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Plant Varieties Act 1997

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This is the original version (as it was originally enacted).

Chairman

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.

(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 [1990 c. 41.] Courts and Legal Services Act 1990.

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.

(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.

(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.

(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 [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

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.

(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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