First Previous (PART VI. Amendment of Awards.) Next (PART VIII. Miscellaneous and General.)

3 1945

ARTERIAL DRAINAGE ACT, 1945

PART VII.

The Panel of Drainage Arbitrators.

The Panel of Drainage Arbitrators.

42. —(1) The Reference Committee shall from time to time at the request of the Minister appoint such number as the Minister shall specify of persons to be members of a panel to be known and in this Act referred to as the Panel of Drainage Arbitrators.

(2) The following provisions shall apply and have effect in relation to the members of the Panel of Drainage Arbitrators (in this and the next following sub-section referred to as the Panel), that is to say:—

(a) every member of the Panel shall (subject to the subsequent provisions of this section) hold his membership for a term of five years certain from the date of his appointment or latest re-appointment to the Panel;

(b) a member of the Panel whose term of membership expires by effluxion of time and who has not attained the retiring age may be re-appointed;

(c) a member of the Panel may at any time resign his membership thereof by letter to the Reference Committee;

(d) the Reference Committee may, on their own motion or on the application of the Minister, remove from the Panel any member thereof who has in their opinion been guilty of conduct which renders him unfit to be a member of the Panel, but no member of the Panel shall be removed under this paragraph without being given an opportunity of being heard by the Reference Committee in his own defence;

(e) every member of the Panel shall be obliged (unless excused by the Reference Committee) to serve as arbitrator at any arbitration for the purposes of this Act in respect of which he is nominated as arbitrator by the Reference Committee;

(f) a member of the Panel shall, in respect of every arbitration or series of arbitrations for the purposes of this Act at which he acts as arbitrator, be entitled to be paid by the Commissioners such remuneration or fees and such travelling and subsistence allowances as the Minister shall determine;

(g) a member of the Panel shall not be precluded by his membership of the Panel from engaging in private practice or business.

(3) The Reference Committee shall, with the consent of the Minister, fix such age (not exceeding seventy years) as they shall think proper to be the retiring age for members of the Panel and—

(a) no person who has attained such retiring age shall be appointed to be a member of the Panel, and

(b) a member of the Panel who attains such retiring age during his membership shall (save as provided by the next following paragraph of this sub-section) forthwith cease to be a member of the Panel and shall be ineligible for re-appointment, and

(c) a member of the Panel who attains such retiring age while engaged on an arbitration under this Act, shall retain his membership of the Panel for the purpose of completing such arbitration but for no other purpose.