The Pitcairn Court of Appeal (Amendment) Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/2669 |
| Year | 2004 |
2004 No. 2669
PITCAIRN ISLANDS
The Pitcairn Court of Appeal (Amendment) Order 2004
Made 13th October 2004
Laid before Parliament 25th October 2004
Coming into force 26th October 2004
At the Court at Buckingham Palace, the 13th day of October 2004
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts 18871and 19452or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–
Citation, construction and commencement
1.—(1) This Order may be cited as the Pitcairn Court of Appeal (Amendment) Order 2004, and shall be construed as one with the Pitcairn Court of Appeal Order 20003(in this Order referred to as “the principal Order”).
(2) This Order shall come into force on 26th October 2004.
Amendment of article 3 of principal Order
2. Article 3 of the principal Order is amended —
(a) in paragraph (3)(a), by deleting the words “during Her Majesty’s pleasure”; and
(b) in paragraph (4), by inserting after the word “Governor” the words “, or in the absence of such designation by the Justice of Appeal who is the senior in terms of date of appointment”.
Insertion of new articles in principal Order
3. The following new articles are inserted after article 3 of the principal Order —
“Tenure of office of judges
3A.—(1) Subject to the following provisions of this article, the President and any Justice of Appeal (in this article and article 3B referred to as “a judge”) shall hold office until he attains the age of 75 years; but the Governor may permit a judge who has attained the age of 75 years to remain in office for such fixed period, not exceeding two years, as may have been agreed between the judge and the Governor.
(2) A judge may at any time resign from office by writing under his hand addressed to the Governor.
(3) Nothing done by a judge shall be invalid by reason only that the judge has attained the age at which he is required by or under this article to retire from office.
(4) The office of a judge shall not be abolished during the continuance in office of the judge without his consent.
(5) A judge may be removed from office only for inability to discharge the functions of his office (whether arising...
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