Judicial Appointments Commission Act 2023

14

Terms and conditions of membership of Commission

14. (1) Each member of the Commission shall act on a part-time basis subject to such terms and conditions (other than the payment of remuneration and allowances for expenses) as the Minister may determine.

(2) Each lay member shall be paid by the Commission such remuneration (if any) and allowances for expenses (if any) as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, from time to time determine.

(3) There may be paid by the Commission such allowances for expenses (if any), incurred by lay members on a panel established under section 46(2), as the Commission may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

(4) Subject to section 19(3)

(a) a lay member shall hold office for a period of 3 years from the date of his or her appointment, and

(b) where the lay member’s term of office expires with the passage of time, he or she may be reappointed by the Minister to the Commission for one further period of 3 years without a further recommendation by the Public Appointments Service or a further resolution under section 13(6).

(5) Subject to section 18(4)

(a) a member of the Judicial Council who is appointed as a member of the Commission under section 12 shall hold office for a period of 3 years from the date of his or her appointment, and

(b) where that member’s term of office expires with the passage of time, he or she may be nominated by the Judicial Council under section 12 for appointment for one further period of 3 years.

(6) Nothing in subsection (5) shall be construed as preventing a judge, who has been a member of the Commission, from being a member of the Commission in accordance with—

(a) subsection (1)(a) or (b) or (2) of section 9, by virtue of holding the office of Chief Justice, President of the Court of Appeal, President of the High Court, President of the Circuit Court or President of the District Court,

(b) subsections (2) and (3) of section 45, by virtue of being the next most senior judge referred to in those provisions, or

(c) subsection (2) or (3) of section 18, by virtue of being the most senior ordinary judge referred to in those provisions.