|
| |
|
insert “unconditionally or subject only to matters such as the selected |
| |
person’s willingness and availability”. |
| |
(6) | In subsection (4) (request may not be withdrawn on ground of |
| |
unsatisfactory process after exercise of power to accept, reject or require |
| |
reconsideration of selection) for the words after “if” substitute “a selection |
| 5 |
made pursuant to the request— |
| |
(a) | has been accepted unconditionally or subject only to matters |
| |
such as the selected person’s willingness and availability, or |
| |
(a) | in exercise of power conferred by regulations under section |
| |
94C, has been rejected or required to be reconsidered.” |
| 10 |
69 (1) | Section 97 (consultation under certain provisions to be with head of the |
| |
judiciary in Scotland or Northern Ireland instead of with Lord Chief Justice |
| |
of England and Wales) is amended as follows. |
| |
(2) | In subsection (1) (list of provisions requiring consultation)— |
| |
(a) | omit paragraphs (b), (c) and (e), and |
| 15 |
(b) | in paragraph (d) for “95(2)(a), (b)” substitute “95(2)(b)”. |
| |
(3) | In subsection (4) (modification where requirement is to obtain concurrence |
| |
rather than to consult) after “section 94A(1)” insert “or 95(2)(a)”. |
| |
70 (1) | In section 99 (judicial appointments: complaints) after subsection (3) insert— |
| |
“(3A) | An LCJ complaint is a complaint by a qualifying complainant of |
| 20 |
maladministration by the Lord Chief Justice or the Lord Chief |
| |
Justice’s nominee, or anyone acting on behalf of either of them, in |
| |
| |
(a) | selection under this Part for an office listed in Table 2 of Part |
| |
| 25 |
(b) | appointment to an office listed in Table 2 of Part 2 of that |
| |
| |
(c) | selection under this Part for membership of a pool for |
| |
requests under section 9(1) of the Senior Courts Act 1981, |
| |
| or of maladministration by the Lord Chief Justice or the Master of the |
| 30 |
Rolls or the Lord Chief Justice’s nominee, or anyone acting on behalf |
| |
of any of them, in connection with the making of requests under |
| |
section 9(1) of that Act. |
| |
(3B) | An SPT complaint is a complaint by a qualifying complainant of |
| |
maladministration by the Senior President of Tribunals or a person |
| 35 |
to whom the Senior President has delegated functions, or anyone |
| |
acting on behalf of either of them, in connection with— |
| |
(a) | selection under this Part for an office listed in Table 3 of Part |
| |
1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or |
| |
(b) | appointment to an office listed in Table 2 of Part 3 of that |
| 40 |
| |
71 | In section 100 (duty to make arrangements to investigate complaints) after |
| |
| |
“(2A) | The Lord Chief Justice must make arrangements for investigating |
| |
any LCJ complaint made to the Lord Chief Justice. |
| 45 |
|
| |
|
| |
|
(2B) | The Senior President of Tribunals must make arrangements for |
| |
investigating any SPT complaint made to the Senior President of |
| |
| |
72 (1) | Section 101 (complaints to the Judicial Conduct and Appointments |
| |
Ombudsman) is amended as follows. |
| 5 |
(2) | In subsections (1)(a) and (4)(a) (investigation of complaints previously made |
| |
to Judicial Appointments Commission or Lord Chancellor) for “or the Lord |
| |
Chancellor” substitute “, the Lord Chancellor, the Lord Chief Justice or the |
| |
Senior President of Tribunals”. |
| |
(3) | In subsection (1)(b) for “Commission’s or Lord Chancellor’s decision” |
| 10 |
substitute “decision of the Commission, the Lord Chancellor, the Lord Chief |
| |
Justice or the Senior President of Tribunals”. |
| |
73 | In section 102 (Ombudsman’s reports and recommendations)— |
| |
(a) | in subsection (2)(c) (recommended action) for “or the Lord |
| |
Chancellor” substitute “, the Lord Chancellor, the Lord Chief Justice |
| 15 |
or the Senior President of Tribunals”, and |
| |
(b) | in subsection (4) (compensation not to be recommended for failure to |
| |
be appointed to an office) after “office” insert “, or selected for |
| |
| |
74 (1) | Section 103 (Ombudsman’s reports) is amended as follows. |
| 20 |
(2) | For subsection (2) (drafts of reports) substitute— |
| |
“(2) | The Ombudsman must submit a draft of the report to the Lord |
| |
| |
(a) | the Commission if the complaint was a Commission |
| |
| 25 |
(b) | the Lord Chief Justice if the complaint was an LCJ complaint; |
| |
(c) | the Senior President of Tribunals if the complaint was an SPT |
| |
| |
(3) | In subsection (3) (duty to have regard to comments on draft) for “or the |
| |
Commission” substitute “the Commission, the Lord Chief Justice or the |
| 30 |
