his office on the day on which he attains the age of 70; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
54 In paragraph 1 of Schedule 4 to the [1964 c. 14.] Plant Varieties and Seeds Act 1964, at the beginning of sub-paragraph (2) (tenure of office of chairman of the Plant Varieties and Seeds Tribunal) there shall be inserted the words “Subject to sub-paragraph (2A) of this paragraph,” and after that sub-paragraph there shall be inserted—
“(2A) No appointment of a person to be the chairman of the Tribunal shall be such as to extend beyond the day on which he attains the age of 70; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).”
55 In section 40 of the [1984 c. 23.] Registered Homes Act 1984, at the beginning of subsection (6) (terms of appointment of persons to the panels of chairmen and other members of Registered Homes Tribunals), there shall be inserted the words “Subject, in the case of a person appointed to the legal panel, to subsection (7) below,” and after that subsection there shall be added—
“(7) No appointment of a person to the legal panel shall be such as to extend beyond the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
56 In Schedule 10 to the [1977 c. 42.] Rent Act 1977, after paragraph 2 (appointment by Lord Chancellor or Secretary of State of persons to constitute the panels from which the members of rent assessment committees are selected) there shall be inserted—
“2A No appointment of a person to any panel by the Lord Chancellor shall be such as to extend beyond the day on which the person attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of seventy-five years).”
57 (1) Paragraph 3 of Schedule 4 to the [1985 c. 67.] Transport Act 1985 (tenure of office of judicial members) shall be amended in accordance with the following provisions of this paragraph.
(2) In sub-paragraph (1) (judicial member to hold office until the end of the completed year of service in which he attains the age of 72 and then retire)—
(a) after the words “Subject to the following provisions of this paragraph” there shall be inserted the words “and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five)”; and
(b) for the words “the end of the completed year of service in which he attains the age of seventy-two” there shall be substituted the words “the day on which he attains the age of seventy”.
(3) Sub-paragraph (2) (which contains power to continue the member’s appointment up to the age of 75 and which is superseded by section 26(4) to (6) of this Act) shall cease to have effect.
58 In Schedule 2 to the [1949 c. 54.] Wireless Telegraphy Act 1949, in paragraph 1 (period for which members of the appeal tribunal established under section 9 of that Act are to hold office) after sub-paragraph (1) there shall be inserted—
“(1A) No appointment of a person to be the president of the appeal tribunal shall be such as to extend beyond the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).
(1B) No person shall be appointed after the day on which he attains the age of seventy years to act as one of the additional members of the appeal tribunal under subsection (5) of section 9 of this Act.”
59 In section 82 of the [1970 c. 36.] Merchant Shipping Act 1970 (appointment of wreck commissioners) after subsection (1) there shall be inserted—
“(1A) A wreck commissioner shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
60 In Schedule 2 to the [1985 c. 17.] Reserve Forces (Safeguard of Employment) Act 1985, paragraph 2 (composition of Reinstatement Committees) shall be numbered as sub-paragraph (1) of that paragraph and at the end of that paragraph there shall be added—
“(2) A member of the panel of persons referred to in sub-paragraph (1)(a) shall vacate his office on the day on which he attains the age of seventy years; but this sub-paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).”
61 In Schedule 3 to the [1954 c. 70.] Mines and Quarries Act 1954, at the end of paragraph 1 (constitution of tribunals to inquire into whether a certificate of competency granted under that Act should be withdrawn or suspended) there shall be added the words “; but no person shall be appointed—
(a) as the person, or one of the persons, constituting such a tribunal, or
(b) as an assessor to assist any such tribunal,
after the day on which he attains the age of seventy years.”
62 In rule 5 of the [S.I. 1982/1752.] Merchant Shipping (Section 52 Inquiries) Rules 1982 (appointment of courts of inquiry for the purposes of section 52 of the [1970 c. 36.] Merchant Shipping Act 1970) after paragraph (3) there shall be added—
“(4) A person shall not be appointed after the day on which he attains the age of 70 to assist with a section 52 inquiry as an assessor.”
63 In regulation 7 of the [S.I. 1979/432.] Vaccine Damage Payments Regulations 1979 (constitution etc of vaccine damage tribunals), in paragraph (1B), at the end of sub-paragraph (a) (which provides for the chairman of a vaccine damage tribunal in Northern Ireland to be appointed by the Secretary of State) there shall be added the words “but no person shall be so appointed after the day on which he attains the age of 70”.
64 In section 47 of the [1986 c. 53.] Building Societies Act 1986 (tribunals to hear appeals against certain decisions of the Building Societies Commission) after subsection (3) there shall be inserted—
“(3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.”
65 In section 28 of the [1987 c. 22.] Banking Act 1987 (tribunals to hear appeals against certain decisions of the Bank of England), after subsection (3) there shall be inserted—
“(3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.”
66 In paragraph 9 of Schedule 10 to the [1989 c. 29.] Electricity Act 1989, after sub-paragraph (2) (appointment of arbitrator etc to determine third parties' claims for compensation arising out of certain transfers of property etc) there shall be added—
“(3) A person shall not be appointed after the day on which he attains the age of 70 to be an arbitrator or arbiter under sub-paragraph (2) above.”
67 In Schedule 3 to the [1992 c. 38.] Education (Schools) Act 1992 (tribunals to hear appeals in relation to the registration of school inspectors), at the end of paragraph 1 there shall be added—
“(3) A person shall not be appointed after the day on which he attains the age of 70 to be the Chairman of a tribunal.”
68 In section 59 of the [1992 c. 40.] Friendly Societies Act 1992 (tribunal to hear appeals against certain decisions of the Friendly Societies Commission), after subsection (3) there shall be inserted—
“(3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.”
Judicial Pensions and Retirement Act 1993