Part 1The Judiciary

Appointment and removal

C17 Removal from listed judicial offices

I11

A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

I12

The power to remove or suspend him is exercisable by the F3Lord Chief Justice.

I13

He may only be removed if a tribunal convened under section 8 has reported to the F4Lord Chief Justice recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

I14

He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to F5the Lord Chief Justice that he be suspended.

F25

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I16

If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

F16A

If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—

a

P;

b

the tribunal;

c

if the tribunal was convened by the Northern Ireland Judicial Appointments Ombudsman, the Ombudsman.

I17

Nothing in subsections (1) to F6(6A) applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see F7section 12C of the Judicature (Northern Ireland) Act 1978 (c. 23) F8...).

I18

But, subject to that, those subsections apply whatever the date of a person’s appointment.