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Criminal Justice Act 1988

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This is the original version (as it was originally enacted).

2(1)The Board shall consist of such number of members as the Secretary of State thinks fit to appoint, and he may appoint one of them as chairman.

(2)A person may only be appointed to be a member of the Board if he is a barrister practising in England and Wales, an advocate practising in Scotland,a solicitor practising in England and Wales or Scotland or a person who holds or has held judicial office in England and Wales or Scotland.

(3)Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or chairman of the Board in accordance with the terms of his appointment.

(4)A person shall not hold office as a member of the Board for more than five years under any one appointment, but a person who ceases to be a member shall be eligible for reappointment.

(5)A person shall vacate office as a member of the Board—

(a)if he ceases to be qualified for appointment to that office; or

(b)on attaining the age of 72;

unless the Secretary of State considers that it is in the interests of the efficient operation of the compensation scheme that he should continue to hold office.

(6)A person may at any time resign his office as a member or as chairman of the Board by giving the Secretary of State notice in writing to that effect.

(7)Subject to sub-paragraph (8) below, the Secretary of State may at any time remove a person from office as a member of the Board if satisfied that—

(a)he has been convicted of a criminal offence;

(b)he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;

(c)he is incapacitated by physical or mental illness; or

(d)he is otherwise unable or unfit to perform his duties.

(8)The power conferred by sub-paragraph (7) above shall only be exercisable—

(a)in the case of a member who practises or has practised as a barrister or solicitor in England and Wales, or who holds or has held judicial office there, with the consent of the Lord Chancellor; and

(b)in the case of a member who practises or has practised as an advocate or solicitor in Scotland, or who holds or has held judicial office there, with the consent of the Lord President of the Court of Session.

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