Intelligence Services Act 1994

Section 9.

SCHEDULE 2 U.K. THE TRIBUNAL

Constitution of the Tribunal U.K.

1 (1) The Tribunal shall consist of not less than three or more than five members each of whom shall be—

(a) a person who has a 10 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 of at least ten years’ standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.

(2) The members of the Tribunal shall be appointed by Her Majesty by Royal Warrant.

(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 re-appointment.

(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.

Commencement Information

I1 Sch. 2 para. 1 wholly in force at 15.12.1994; Sch. 2 para. 1 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 1 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Marginal Citations

M1 1990 c. 41.

President and Vice-President U.K.

2 (1) Her Majesty may by Royal Warrant appoint as President or Vice-President of the Tribunal a person who is, or by virtue of that Warrant will be, a member of the Tribunal.

(2) If at any time the President of the Tribunal is temporarily unable to carry out the functions of the President under this Schedule, the Vice-President shall carry out those functions.

(3) A person shall cease to be President or Vice-President of the Tribunal if he ceases to be a member of the Tribunal.

Commencement Information

I2 Sch. 2 para. 2 wholly in force at 15.12.1994; Sch. 2 para. 2 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 2 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Procedure U.K.

3 The functions of the Tribunal in relation to any complaint shall be capable of being carried out, in any place in the United Kingdom, by any two or more members of the Tribunal designated for the purpose by their President; and different members of the Tribunal may carry out functions in relation to different complaints at the same time.

Commencement Information

I3 Sch. 2 para. 3 wholly in force at 15.12.1994; Sch. 2 para. 3 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 3 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

4 (1) It shall be the duty of every member of the Intelligence Service or, as the case may be, GCHQ to disclose or give to the Tribunal such documents or information as they may require for the purpose of enabling them to carry out their functions under this Act.

(2) Subject to paragraph 6(2) below, the Tribunal shall carry out their functions under this Act in such a way as to secure that no document or information disclosed or given to the Tribunal by any person is disclosed without his consent to any complainant, to any person (other than the Commissioner) holding office under the Crown or to any other person; and accordingly the Tribunal shall not, except in reports under paragraph 6(1)(b) of Schedule 1 to this Act, give any reasons for a determination notified by them to a complainant.

(3) Subject to sub-paragraph (2) above, the Tribunal may determine their own procedure.

Commencement Information

I4 Sch. 2 para. 4 wholly in force at 15.12.1994; Sch. 2 para. 4 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 4 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Salaries and expenses U.K.

5 (1) The Secretary of State shall pay to the members of the Tribunal such remuneration and allowances as he may with the approval of the Treasury determine.

(2) The Secretary of State shall defray such expenses of the Tribunal as he may with the approval of the Treasury determine.

Commencement Information

I5 Sch. 2 para. 5 wholly in force at 15.12.1994; Sch. 2 para. 5 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 5 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Staff U.K.

6 (1) The Secretary of State may, after consultation with the Tribunal and with the approval of the Treasury as to numbers, provide the Tribunal with such staff as he thinks necessary for the proper discharge of their functions.

(2) The Tribunal may authorise any member of their staff to obtain any documents or information on the Tribunal’s behalf.

Commencement Information

I6 Sch. 2 para. 6 wholly in force at 15.12.1994; Sch. 2 para. 6 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 6 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Parliamentary disqualification U.K.

7 (1) In Part II of Schedule 1 to the M2 House of Commons Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted at the appropriate place—

“The Tribunal established under section 9 of the Intelligence Services Act 1994”

(2) The same amendment shall be made in Part II of Schedule 1 to the M3 Northern Ireland Assembly Disqualification Act 1975.

Commencement Information

I7 Sch. 2 para. 7 wholly in force at 15.12.1994; Sch. 2 para. 7 not in force at Royal Assent, see s. 12(2); Sch. 2 para. 7 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Marginal Citations

M2 1975 c. 24.

M3 1975 c. 25.