Legislation – Tribunals, Courts and Enforcement Act 2007
Changes to legislation:
Tribunals, Courts and Enforcement Act 2007, Paragraph 4 is up to date with all changes known to be in force on or before 10 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![]()
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 3 Paragraph 4:
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
SCHEDULE 3Judges and other members of the Upper Tribunal
Terms of appointment
4
(1)
This paragraph applies—
(a)
to a person appointed under paragraph 1(1) or 2(1),
(b)
to a transferred-in judge of the Upper Tribunal, and
(c)
to a transferred-in other member of the Upper Tribunal.
(2)
If the terms of the person’s appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—
(a)
only by the Lord Chancellor (and in accordance with paragraph 3), and
(b)
only on the ground of inability or misbehaviour.
F1(2A)
If the terms of the person’s appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office—
(a)
only by the Lord Chancellor (and in accordance with paragraph 3), and
(b)
only on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of appointment.
(2B)
If the period (or extended period) for which the person is appointed ends before—
(a)
the day on which the person attains the age of F275
F3(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person’s appointment (including a period already extended under this sub-paragraph) before it ends.
(2C)
Extension under sub-paragraph (2B)—
(a)
requires the person’s agreement,
(b)
is to be for such period as the Lord Chancellor considers appropriate, and
(c)
may be refused on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of appointment,
but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.
(3)
Subject to F4the preceding provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office as a judge, or other member, of the Upper Tribunal in accordance with the terms of his appointmentF5, which are to be such as the Lord Chancellor may determine.