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Constitutional Reform Act 2005
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- UK Public General Acts
- 2005 c. 4
- Part 5
- Chapter 2
- Section 135
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Changes over time for: Section 135
Version Superseded: 12/04/2010
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- 03/04/2006- Amendment
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135Tribunals for considering removalN.I.
This section has no associated Explanatory Notes
(1)A tribunal to consider the removal of the Lord Chief Justice may be convened by the Lord Chancellor.
(2)A tribunal to consider the removal of the holder of any other protected judicial office may be convened—
(a)by the Lord Chancellor, after consulting the Lord Chief Justice, or
(b)by the Lord Chief Justice, after consulting the Lord Chancellor.
(3)A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.
(4)A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—
(a)a person who holds high judicial office within the meaning of Part 3 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
(b)a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
(c)a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
(5)A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—
(a)a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,
(b)a person who holds the office of judge of the High Court, and
(c)a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
(6)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4)or (5).
(7)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor, after consultation with—
(a)the Lord Chief Justice (unless the tribunal is to consider his removal from office),
(b)the President of the Supreme Court of the United Kingdom,
(c)the Lord Chief Justice of England and Wales, and
(d)the Lord President of the Court of Session.
(8)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.
(9)The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the Lord Chancellor.
(10)The procedure of a tribunal is to be determined by the Lord Chief Justice except where—
(a)the office of Lord Chief Justice is vacant,
(b)he is not available, or
(c)the tribunal is to consider his removal from office;
and in such a case its procedure is to be determined by its chairman.
(11)The Lord Chancellor may pay to a member of a tribunal any such allowances or fees as he may determine.
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