Appellate Jurisdiction Act 1876 (repealed)

6 Appointment of Lords of Appeal in Ordinary by Her Majesty. U.K.

For the purpose of aiding the House of Lords in the hearing and determination of appeals, Her Majesty may . . . F1 by letters patent appoint . . . F2 qualified persons to be Lords of Appeal in Ordinary . . . F1

A person shall not be qualified to be appointed by Her Majesty a Lord of Appeal in Ordinary unless he has been at or before the time of his appointment the holder for a period of not less than two years of some one or more of the offices in this Act described as high judicial offices, or has been at or before such time as aforesaid, for not less than fifteen years,

[F3(a)a person who has a Supreme Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b)an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or

(c) a [F4member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Judicature of Northern Ireland].]

Every Lord of Appeal in Ordinary shall hold his office during good behaviour, . . . F5 but he may be removed from such office on the address of both Houses of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Every Lord of Appeal in Ordinary, unless he is otherwise entitled to sit as a member of the House of Lords, shall by virtue and according to the date of his appointment be entitled during his life to rank as a Baron by such style as Her Majesty may be pleased to appoint, and shall . . . F1 be entitled to a writ of summons to attend, and to sit and vote in the House of Lords; his dignity as a Lord of Parliament shall not descend to his heirs.

On any Lord of Appeal in Ordinary vacating his office, by death resignation or otherwise, Her Majesty may fill up the vacancy by the appointment of another qualified person.

A Lord of Appeal in Ordinary shall, if a Privy Councillor, be a member of the Judicial Committee of the Privy Council, and, subject to the due performance by a Lord of Appeal in Ordinary of his duties as to the hearing and determining of appeals in the House of Lords, it shall be his duty, being a Privy Councillor, to sit and act as a member of the Judicial Committee of the Privy Council.

Textual Amendments

F4Words in s. 6(c) substituted (15.10.2002) by 2002 c. 26, s. 18(1); S.R. 2002/319, art. 2, Sch.

Modifications etc. (not altering text)

C1Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2