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Special Immigration Appeals Commission Act 1997

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This is the original version (as it was originally enacted).

Section 1.

SCHEDULE 1The Commission

Members

1(1)The Special Immigration Appeals Commission shall consist of such number of members appointed by the Lord Chancellor as he may determine.

(2)A member of the Commission shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(3)A member of the Commission may resign his office at any time by notice in writing to the Lord Chancellor.

Chairman

2The Lord Chancellor shall appoint one of the members of the Commission to be its chairman.

Payments to members

3(1)The Lord Chancellor may pay to the members of the Commission such remuneration and allowances as he may determine.

(2)The Lord Chancellor may, if he thinks fit in the case of any member of the Commission pay such pension, allowance or gratuity to or in respect of the member, or such sums towards the provision of such pension, allowance or gratuity, as he may determine.

(3)If a person ceases to be a member of the Commission and it appears to the Lord Chancellor that there are special circumstances which make it right that the person should receive compensation, he may pay to that person a sum of such amount as he may determine.

Proceedings

4The Commission shall sit at such times and in such places as the Lord Chancellor may direct and may sit in two or more divisions.

5The Commission shall be deemed to be duly constituted if it consists of three members of whom—

(a)at least one holds or has held high judicial office (within the meaning of the [1876 c. 59.] Appellate Jurisdiction Act 1876), and

(b)at least one is or has been—

(i)appointed as chief adjudicator under paragraph 1 of Schedule 5 to the [1971 c. 77.] Immigration Act 1971, or

(ii)a member of the Immigration Appeal Tribunal qualified as mentioned in paragraph 7 of that Schedule.

6The chairman or, in his absence, such other member of the Commission as he may nominate, shall preside at sittings of the Commission and report its decisions.

Staff

7The Lord Chancellor may appoint such officers and servants for the Commission as he thinks fit.

Expenses

8The Lord Chancellor shall defray the remuneration of persons appointed under paragraph 7 above and such expenses of the Commission as he thinks fit.

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