Senior President of Tribunals”. |
| |
(4) | After subsection (5) insert— |
| |
“(5A) | If the complaint was an LCJ complaint the Ombudsman must send |
| |
the report in duplicate to the Lord Chancellor and the Lord Chief |
| |
| 35 |
(5B) | If the complaint was an SPT complaint the Ombudsman must send |
| |
the report in duplicate to the Lord Chancellor and the Senior |
| |
| |
75 (1) | Section 104 (referrals to Judicial Conduct and Appointments Ombudsman of |
| |
matters relating to Judicial Appointments Commission) is amended as |
| 40 |
| |
(2) | In subsection (1) (duty to investigate matter referred by Lord Chancellor) |
| |
after “Lord Chancellor” insert “, the Lord Chief Justice or the Senior |
| |
| |
|
| |
|
| |
|
(3) | In subsection (3) (report on referred matter) after “Lord Chancellor” insert |
| |
“, the Lord Chief Justice and the Senior President of Tribunals”. |
| |
76 | In section 105 (provision of information to Ombudsman) after “The |
| |
Commission” insert “, the Lord Chief Justice, the Senior President of |
| |
| 5 |
77 | In section 144(5) (orders and regulations subject to affirmative procedure) |
| |
after paragraph (a) insert— |
| |
“(aa) | an order under section 85(5); |
| |
(ab) | regulations under section 94 or 94C;”. |
| |
78 | In paragraph 2 of Schedule 7 (functions of Lord Chancellor under the Act are |
| 10 |
protected from transfer to other Ministers etc) after “under this Act” insert |
| |
“, including any function under provision inserted into this Act by— |
| |
(a) | the Crime and Courts Act 2013, or |
| |
(b) | any earlier or later enactment”. |
| |
79 | In Schedule 12 (the Judicial Appointments Commission) in paragraphs 20(6) |
| 15 |
and 27(3) (selection panels under section 70 or 79) after “70” insert “, 75B”. |
| |
| |
Appointment of judge to exercise functions of a head of division in case of |
| |
incapacity or a vacancy etc |
| |
80 | Where a Head of Division is incapable of exercising relevant functions, or |
| 20 |
the office of a Head of Division is vacant, the Lord Chief Justice may, with |
| |
the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts |
| |
to exercise relevant functions of the Head of Division. |
| |
81 | An appointment under paragraph 80— |
| |
| 25 |
(b) | must specify the functions that may be exercised by the appointed |
| |
| |
(c) | must set out the duration of the appointment. |
| |
| |
“Head of Division” means— |
| 30 |
(a) | the Master of the Rolls, |
| |
(b) | the President of the Queen’s Bench Division, |
| |
(c) | the President of the Family Division, or |
| |
(d) | the Chancellor of the High Court; |
| |
“the Lord Chief Justice” means the Lord Chief Justice of England and |
| 35 |
| |
“the Senior Courts” means the Senior Courts of England and Wales. |
| |
83 | In this Part of this Schedule “relevant functions” means functions under any |
| |
| |
section 5 of the Public Notaries Act 1843 (functions of Chancellor of the |
| 40 |
High Court in relation to refusal of master of the faculties to grant a |
| |
faculty to practise as a public notary); |
| |
section 8(5) of the Public Records Act 1958 (President of the Family |
| |
Division to be consulted in relation to transfer of certain records); |
| |
|
| |
|
| |
|
section 5(2) or (3) of the Senior Courts Act 1981 (concurrence of Heads |
| |
of Division with transfer of judges between Divisions of High Court |
| |
| |
section 7(1) of the Senior Courts Act 1981 (power of Lord Chancellor, |
| |
Lord Chief Justice and Heads of Division, acting collectively, to |
| 5 |
recommend alteration of Divisions of High Court etc); |
| |
section 11(9) of the Senior Courts Act 1981 (concurrence of particular |
| |
Heads of Division etc with Lord Chancellor’s declaration of a |
| |
vacancy in the office of a judge of the Senior Courts who is |
| |
permanently incapacitated and unable to resign); |
| 10 |
section 54 of the Senior Courts Act 1981 (functions of Master of the Rolls |
| |
in relation to composition of courts of civil division of Court of |
| |
| |
section 57 of the Senior Courts Act 1981 (determination by Master of the |
| |
Rolls with concurrence of Lord Chancellor of sittings of civil division |
| 15 |
of Court of Appeal during vacation); |
| |
section 61(5) of the Senior Courts Act 1981 (concurrence of Heads of |
| |
Division concerned with assignment of business of one Division of |
| |
High Court to another Division of High Court); |
| |
section 63(3) of the Senior Courts Act 1981 (concurrence of Head of |
| 20 |
Division concerned with direction that business is to cease to be |
| |
assigned to specially nominated judge of High Court); |
| |
section 71(4)(a) of the Senior Courts Act 1981 (determination by Heads |
