Armed Forces Act 1991

Section 10.

SCHEDULE 1 E+W+S+N.I. Assessors of Compensation for Miscarriages of Justice

1 A person may only be appointed to be an assessor for the purposes of section 10 of this Act if he is— E+W+S+N.I.

(a) a person who has a 7 year general qualification, within the meaning of section 71 of the M1 Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland;

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;

(d) a person who holds or has held judicial office in any part of the United Kingdom; or

(e) a member (whether the chairman or not) of the Criminal Injuries Compensation Board.

Annotations:

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Marginal Citations

M1 1990 c. 41.

2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment. E+W+S+N.I.

3 A person shall vacate office as an assessor— E+W+S+N.I.

(a) if he ceases to be qualified for appointment as an assessor, 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 section 10 of this Act that he should continue to hold office.

4 A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect. E+W+S+N.I.

5 Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that— E+W+S+N.I.

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

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

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

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

6 The power conferred by paragraph 5 above shall only be exercisable,— E+W+S+N.I.

(a) in the case of a person who qualifies for appointment under paragraph 1(a) or paragraph 1(c) above, with the consent of the Lord Chancellor;

(b) in the case of a person who qualifies for appointment under paragraph 1(b) above, with the consent of the Lord President of the Court of Session;

(c) in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and

(d) in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.

7 An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine. E+W+S+N.I.