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SCHEDULES

Article 70(1).

SCHEDULE 3N.I.[F1THE REVIEW TRIBUNAL]

1.  The Review Tribunal shall consist of—N.I.

(a)a number of persons (referred to in this Schedule as “the legal members”) appointed by the [F2Northern Ireland Judicial Appointments Commission] and having such legal experience as the [F3[F4Department of Justice]] considers suitable [F5after consultation with the Lord Chief Justice];

(b)a number of persons (referred to in this Schedule as “the medical members”) being medical practitioners appointed by the [F6Northern Ireland Judicial Appointments Commission]F7. . . ; and

(c)a number of persons appointed by the [F2Northern Ireland Judicial Appointments Commission]F8. . . and having such experience in administration, such knowledge of [F9social care] or such other qualifications or experience as the [F3[F10Department of Justice]] considers suitable.

F2Words in Sch. 3 para. 1(a)(c) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(2)(a) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F3Words in Sch. 3 para. 1(a)(c) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(2)(b) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F6Words in Sch. 3 para. 1(b) substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

[F111A—(1) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph 1(a)—N.I.

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

(2) As part of the selection process for an appointment under paragraph 1(b) or (c) the Northern Ireland Judicial Appointments Commission shall consult the Head of the Department.]

2.—[F12(1)]  The members of the Review Tribunal shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the[F13Northern Ireland Judicial Appointments Commission]; and any such member who ceases to hold office shall be eligible for re-appointment.N.I.

[F14(2) The terms mentioned in sub-paragraph (1) are to be determined by the Northern Ireland Judicial Appointments Commission with the agreement of the [F15Department of Justice].]

F12Sch. 3 para. 2 renumbered (12.4.2010) as Sch. 3 para. 2(1) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(4) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

F13Words in Sch. 3 para. 2 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

3.  One of the legal members of the Review Tribunal shall be appointed by the[F16Northern Ireland Judicial Appointments Commission] as chairman of the tribunal and another legal member shall be so appointed as deputy chairman.N.I.

F16Words in Sch. 3 para. 3 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), ss. 2(3), 5(7), Sch. 4 para. 20(3) (with Sch. 5 para. 16); S.I. 2010/812, art. 2

4.—(1) Subject to sub-paragraph (2) [F17and paragraph 7] and to rules made by the Lord Chancellor under Article 83(2)(b), the Review Tribunal when sitting for the purposes of any proceedings F18... shall consist of a legal member, a medical member and a member who is neither a legal nor a medical member.N.I.

(2) If the chairman of the tribunal, either in a particular case or class of case or generally, so directs the Review Tribunal—

(a)may, for the purposes of any proceedings, consist of one or more other members in addition to those referred to in sub-paragraph (1);

(b)may, for the purposes of any proceedings which are of a preliminary, incidental or interlocutory nature, consist of one member.

F17Words in Sch. 3 para. 4(1) inserted (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(3)(a) (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

F18Words in Sch. 3 para. 4(1) repealed (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(3)(b), Sch. 11 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

5.  The chairman of the Review Tribunal shall appoint the members who are to constitute the tribunal for the purpose of any proceedings F19....N.I.

F19Words in Sch. 3 para. 5 repealed (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 71(4), Sch. 11 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)

6.  Subject to any rules made by the Lord Chancellor under Article 83(4), where the chairman of the tribunal is included among the persons appointed under paragraph 5, he shall be president of the tribunal; and in any other case the president of the tribunal shall be such one of the members so appointed (being one of the legal members) as the chairman may nominate.N.I.

[F207  In any proceedings which are to be heard and determined by the Review Tribunal constituted as mentioned in paragraph 4(1) or (2)(a), the proceedings may with the consent of the parties be heard and determined in the absence of any one member other than the president, and in that event the tribunal is to be treated as properly constituted.]N.I.