| |
of Division with concurrence of Lord Chancellor of sittings of |
| |
Divisions of High Court during vacation); |
| 25 |
section 109(2) or 110 of the Senior Courts Act 1981 (President of the |
| |
Family Division may make certain arrangements in relation to |
| |
documents relating to probate etc); |
| |
section 111 of the Senior Courts Act 1981 (President of the Family |
| |
Division may give directions as to form and content of records of |
| 30 |
grants made in the Principal Registry or a district probate registry); |
| |
section 126 of the Senior Courts Act 1981 (President of the Family |
| |
Division may, with concurrence of Lord Chancellor, make |
| |
regulations imposing conditions on deposit of wills); |
| |
section 133 of the Senior Courts Act 1981 (functions of Master of the |
| 35 |
Rolls in relation to enrolment and engrossment of instruments); |
| |
section 25(3)(a) of the Administration of Justice Act 1982 (President of |
| |
the Family Division may, with concurrence of Lord Chancellor, |
| |
make regulations as to deposit and registration of wills); |
| |
section 257(3) of the Inheritance Tax Act 1984 (President of the Family |
| 40 |
Division may make certain arrangements in relation to delivery of |
| |
accounts for the purposes of that Act); |
| |
section 37 of the Matrimonial and Family Proceedings Act 1984 |
| |
(President of the Family Division may, with concurrence of Lord |
| |
Chancellor, give directions with respect to distribution and transfer |
| 45 |
between High Court and family court of family business and family |
| |
| |
section 1(9) of the Courts and Legal Services Act 1990 (Heads of |
| |
Division etc to be consulted in relation to changes to allocation of |
| |
business of High Court and county court); |
| 50 |
|
| |
|
| |
|
section 58A(5)(a), 58AA(6)(a) or 58B(7)(a) of the Courts and Legal |
| |
Services Act 1990 (Heads of Division etc to be consulted in relation to |
| |
certain matters relating to agreements for funding of legal services); |
| |
section 56(4) of the Access to Justice Act 1999 (Heads of Division etc to |
| |
be consulted in relation to changes to destination of appeals); |
| 5 |
section 57 of the Access to Justice Act 1999 (Master of the Rolls or |
| |
President of the Family Division etc may assign appeals to the Court |
| |
| |
section 2(7) of the Courts Act 2003 (Heads of Division etc to be |
| |
consulted in relation to authorisation of contracting-out of |
| 10 |
administrative work of courts); |
| |
section 64(4) of the Courts Act 2003 (Heads of Division to be consulted |
| |
in relation to change of judicial title); |
| |
section 66(4)(b) of the Courts Act 2003 (President of the Family Division |
| |
may nominate Circuit judges etc to sit as members of family |
| 15 |
| |
section 77(3) of the Courts Act 2003 (President of the Family Division |
| |
etc to be consulted in relation to certain appointments to Family |
| |
Procedure Rule Committee); |
| |
section 78(2) of the Courts Act 2003 (President of the Family Division to |
| 20 |
be consulted in relation to certain changes to Family Procedure Rule |
| |
| |
section 92(5) of the Courts Act 2003 (Heads of Division etc to be |
| |
consulted in relation to fees of Senior Courts, family court, county |
| |
court and magistrates’ courts); |
| 25 |
paragraph 12(4) of Schedule 7 to the Courts Act 2003 (Heads of Division |
| |
etc to be consulted in relation to regulations about enforcement |
| |
| |
section 52(4) of the Constitutional Reform Act 2005 (Heads of Division |
| |
etc to be consulted in relation to Supreme Court fees); |
| 30 |
section 183(7)(b) of the Legal Services Act 2007 (consent of Master of the |
| |
Rolls etc in relation to fees for administration of an oath or taking of |
| |
| |
paragraph 1(10) of Schedule 3 to the Legal Services Act 2007 |
| |
(concurrence of President of the Family Division etc with meaning of |
| 35 |
“reserved family proceedings” prescribed for the purposes of that |
| |
| |
84 | The Lord Chancellor may by order amend the list in paragraph 83 so as to— |
| |
| |
| 40 |
| |
85 | After section 10(6) of the Senior Courts Act 1981 (where there is a vacancy in |
| |
one or more of the offices of the Heads of Division, a newly-appointed Lord |
| |
Chief Justice is to take the required oaths in the presence of the holders of |
| |
such of the offices as are not vacant) insert— |
| 45 |
“(6A) | Where the holder of an office mentioned in subsection (5) is |
| |
incapable of exercising the functions of the office, the office is to be |
| |
treated as vacant for the purposes of subsection (6).” |
| |
|
| |
|
| |
|
| |
Abolition of office of assistant Recorder |
