Tribunals, Courts and Enforcement Act 2007

Part 1Members and committees

Membership

1(1)The Council is to consist of—

(a)the Parliamentary Commissioner for Administration, and

(b)not more than fifteen nor fewer than ten appointed members.

(2)Of the appointed members—

(a)either two or three are to be appointed by the Scottish Ministers with the concurrence of the Lord Chancellor and the Welsh Ministers,

(b)either one or two are to be appointed by the Welsh Ministers with the concurrence of the Lord Chancellor and the Scottish Ministers, and

(c)the others are to be appointed by the Lord Chancellor with the concurrence of the Scottish Ministers and the Welsh Ministers.

Chairman of the Council

2(1)After consultation with the Scottish Ministers and the Welsh Ministers, the Lord Chancellor must nominate one of the appointed members to be chairman of the Council.

(2)The chairman of the Council is to hold and vacate that office in accordance with the terms of his nomination, but—

(a)may resign that office by giving written notice to the Lord Chancellor, and

(b)ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2).

Term of office of appointed members of Council

3(1)Subject to the following provisions of this paragraph, a person appointed under paragraph 1(2) is to hold and vacate office in accordance with the terms of his appointment.

(2)A person appointed under paragraph 1(2)(a) may resign by giving written notice to the Scottish Ministers.

(3)A person appointed under paragraph 1(2)(b) may resign by giving written notice to the Welsh Ministers.

(4)A person appointed under paragraph 1(2)(c) may resign by giving written notice to the Lord Chancellor.

(5)The Lord Chancellor may remove a person appointed under paragraph 1(2) on the ground of inability or misbehaviour.

(6)The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(a) may be exercised only with the concurrence of the Scottish Ministers.

(7)The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(b) may be exercised only with the concurrence of the Welsh Ministers.

Scottish Committee

4(1)There is to be a Scottish Committee of the Council (referred to in this Schedule as “the Scottish Committee”) for the purpose of exercising the functions conferred on it by any statutory provision.

(2)The Scottish Committee is to consist of—

(a)the Parliamentary Commissioner for Administration,

(b)the Scottish Public Services Ombudsman,

(c)the members of the Council appointed under paragraph 1(2)(a), and

(d)either three or four other persons, not being members of the Council, appointed by the Scottish Ministers.

Chairman of the Scottish Committee

5(1)The Scottish Ministers must nominate one of the members mentioned in paragraph 4(2)(c) to be chairman of the Scottish Committee.

(2)The chairman of the Scottish Committee is to hold and vacate that office in accordance with the terms of his nomination, but—

(a)may resign that office by giving written notice to the Scottish Ministers, and

(b)ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(a).

Term of office of appointed members of Scottish Committee

6(1)Subject to the following provisions of this paragraph, a person appointed under paragraph 4(2)(d) is to hold and vacate office in accordance with the terms of his appointment.

(2)The person may resign by giving written notice to the Scottish Ministers.

(3)The Scottish Ministers may remove the person on the ground of inability or misbehaviour.

Welsh Committee

7(1)There is to be a Welsh Committee of the Council (referred to in this Schedule as “the Welsh Committee”) for the purpose of exercising the functions conferred on it by any statutory provision.

(2)The Welsh Committee is to consist of—

(a)the Parliamentary Commissioner for Administration,

(b)the Public Services Ombudsman for Wales,

(c)the members of the Council appointed under paragraph 1(2)(b), and

(d)either two or three other persons, not being members of the Council, appointed by the Welsh Ministers.

Chairman of Welsh Committee

8(1)The Welsh Ministers must nominate one of the members mentioned in paragraph 7(2)(c) to be chairman of the Welsh Committee.

(2)The chairman of the Welsh Committee is to hold and vacate that office in accordance with the terms of his nomination, but—

(a)may resign that office by giving written notice to the Welsh Ministers, and

(b)ceases to be chairman if he ceases to be a person who is a member of the Council by virtue of appointment under paragraph 1(2)(b).

Term of office of Committee members

9(1)Subject to the following provisions of this paragraph, a person appointed under paragraph 7(2)(d) is to hold and vacate office in accordance with the terms of his appointment.

(2)The person may resign by giving written notice to the Welsh Ministers.

(3)The Welsh Ministers may remove the person on the ground of inability or misbehaviour.

Remuneration of Council and Committee members

10(1)The Lord Chancellor must pay such remuneration as he may determine to each of the following—

(a)the chairman of the Council;

(b)the chairman of the Scottish Committee;

(c)the chairman of the Welsh Committee.

(2)The Lord Chancellor may pay such fees as he may determine to—

(a)members of the Council other than the chairman;

(b)members of the Scottish Committee other than the chairman;

(c)members of the Welsh Committee other than the chairman.

(3)The Lord Chancellor may pay such expenses as he may determine to—

(a)members of the Council;

(b)members of the Scottish Committee;

(c)members of the Welsh Committee.

(4)In sub-paragraph (3) “expenses” includes (in particular) subsistence allowances and travelling expenses.

Status of Council and Committees

11The Council, the Scottish Committee and the Welsh Committee are not to be regarded—

(a)as agents or servants of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.