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Administration of Justice Act 1973

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This is the original version (as it was originally enacted).

12Retirement of higher judiciary in event of incapacity

(1)Where the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as Lord of Appeal in Ordinary, as judge of the Supreme Court in England and Wales or as judge of the Supreme Court in Northern Ireland is disabled by permanent infirmity from the performance of the duties of his office, but is for the time being incapacitated from resigning it, then subject to subsections (2) to (4) below the Lord Chancellor may by instrument under his hand declare that person's office to have been vacated, and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.

(2)A declaration under this section with respect to a Lord of Appeal in Ordinary shall be of no effect unless it is made with the concurrence of the senior of the Lords of Appeal or, if made with respect to him, with that of the next senior of them.

(3)A declaration under this section with respect to a judge of the Supreme Court in England and Wales shall be of no effect unless it is made—

(a)in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor, with the concurrence of two others of them;

(b)in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls ;

(c)in the case of a puisne judge of the Queen's Bench Division, with the concurrence of the Lord Chief Justice;

(d)in the case of a puisne judge of the Chancery Division other than the Vice-Chancellor, with the concurrence of the Vice-Chancellor;

(e)in the case of a puisne judge of the Family Division, with the concurrence of the President of the Family Division.

(4)A declaration under this section with respect to a judge of the Supreme Court of Northern Ireland shall be of no effect unless it is made with the concurrence of the Lord Chief Justice of Northern Ireland or, if made with respect to him, with that of the senior Lord Justice of Appeal.

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