SCHEDULES

SCHEDULE 5 Retirement provisions: the relevant offices

Section 26.

Annotations:
Amendments (Textual)
F1

Sch. 5: entry substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 35(3), 148; S.I. 2009/1604, art. 2

F2

Words in Sch. 5 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F4

Words in Sch. 5 repealed (S.) (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 5(2)

F6

Sch. 5: Entry inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 89(2), 110(1); S.I. 2005/910, art. 3(v)

F7

Sch. 5: entries relating to the Master and Deputy or temporary Master of the Court of Protection omitted (with saving) (1.10.2007) by virtue of Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 38(3) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(c)(d)

F8

Sch. 5: words in entries relating to deputy district judges substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148(5), Sch. 11 para. 13

F9

Sch. 5: words in entry repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3(h)(iii)

F11

Words in Sch. 5 substituted (in force for specified purposes at 6.9.1999 and 5.10.1999 respectively and in force at 29.11.1999 in so far as not already in force except for specified purposes) by 1998 C. 14, s. 86(1), Sch. 7 para. 124(1)(a); S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional provisions in Sch. 14); S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F12

Sch. 5: First entry relating to "Chief or other Child Support Commissioner" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 110(a)

F13

Entry in Sch. 5 substituted (1.6.1999) by 1998 c. 14, s. 86(1), Sch. 7 para. 124(b); S.I. 1999/1510, art. 2(g)(vii)

F14

Entry in Sch. 5 substituted (29.11.1999 except for specified purposes) by S.I. 1998/1506 (N.I. 10), art. 78(1)(2), Sch. 6 para. 93(1); S.R. 1999/472, art. 2(1)(a)(2), Sch. 1 (subject to transitional provisions in arts. 20-22)

F15

Entries in Sch. 5 repealed (in force for specified purposes at 18.10.1999 so far as relating to chairmen of disability appeal tribunals and vaccine damage tribunals and in force at 29.11.1999 in so far as not already in force except for specified purposes) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 124(2), Sch. 8; S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1)(2), Sch. 1 (subject to transitional provisions in Schs. 21-23)

F16

Entry in Sch. 5 repealed (1.6.1999) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 124(2), Sch. 8; S.I. 1999/1510, art. 2(g)(viii)

F17

Entry in Sch. 5 repealed (29.11.1999 except for specified purposes) by S.I. 1998/1506 (N.I. 10), art. 78(1)(2), Sch. 6 para. 92(2); S.R. 1999/472, art. 2(1)(2), Sch. 1 (subject to transitional provisions in arts. 20-22)

F19

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(d), 16 (with s. 16(2)); S.I. 1998/1658, art. 2(1)

F20

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(e), 16; S.I. 1998/1658, art. 2(1)

F21

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, ss. 1(2)(b), 16; S.I. 1998/1658, art. 2(1)

F22

Words in Sch. 5 substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(3)(a)

F23

Words in Sch. 5 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(c), 16 (with s. 16(2)); S.I. 1998/1658, art. 2(1)

F24

Words in Sch. 5 substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 9(b) (with Sch. 2)

F25

Words in Sch. 5 substituted (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(1), Sch. 3; S.R. 1999/81, art. 3(1)

F26

Words in Sch. 5 substituted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 10(3)(b) (with s. 38)

F29

Sch. 5: Entry relating to "Judge Advocate of Her Majesty's Fleet" repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(3))

F30

Sch. 5: Entry relating to "President of Value Added Tax Tribunals" omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 191(a)

F31

Sch. 5: Entry relating to "Chairman of value added tax tribunals" omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 191(b)

F32

Sch. 5: Entry relating to "Commissioner for the special purposes of the Income Tax Acts appointed under section 4 of the Taxes Management Act 1970" omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 191(c)

F33

Sch. 5: Entry relating to "Deputy Special Commissioner appointed under section 4A of the Taxes Management Act 1970" omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 191(d)

F34

Sch. 5: Entry relating to "Commissioner for the general purposes of the income tax appointed under section 2 of the Taxes Management Act 1970" omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 191(e)

F52

Sch. 5: Entry substituted (4.4.2005) for entries relating to the IAT and immigration adjudicators by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(7), 48(3), Sch. 2 para. 8(3); S.I. 2005/565, art. 2(a)(d) (with arts. 3-9)

F35

Entry in Sch. 5 repealed (1.12.2001) by 2000 c. 8, s. 432(1)(3), Sch. 20 para. 7(3)(a), Sch. 22; S.I. 2001/3538, art. 2(1)

F36

Sch. 5: Entry relating to "Chairman or other member of the tribunal constituted by section 706 of the Income and Corporation Taxes Act 1988" omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 191(f)

F37

Sch. 5: entry relating to "Arbitrator appointed under paragraph 1(5) of Schedule 11 to the Agricultural Holdings Act 1986" repealed (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), arts. 1(1)(b), 18, Sch. 2 (with art. 10)

