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Armed Forces Act 2006

Schedule 9 – Assessors of Compensation for Miscarriages of Justice

828.If the Secretary of State determines a person has a right to a compensation payment under section 276 the amount of the payment is assessed by persons who are appointed as assessors. This Schedule sets out various matters concerning the qualifications and terms of appointment of assessors.

829.In paragraph 1 the qualifications for appointment as an assessor are set out. These are the same as for those appointed for the purposes of the scheme in relation to the civilian courts, including the requirement to hold suitable legal qualifications or be a member of the Criminal Injuries Compensation Board.

830.Paragraph 3 stipulates that a person shall cease to hold office as an assessor if he no longer has the necessary qualifications under paragraph 1 or attains the age of 72. However, even if one of these conditions exists the Secretary of State may nevertheless allow the individual to continue to hold office as an assessor if he thinks that it is in the interests of the efficient operation of section 276 to do so.

831.Paragraph 4 gives the assessor the right to resign by giving notice in writing to the Secretary of State; and paragraph 5 allows the Secretary of State to remove an assessor in certain circumstances, such as following a conviction of the assessor for a criminal offence.

832.Paragraph 6 provides that where the Secretary of State proposes to remove an assessor under paragraph 5, he may only do so with the consent of the Lord Chancellor or the Lord President of the Court of Session as the case may be, depending upon which qualification for the office the assessor holds. For example, an assessor who is an advocate or solicitor in Scotland may only be removed from office with the consent of the Lord President of the Court of Session.

833.Paragraph 7 provides for the remuneration and allowances of assessors to be determined by the Secretary of State.

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