Section 36: Medical retirement

Constitutional Reform Act 2005 · 2005 c. 4View on legislation.gov.uk

Part 3: The Supreme Court

This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—

is disabled by permanent infirmity from the performance of the duties of his office, and
is for the time being incapacitated from resigning his office.

The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.

A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.

But such a declaration has no effect unless it is made—

in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;
in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;
in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.