3(1)Subject to the following provisions of this paragraph [F1and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five)], each judicial member of the tribunal shall hold office until [F2the day on which he attains the age of seventy] and shall then retire.E+W+S
F3[(2)Where the Lord Chancellor considers it desirable in the public interest to retain a judicial member in office after he reaches that age, he may from time to time authorise that member’s continuance in office until such date (not later than the date on which that member reaches seventy-five) as he thinks fit.]
(3)The Lord Chancellor may, if he thinks fit, remove a judicial member from office on the ground of incapacity or misbehaviour.
[F4(3A)The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
(3B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.]
(4)A judicial member may at any time by notice in writing to the Lord Chancellor resign his office.
(5)Subject to the preceding provisions of this paragraph and to paragraph 6 below, a judicial member shall hold and vacate office in accordance with such terms and conditions as may be determined by the Lord Chancellor at the time of his appointment and shall, on ceasing to hold office, be eligible for reappointment.
Textual Amendments
F1Words in Sch. 4 para. 3(1) inserted (31.3.1995) by 1993 c. 8, ss. 26, Sch. 6 para. 57(2)(a) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F2Words in para. 3(1) substituted (31.3.1995) by 1993 c. 8, ss. 26, para. 57(2)(b) (with Sch. 7 paras.2(2), 3(2), 4); S.I. 1995/631, art. 2
F3Sch. 4 para. 3(2) repealed and superseded (31.3.1995) by 1993 c. 8, ss. 26(4)-(6), Sch. 6 para. 57(3), Sch.9 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F4Sch. 4 para. 3(3A)(3B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 179(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)