Part 3: Judicial Offices Section 126: Discipline and removal from office
Section 126 makes provision for discipline and the removal of a sitting in retirement office holder from office with the effect that, other than certain exceptions, holders of sitting in retirement offices will be subject to the same disciplinary regimes as the holders of corresponding original offices. Section 126(1) to 126(5) apply to sitting in retirement offices in England, Wales and Scotland (created by Parts 1, 2, 5 and 6 of Schedule 3), while section 126(6) and 126(7) apply to the Northern Ireland sitting in retirement offices (created by Parts 3 and 4 of Schedule 3).
	Section 126(1) specifies that the power of removal for relevant sitting in retirement offices is exercisable by the same person who holds such powers in relation to the equivalent original office. The only exception (in section 126(1)(a)) is for judges of the High Court and Court of Appeal, where the sitting in retirement officeholders may be removed by the Lord Chancellor with the agreement of the Lord Chief Justice. In accordance with section 126(2), removal from a sitting in retirement office is subject to the same approval requirements as are required for the corresponding original office. Section 126(1) further provides that a person appointed to a sitting in retirement office can only be removed from office on a qualifying ground, defined by section 126(3) as a ground specified in the person’s term of appointment or the ground of inability or misbehaviour.
	Section 126(4) and 126(5) together mean that, where the original office is a ‘judicial office’ within the meaning of section 126(4) of the Constitutional Reform Act 2005, the corresponding sitting in retirement office will be subject to Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (discipline) as if it were listed in Schedule 14 to that Act.
	Section 126(6) and 126(7) together mean that the Northern Ireland sitting in retirement offices (created under Parts 3 and 4 of Schedule 3) are subject to the provisions of section 7 of the Justice (Northern Ireland) Act 2002 (removal from listed offices). Section 126(8) and 126(9) make interpretive provision for section 126.