Section 54 — Tribunals, Courts and Enforcement Act 2007: Continuation of judicial office after normal retirement date

Continuation of judicial office after normal retirement date 54 1 Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement date for holders of certain judicial offices etc.) is amended as follows.

2 In subsection (12), in the definition of “the appropriate person”, after paragraph (c) insert ;

d the Senior President of Tribunals in the case of a person who holds a judicial office that—

i is specified in subsection (12A) below, and ii is not in the person's case an office to which any of paragraphs (a) to (c) above applies;

e the Lord Chief Justice of England and Wales in the case of a person who holds a judicial office that is not in the person's case an office to which any of paragraphs (a) to (d) applies; .

3 After subsection (12) insert— 12A The judicial offices mentioned in paragraph (d) of the definition of “appropriate person” in subsection (12) above are—

a Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal;

b judge, or other member, of the First-tier Tribunal or of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007 (“ the 2007 Act ”);

c deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the 2007 Act, except in a case where the holding of the office by the person in question falls within subsection (7)(ga) above;

d transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the 2007 Act);

e deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the 2007 Act;

f an office held by a person if the person's holding of the office results in the person being a member of, or person who is, a tribunal in a list in Schedule 6 to the 2007 Act that has effect for the purposes of section 30 of that Act (but only if the office is specified in Schedule 5 to this Act);

g President or other member of the Asylum and Immigration Tribunal;

h member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996;

i member of a panel of chairmen of employment tribunals. 12B Neither paragraph (d) nor paragraph (e) of the definition of “appropriate person” in subsection (12) above applies to an office held by a person if provision about that person's continuation in the office after the compulsory retirement date for the office—

a would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or b would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

4 In subsection (13) (Lord Chief Justices to exercise functions under section with concurrence of Lord Chancellor), after “Northern Ireland” insert “ or the Senior President of Tribunals ” .