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Plant Varieties Act 1997

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

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ChairmanE+W+S+N.I.

2(1)The Lord Chancellor shall appoint a person to be chairman of the Tribunal for the purpose of proceedings brought before them in England and Wales.E+W+S+N.I.

(2)A person may only be appointed under this paragraph if he has a seven year general qualification, within the meaning of section 71 of the M1Courts and Legal Services Act 1990.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

3(1)The Lord President of the Court of Session shall appoint a person to be chairman of the Tribunal for the purpose of proceedings brought before them in Scotland.E+W+S+N.I.

(2)A person may only be appointed under this paragraph if he is an advocate or solicitor in Scotland of at least 7 years’ standing.

4(1)The Lord Chief Justice of Northern Ireland shall appoint a person to be chairman of the Tribunal for the purpose of proceedings brought before them in Northern Ireland.E+W+S+N.I.

(2)A person may only be appointed under this paragraph if he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.

5(1)Subject to sub-paragraph (2) below, a person’s appointment under paragraph 2, 3 or 4 above shall be for such term as the appointing authority may determine before the person’s appointment.E+W+S+N.I.

(2)No appointment of a person under paragraph 2, 3 or 4 above shall be such as to extend beyond the day on which he attains the age of 70.

(3)A person who ceases to hold office under paragraph 2, 3 or 4 above shall be eligible for re-appointment.

(4)A person may resign his appointment under paragraph 2, 3 or 4 above by notice in writing to the appointing authority.

(5)The appointing authority may revoke a person’s appointment under paragraph 2, 3 or 4 above if satisfied that the person is unfit to continue in office or incapable of discharging his duties.

(6)Sub-paragraph (2) above is subject to section 26(4) to (6) of the M2Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

6(1)In the case of the temporary absence or inability to act of a person appointed under paragraph 2, 3 or 4 above, the appointing authority may appoint another person to act as deputy for that person.E+W+S+N.I.

(2)A person may only be appointed to act as deputy for a person appointed under paragraph 2, 3 or 4 above if he has the qualification required for appointment under that paragraph.

(3)A person appointed under sub-paragraph (1) above shall, when acting as deputy for a person appointed under paragraph 2, 3 or 4 above, have all the functions of that person.

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