Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
226

Justice,” substitute “Lord Chief Justice may, with the concurrence of the
Lord Chancellor,”.
      (4)
In subsection (1A) (appointment as deputy Circuit judge not to be such as to
continue beyond person’s 75th birthday) after “such as to” insert “, or be
extended under subsection (5B) below so as to,”.
5
      (5)
After subsection (5) (remuneration) insert—
“(5A)
A person may be removed from office as a deputy Circuit judge—
(a)
only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b)
only on—
10
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
appointment.
(5B)
Subject to subsections (1A) and (5C), the Lord Chief Justice must
extend the period of a person’s appointment as a deputy Circuit
15
judge (including a period already extended under this subsection)
before its expiry; and for this purpose a person appointed to be a
deputy Circuit judge on certain occasions is to be treated as having
been appointed for a period that expires when the occasions end.
(5C)
Extension under subsection (5B)—
20
(a)
requires the person’s agreement,
(b)
is to be for such period as the Lord Chancellor thinks fit, and
(c)
may be refused on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
25
appointment.
(5D)
Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a deputy
Circuit judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
30
determine.”
      (6)
In subsection (6) (Lord Chief Justice’s power to delegate under section
24(1)(a))—
(a)
for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and
35
(b)
after “subsection (1)(a)” insert “, (5A)(a), (5B) or (5C)(c)”.
      (7)
In Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 71(2)(c)
(superseded amendment of section 24(1)(a) of the Courts Act 1971).
Deputy and temporary Masters etc to be appointed by Lord Chief Justice
34    (1)
Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters,
40
Registrars etc of the High Court) is amended as follows.
      (2)
In subsection (1) (Lord Chancellor’s power of appointment)—
(a)
for “the Lord Chancellor”, in the first place, substitute “the Lord
Chief Justice”, and

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
227

(b)
after “to facilitate the disposal of business in the Senior Courts” insert
“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.
      (3)
For subsection (1ZA) (if person to be appointed is a current or former holder
of certain judicial offices, Lord Chief Justice must concur) substitute—
5
“(1ZA)
The Lord Chief Justice may not appoint a holder of relevant office
under subsection (1) without the concurrence of the Lord
Chancellor.”
      (4)
After subsection (6) (remuneration) insert—
“(6A)
A person appointed under subsection (1) may be removed from
10
office—
(a)
only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b)
only on—
(i)
the ground of inability or misbehaviour, or
15
(ii)
a ground specified in the person’s terms of
appointment.
(6B)
Subject to subsection (6C), the period of a person’s appointment
under subsection (1) (including a period already extended under this
subsection) must be extended by the Lord Chief Justice before its
20
expiry; and for this purpose a person appointed under subsection (1)
to act under this section on certain occasions is to be treated as
having been appointed for a period that expires when the occasions
end.
(6C)
Extension under subsection (6B)—
25
(a)
requires the person’s agreement,
(b)
is to be for such period as the Lord Chancellor thinks fit, and
(c)
may be refused on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
30
appointment.
(6D)
Subject to the preceding provisions of this section (but subject in the
first place to the Judicial Pensions and Retirement Act 1993), a person
appointed under subsection (1) is to hold and vacate office in
accordance with the terms of the person’s appointment, which are to
35
be such as the Lord Chancellor may determine.”
      (5)
In subsection (7) (delegation of functions by Lord Chief Justice)—
(a)
for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and
(b)
for “subsection (1ZA)” substitute “subsection (1), (6A)(a), (6B) or
40
(6C)(c)”.
      (6)
In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Senior Courts
Act 1981 for “Section 91(1), (1A) and (6)” substitute “Section 91”.
      (7)
In consequence of the previous provisions of this paragraph, in the
45
Tribunals, Courts and Enforcement Act 2007 omit sections 57(2)(a) and (5)
and 144(5).

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
228

Deputy district judges to be appointed by Lord Chief Justice
35    (1)
Section 102 of the Senior Courts Act 1981 (deputy district judges for the High
Court) is amended as follows.
      (2)
In subsection (1) (Lord Chancellor’s power of appointment)—
(a)
for “Lord Chancellor” substitute “Lord Chief Justice”, and
5
(b)
after “to facilitate the disposal of business in the High Court” insert
“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.
      (3)
In subsection (1B) (Lord Chief Justice’s concurrence needed in certain cases)
for “Lord Chancellor may not appoint a person under subsection (1) without
10
the concurrence of the Lord Chief Justice” substitute “Lord Chief Justice may
not appoint a person under subsection (1) without the concurrence of the
Lord Chancellor”.
      (4)
After subsection (5) (remuneration) insert—
“(5ZA)
A person appointed under this section may be removed from office
15
as a deputy district judge—
(a)
only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
(b)
only on—
(i)
the ground of inability or misbehaviour, or
20
(ii)
a ground specified in the person’s terms of
appointment.
(5ZB)
Subject to subsection (5ZC), the term of a person’s appointment
under this section (including a term already extended under this
subsection) must be extended by the Lord Chief Justice before its
25
expiry.
(5ZC)
Extension under subsection (5ZB)—
(a)
requires the person’s agreement,
(b)
is to be for such term as the Lord Chancellor thinks fit, and
(c)
may be refused on—
30
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
appointment.
(5ZD)
Subject to the preceding provisions of this section (but subject in the
first place to the Judicial Pensions and Retirement Act 1993), a person
35
appointed under this section is to hold and vacate office as a deputy
district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.
(5ZE)
The Lord Chief Justice may nominate a senior judge (as defined in
40
section 109(5) of the Constitutional Reform Act 2005) to exercise the
Lord Chief Justice’s functions under subsection (1), (5ZA)(a), (5ZB)
or (5ZC)(c).”
      (5)
In subsection (5A) (delegation of Lord Chief Justice’s functions) omit “(1B)
or”.
45

