C3C4C1C2Part 2Judicial appointments

Annotations:
Modifications etc. (not altering text)
C1

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)

C2

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 ”.