COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 105 Tenure and oaths of office and retirement of judges.

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COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 105

Tenure and oaths of office and retirement of judges.

105.[(1) Subject to sub-section (1A), the Lord Chancellor may, if he thinks
fit, remove a judge from office on the ground of incapacity or misbehaviour.

(1A) Sub-section (1) shall not apply to a judge holding office immediately
before 1st January 1974 but

(a)subject to paragraph (b), every such judge shall hold office during good
behaviour subject to a power of removal by Her Majesty on an address presented
to Her Majesty by both Houses of the Parliament of the United Kingdom;

(b)where the Lord Chancellor is satisfied that by reason of infirmity of mind
or body any such judge is incapable of discharging the duties of his office,
and that the incapacity is likely to be permanent, he may, upon hearing any
representations made by or on behalf of the judge, remove him from office.]

(2) ....

(3) Every judge shall as soon as he may after his appointment, and before
entering upon his office, take, before the Lord Chief Justice or other judge
of the Supreme Court, the oath of allegiance and judicial oath as provided by
the Promissory Oaths Act, 1868; and that Act shall have effect accordingly.

(4) ... every judge ... shall vacate his office at the end of the completed
year of service in the course of which he attains the age of seventy-two
years:

Provided that any judge who, if he were so to vacate his office, would not
have completed fifteen years' service, may (subject to sub-sections (1) [and
(1A)]) continue in office until the end of the completed year of service in
which he completes fifteen years' service or attains the age of seventy-five
years, whichever first occurs.[

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Northern Irish Legislation

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 105