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3.—(1) The members of a tribunal established by regulation 2 shall, subject to regulation 14, and paragraphs (2) and (3) below, be appointed by the councils prescribed in relation to that tribunal in column 4 of Schedule 1 (“the appointing councils”) after consultation with the president of the tribunal, or, before the first appointment of a president, with the president of the relevant old tribunal.
(2) The total number of members of a tribunal shall be the number specified in relation to that tribunal in column 3 of Schedule 1 and the number of members to be appointed by an appointing council shall be the number specified in relation to that council in column 5 of Schedule 1.
(3) Where at the expiry of one month from 1st January 1996 or three months from a vacancy occurring, as the case may be, an appointing council has failed to make an appointment in accordance with paragraph (1), that appointment may be made by the Secretary of State after consultation with the president of the tribunal, or, before the first appointment of a president, with the president of the relevant old tribunal.
(4) No appointment under paragraph (1) shall be valid if its effect would be that the number of members of the tribunal appointed by that appointing council who are members of an appointing council exceeded the number equal to one third of the total of the number of members of the tribunal to be appointed by that council.
(5) Paragraph (4) shall not be construed as affecting the validity of the appointment of a member of a tribunal who becomes a member of an appointing council after his appointment takes effect.
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