(1)Subject to [F1subsection] (3), the name of a lay justice who has reached [F275] must be entered in the supplemental list.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where—
(a)proceedings are, or are expected to be, in progress on the day on which the lay justice reaches [F475], and
(b)the lay justice is exercising functions in those proceedings as a justice of the peace,
the [F5Lord Chief Justice may, with the concurrence of the Lord Chancellor,] direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.
(4)The name of a lay justice must be entered in the supplemental list if—
(a)he applies for it to be entered, and
(b)the application is approved by the Lord Chancellor.
(5)The Lord Chancellor may [F6, with the concurrence of the Lord Chief Justice,] direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity.
[F7(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).]
Textual Amendments
F1Word in s. 13(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(a)(i) (with Sch. 1 paras. 43, 44)
F2Word in s. 13(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(a)(ii) (with Sch. 1 paras. 43, 44)
F3S. 13(2) 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. 33(b) (with Sch. 1 paras. 43, 44)
F4Word in s. 13(3)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(c) (with Sch. 1 paras. 43, 44)
F5Words in s. 13(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 315(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F6Words in s. 13(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 315(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F7S. 13(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 315(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)