Part IV OFFICERS AND OFFICES

Other provisions relating to officers of F18Senior Courts

Annotations:
Amendments (Textual)
F18

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.

1

Subject to the following provisions of this section F1, to section 91(3)F2and 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 F3on the day on which he attains the age of seventy years.

F42

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

C12A

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 F6. . ..

F72C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2D

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2E

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93A

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 F10listed 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 F11with the concurrence of the Lord Chief Justice.

6

The Lord Chancellor may also F12, 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.

F138

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

93 Status of officers for purposes of salary and pension.

1

Subject to subsection (2), any person who holds an office listed in column 1 of any Part of Schedule 2 F14or the office of Accountant General of the F15Senior 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 F16qualifying judicial office, within the meaning of the M1Judicial Pensions and Retirement Act 1993.

F1794. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95 Property held by officers.

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.