Armed Forces Act 2006

Section 276

SCHEDULE 9 Assessors of compensation for miscarriages of justice

1 (1) A person is qualified for appointment as an assessor for the purposes of section 276 if he—

(a) has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) is an advocate or solicitor in Scotland;

(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least seven years' standing;

(d) holds or has held judicial office in any part of the United Kingdom;

(e) is a member (whether the chairman or not) of the Criminal Injuries Compensation Board; or

(f) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least seven years, and is subject to punishment or disability for breach of professional rules.

(2) In this paragraph “relevant territory” means—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) a Commonwealth country; or

(d) a British overseas territory.

2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3 A person shall vacate office as an assessor—

(a) if he ceases to be qualified for appointment as an assessor, or

(b) on attaining the age of 72,

unless the Secretary of State considers that it is in the interests of the efficient operation of section 276 that he should continue to hold office.

4 A person may at any time resign his office as an assessor by notice in writing given to the Secretary of State.

5 Subject to paragraph 6, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—

(a) he has been convicted of a criminal offence;

(b) he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract; or

(c) he is unable or unfit to perform his duties.

6 (1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

(2) In the case of a person who qualifies for appointment under—

(a) paragraph 1(1)(a), or

(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3) In the case of a person who qualifies for appointment under—

(a) paragraph 1(1)(b), or

(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4) In the case of a person who qualifies for appointment under—

(a) paragraph 1(1)(c), or

(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

7 An assessor shall be paid such remuneration and allowances as the Secretary of State may determine.