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Criminal Justice Act 2003, Section 168 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In relation to the Council, the Lord Chancellor may by order make provision—
(a)as to the term of office, resignation and re-appointment of judicial members and non-judicial members,
[F1(b)enabling the Lord Chancellor to remove a judicial member from office, with the concurrence of the Lord Chief Justice, on the grounds of incapacity or misbehaviour, and
(c)enabling the [F2Lord Chancellor] to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.]
[F3(1A)The following provisions apply to an order under subsection (1)—
(a)if the order includes provision falling within subsection (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order;
(b)if the order includes provision falling within subsection (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision.
(1B)The Lord Chief Justice may, with the concurrence of the Lord Chancellor, by order make provision as to the proceedings of the Council.]
(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The validity of anything done by the Council is not affected by any vacancy among its members, by any defect in the appointment of a member or by any failure to comply with section 167(3), (6) or (7).
(4)The Lord Chancellor may pay—
(a)to any judicial member who is appointed by virtue of being a lay justice, such remuneration or expenses as he may determine, and
(b)to any other judicial member or the Lord Chief Justice, such expenses as he may determine.
(5)The [F2Lord Chancellor] may pay to any non-judicial member such remuneration or expenses as he may determine.
[F5(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 (1B).]
Textual Amendments
F1S. 168(1)(b)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 358(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F2Words in s. 168(1)(c)(5) substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 9(3)
F3S. 168(1A)(1B) substituted (3.4.2006) for s. 168(2) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 358(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F4S. 168(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 146, 148, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)
F5S. 168(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 358(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
Modifications etc. (not altering text)
C1S. 168(1)(c): functions transferred to the Lord Chancellor (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(c) (with art. 7)
C2S. 168(5): functions transferred to the Lord Chancellor (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(c) (with art. 7)
Commencement Information
I1S. 168 wholly in force at 27.2.2004; s. 168(1)(2) in force at Royal Assent, see s. 336(1); s. 168(3)-(5) in force at 27.2.2004 by S.I. 2004/81, art. 5
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