Local Government (Planning and Development) Act, 1976

Chairman of Board.

4.—(1) The chairman of the Board shall be either—

(a) such ordinary judge of the High Court as is for the time being nominated with his consent by the Government after consultation with the President of the High Court, or

(b) a person who is appointed by the Government and formerly held, but who no longer holds, judicial office.

(2) If immediately before the exercise by the Government of a power under subsection (1) of this section there is in force a nomination under that subsection, then on the exercise the nomination shall cease to have effect.

(3) A judge of the High Court who is chairman of the Board shall on ceasing to be an ordinary judge of the High Court also cease to be chairman of the Board.

(4) A person who ceases to be chairman of the Board by virtue of subsection (3) of this section may be appointed under subsection (1) of this section.

(5) Where a person is nominated under subsection (1) of this section, the following provisions shall apply for the duration of the relevant period, namely,

(a) the fact that the person is an ordinary judge of the High Court shall be disregarded in applying section 1 (1) of the Courts Act, 1973 , and

(b) the said section 1 (1) shall have effect accordingly.

(6) In this section “the relevant period” means, as regards a person nominated under subsection (1) of this section, the period beginning on the day on which the person is so nominated and ending on either—

(a) the day on which the person ceases to be an ordinary judge of the High Court, or

(b) the day on which the next subsequent such nomination is made,

whichever first occurs.