Access to Justice Act 1999

68 Judges holding office in European or international courts. U.K.

(1) A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.

(2) In this section—

• “United Kingdom judicial office” means the office of—

  (a)

  Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,

  (b)

  judge of the Court of Session or sheriff, in Scotland, or

  (c)

  Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and

• “relevant international court” means—

  (a)

  any court established for any purposes of the European Communities, or

  (b)

  any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.

(3) A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office—

(a) for the purposes of section 12(1) to (6) of the M1 Supreme Court Act 1981, section 9(1)(c) or (d) of the M2 Administration of Justice Act 1973, section 18 of the M3 Courts Act 1971, section 14 of the M4 Sheriff Courts (Scotland) Act 1907 or section 106 of the M5 County Courts Act (Northern Ireland) 1959 (judicial salaries),

(b) for the purposes of, or of any scheme established by and in accordance with, the M6 Judicial Pensions and Retirement Act 1993, the M7 Judicial Pensions Act 1981, the M8 Sheriffs’ Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

(c) for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the M9 Court of Session Act 1988 or section 2(1) or 3(1) of the M10 Judicature (Northern Ireland) Act 1978 (judicial numbers).

(4) If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the M11 Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

(5) The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

(6) In subsection (5) “the appropriate Minister” means—

(a) in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

(b) in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

(7) A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C1 S. 68(3)(b) excluded (1.9.2001) by 2001 c. 17, s. 1(3), Sch. 1 para. 7(5)(a) (with s. 78); S.I. 2001/2161, art. 2

Marginal Citations

M1 1981 c.54.

M2 1973 c.15.

M3 1971 c.23.

M4 1907 c.51.

M5 1959 c.25(N.I.).

M6 1993 c.8.

M7 1981 c.20.

M8 1961 c.42.

M9 1988 c.36.

M10 1978 c.23.

M11 1971 c.58.