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Amendment of section 3 of Act of 1926
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103. Section 3 of the Act of 1926 is amended—
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(a) in subsection (3), by the substitution of “(other than the Master of the High Court)” for “(including the Master of the High Court)”, and
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(b) by the insertion of the following subsections after subsection (4):
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“(4A) The Master of the High Court shall cease to hold office if he or she is—
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(a) convicted on indictment of an offence,
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(b) convicted of an offence involving fraud or dishonesty, or
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(c) sentenced to a term of imprisonment by a court of competent jurisdiction.
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(4B) The Government may, in accordance with this section, remove the Master of the High Court from office if—
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(a) in the opinion of the Government, he or she has become incapable, through ill-health or otherwise, of performing the functions of the office,
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(b) in the opinion of the Government, he or she has failed without reasonable cause to perform the functions of the office for a continuous period of at least 3 months, or
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(c) he or she has engaged in serious misconduct.
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(4C) Where the Government propose to remove the Master of the High Court from office under subsection (4B), they shall give notice in writing to the Master of the High Court of the proposal.
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(4D) A notice under subsection (4C) shall include a statement—
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(a) of the reasons for the proposed removal,
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(b) that the Master of the High Court may, within a period of 30 working days from the date of the giving of the notice, or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government, and
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(c) that after the period referred to in paragraph (b) or the period specified in the notice, as the case may be, the Government shall decide whether to remove the Master of the High Court from office.
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(4E) In considering whether to remove the Master of the High Court from office under subsection (4B), the Government shall take into account—
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(a) any representations made by the Master of the High Court under subsection (4D)(b) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and
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(b) any other matter the Government consider relevant for the purpose of their decision.
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(4F) Where, after giving notice under subsection (4C), the Government decide not to remove the Master of the High Court from office, the Government shall notify him or her in writing of the decision.
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(4G) Where, after giving notice under subsection (4C), the Government decide to remove the Master of the High Court from office, the Government shall, subject to subsection (4), notify the Master of the High Court in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notification under this subsection).”.
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