- Latest available (Revised)
- Original (As enacted)
Constitutional Reform Act 2005, Cross Heading: Terms of appointment is up to date with all changes known to be in force on or before 26 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A person who is appointed as President of the Court must, as soon as may be after accepting office, take the required oaths in the presence of—
(a)the Deputy President, or
(b)if there is no Deputy President, the senior ordinary judge.
(2)A person who is appointed as Deputy President of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—
(a)the President, or
(b)if there is no President, the senior ordinary judge.
(3)A person who is appointed as a judge of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—
(a)the President, or
(b)if there is no President, the Deputy President, or
(c)if there is no President and no Deputy President, the senior ordinary judge.
(4)Subsections (1) and (2) apply whether or not the person appointed as President or Deputy President has previously taken the required oaths in accordance with this section after accepting another office.
(5)Subsection (3) does not apply where a person is first appointed as a judge of the Court upon appointment to the office of President or Deputy President.
(6)In this section “required oaths” means—
(a)the oath of allegiance, and
(b)the judicial oath,
as set out in the Promissory Oaths Act 1868 (c. 72).
A judge of the Supreme Court holds that office during good behaviour, but may be removed from it on the address of both Houses of Parliament.
(1)A judge of the Supreme Court is entitled to a salary.
(2)The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.
(3)Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.
(4)A determination under subsection (2) may increase but not reduce the amount.
(5)Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.
(6)Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.
(1)A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.
(2)The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.
(3)In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
(1)This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—
(a)is disabled by permanent infirmity from the performance of the duties of his office, and
(b)is for the time being incapacitated from resigning his office.
(2)The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.
(3)A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.
(4)But such a declaration has no effect unless it is made—
(a)in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;
(b)in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;
(c)in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.
(1)In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—
(a)in the first column, substitute “ Judge of the Supreme Court ”, and
(b)in the second column, in each place substitute “ judge of the Supreme Court ”.
(2)In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
(3)The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: