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Plant Varieties Act 1997
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5(1)Subject to sub-paragraph (2) below, a person’s appointment under paragraph 2, 3 or 4 above shall be for such term as the appointing authority may determine before the person’s appointment.U.K.
[F1(1A)For an appointment under paragraph 4 above, the term mentioned in sub-paragraph (1) above is to be determined with the agreement of the [F2Department of Justice].]
(2)No appointment of a person under paragraph 2, 3 or 4 above shall be such as to extend beyond the day on which he attains the age of [F375].
(3)A person who ceases to hold office under paragraph 2, 3 or 4 above shall be eligible for re-appointment.
(4)A person may resign his appointment under paragraph 2, 3 or 4 above by notice in writing to the appointing authority.
(5)The appointing authority may revoke a person’s appointment under [F4paragraph 2 or 3] above if satisfied that the person is unfit to continue in office or incapable of discharging his duties.
[F5(5A)Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.]
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 para. 5(1A) inserted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 27(3)(with Sch. 5 para. 16); S.I. 2010/812, art. 2
F2Words in Sch. 3 para. 5(1A) substituted (N.I.) (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 11; S.R. 2010/147, art. 2(2)
F3Word in Sch. 3 para. 5(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 29(a) (with Sch. 1 para. 43)
F4Words in Sch. 3 para. 5(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 269(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)
F5Sch. 3 para. 5(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 269(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)
F6Sch. 3 para. 5(6) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 29(b) (with Sch. 1 para. 43)
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