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SCHEDULES

Section 70

SCHEDULE 6E+W+S+N.I.The Pathogens Access Appeal Commission

Constitution and administrationE+W+S+N.I.

1(1)The Commission shall consist of members appointed by the Lord Chancellor.E+W+S+N.I.

(2)The Lord Chancellor shall appoint one of the members as chairman.

(3)A member shall hold and vacate office in accordance with the terms of his appointment.

(4)A member may resign at any time by notice in writing to the Lord Chancellor.

2The Lord Chancellor may appoint officers and servants for the Commission.E+W+S+N.I.

3The Lord Chancellor—E+W+S+N.I.

(a)may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants;

(b)may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances; and

(c)may pay sums in respect of expenses of the Commission.

ProcedureE+W+S+N.I.

4(1)The Commission shall sit at such times and in such places as the Lord Chancellor may direct [F1 after consulting the following—E+W+S+N.I.

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.]

.

(2)The Commission may sit in two or more divisions.

(3)At each sitting of the Commission—

(a)three members shall attend;

(b)one of the members shall be a person who holds or has held high judicial office (within the meaning of [F2Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council;] and

(c)the chairman or another member nominated by him shall preside and report the Commission’s decision.

[F3(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).

(5)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1).

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

Annotations:

Amendments (Textual)

F2Words in Sch. 6 para. 4(3)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 17 para. 31; S.I. 2009/1604, art. 2(e)

5(1)The Lord Chancellor may make rules—E+W+S+N.I.

(a)regulating the exercise of the right of appeal to the Commission;

(b)prescribing practice and procedure to be followed in relation to proceedings before the Commission;

(c)providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;

(d)making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);

(e)making provision about proof of the Commission’s decisions.

(2)In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—

(a)that decisions which are the subject of appeals are properly reviewed; and

(b)that information is not disclosed contrary to the public interest.

(3)The rules may, in particular—

(a)provide for full particulars of the reasons for denial of access to be withheld from the applicant and from any person representing him;

(b)enable the Commission to exclude persons (including representatives) from all or part of proceedings;

(c)enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);

(d)permit preliminary or incidental functions to be discharged by a single member;

(e)permit proceedings for permission to appeal under section 70(5) to be determined by a single member;

(f)make provision about the functions of persons appointed under paragraph 6;

(g)make different provision for different parties or descriptions of party.

(4)Rules under this paragraph—

(a)shall be made by statutory instrument; and

(b)shall not be made unless a draft of them has been laid before and approved by resolution of each House of Parliament.

(5)In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

6(1)The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(3)(b).E+W+S+N.I.

(2)The relevant law officer is—

(a)in relation to proceedings in England and Wales, the Attorney General;

(b)in relation to proceedings in Scotland, the Advocate General for Scotland; and

(c)in relation to proceedings in Northern Ireland, the [F4Advocate General for Northern Ireland] .

(3)A person appointed under this paragraph must—

(a)have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c. 41) (qualification for legal appointments);

(b)be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980 (c. 46); or

(c)be a member of the Bar of Northern Ireland.

(4)A person appointed under this paragraph shall not be responsible to the applicant whose interests he is appointed to represent.

(5)In paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.

Annotations:

Amendments (Textual)

F4Words in Sch. 6 para. 6(2)(c) substituted (12.4.2010) by Counter-Terrorism Act 2008 (c. 28), s. 91(2)(3) (with s. 101(2))