Part 5

Judicial Appointments and Removals: Northern Ireland
Chapter 2

Removals

Tribunals for considering removal
135
1
A tribunal to consider the removal of the Lord Chief Justice may be convened by the Lord Chancellor.
2
A tribunal to consider the removal of the holder of any other protected judicial office may be convened—
a
by the Lord Chancellor, after consulting the Lord Chief Justice, or
b
by the Lord Chief Justice, after consulting the Lord Chancellor.
3
A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.
4
A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—
a
a person who holds high judicial office within the meaning of Part 3 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
b
a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
c
a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
5
A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—
a
a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,
b
a person who holds the office of judge of the High Court, and
c
a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
6
The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4)or (5).
7
The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor, after consultation with—
a
the Lord Chief Justice (unless the tribunal is to consider his removal from office),
b
the President of the Supreme Court of the United Kingdom,
c
the Lord Chief Justice of England and Wales, and
d
the Lord President of the Court of Session.
8
The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.
9
The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the Lord Chancellor.
10
The procedure of a tribunal is to be determined by the Lord Chief Justice except where—
a
the office of Lord Chief Justice is vacant,
b
he is not available, or
c
the tribunal is to consider his removal from office;
and in such a case its procedure is to be determined by its chairman.
11
The Lord Chancellor may pay to a member of a tribunal any such allowances or fees as he may determine.