5E+WA member of the OLC is to hold and vacate office in accordance with the terms and conditions of the member's appointment (subject to this Schedule).
6(1)A member of the OLC must be appointed for a fixed period.E+W
(2)The period for which a member is appointed must not exceed 5 years.
(3)A person who has held office as a member may be re-appointed once only, for a further period (whether consecutive or not) not exceeding 5 years.
Prospective
7E+WIf a member of the OLC who is a lay person becomes a person within paragraph (a) to (e) of paragraph 2(3), that person ceases to be a member of the OLC.
8(1)A member may at any time—E+W
(a)resign from office by giving notice to the Board;
(b)be removed from office by the Board.
(2)The Board may not under sub-paragraph (1)(b) remove a member (including the chairman) from office unless the Board is satisfied that the member—
(a)has failed without reasonable excuse to discharge the functions of the office for a continuous period of at least 6 months,
(b)has been convicted of an offence,
(c)is an undischarged bankrupt [F1or is a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986)], or
(d)is otherwise unfit to hold the office or unable to discharge its functions.
(3)The chairman may be removed from office under sub-paragraph (1)(b) only with the consent of the Lord Chancellor.
(4)The Board must consult the chairman before removing a member (other than the chairman) under sub-paragraph (1)(b).
(5)The Board may not remove an ordinary member on the ground mentioned in paragraph (a) of sub-paragraph (2) more than 3 months after the end of the period mentioned in that paragraph.
Textual Amendments
F1Words in Sch. 15 para. 8(2)(c) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 61(3) (with art. 5)
9E+WThe chairman ceases to be chairman upon ceasing to be a member of the OLC.