Supreme Court Act 1981

11 Tenure of office of judges of Supreme Court

(1) This section applies to the office of any judge of the Supreme Court except the Lord Chancellor.

(2) A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of seventy-five years unless by virtue of this section he has ceased to hold it before then.

(3) A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.

(4) A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming Lord Chancellor or a Lord of Appeal in Ordinary.

(5) A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal.

(6) A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal.

(7) A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect.

(8) The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies—

(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,

may, subject to subsection (9), by instrument under his hand declare that person's office to have been vacated ; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.

(9) A declaration under subsection (8) with respect to a person shall be of no effect unless it is made—

(a) in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor, with the concurrence of two others of them;

(b) in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls ;

(c) in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.

(10) Subsection (2) shall not apply to a person who held an office to which this section applies on 17th December 1959 and did not elect under section 3 of the [1959 c. 9 (8 & 9 Eliz. 2.).] Judicial Pensions Act 1959 that the corresponding provision in that Act should apply to him.