Part 3The Supreme Court
Terms of appointment
36Medical retirement
1
This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—
a
is disabled by permanent infirmity from the performance of the duties of his office, and
b
is for the time being incapacitated from resigning his office.
2
The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.
3
A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.
4
But such a declaration has no effect unless it is made—
a
in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;
b
in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;
c
in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.