Courts–Martial (Appeals) Act 1951 (c. 46)

Part II U.K. Provisions with respect to Offices of Judge Advocate of His Majesty’s Fleet and Judge Advocate General

Provisions with respect to Office of Judge Advocate General U.K.

32 Tenure of office of Judge Advocate General and assistants. U.K.

[F1 (1) The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

(1A) The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

(1B) An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.

(1C) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a) the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b) the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.]

(2) The Judge Advocate General shall F2 ... vacate his office [F3 on the day on which] he attains the age of [F4 75], and any such officer as is mentioned in subsection (1) of section thirty of this Act shall vacate his office [F3 on the day on which] he attains the age of [F4 75]:

[F5 Provided that, where the Lord Chancellor considers it desirable in the public interest to retain the Judge Advocate General or any such officer as aforesaid in office after the time when his office is required to be vacated under the foregoing provisions of this subsection, the Lord Chancellor may from time to time authorise the continuance of the Judge Advocate General or officer in office up to such age (not exceeding seventy–two years in the case of the Judge Advocate General and seventy years in any other case) as the Lord Chancellor thinks fit.]

(3) A person appointed under subsection (2) of section thirty of this Act temporarily to assist the Judge Advocate General in the exercise and performance of his powers and duties shall hold and vacate office in accordance with the terms of his appointment.

Textual Amendments

F1 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 40; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)

F2 Words in s. 32(2) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 5(a) (with Sch. 1 para. 43)

F3 Words in s. 32(2) inserted (31.3.1995) by 1993, c. 8, s. 26, Sch. 6 para. 34(a)(b)

F4 Word in s. 32(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 5(b) (with Sch. 1 para. 43)

F5 Proviso to s. 32(2) repealed and superseded (31.3.1995) by 1993, c. 8, ss. 26 (4)-(6), 31(4), Sch. 6 para. 34(c), Sch. 9