F48

Words in Sch. 5 substituted (14.5.2001) by 2000 c. 36, s. 18(4), Sch. 2 Pt. I para. 11; S.I. 2001/1637, art. 2(b)

F51

Sch. 5: entry repealed (1.9.2003 for E.S.N.I. and 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with transitional provisions and savings in Sch. 1) (as amended by S.I. 2004/571 and S.I. 2005/2570); S.I. 2003/2961, art. 6, Sch. Pt. 3

F38

Sch. 5: Entry relating to "Chairman of the tribunal constituted under Schedule 9 to the National Health Service Act 1977" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 159 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F50

Sch. 5: Entry repealed (25.7.2003 for specified purposes and 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(7), 411(2), Sch. 19(1), Note 1 (with Sch. 18); S.I. 2003/1900, arts. 2(1), 3, Sch. 1; S.I. 2003/3142, art. 3(2)

F39

Words in Sch. 5 substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 93(b) (with s. 312)

F40

Entry added at the end of Sch. 5 (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 26 (with s. 72(5)); S.I. 1997/305, art. 2

F41

Entries in Sch. 5 added (1.6.1999) by S.I. 1999/1454, art. 3

F49

Entry in Sch. 5 inserted (3.9.2001) by 2000 c. 8, s. 432(1), Sch. 20 para. 7(3)(b); S.I. 2001/2632, art. 2(2), Sch. Pt. 2

F42

Sch. 5: entry inserted (28.4.2003) by Land Registration Act 2002 (c. 9), ss. 133, 136(2), Sch. 11 para. 28 (with s. 129); S.I. 2003/1028, art. 2

F53

Sch. 5: Entry inserted (E.W.S.) (1.1.2007) by Gambling Act 2005 (c. 19), ss. 140, 358, Sch. 8 para. 3(4); S.I. 2006/3272, art. 2(1), Sch. 1 (with Sch. 4) (as amended by S.I. 2006/3361, S.I. 2007/1157, S.I. 2007/1527, S.I. 2007/2169)

F45

Sch. 5: Entry relating to "Asylum Support Adjudicator" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 110(b)

F46

Sch. 5: Entry relating to "President of the tribunal constituted under section 9 of Protection of Children Act 1999 [etc]" omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 110(c)

Marginal Citations

  • F1Judge of the Supreme Court

  • Judge of the F2Senior Courts of England and Wales F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Deputy judge of the High Court

  • Lord President of the Court of Session

  • Lord Justice Clerk

  • Judge of the Court of Session

  • Temporary Judge of the Court of Session

  • Lord Chief Justice of Northern Ireland

  • Lord Justice of Appeal in Northern Ireland

  • Judge of the High Court of Justice in Northern Ireland

  • Circuit judge

  • Sheriff principal or sheriff in Scotland

  • Temporary sheriff principal F4or temporary sheriff in Scotland

  • County Court judge in Northern Ireland

  • Deputy County Court judge in Northern Ireland

  • Master, Queen’s Bench Division

  • Deputy or temporary Master, Queen’s Bench Division, appointed under subsection (1) of section 91 of the M1F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • F6Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

  • Admiralty Registrar

  • Deputy or temporary Admiralty Registrar appointed under subsection (1) of section 91 of the M2F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • Master, Chancery Division

  • Deputy or temporary Master, Chancery Division, appointed under subsection (1) of section 91 of the M3F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • Registrar in Bankruptcy of the High Court

  • Deputy or temporary Registrar in Bankruptcy of the High Court appointed under subsection (1) of section 91 of the M4F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • Taxing Master of the F2Senior Courts

  • Deputy or temporary Taxing Master of the F2Senior Courts appointed under subsection (1) of section 91 of the M5F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • District judge of the principal registry of the Family Division

  • Deputy or temporary district judge of the principal registry of the Family Division appointed under subsection (1) of section 91 of the M6F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • Registrar of Civil Appeals

  • Deputy or temporary Registrar of Civil Appeals appointed under subsection (1) of section 91 of the M7F5Senior Courts Act 1981 otherwise than by virtue of subsection (3) of that section

  • F7. . .

  • F7. . .

  • District judge (whether appointed under section 100 of the F5Senior Courts Act 1981 or section 6 of the M8County Courts Act 1984)

  • Deputy district judge appointed under section 102 of the M9F5Senior Courts Act 1981, except in a case where F8subsection (1B) of that section applied to the appointment of the person in question

  • Deputy district judge appointed under section 8 of the M10County Courts Act 1984, except in a case where F8subsection (1ZB) of that section applied to the appointment of the person in question

  • Recorder

  • Assistant Recorder

  • Any appointment under section 70 F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the M11Judicature (Northern Ireland) Act 1978 to an office from time to time specified in column 1 of Schedule 3 to that Act (statutory office) or any appointment under section 74 of that Act to act in any such office

  • F10District Judge (Magistrates’ Courts)

  • Resident Magistrate appointed under the M12Magistrates’ Courts Act (Northern Ireland) 1964

  • Deputy Resident Magistrate appointed under the Magistrates’ M13Courts Act (Northern Ireland) 1964

  • Chief or other Social Security Commissioner (including appointments in pursuance of F11paragraph 1(2) of Schedule 4 to the Social Security Act 1998)

  • F12. . .

