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Reserve members of tribunals.
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5.—(1) One or more persons may be appointed to be a reserve member or members of a tribunal by—
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(a) the instrument by which the tribunal is appointed, or
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(b) an instrument amending that instrument.
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(2) A reserve member of a tribunal may—
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(a) sit with the member or members of the tribunal during its proceedings and consider any oral evidence given, and examine any documents or things that are produced or sent in evidence, to the tribunal, and
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(b) be present at the deliberations of the tribunal,
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but may not otherwise participate in those proceedings or deliberations and may not seek to influence the tribunal in its decisions or determinations.
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(3) If a member of a tribunal is for any reason unable to continue to act as such member, whether temporarily or for the remainder of the tribunal's inquiry, a reserve member of the tribunal may be appointed to be a member of it.
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(4) An appointment under subsection (3) shall be deemed, other than for the purposes of subsection (5), to be operative from the date on which the person concerned was appointed to be a reserve member of the tribunal concerned or such later date as may be specified in the amendment under subsection (6) of the instrument by which the tribunal concerned was appointed giving effect to the appointment.
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(5) An appointment under subsection (3) shall not affect decisions, determinations or inquiries made or other actions taken by the tribunal concerned before such appointment.
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(6) An appointment under subsection (1)(b) or (3) shall be made by an amendment under section 1A (inserted by section 1 of the Act of 1998) of the Principal Act of the instrument by which the tribunal concerned was appointed, and may be so made notwithstanding the fact that the tribunal concerned, while consenting to or requesting the making of the appointment, does not consent to the appointment of the particular person.
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