Judicial Appointments Commission Act 2023

18

Member of Commission ceasing to hold judicial office or resigning as member of Commission

18. (1) A person who is a member of the Commission by virtue of holding the judicial office of Chief Justice, President of the Court of Appeal, President of the High Court, President of the Circuit Court or President of the District Court shall, upon ceasing for any reason to hold that judicial office, cease to be a member of the Commission.

(2) Where the person referred to in subsection (1) who ceases to hold judicial office is the Chief Justice, the most senior ordinary judge of the Supreme Court shall be a member of the Commission until the successor to the Chief Justice is appointed.

(3) Where the person referred to in subsection (1) who ceases to hold judicial office is the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, the most senior ordinary judge of the court concerned shall be a member of the Commission until the successor to the President of the court concerned is appointed.

(4) A person appointed under section 12 to be a member of the Commission shall, upon ceasing for any reason to hold judicial office, cease to be a member of the Commission and a member shall be nominated and appointed in his or her place in accordance with subsections (6) and (7) of that section.

(5) A person who is a member of the Commission by virtue of having been appointed under section 12 may resign from the Commission by notice in writing to the Minister and—

(a) the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees, that date, and

(b) subsection (4) shall apply, with any necessary modifications, as it applies when he or she ceases to hold judicial office.