Public Service Pensions and Judicial Offices Act 2022

124 Appointment to sitting in retirement offices

(1) The appointing authority may appoint an eligible person to a sitting in retirement office if —

(a) it appears to the appointing authority that it is expedient to make the appointment to facilitate the disposal of business in any court or tribunal to which a person appointed to the office in question may be deployed, and

(b) the person is qualified for appointment to the corresponding original office.

(2) “The appointing authority”, in relation to a sitting in retirement office, means—

(a) where the corresponding original office is listed in Part 1 of Schedule 3, the Lord Chief Justice;

(b) where the corresponding original office is listed in Part 2 of Schedule 3, the Senior President of Tribunals;

(c) where the corresponding original office is listed in Part 3 of Schedule 3, the Lord Chief Justice of Northern Ireland;

(d) where the corresponding original office is listed in Part 4 of Schedule 3, the Northern Ireland Judicial Appointments Commission;

(e) where the corresponding original office is listed in Part 5 of Schedule 3, the President of Welsh Tribunals;

(f) where the corresponding original office is listed in Part 6 of Schedule 3, the Lord President of the Court of Session.

(3) “An eligible person”, in relation to an appointment to a sitting in retirement office, means a person who—

(a) holds or has held a prescribed office, and

(b) is a person of such further description as may be prescribed.

(4) In subsection (3), “prescribed” means prescribed by regulations made by—

(a) where the corresponding original office is listed in Part 1 of Schedule 3, the Lord Chancellor with the concurrence of the Lord Chief Justice;

(b) where the corresponding original office is listed in Part 2 of Schedule 3, the Lord Chancellor with the concurrence of the Senior President of Tribunals;

(c) where the corresponding original office is listed in Part 3 of Schedule 3, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland;

(d) where the corresponding original office is listed in Part 4 of Schedule 3, the Department of Justice in Northern Ireland;

(e) where the corresponding original office is listed in Part 5 of Schedule 3, the Welsh Ministers with the concurrence of the President of Welsh Tribunals;

(f) where the corresponding original office is listed in Part 6 of Schedule 3, the Lord Chancellor with the concurrence of the Lord President of the Court of Session.

(5) Before making an appointment under this section, the Lord Chief Justice, the Senior President of Tribunals or the Lord Chief Justice of Northern Ireland must obtain the agreement of the Lord Chancellor.

(6) Before making an appointment under this section, the Northern Ireland Judicial Appointments Commission must obtain the agreement of the Department of Justice in Northern Ireland.

(7) Before making an appointment under this section, the President of Welsh Tribunals must obtain the agreement of—

(a) where the appointment is to an office to which subsection (8) applies, the Welsh Ministers, or

(b) in any other case, the Lord Chancellor.

(8) This subsection applies to—

(a) the office of Member of the Adjudication Panel for Wales (sitting in retirement), and

(b) the office of Legal member of the Welsh Language Tribunal (sitting in retirement).

(9) The Lord Chief Justice may nominate a judicial office holder as defined in section 109(4) of the Constitutional Reform Act 2005 to exercise functions of the Lord Chief Justice under this section.

(10) The Lord Chief Justice of Northern Ireland may nominate either of the following persons to exercise functions of the Lord Chief Justice of Northern Ireland under this section—

(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).

(11) Regulations under this section are subject to the negative procedure.