OpenLegislation

Section 11 Tenure of office.C1

England and Wales

F1(1)

This subsection applies to the office of district judge.

(2)

Subject to the following provisions of this section F2..., a person who holds an office to which subsection (1) applies shall vacate his office on the day on which he attains the age of F375.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

A person appointed to an office to which subsection (1) applies shall hold that office during good behaviour.

(5)

The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor F5, but only with the concurrence of the Lord Chief Justice.

(6)

The Lord Chancellor may F6, with the concurrence of the Lord Chief Justice, also remove such a person from his office on account of inability to perform the duties of his office.

Annotations

Textual amendments

F1

S. 11(1)(2) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 17(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

F2

Words in s. 11(2) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 19(3)(a) (with Sch. 1 para. 43)

F3

Word in s. 11(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 19(3)(b) (with Sch. 1 para. 43)

F4

S. 11(3) repealed and superseded (31.3.1995) by 1993 c. 8, ss. 26(4)-(6)(10), 31(4), Sch. 6 para. 17(4), Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2

F5

Words in s. 11(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 164(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F6

Words in s. 11(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 164(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Modifications

C1

Ss. 6–9, 11, 12 amended by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 42 which provides that: “(a)for the word “registrar” in each place where it occurs, except where it is in the context of assistant registrar or deputy registrar, there shall be substituted “district judge”; (b)for the words “assistant registrar” in each place where they occur there shall be substituted “assistant district judge”; and(c)for the words “deputy county court registrar” and “deputy registrar” in each place where they occur there shall be substituted “deputy district judge”.”

Notes on District judges and deputy district judges

Textual amendments

F1

S. 6 cross-heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)