38U.K.The Courts-Martial (Appeals) Act 1951 is amended as follows.
39U.K.In section 28 (provisions with respect to office of Judge Advocate of fleet), after subsection (3) insert—
“(3A)The Lord Chancellor may make a recommendation under subsection (3) only with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.”
40U.K.In section 32 (tenure of office of Judge Advocate General and assistants), for subsection (1) substitute—
“(1)The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.
(1A)The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.
(1B)An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.
(1C)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a)the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b)the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”