PART XIJUDGES AND DEPUTY JUDGES
105Tenure and oaths of office and retirement of judges.
F2F31
Subject to sub-section (1A), the Lord Chancellor may, if he thinks fit, remove a judge from office on the ground of incapacity or misbehaviour.
F21A
Sub-section (1) shall not apply to a judge holding office immediately before 1st January 1974 but—
a
subject to paragraph ( b), every such judge shall hold office during good behaviour subject to a power of removal by Her Majesty on an address presented to Her Majesty by both Houses of the Parliament of the United Kingdom;
b
where the Lord Chancellor is satisfied that by reason of infirmity of mind or body any such judge is incapable of discharging the duties of his office, and that the incapacity is likely to be permanent, he may, upon hearing any representations made by or on behalf of the judge, remove him from office.]
Subs. (3) rep. by 2002 c. 26
F14
Every judge shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (F4 Lord Chancellor's power to authorise continuance in office up to the age of 75).