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Senior Courts Act 1981
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Changes over time for: Section 92
Version Superseded: 10/03/2022
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92 Tenure of office.E+W
(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.]
[F4(2)Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 F5. . . .
(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 F6. . ..
F7(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(2D)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2E)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(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 [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.
[F13(8)It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).]
Textual Amendments
F1Words in s. 92(1) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(6), 148(5)
F2Words 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.
F3Words 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.
F4S. 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)
F5Words 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)
F6Words 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.
F7S. 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.
F8S. 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)
F10Words 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)
F11Words 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)
F12Words 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)
F13S. 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)
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