Article 17 Duration of term in office and vacanciesI1

England and Wales

(1)

Subject to paragraphs (2), (5) and (6), a chairman and deputy chairman elected under Rules 8 to 15 inclusive will serve a term of one year commencing on 1st April following their election and ending on 31st March of the following year (the “normal term”).

(2)

The term may be less than one year if—

(a)

the chairman or deputy chairman ceases to act as such, whether by ceasing to be a justice, resignation or for any other reason, in which case the term finishes on the date the person ceases to act, or

(b)

the relevant local justice area ceases to exist, in which case the term finishes on the date the local justice area ceases to exist.

(3)

Where a vacancy arises during the normal term under paragraph (2), the F1justices' legal adviser must, as soon as possible, commence the election procedure in respect of the vacancy.

(4)

Paragraph (3) does not apply if the vacancy is that of a deputy chairman and the chairman determines that the vacancy should not be filled.

(5)

The term may commence on a date other than 1st April if—

(a)

there has been an election under paragraph (3), in which case the term commences on the date of the election or such other date as may have been specified by or on behalf of the F2justices' legal adviser, or

(b)

a new local justice area is created, in which case a new term commences on the date that the new local justice area comes into existence.

(6)

Subject to paragraph (7), in respect of a justice elected to a vacancy under paragraph (5), the term is until the end date of the normal term.

(7)

If a justice is elected under paragraph (5) in respect of a term commencing on a date between 1st January and 31st March in any given year, the term continues until 31st March of the following year.

Annotations

Textual amendments

F1: Words in rule 17(3) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(j) (with reg. 4)
F2: Words in rule 17(5)(a) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(j) (with reg. 4)

Commencement

I1: Rule 17 in force at 31.7.2016, see rule 1(2)(c)