On 12 April 2000 the Lord Chancellor announced new terms and conditions of service for part-time judicial office holders in England and Wales. These new terms and conditions were intended to put beyond reasonable doubt the safeguards guaranteeing the security of tenure, and therefore the independence, of part-time office holders to ensure the rights of individuals to a fair trial by an independent and impartial tribunal under Article 6 of the European Convention on Human Rights were upheld.
For all part-time appointments in the ordinary courts in England and Wales - that is deputy High Court Judges, deputy Circuit Judges, Recorders, Deputy District Judges, Deputy Masters and Registrars of the Supreme Court, Deputy District Judges (Magistrates' Courts) (formerly Acting Stipendiary Magistrates) and retired Lords of Appeal in Ordinary, Lords Justices of Appeal and High Court Judges - and the part-time judiciary who sit on tribunals or as adjudicators which fall within the scope of Article 6 and who have some form of time limited appointment, the following arrangements now generally apply subject to variations in relation to particular appointments:
a. misbehaviour
b. incapacity
c. persistent failure to comply with sitting requirements (without good reason)
d. failure to comply with training requirements
e. sustained failure to observe the standards reasonably expected from a holder of such office
f. part of a reduction in numbers because of changes in operational requirements
g. part of a structural change to enable recruitment of new appointees.
The grounds for removal will generally be as at a to e above and decisions not to renew or to remove on grounds a to e above will be taken by the Lord Chancellor only with the concurrence of the Lord Chief Justice and following an investigation conducted by a judge nominated by the latter. Decisions not to renew on grounds f and g above will be on a "first in first out" principle and the decision to use such grounds and the extent to which they will be used will be decided by the Lord Chancellor with the concurrence of the Lord Chief Justice.
For many part-time tribunal office holders the same arrangements apply but tailored to the particular circumstances of each appointment. Where appropriate, the relevant Scottish, Welsh or Northern Ireland Ministers are involved in such decisions and the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland assume the role of the Lord Chief Justice for appointments in Scotland and Northern Ireland respectively.