Part IV Appeals, courts, judges and court proceedings

Judges etc.

68 Judges holding office in European or international courts.

1

A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.

2

In this section—

  • “United Kingdom judicial office” means the office of—

    1. a

      Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,

    2. b

      judge of the Court of Session or sheriff, in Scotland, or

    3. c

      Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and

  • “relevant international court” means—

    1. a

      any court established for any purposes of the F5European Union, or

    2. b

      any international court (apart from the European Court of Human Rights) which is designated F1in relation to the holder of a United Kingdom judicial office by the appropriate Minister.

3

A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office—

a

for the purposes of section 12(1) to (6) of the F2Senior Courts Act 1981, section 9(1)(c) or (d) of the M1Administration of Justice Act 1973, section 18 of the M2Courts Act 1971, F6section 16 of the Courts Reform (Scotland) Act 2014 or section 106 of the M3County Courts Act (Northern Ireland) 1959 (judicial salaries),

C1b

for the purposes of, or of any scheme established by and in accordance with, the M4Judicial Pensions and Retirement Act 1993, the M5Judicial Pensions Act 1981, the M6Sheriffs’ Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

c

for the purposes of section 2(1) or 4(1) of the F2Senior Courts Act 1981, section 1(1) of the M7Court of Session Act 1988 or section 2(1) or 3(1) of the M8Judicature (Northern Ireland) Act 1978 (judicial numbers).

4

If the sheriff principal of any sheriffdom also holds office in a relevant international court, F7section 6 of the Courts Reform (Scotland) Act 2014 (temporary sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

5

The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

6

In F3this section “the appropriate Minister” means—

a

in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

b

in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

7

A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F48

The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.

9

The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.

10

The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).

11

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).