Local Government Finance Act 1988

Membership E+W

5 (1) Regulations under paragraph 1 above may include provision— E+W

(a) that the number of members of a tribunal is to be such as is determined by the Secretary of State;

(b) for the appointment by a prescribed person or persons of the members of each tribunal;

(c) that one of the members is to be president of the tribunal;

(d) that the president is to be appointed by the members by a prescribed method, and that if one is not so appointed within a prescribed period the president is to be appointed by the Secretary of State after consulting such prescribed persons as he sees fit;

(e) that some of the members (who may include the president) are to be appointed to the position of chairman, that the number to be appointed is to be stated by a prescribed person or persons, and that the appointments are to be made by the members themselves by a prescribed method or (if they default) by a prescribed person or persons;

(f) that persons are to be disqualified from becoming or continuing to be members in prescribed circumstances;

(g) that members are to be disqualified from acting in cases falling within prescribed descriptions;

(h) that prescribed factors are not to disqualify persons from becoming or continuing to be members;

(i) that prescribed factors are not to disqualify members from acting;

(j) as to the duration (subject to disqualification, termination or resignation) of any appointment as president or member or chairman;

(k) allowing the Secretary of State to terminate an appointment as president;

(l) requiring the person or persons who appointed a member to terminate the appointment if the Secretary of State so directs after consulting the person or persons who made the appointment;

(m) allowing a president to terminate a person’s appointment as chairman, and requiring a president to do so if the Secretary of State directs him to do so;

(n) allowing a person appointed as president or member or chairman to resign if such notice as may be prescribed is given;

(o) that a person who ceases to be president or member or chairman is to be eligible for re-appointment in prescribed circumstances;

(p) that a member is to be entitled to such [F1 remuneration and] travelling, subsistence and other allowances [F2 as the Secretary of State may, with the approval of the Treasury, from time to time determine].

(2) The regulations may include provision for the administration of members’ allowances to be the responsibility of the clerk of the tribunal.

Textual Amendments

F1 Words in Sch. 11 Pt. 2 para. 5(1)(p) inserted (1.10.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 15 para. 7; S.I. 2008/3110, art. 6(c)(ii)

F2 Words in Sch. 11 para. 5(1)(p) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 88(3) (with s. 118(1)(2)(4))