  • Chief or other Social Security Commissioner for Northern Ireland (including appointments in pursuance of section 50(2) of the M14Social Security Administration (Northern Ireland) Act 1992)

  • Chief or other Child Support Commissioner for Northern Ireland (including appointments in pursuance of paragraph 4 of Schedule 4 to the Child Support Act 1991 as that paragraph has effect by virtue of paragraph 8 of that Schedule)

  • F13President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act

  • F14President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order

  • F15Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals

  • F16. . .

  • F17Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland

  • F18. . .

  • F15Chairman of vaccine damage tribunals

  • Chairman of the Foreign Compensation Commission

  • Commons Commissioner

  • F19President of the Employment Tribunals (England and Wales)

  • F20President of the Employment Tribunals (Scotland)

  • President or Vice-President of industrial tribunals and of the Fair Employment Tribunal (Northern Ireland)

  • Chairman of F21employment tribunals, appointed in pursuance of regulations under F22section 1(1) of F23the Employment Tribunals Act 1996

  • Chairman of industrial tribunalsin Northern Ireland, appointed in pursuance of regulations under F24Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996

  • Chairman of the Fair Employment Tribunal, appointed under F25Article 82(1)(c) of the Fair Employment and Treatment (Northern Ireland) Order 1998

  • President of the Industrial Court appointed in pursuance of Article 91 of the M15Industrial Relations (Northern Ireland) Order 1992

  • Member of the Employment Appeal Tribunal appointed under F26 section 22(1)(c) of F23the Employment Tribunals Act 1996

  • President or other member of F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Lands Tribunal for Scotland or the Lands Tribunal for Northern Ireland

  • F28 Member of the Pensions Regulator Tribunal

  • Judge Advocate General

  • F29. . .

  • F30. . .

  • F31. . .

  • F32. . .

  • F33. . .

  • F34. . .

  • F52President or other member of the Asylum and Immigration Tribunal

  • President or other member of Pensions Appeal Tribunals

  • Chairman or other member of a Mental Health Review Tribunal constituted under the M16Mental Health Act 1983

  • F35. . .

  • Chairman of a tribunal constituted for the purposes of sections 14 and 15 of the M17Misuse of Drugs Act 1971

  • Chairman of an advisory body constituted for the purposes of section 14 of the Misuse of Drugs Act 1971

  • Appointed member of the Restrictive Practices Court, within the meaning of section 3 of the M18Restrictive Practices Court Act 1976

  • F36. . .

  • F37. . .

  • Chairman, deputy-chairman or other member of an Agricultural Land Tribunal (other than an assessor added to the Tribunal under paragraph 16(2) of Schedule 9 to the M19Agriculture Act 1947)

  • President of the Aircraft and Shipbuilding Industries Arbitration Tribunal

  • Chairman of a tribunal established by section 29 of the M20Betting, Gaming and Lotteries Act 1963

  • Chairman or deputy chairman of the Copyright Tribunal

  • Chairman or deputy chairman of F48the Information Tribunal

  • F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • President of a tribunal constituted under Schedule 3 to the M21Industry Act 1975

  • F38. . .

  • Chairman of the Plant Varieties and Seeds Tribunal

  • Chairman of a Registered Homes Tribunal constituted under the M22Registered Homes Act 1984

  • Chairman or other member of Rent Assessment Committees appointed by the Lord Chancellor under Schedule 10 to the M23Rent Act 1977

  • President or chairman of the Transport Tribunal

  • F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Wreck commissioner appointed under section F39 297(1) of the Merchant Shipping Act 1995

  • Chairman of a Reinstatement Committee constituted under the M24Reserve Forces (Safeguard of Employment) Act 1985

  • F40Chairman or other member of a reserve forces appeal tribunal constituted under Part IX of the Reserve Forces Act 1996

  • F41Member of a panel constituted under section 6(1) of the Social Security Act 1998

  • Member of a panel constituted under Article 7(1)of the Social Security (Northern Ireland) Order 1998

  • F49Member of the Financial Services and Markets Tribunal.

  • F42 Adjudicator to Her Majesty’s Land Registry

  • F44F43Persons authorised by the Adjudicator to Her Majesty's Land Registry in accordance with paragraph 4 of Schedule 9 to the Land Registration Act 2002 to carry out functions which are not of an administrative character.

  • Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959

  • Deputy Coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959

  • F53 President or other member of the Gambling Appeals Tribunal

  • F45. . .

  • F46. . .

  • F47 Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007

  • Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

  • Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007)

  • Senior President of Tribunals

  • Deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Act

  • Deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007

  • Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal