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Senior Courts Act 1981
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92 Tenure of office.E+W
(1)Subject to the following provisions of this section [F1and 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 [F2on the day on which he attains the age of seventy years.]
[F3(2)Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.
(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 F4. . ..
F5(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F6(2D)Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it on the day on which he attains the age of sixty-two years.
(2E)Subsection (2D) applies to the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.]
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(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 to which subsection (1) [F8, (2A) or (2D)] applies 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.
(6)The Lord Chancellor may also 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.
Textual Amendments
F1Words 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.
F2Words 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.
F3S. 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)
F4Words 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.
F5S. 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.
F6S. 92(2D)(2E) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 14(5) (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.
F8Words in s. 92(4) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 14(7) (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.
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