Judicial Council Act 2019

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Term of membership of Board

13. (1) A nomination under section 12 (3) shall—

(a) cease to have effect upon—

(i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

(ii) the rescinding of the nomination by the ex officio member of the Board who made the nomination,

(b) where the ex officio member of the Board who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

(c) where the judge in respect of whom the nomination was made ceases to hold the judicial office by virtue of which he or she was so nominated, cease to have effect upon his or her ceasing to hold that office, or

(d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Board indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

(2) Subject to subsection (7) and section 14 (3), an elected member of the Board shall serve as a member of the Board for a term of 4 years from the date of his or her election.

(3) Subject to subsection (7) and section 14 (4), a co-opted member of the Board shall serve as a member of the Board for a term commencing on his or her co-option and expiring on the same day as the term of membership of the elected members of the Board expires.

(4) Subject to subsection (5), an elected member of the Board whose term of membership expires with the passage of time shall be eligible for re-election to the Board for a further term of 4 years.

(5) An elected member of the Board who has served 2 terms of membership shall not be eligible to serve a further term as an elected member of the Board other than in accordance with subsection (6).

(6) An elected member of the Board who has served 2 terms of membership shall be eligible for re-election to the Board after a period of 4 years has elapsed immediately following the expiration of his or her most recent term of membership of the Board.

(7) An elected member of the Board or a co-opted member of the Board may resign from his or her membership by notice in writing given or sent to the chairperson of the Board or, if appropriate, the judge nominated by him or her under section 12 (3) and the resignation shall take effect on the day on which the chairperson or his or her nominated replacement, as may be appropriate, receives the notice.

(8) Where an elected member of the Board or a co-opted member of the Board ceases to hold the judicial office by virtue of which he or she was eligible to become a member of the Board, he or she shall thereupon cease to be a member of the Board.

(9) The Board may act notwithstanding one or more vacancies in its membership.