| |
86 (1) | In section 24 of the Courts Act 1971 (deputy Circuit judges and assistant |
| |
Recorders) in subsection (1) omit paragraph (b) (power to appoint assistant |
| |
| 5 |
(2) | In consequence of that repeal— |
| |
(a) | in subsection (1A) of that section (duration of appointments)— |
| |
(i) | omit “in the case of appointment as a deputy Circuit judge,”, |
| |
| |
(ii) | omit the words after “seventy-five”, |
| 10 |
(b) | in subsection (2) of that section— |
| |
(i) | omit “or assistant Recorder”, and |
| |
(ii) | omit “or a Recorder, as the case may be”, |
| |
(c) | in subsection (3) of that section omit the words after “pensions of |
| |
| 15 |
(d) | in subsection (5) of that section omit “and assistant Recorders”, |
| |
(e) | in the title of that section omit “and assistant Recorders”, |
| |
(f) | in Schedule 5 to the Judicial Pensions and Retirement Act 1993 omit |
| |
the entry for Assistant Recorder, |
| |
(g) | in Schedule 7 to the Judicial Pensions and Retirement Act 1993 omit |
| 20 |
| |
(h) | in section 9(4) of the Senior Courts Act 1981 omit “and assistant |
| |
| |
(i) | in section 64(2) of the Courts Act 2003 omit the entry for Assistant |
| |
| 25 |
(j) | in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph |
| |
| |
(k) | in Part 2 of Schedule 14 to that Act omit the entry for Assistant |
| |
| |
(l) | in Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 |
| 30 |
| |
| |
| |
Deployment of the judiciary |
| |
| |
Deployment under section 9 of the Senior Courts Act 1981 |
| 35 |
Requests for assistance under section 9(1) of the Senior Courts Act 1981 |
| |
1 (1) | Section 9 of the Senior Courts Act 1981 (which includes provision for certain |
| |
judges to act as judges of other courts) is amended as follows. |
| |
(2) | In the table in subsection (1) (judges deployable to certain courts) in column |
| |
2 of each of entries 2 and 4 (person who has been a judge of the Court of |
| 40 |
Appeal, or has been a puisne judge of the High Court, may be asked to act |
| |
|
| |
|
| |
|
as a judge of the Court of Appeal, High Court or Crown Court) before “and |
| |
the Crown Court” insert “, the family court, the county court”. |
| |
(3) | In that table after entry 4 insert— |
| |
| “4A. The Senior President of |
| The Court of Appeal and the |
| | | | | | | 5 |
|
(4) | In that table, in column 1 of entry 6 (Recorders) after “Recorder” insert “or a |
| |
person within subsection (1ZB)”. |
| |
(5) | After subsection (1) insert— |
| |
“(1ZA) | The Senior President of Tribunals is to be treated as not being within |
| |
any entry in column 1 of the Table other than entry 4A. |
| 10 |
(1ZB) | A person is within this subsection if the person— |
| |
(a) | is a Chamber President, or a Deputy Chamber President, of a |
| |
chamber of the Upper Tribunal or of a chamber of the First- |
| |
| |
(b) | is a judge of the Upper Tribunal by virtue of appointment |
| 15 |
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts |
| |
and Enforcement Act 2007, |
| |
(c) | is a transferred-in judge of the Upper Tribunal (see section |
| |
| |
(d) | is a deputy judge of the Upper Tribunal (whether under |
| 20 |
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or |
| |
(e) | is the President of Employment Tribunals (England and |
| |
Wales) or the President of Employment Tribunals |
| |
| |
(6) | In subsection (2B) (requests under certain entries in table in subsection (1) to |
| 25 |
be made only after consulting Lord Chancellor) after “3,” insert “4A,”. |
| |
(7) | In subsection (2D) (requests to Circuit judge or Recorder to act in High Court |
| |
require concurrence of Judicial Appointments Commission)— |
| |
(a) | omit “or Recorder”, and |
| |
(b) | for “High Court” substitute “Court of Appeal”. |
| 30 |
(8) | For subsection (3) (certain requests under subsection (1) must be complied |
| |
| |
“(3) | The person to whom a request is made under subsection (1) must |
| |
comply with the request, but this does not apply to— |
| |
(a) | a request made to a person who has been a judge of the Court |
| 35 |
| |
(b) | a request made to a person who has been a puisne judge of |
| |
the High Court and is not a judge of the Court of Appeal, or |
| |
(c) | a request made to the Senior President of Tribunals if the |
| |
holder of that office is a judge of the Court of Session or of the |
| 40 |
High Court, or Court of Appeal, in Northern Ireland.” |
| |
(9) | In subsection (6A) (Circuit judge or Recorder not to act by virtue of |
| |
subsection (5) as single judge in Court of Appeal for certain purposes) for “or |
| |
Recorder” substitute “, Recorder or person within subsection (1ZB)”. |
| |
|
| |
|