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
229

      (6)
In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Senior Courts
Act 1981 for “Section 102(1)” substitute “Section 102”.
36    (1)
Section 8 of the County Courts Act 1984 (deputy district judges for the
county court) is amended as follows.
5
      (2)
In subsection (1) (Lord Chancellor’s power of appointment) for “Lord
Chancellor” substitute “Lord Chief Justice”.
      (3)
In subsection (1ZB) (Lord Chief Justice’s concurrence needed in certain
cases) for “Lord Chancellor may not appoint a person under subsection (1)
without the concurrence of the Lord Chief Justice” substitute “Lord Chief
10
Justice may not appoint a person under subsection (1) without the
concurrence of the Lord Chancellor”.
      (4)
In subsection (1A) (ages beyond which appointments may not extend) in
each of paragraphs (a) and (b) after “shall not be such as to” insert “, or be
extended under subsection (3B) so as to,”.
15
      (5)
After subsection (3) (remuneration) insert—
“(3A)
A person appointed under this section may be removed from office
as a deputy district judge—
(a)
only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
20
(b)
only on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
appointment.
(3B)
Subject to subsections (1A) and (3C), the term of a person’s
25
appointment under this section (including a term already extended
under this subsection) must be extended by the Lord Chief Justice
before its expiry.
(3C)
Extension under subsection (3B)—
(a)
requires the person’s agreement,
30
(b)
is to be for such term as the Lord Chancellor thinks fit, and
(c)
may be refused on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
appointment.
35
(3D)
Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a deputy
district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.
40
(3E)
The Lord Chief Justice may nominate a senior judge (as defined in
section 109(5) of the Constitutional Reform Act 2005) to exercise the
Lord Chief Justice’s functions under subsection (1), (3A)(a), (3B) or
(3C)(c).”
      (6)
In subsection (4) (delegation of Lord Chief Justice’s functions) omit “(1ZB)
45
or”.

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
230

      (7)
In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the County Courts
Act 1984 for “Section 8(1) and (3)” substitute “Section 8”.
Deputy District Judges (Magistrates’ Courts) to be appointed by Lord Chief Justice
37    (1)
Section 24 of the Courts Act 2003 (Deputy District Judges (Magistrates’
5
Courts)) is amended as follows.
      (2)
In subsection (1) (Lord Chancellor’s power of appointment) for “Lord
Chancellor”, in the first place, substitute “Lord Chief Justice”.
      (3)
For subsection (4) (removal from office to be by Lord Chancellor with
concurrence of Lord Chief Justice but only on ground of incapacity or
10
misbehaviour) substitute—
“(4)
A person may be removed from office as a Deputy District Judge
(Magistrates’ Courts)—
(a)
only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
15
(b)
only on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
appointment.
(4A)
Subject to subsection (4B), the period of a person’s appointment
20
under this section (including a period already extended under this
subsection) must be extended by the Lord Chief Justice before its
expiry.
(4B)
Extension under subsection (4A)—
(a)
requires the person’s agreement,
25
(b)
is to be for such period as the Lord Chancellor considers
appropriate, and
(c)
may be refused on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
30
appointment.
(4C)
Subject to the preceding provisions of this section (but subject in the
first place to the Judicial Pensions and Retirement Act 1993), a person
appointed under this section is to hold and vacate office as a Deputy
District Judge (Magistrates’ Courts) in accordance with the terms of
35
the person’s appointment, which are to be such as the Lord
Chancellor may determine.
(4D)
The Lord Chief Justice may nominate a senior judge (as defined in
section 109(5) of the Constitutional Reform Act 2005) to exercise the
Lord Chief Justice’s functions under subsection (1), (4)(a), (4A) or
40
(4B)(c).”
      (4)
In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Courts Act
2003 at the appropriate place insert “Section 24”.

