Transport Act 1985

Tenure of Office E+W+S

3 (1) Subject to the following provisions of this paragraph F1 ..., each judicial member of the tribunal shall hold office until [F2 the day on which he attains the age of [F3 75]] and shall then retire. E+W+S

F4 [(2) Where the Lord Chancellor considers it desirable in the public interest to retain a judicial member in office after he reaches that age, he may from time to time authorise that member’s continuance in office until such date (not later than the date on which that member reaches seventy-five) as he thinks fit.]

(3) The Lord Chancellor may, if he thinks fit, remove a judicial member from office on the ground of incapacity or misbehaviour.

[F5 (3A) The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.

(3B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.]

(4) A judicial member may at any time by notice in writing to the Lord Chancellor resign his office.

(5) Subject to the preceding provisions of this paragraph and to paragraph 6 below, a judicial member shall hold and vacate office in accordance with such terms and conditions as may be determined by the Lord Chancellor at the time of his appointment and shall, on ceasing to hold office, be eligible for reappointment.

Textual Amendments

F1 Words in Sch. 4 para. 3(1) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 21(a) (with Sch. 1 para. 43)

F2 Words in para. 3(1) substituted (31.3.1995) by 1993 c. 8, ss. 26, para. 57(2)(b) (with Sch. 7 paras.2(2), 3(2), 4); S.I. 1995/631, art. 2

F3 Word in Sch. 4 para. 3(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 21(b) (with Sch. 1 para. 43)

F4 Sch. 4 para. 3(2) repealed and superseded (31.3.1995) by 1993 c. 8, ss. 26(4)-(6), Sch. 6 para. 57(3), Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

F5 Sch. 4 para. 3(3A)(3B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 179(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

4 (1) A member of the tribunal appointed by the Secretary of State shall hold and vacate office in accordance with such terms and conditions (both as to his term of office and otherwise) as may be determined by the Secretary of State at the time of his appointment and, on ceasing to hold office, be eligible (subject to the following provisions of this paragraph) for reappointment. E+W+S

(2) Subject to sub-paragraph (3) below, a person shall not be appointed as a member of the tribunal by the Secretary of State for a term extending beyond the end of the completed year of service in which he reaches seventy.

(3) Where the Secretary of State considers it desirable in the public interest that a person should be appointed for a term exceeding that allowed under sub-paragraph (2) above, that person may be appointed for such term, not extending beyond the date on which he reaches seventy-five, as the Secretary of State thinks fit.

(4) A member appointed by the Secretary of State may at any time by notice in writing to the Secretary of State resign his office.