{
  "url": "https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-23",
  "json_url": "https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017/regulation-23.json",
  "legislation": "uksi/2017/522",
  "legislation_title": "The Judicial Pensions (Fee-Paid Judges) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/judicial-pensions-fee-paid-judges-regulations-2017",
  "path": "regulation/23",
  "kind": "regulation",
  "number": "23",
  "heading": "Ill-health certification condition",
  "text": "(1) The ill-health certification condition is met in relation to P if the appropriate Minister—\n(a) has received a medical certificate—\n(i) stating that P has suffered a permanent breakdown in health that makes P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement; or\n(ii) (where P retired due to ill-health before the commencement day or, as applicable, before the amendment day), stating that at the date on which P had retired, P had suffered a permanent breakdown in health that made P incapable of discharging the duties of the judicial office or offices which P held immediately before retirement;\n(b) is satisfied as to the matters contained in that certificate; and\n(c) has, where the appropriate Minister is the Lord Chancellor, consulted—\n(i) the Lord Chief Justice of England and Wales (if P held a judicial office in England and Wales);\n(ii) the Lord Chief Justice of Northern Ireland (if P held a judicial office in Northern Ireland).\n(2) For the purposes of this regulation P's breakdown in health is “permanent” if it is likely to continue until—\n(a) the day on which P reaches the age of 65; or\n(b) if later, the day on which, if P had not retired, P would have completed 5 years' qualifying judicial service.\n(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 ) to exercise any of his or her functions under this regulation.\n(4) The Lord Chief Justice of Northern Ireland may nominate—\n(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 , or\n(b) a Lord Justice of Appeal (as defined in section 88 of that Act ),\nto exercise any of his or her functions under this regulation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 23(1) substituted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 24(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 23(1)(a)(ii) inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 24(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "2005 c.4. Section 109 was amended by paragraph 63 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15)."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "2002 c.26. Schedule 1 was amended by paragraph 122 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); paragraph 35 of Schedule 4 to the Northern Ireland Act 2009 (c.3); Part 1 of Schedule 23 to the Tribunals, Courts and Enforcement Act 2007; S.I. 2005/1117; S.I. 2009/56; S.R. 2006/469."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Section 88 was amended by paragraph 14(3) of the Schedule to the Department of Justice Act (Northern Ireland) 2010 (c.3) and paragraph 2 of Schedule 6 to the Public Services Ombudsman Act (Northern Ireland) 2016 (c.4 (N.I.)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/522/regulation/23",
    "retrieved_at": "2026-10-31T10:31:24.532822+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}