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
231

Lay justices to be appointed by Lord Chief Justice
38    (1)
Section 10 of the Courts Act 2003 (justices of the peace who are not District
Judges (Magistrates’ Courts)) is amended as follows.
      (2)
In subsection (1) (Lord Chancellor’s power of appointment) for “Lord
Chancellor” substitute “Lord Chief Justice”.
5
      (3)
After that subsection insert—
“(1A)
Subject to the following provisions of this section and to sections 11
to 15, a person appointed under subsection (1) is to hold and vacate
office as a justice of the peace in accordance with the terms of the
person’s appointment, which are to be such as the Lord Chancellor
10
may determine.”
      (4)
After subsection (2) insert—
“(2ZA)
The Lord Chief Justice must ensure that arrangements for the
exercise, so far as affecting any local justice area, of the function
under subsection (1) include arrangements for consulting persons
15
appearing to the Lord Chief Justice to have special knowledge of
matters relevant to the exercise of that function in relation to that
area.”
      (5)
In subsection (2A) (Lord Chancellor to ensure local consultation takes place
in relation to the exercise of functions under subsections (1) and (2)) for
20
“subsections (1) and” substitute “subsection”.
      (6)
After subsection (6) insert—
“(6A)
The Lord Chief Justice may nominate a senior judge (as defined in
section 109(5) of the Constitutional Reform Act 2005) to exercise
functions of the Lord Chief Justice under subsection (1).”
25
      (7)
In subsection (7) (delegation of Lord Chief Justice’s functions) after
“subsection (2)” insert “, (2ZA)”.
Transfer of appointment powers to Lord Chief Justice: further provisions
39    (1)
Section 94A of the Constitutional Reform Act 2005 (certain appointments by
Lord Chancellor not subject to section 85 but require concurrence of Lord
30
Chief Justice) is amended as follows.
      (2)
For subsection (1)(b) (concurrence requirement) substitute—
“(b)
the person who has the power to make the appointment,
whether the Lord Chancellor or the Lord Chief Justice, may
not make the appointment without the concurrence of the
35
other of them.”
      (3)
In subsection (3) (Lord Chief Justice may delegate function under subsection
(1)(b)) after “function” insert “of concurring”.
40    (1)
Schedule 14 to that Act (Judicial Appointments Commission: relevant offices
and enactments) is amended as follows.
40
      (2)
For the title of Part 2 substitute “Court-related appointments”.
      (3)
The table in Part 2 (appointments by the Lord Chancellor) becomes Table 1
of that Part called “Appointments by the Lord Chancellor”.

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
232

      (4)
Move the entries for the following offices from Table 1 of Part 2 to form Table
2 of that Part called “Appointments by the Lord Chief Justice” (and with the
same column headings)—
Person appointed by the Lord Chancellor as a deputy for a holder of, or
as a temporary additional officer in, an office listed in column 1 of
5
Part 2 of Schedule 2 to the Senior Courts Act 1981
Deputy district judge appointed under section 102(1) of that Act
Deputy district judge appointed under section 8(1) of the County
Courts Act 1984
Justice of the Peace appointed under section 10(1) of the Courts Act
10
2003 (justices of the peace other than District Judges (Magistrates’
Courts))
Deputy District Judge (Magistrates’ Courts) appointed under section
24(1) of the Courts Act 2003
      (5)
In Table 2 of Part 2, in the first of the entries moved by this paragraph to form
15
that table, omit “by the Lord Chancellor”.
      (6)
In Table 1 of Part 2 omit the entry for the following former office—
Justice of the Peace appointed under section 5 of the Justices of the
Peace Act 1997
Senior President of Tribunals to make certain appointments to First-tier and Upper Tribunals
20
41
The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
42
In section 7(7) (Lord Chancellor’s power to appoint Chamber Presidents for
the First-tier Tribunal or the Upper Tribunal) for “Lord Chancellor”
substitute “Senior President of Tribunals”.
43    (1)
In section 8 (power of Senior President of Tribunals to delegate) after
25
subsection (1) insert—
“(1A)
A function under paragraph 1(1) or 2(1) of Schedule 2 may be
delegated under subsection (1) only to a Chamber President of a
chamber of the Upper Tribunal.”
      (2)
In section 8(2) (functions which the Senior President of Tribunals may not
30
delegate) for “under section 7(9)” substitute “under any of the following—
section 7(7);
section 7(9);
paragraph 4(2B) and (2C)(c) of Schedule 2;
paragraph 2(1) of Schedule 3;
35
paragraph 4(2B) and (2C)(c) of Schedule 3;
paragraph 7(3A)(a) of Schedule 3;
paragraph 7(3B) and (3C)(c)of Schedule 3;
paragraph 2 of Schedule 4;
paragraph 5(1) and (3) of Schedule 4;
40
paragraph 5(5) to (8) of Schedule 4;
paragraph 5A(2)(a) of Schedule 4;
paragraph 5A(3)(a) of Schedule 4;
paragraph 5A(4) and (5)(c) of Schedule 4.”