Senior Courts Act 1981

Other provisions relating to officers of [F1 Senior Courts] E+W

Textual Amendments

F1 Words in s. 92 cross-heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

92 Tenure of office. E+W

(1) Subject to the following provisions of this section [F2 , to section 91(3)][F3 and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75)], a person who holds an office to which this subsection applies shall vacate it [F4 on the day on which he attains the age of seventy years.]

[F5 (2) Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 F6 . . . .

(2A) Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixy-two years.

(2B) Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 F7 . . ..

F8 (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2D) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2E) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (3A) Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.]

(4) A person appointed to an office [F11 listed in column 1 of Part 1 or 2 of Schedule 2] shall hold that office during good behaviour.

(5) The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor [F12 with the concurrence of the Lord Chief Justice].

(6) The Lord Chancellor may also [F13 , with the concurrence of the Lord Chief Justice,] remove such a person from his office on account of inability to perform the duties of his office.

(7) A person appointed to an office listed in column 1 of Part III of Schedule 2 shall hold that office during Her Majesty’s pleasure.

[F14 (8) It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).]

Textual Amendments

F2 Words in s. 92(1) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(6), 148(5)

F3 Words in s. 92(1) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 14(2)(a) (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F4 Words in s. 92(1) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 14(2)(b) (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F5 S. 92(2)–(2C) substituted for S. 92(2) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 77(1) (subject to a saving in Sch. 19 para. 7)

F6 Words in s. 92(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 89(1)(a), 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(v)(y)(aa)

F7 Words in s. 92(2B) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 14(3), Sch.9 (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F8 S. 92(2C)(3) repealed (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 14(4)(6), Sch.9 (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F9 S. 92(2D)(2E) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 89(1)(b), 109(3), 110, Sch. 10; S.I. 2005/910, art. 3(v)(y)(aa)

F10 S. 92(3A) inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 77(2)

F11 Words in s. 92(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 89(1)(c), 110; S.I. 2005/910, art. 3(v)

F12 Words in s. 92(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 140(2); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(p)

F13 Words in s. 92(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 140(3); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(p)

F14 S. 92(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 140(4); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(p)

Modifications etc. (not altering text)

C1 S. 92(2A) excluded by Courts and Legal Services Act 1990 (c. 41, SIF 37, 76:1), s. 125(6), Sch. 19 para. 7

93 Status of officers for purposes of salary and pension. E+W

(1) Subject to subsection (2), any person who holds an office listed in column 1 of any Part of Schedule 2 [F15 or the office of Accountant General of the [F16 Senior Courts]] and is not employed in the civil service of the State shall be deemed to be so employed for the purposes of salary and pension.

(2) Subsection (1), so far as it relates to pension, shall not apply to a person holding [F17 qualifying judicial office, within the meaning of the M1 Judicial Pensions and Retirement Act 1993.]

Textual Amendments

F15 Words inserted by Public Trustee and Administration of Funds Act 1986 (c. 57, SIF 57), s. 1(3), Sch. para. 2

F16 Words in s. 93 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

F17 Words in S. 93(2) substituted (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 15(2); S.I. 1995/631, art.2.

Marginal Citations

M1 1993 C. 8.

F18 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 94 repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20

95 Property held by officers. E+W

Any property held in his official capacity by a person holding an office listed in column 1 of Part II of Schedule 2 or by the Official Solicitor shall, on his dying or ceasing to hold office, vest in the person appointed to succeed him without any conveyance, assignment or transfer.