Part 3The Supreme Court
Acting judges
39Supplementary panel
1
There is to be a panel of persons known as the supplementary panel.
2
On the commencement of this section any member of the House of Lords who—
a
meets one of the conditions in subsection (3),
b
does not hold high judicial office,
c
has not attained the age of 75, and
d
is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,
becomes a member of the panel.
3
The conditions are—
a
that he ceased to hold high judicial office less than 5 years before the commencement of this section;
b
that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;
c
that he ceased to be a member of that Committee less than 5 years before that commencement.
4
A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office F1or within 2 years of ceasing to hold such office—
a
his membership of the panel is approved in writing by the President of the Supreme Court, and
b
the President of the Court gives the Lord Chancellor notice in writing of the approval.
5
Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.
6
Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—
a
while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,
b
he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or
c
his office is declared vacant under section 36.
7
A person does not become a member of the supplementary panel under subsection (4) or (6) if—
a
on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or
b
on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.
8
A member of the supplementary panel may resign by notice in writing to the President of the Court.
9
Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—
a
at the end of 5 years after the last day on which he holds his qualifying office, or
b
if earlier, at the end of the day on which he attains the age of 75.
10
In this section—
a
“office as a senior territorial judge” has the same meaning as in section 38;
b
a person's “qualifying office” is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.