SCHEDULE 11THE WELSH LANGUAGE TRIBUNAL
PART 2APPOINTMENT
The President
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1
The Welsh Ministers may appoint a person to be President only if the person satisfies—
a
the judicial-appointment eligibility condition on a 10-year basis, and
b
any other conditions applicable to the appointment that are specified in appointment regulations.
2
But the Welsh Ministers may not appoint a person to be President if the person is—
a
disqualified from membership of the Tribunal on grounds of employment or unsuitability, or
b
disqualified from appointment as President on grounds of age, previous appointment or previous dismissal.
3
Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 10-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).
Legally-qualified members
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1
The Welsh Ministers may appoint a person to be a legally-qualified member only if the person satisfies—
a
the judicial-appointment eligibility condition on a 5-year basis,
b
any other conditions applicable to the appointment that are specified in appointment regulations.
2
But the Welsh Ministers may not appoint a person to be a legally-qualified member if the person is—
a
disqualified from membership of the Tribunal on grounds of employment or unsuitability, or
b
disqualified from appointment as a legally-qualified member on grounds of age, previous appointment or previous dismissal.
3
Part 2 of the Tribunals, Courts and Enforcement Act 2007 applies for determining whether a person satisfies the judicial-appointment eligibility condition on a 5-year basis as if this paragraph were a statutory provision (within the meaning of section 50 of that Act).
Lay members
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1
The Welsh Ministers may appoint a person to be a lay member only if the person satisfies any conditions applicable to the appointment that are specified in appointment regulations.
2
But the Welsh Ministers may not appoint a person to be a lay member if the person—
a
is disqualified from membership of the Tribunal on grounds of employment or unsuitability,
b
is disqualified from appointment as a lay member on grounds of age, previous appointment or previous dismissal, or
c
may be appointed as a legally-qualified member of the Tribunal.
Remuneration etc
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1
The Welsh Ministers may pay remuneration to the members of the Tribunal.
2
The Welsh Ministers may pay allowances (including, but not limited to, travelling and subsistence allowances) and gratuities to the members of the Tribunal.
3
The Welsh Ministers may pay—
a
pensions to, or in respect of, persons who have been members of the Tribunal, and
b
amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Tribunal.
Terms of appointment
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1
A member of the Tribunal holds office subject to the terms of his or her appointment.
2
But that is subject to the other provisions of this Schedule.
Duration of appointment
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1
A person appointed to be a member of the Tribunal is a member (by virtue of that appointment) for 5 years.
2
But, if the Welsh Ministers think it necessary or expedient, they may appoint a person to be a legally-qualified or lay member of the Tribunal for a period of less than 5 years.
3
This paragraph is subject to Part 3 of this Schedule.
Appointment regulations
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1
The Welsh Ministers may, by regulations, make provision about the appointment of members of the Tribunal (“appointment regulations”).
2
Appointment regulations may, amongst other things, make provision about any of the following matters—
a
principles to be followed in making any appointment to the Tribunal;
b
the knowledge of, and proficiency in, the Welsh language which the members of the Tribunal must have.
3
Appointment regulations may, amongst other things—
a
apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or
b
make other provision relating to any such code.
4
Appointment regulations may, amongst other things, confer functions on the Welsh Ministers (as well as on any other person), including functions involving the exercise of a discretion.