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Tribunals, Courts and Enforcement Act 2007

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Tribunals, Courts and Enforcement Act 2007, Cross Heading: Terms of appointment is up to date with all changes known to be in force on or before 10 December 2016. 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. Help about Changes to Legislation

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Terms of appointmentE+W+S+N.I.

4(1)This paragraph applies—E+W+S+N.I.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the First-tier Tribunal, and

(c)to a transferred-in other member of the First-tier Tribunal.

(2)If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on the ground of inability or misbehaviour.

[F1(2A)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 (and in accordance with paragraph 3), and

(b)only on—

(i)the ground of inability or misbehaviour, or

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

(2B)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 70, or

(b)if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case,

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C)Extension under sub-paragraph (2B)—

(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.]

(3)Subject to [F2the preceding provisions of this paragraph (but subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office in accordance with the terms of his appointment[F3, which are to be such as the Lord Chancellor may determine].

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