PART ICONSTITUTION OF SUPREME COURT

Other provisions

11Tenure of office of judges of Supreme Court

1

This section applies to the office of any judge of the Supreme Court except the Lord Chancellor.

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 seventy-five years 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.

4

A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming Lord Chancellor or a Lord of Appeal in Ordinary.

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, the President of the Family Division and the Vice-Chancellor, 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

Subsection (2) shall not apply to a person who held an office to which this section applies on 17th December 1959 and did not elect under section 3 of the [1959 c. 9 (8 & 9 Eliz. 2.).] Judicial Pensions Act 1959 that the corresponding provision in that Act should apply to him.