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SCHEDULES

SCHEDULE 4U.K.Other functions of the Lord Chancellor and organisation of the courts

Part 1 U.K.Amendments

Reserve Forces Act 1996 (c. 14)U.K.

243(1)Section 92 (membership of tribunals etc) is amended as follows.U.K.

(2)In subsection (1) for “by the Lord Chancellor” substitute “ in accordance with subsection (2) ”.

(3)For subsections (2) and (3) substitute—

(2)The chairman and other members are to be selected as follows—

(a)in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b)in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session;

(c)in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

(3)Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters.

(4)The officer is to be appointed as follows—

(a)in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b)in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session;

(c)in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.