Senior Courts Act 1981, Section 11 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies to the office of any judge of the [F1Senior Courts]F2. . . .
(2)A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of [F375] unless by virtue of this section he has ceased to hold it before then.
(3)A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.
[F4(3A)It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).]
(4)A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming [F5a judge of the Supreme Court].
(5)A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal.
(6)A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal.
(7)A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect.
(8)The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies—
(a)is disabled by permanent infirmity from the performance of the duties of his office; and
(b)is for the time being incapacitated from resigning his office,
may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.
(9)A declaration under subsection (8) with respect to a person shall be of no effect unless it is made—
(a)in the case of any of the Lord Chief Justice, the Master of the Rolls, [F6the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court,] with the concurrence of two others of them;
(b)in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
(c)in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F1Words in s. 11 and sidenote 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)
F2Words in s. 11(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 123(3), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(n), 30(b)
F3Word in s. 11(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 16(3) (with Sch. 1 para. 43)
F4S. 11(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 123(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
F5Words in s. 11(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 15, 145, 148, Sch. 17 para. 22(4); S.I. 2009/1604, art. 2(e)
F6Words in s. 11(9) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 145, Sch. 4 para. 123(4); S.I. 2005/2505, art. 2(c)
F7S. 11(10) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
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