Page:Courts-Martial (Appeals) Act 1968 (UKPGA 1968-20 qp).pdf/5

2

2.—(1) The following shall be judges of the Appeal Court:
 * (a) the ex officio and ordinary judges of the Court of Appeal and such of the judges of the Queen’s Bench Division of the High Court as the Lord Chief Justice may, after consultation with the Master of the Rolls, from time to time nominate for the purpose;
 * (b) such of the Lords Commissioners of Justiciary as the Lord Justice General may from time to time nominate for the purpose; and
 * (c) such of the judges of Her Majesty’s Supreme Court of Judicature of Northern Ireland as the Lord Chief Justice of Northern Ireland may from time to time nominate for the purpose.

(2) The Lord Chancellor may appoint other persons, being persons of legal experience, to be judges of the Appeal Court and—
 * (a) the appointment of a person under this subsection shall be for such term as may be determined by the Lord Chancellor, with the approval of the Treasury, before his appointment and shall be subject to such conditions as may be so determined; and
 * (b) a person so appointed who ceases to hold office as a judge of the Appeal Court shall be eligible for reappointment.

(3) There may be paid out of moneys provided by Parliament to the persons appointed under subsection (2) of this section to be judges of the Appeal Court such remuneration, and to all the judges of the Court such travelling and subsistence allowances, as the Lord Chancellor may, with the approval of the Treasury, determine.

3. Any power under this Act which is exercisable by a judge of the Appeal Court may also be exercised—
 * (a) by any judge of the Queen’s Bench Division of the High Court;
 * (b) by any Lord Commissioner of Justiciary:
 * (c) by any judge of Her Majesty’s Supreme Court of Judicature of Northern Ireland,

notwithstanding that he is not for the time being a judge of the Appeal Court; and references in this Act to a judge of the Court shall be construed accordingly.

4.—(1) For the purpose of hearing and determining appeals under this Act, or any matter preliminary or incidental to an appeal, the Appeal Court shall be summoned in accordance with directions given by the Lord Chief Justice with the consent of the Lord Chancellor.