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Lord Chancellor's Department
Press Notice
12 April 2000

 

LORD CHANCELLOR ANNOUNCES NEW CONDITIONS OF SERVICE FOR PART-TIME JUDICIAL OFFICE HOLDERS

The Lord Chancellor, Lord Irvine, has completed a review of the terms of service of part-time judicial office-holders in England and Wales, and Northern Ireland following the judgment last November of the Scottish Court in the case of Starrs & Chalmers -v- Procurator Fiscal.

The Lord Chancellor said today:

"The Lord Chief Justice of England and Wales, the Lord Chief Justice of Northern Ireland and I have agreed new arrangements for part-time judicial appointments for which I am responsible. We accord the highest value to the maintenance of judicial independence for all judges, full-time and part-time and arrangements have been fashioned by us for that purpose."

The Lord Chancellor has also decided that no useful purpose is served by retaining the separate offices of Assistant Recorder and Recorder.

"I will, accordingly, be recommending to Her Majesty The Queen that all serving Assistant Recorders should be appointed Recorders. In  future, appointments will be made direct to Recordership through my Department's standard, openly advertised selection procedure."

The changes will also apply to certain part-time Tribunals appointments made by the Lord Chancellor and to office holders appointed by the Chancellor of the Exchequer and the Secretary of State for Social Security.

I believe that the judiciary in England and Wales and Northern Ireland stand comparison with any in the world for its independence of mind and of the Executive and these new arrangements underpin judicial independence.

"In real terms, our judges and tribunal members already enjoy significant security of tenure. However, the Lord Chief Justices and I have decided to put beyond reasonable doubt the safeguards guaranteeing their independence."

These changes will come into effect immediately.

 

Notes for Editors

1. This does not effect magistrates and General Commissioners of Income Tax who are appointed until a retiring age of 70.

2. The part-time appointments affected are:

a. Appointments in ordinary courts in England and Wales:

Deputy High Court judges
Deputy Circuit judges
Recorders
Deputy District judges
Deputy Masters or Registrars of the Supreme Court
Acting Stipendiary Magistrates
Retired Law Lords, Lords Justices and High Court judges.

and the following appointments in Northern Ireland:
Deputy Resident Magistrate,
Deputy County Court Judge,
Deputy District Judge,
Retired Law Lords, Lord Justices and High Court Judges.

b. Part-time Tribunal appointments made by the Lord Chancellor:

Immigration Adjudicators
Members of Immigration Appeal Tribunal
Members of Lands Tribunal
Members of Pensions Appeal Tribunals
Members of the Income & Corporate Taxes Tribunal
Deputy Social Security and Child Support Commissioners
Special Commissioners of Income Tax
Members of the Unified Appeal Tribunals (Social Security)
Chairmen VAT & Duties Tribunal

c. Appointments made by the Secretary of State for Social Security and the Chancellor of the Exchequer

Pensions Ombudsman
Members of the Occupational Pensions Regulatory Authority
Members of the VAT and Duties Tribunals

3. The essential elements of the new arrangements, which will be brought into being administratively are generally as follows:

- part-time appointments will be for a period of not less than 5 years, subject to the relevant upper age limit.

- Where appointments are renewable this will normally be done automatically, except for limited and specified grounds.

- removal from office will likewise be only on limited and specific grounds.

- wherever it is administratively possible, the offer of a minimum number of sitting days will be guaranteed.

- subject to statutory provision, the specified grounds for non-renewal will generally be:

a. misbehaviour
b. incapacity
c. persistent failure to comply with sitting requirements (without good reason)
d. failure to comply with training requirements
e. sustained failure to observe the standards reasonably expected from a holder of such office
f. part of a reduction in numbers because of changes in operational requirements
g. part of a structural change to enable recruitment of new appointees

- the grounds for removal will generally be as at a-e above

- decisions not to renew or to remove on grounds a-e will be taken by the Lord Chancellor only with the concurrence of the Lord Chief Justice and following an investigation conducted by a judge nominated by him

- decisions not to renew on grounds f-g will be on a "first in first out" principle and the decision to use such grounds and the extent to which they will be used will be decided by the Lord
Chancellor with the concurrence of the Lord Chief Justice.

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