SCHEDULES
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 F1or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), 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.