Section 39: Supplementary panel, Constitutional Reform Act 2005

There is to be a panel of persons known as the supplementary panel.

On the commencement of this section any member of the House of Lords who—

meets one of the conditions in subsection (3),

does not hold high judicial office,

has not attained the age of 75, and

is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,

becomes a member of the panel.

The conditions are—

that he ceased to hold high judicial office less than 5 years before the commencement of this section;

that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;

that he ceased to be a member of that Committee less than 5 years before that commencement.

A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office or within 2 years of ceasing to hold such office—

his membership of the panel is approved in writing by the President of the Supreme Court, and

the President of the Court gives the Lord Chancellor notice in writing of the approval.

Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.

Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—

while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,

he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or

his office is declared vacant under section 36.

A person does not become a member of the supplementary panel under subsection (4) or (6) if—

on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or

on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.

A member of the supplementary panel may resign by notice in writing to the President of the Court.

Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—

at the end of 5 years after the last day on which he holds his qualifying office, or

if earlier, at the end of the day on which he attains the age of 75.

In this section—

"office as a senior territorial judge" has the same meaning as in section 38;

a person's "qualifying office" is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.

Section 39: Supplementary panel

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