Part IVAppeals, courts, judges and court proceedings

Judges etc.

68Judges holding office in European or international courts

1

A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.

2

In this section—

  • “United Kingdom judicial office” means the office of—

    1. a

      Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,

    2. b

      judge of the Court of Session or sheriff, in Scotland, or

    3. c

      Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and

  • “relevant international court” means—

    1. a

      any court established for any purposes of the European Communities, or

    2. b

      any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.

3

A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office—

a

for the purposes of section 12(1) to (6) of the [1981 c. 54.] Supreme Court Act 1981, section 9(1)(c) or (d) of the [1973 c. 15.] Administration of Justice Act 1973, section 18 of the [1971 c. 23.] Courts Act 1971, section 14 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 or section 106 of the [1959 c. 25(N.I.).] County Courts Act (Northern Ireland) 1959 (judicial salaries),

b

for the purposes of, or of any scheme established by and in accordance with, the [1993 c. 8.] Judicial Pensions and Retirement Act 1993, the [1981 c. 20.] Judicial Pensions Act 1981, the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

c

for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the [1988 c. 36.] Court of Session Act 1988 or section 2(1) or 3(1) of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (judicial numbers).

4

If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

5

The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

6

In subsection (5) “the appropriate Minister” means—

a

in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

b

in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

7

A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.