C4C3C1C2Part 2Judicial appointments
Pt. 2 applied (E.W.) (7.1.2014) by Welsh Language (Wales) Measure 2011 (nawm 1), s. 156(2), Sch. 11 para. 3(3); S.I. 2013/3140, art. 2(k)
2007 c. 15, Pt. 2 applied (E.W.) (prosp.) by Welsh Language (Wales) Measure 2011 (nawm 1), ss. 120, 156, Sch. 11 para. 3(3)
2007 c. 15, Pt. 2 applied (E.W.) (prosp.) by Welsh Language (Wales) Measure 2011 (nawm 1), ss. 120, 156, Sch. 11 para. 4(3)
54Continuation of judicial office after normal retirement date
1
Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement date for holders of certain judicial offices etc.) is amended as follows.
2
In subsection (12), in the definition of “the appropriate person”, after paragraph (c) insert
;
d
the Senior President of Tribunals in the case of a person who holds a judicial office that—
i
is specified in subsection (12A) below, and
ii
is not in the person's case an office to which any of paragraphs (a) to (c) above applies;
e
the Lord Chief Justice of England and Wales in the case of a person who holds a judicial office that is not in the person's case an office to which any of paragraphs (a) to (d) applies;
3
After subsection (12) insert—
12A
The judicial offices mentioned in paragraph (d) of the definition of “appropriate person” in subsection (12) above are—
a
Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal;
b
judge, or other member, of the First-tier Tribunal or of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”);
c
deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the 2007 Act, except in a case where the holding of the office by the person in question falls within subsection (7)(ga) above;
d
transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the 2007 Act);
e
deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the 2007 Act;
f
an office held by a person if the person's holding of the office results in the person being a member of, or person who is, a tribunal in a list in Schedule 6 to the 2007 Act that has effect for the purposes of section 30 of that Act (but only if the office is specified in Schedule 5 to this Act);
g
President or other member of the Asylum and Immigration Tribunal;
h
member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996;
i
member of a panel of chairmen of employment tribunals.
12B
Neither paragraph (d) nor paragraph (e) of the definition of “appropriate person” in subsection (12) above applies to an office held by a person if provision about that person's continuation in the office after the compulsory retirement date for the office—
a
would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
b
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
4
In subsection (13)
(Lord Chief Justices to exercise functions under section with concurrence of Lord Chancellor), after “Northern Ireland” insert “
or the Senior President of Tribunals
”
.
Pt. 2 applied (E.W.) (7.1.2014) by Welsh Language (Wales) Measure 2011 (nawm 1), s. 156(2), Sch. 11 para. 4(3); S.I. 2013/3140, art. 2(k)