Paragraph 5A F1

(1)

This paragraph applies to a person—

(a)

appointed under section 7(6) or (7) as a Chamber President, or

(b)

appointed under paragraph 5(1) or (2) as a Deputy Chamber President of a chamber.

(2)

If the terms of the person's appointment provide that the person is appointed otherwise than on a fee-paid basis, the person may be removed from office—

(a)

only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and

(b)

only on the ground of inability or misbehaviour.

(3)

If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office—

(a)

only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and

(b)

only on—

(i)

the ground of inability or misbehaviour, or

(ii)

a ground specified in the person's terms of appointment.

(4)

If the period (or extended period) for which the person is appointed ends before—

(a)

the day on which the person attains the age of F275

F3(b)

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

then, subject to sub-paragraph (5), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(5)

Extension under sub-paragraph (4)—

(a)

requires the person's agreement,

(b)

is to be for such period as the Lord Chancellor considers appropriate, and

(c)

may be refused on—

(i)

the ground of inability or misbehaviour, or

(ii)

a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

Annotations

Textual amendments

F1: Sch. 4 para. 5A and cross-heading inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(14); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F2: Word in Sch. 4 para. 5A(4)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 36(5)(a) (with Sch. 1 para. 43)
F3: Sch. 4 para. 5A(4)(b) 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. 36(5)(b) (with Sch. 1 para. 43)