SCHEDULE 12The Judicial Appointments Commission
Part 1The Commissioners
Term of office etc. of Commissioners
12
(1)
A Commissioner must be appointed for a fixed period.
(2)
But an appointment is subject to paragraphs 13 to 15.
13
A person—
(a)
may not be appointed as a Commissioner for more than 5 years at a time, and
(b)
may not hold office as a Commissioner for periods (whether or not consecutive) totalling more than 10 years.
14
(1)
A Commissioner—
(a)
in the case of the chairman, ceases to be a Commissioner (and chairman) on ceasing to be a lay member;
(b)
in the case of a judicial or professional member, ceases to be a Commissioner on the earlier of ceasing to be such a member, and ceasing to fall within the paragraph of paragraph 2(3) or 2(4) for the purposes of which he was appointed;
(c)
in any other case, ceases to be a Commissioner on ceasing to fall within the paragraph of paragraph 2(2) for the purposes of which he was appointed.
(2)
But if (before or after an event within paragraph (a) or (b) of sub-paragraph (1)) the Lord Chancellor directs in a particular case that that paragraph is to be disregarded for a period specified in the direction, the person continues to be a Commissioner until the end of that period, subject to the terms of his appointment and the other provisions of this Schedule.
(4)
A Commissioner ceases to be a Commissioner if he becomes employed in the civil service of the State.
15
(1)
A Commissioner may at any time—
(a)
resign his office by notice in writing addressed to Her Majesty;
(b)
be removed from office by Her Majesty on the recommendation of the Lord Chancellor.
(2)
The Lord Chancellor may not under sub-paragraph (1) recommend that a Commissioner be removed from office unless he is satisfied that the Commissioner—
(a)
has failed without reasonable excuse to discharge the functions of his office for a continuous period of at least six months,
(b)
has been convicted of an offence,
(c)
is an undischarged bankrupt, or
(d)
is otherwise unfit to hold his office or unable to discharge its functions.
(3)
A recommendation on the ground mentioned in sub-paragraph (2)(a) may not be made more than 3 months after the end of the period mentioned there.