Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 1 — Deployment under section 9 of the Senior Courts Act 1981
254

Deputy judges of the High Court
2     (1)
Section 9 of the Senior Courts Act 1981 (which includes provision about the
appointment of deputy judges of the High Court) is amended as follows.
      (2)
In subsection (4) (power of Lord Chief Justice to appoint deputy judges to
facilitate disposal of business in the High Court or Crown Court) after
5
“Crown Court” insert “or any other court or tribunal to which persons
appointed under this subsection may be deployed”.
      (3)
After subsection (8) (remuneration) insert—
“(8A)
A person may be removed from office as a deputy judge of the High
Court—
10
(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
(ii)
a ground specified in the person’s terms of
15
appointment.
(8B)
Subject to the preceding provisions of this section, a person
appointed under subsection (4) is to hold and vacate office as a
deputy judge of the High Court in accordance with the terms of the
person’s appointment, which are to be such as the Lord Chancellor
20
may determine.”
      (4)
In subsection (9) (Lord Chief Justice’s power to delegate functions under
subsection (4))—
(a)
for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and
25
(b)
for “his functions under subsection (4)” substitute “functions of the
Lord Chief Justice under this section”.
      (5)
In the title omit the words after “business”.
3     (1)
In Table 2 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005
(Judicial Appointments Commission: offices to which appointment made by
30
Lord Chief Justice) before the first entry insert—

“Deputy judge of the High
Section 9(4) of the Senior

Court
Courts Act 1981”

      (2)
If the provisions in Schedule 13 to this Act that split the table in Part 2 of
Schedule 14 to the 2005 Act into two tables do not come into force before or
35
at the time when sub-paragraph (1) comes into force—
(a)
sub-paragraph (1) has effect with the omission of “Table 2 of”, and
(b)
paragraph 39 of Schedule 13 has effect—
(i)
as if a reference to the office of deputy judge of the High
Court were inserted at the beginning of the list in sub-
40
paragraph (4) of that paragraph, and
(ii)
as if “second” were substituted for “first” in sub-paragraph
(5) of that paragraph.

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 2 — Deployment of judges to the Crown Court
255

      (3)
After section 94A of the 2005 Act (appointments not subject to section 85:
courts) insert—
“94AA
Appointments not subject to section 85: High Court deputy judge
(1)
Where this section applies to an appointment, section 85 does not
apply.
5
(2)
This section applies to the appointment of a person as a deputy judge
of the High Court if it appears to the Lord Chief Justice, after
consulting the Lord Chancellor, that—
(a)
there is an urgent need to take steps in order to facilitate the
disposal of particular business in the High Court or Crown
10
Court,
(b)
it is expedient as a temporary measure to make the
appointment in order to facilitate the disposal of the business,
and
(c)
there are no other reasonable steps that it is practicable to
15
take within the time available in order to facilitate the
disposal of the business.
(3)
An appointment to which this section applies is to be made—
(a)
so as not to extend beyond the day on which the particular
business concerned is concluded, or
20
(b)
so as not to extend beyond the later of—
(i)
the day on which the business is concluded, or
(ii)
the day expected when the appointment is made to be
the day on which the business is concluded.”
      (4)
In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.
25
Part 2
Deployment of judges to the Crown Court
4     (1)
Section 8 of the Senior Courts Act 1981 (persons by whom jurisdiction of the
Crown Court is exercisable) is amended as follows.
      (2)
In subsections (1)(b) and (3) after “Recorder,” insert “judge within
30
subsection (5),”.
      (3)
In subsection (1)(c) after “Recorder” insert “, judge within subsection (5)”.
      (4)
After subsection (4) insert—
“(5)
A person is a judge within this subsection if the person—
(a)
is the Senior President of Tribunals,
35
(b)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,
(c)
is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
40
and Enforcement Act 2007,
(d)
is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 3 — Deployment of judges to the magistrates’ courts
256

(e)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(f)
holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
5
etc), or
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),
(g)
is a district judge (which, by virtue of section 8(1C) of the
County Courts Act 1984, here includes a deputy district judge
10
appointed under section 8 of that Act),
(h)
is a deputy district judge appointed under section 102 of the
Senior Courts Act 1981,
(i)
is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
15
and Enforcement Act 2007,
(j)
is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or
(k)
is a member of a panel of Employment Judges established for
England and Wales or for Scotland.”
20
Part 3
Deployment of judges to the magistrates’ courts
5     (1)
Section 66 of the Courts Act 2003 (judges who have powers of justice of the
peace who is a District Judge (Magistrates’ Courts)) is amended as follows.
      (2)
In subsection (2) after paragraph (a) insert—
25
“(aa)
Master of the Rolls;
(ab)
ordinary judge of the Court of Appeal;
(ac)
Senior President of Tribunals;”.
      (3)
In subsection (2) after paragraph (e) insert—
“(f)
Chamber President, or Deputy Chamber President, of a
30
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal;
(g)
judge of the Upper Tribunal by virtue of appointment under
paragraph 1(1) of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007;
35
(h)
transferred-in judge of the Upper Tribunal (see section 31(2)
of that Act);
(i)
deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);
(j)
office listed—
40
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
etc), or
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc);
45
(k)
district judge (which, by virtue of section 8(1C) of the County
Courts Act 1984, here includes deputy district judge
appointed under section 8 of that Act);

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 4 — Deployment of judges to the Court of Protection
257

(l)
deputy district judge appointed under section 102 of the
Senior Courts Act 1981;
(m)
judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007;
5
(n)
transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act);
(o)
member of a panel of Employment Judges established for
England and Wales or for Scotland.”
      (4)
After subsection (6) insert—
10
“(7)
This section does not give a person any powers that a District Judge
(Magistrates’ Courts) may have to act in a court or tribunal that is not
a magistrates’ court.”
Part 4
Deployment of judges to the Court of Protection
15
6     (1)
Section 46 of the Mental Capacity Act 2005 (judges of the Court of
Protection) is amended as follows.
      (2)
In subsection (2) (persons who may be nominated as court’s judges) omit the
“or” at the end of paragraph (d) and, after paragraph (e), insert “,
(f)
a District Judge (Magistrates’ Courts),
20
(g)
a judge of the First-tier Tribunal, or of the Upper Tribunal, by
virtue of appointment under paragraph 1(1) of Schedule 2 or
3 to the Tribunals, Courts and Enforcement Act 2007,
(h)
a transferred-in judge of the First-tier Tribunal or of the
Upper Tribunal (see section 31(2) of that Act),
25
(i)
a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(j)
the Chamber President, or Deputy Chamber President, of a
chamber of the First-tier Tribunal or of a chamber of the
Upper Tribunal,
30
(k)
the Judge Advocate General,
(l)
a Recorder,
(m)
the holder of an office listed in the first column of the table in
section 89(3C) of the Senior Courts Act 1981 (senior High
Court Masters etc),
35
(n)
a holder of an office listed in column 1 of Part 2 of Schedule 2
to that Act (High Court Masters etc),
(o)
a deputy district judge appointed under section 102 of that
Act or under section 8 of the County Courts Act 1984,
(p)
a member of a panel of Employment Judges established for
40
England and Wales or for Scotland,
(q)
a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),
(r)
a deputy judge of the High Court,
45
(s)
the Senior President of Tribunals,

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 5 — Deployment of judges to the First-tier Tribunal and the Upper Tribunal
258

(t)
an ordinary judge of the Court of Appeal (including the vice-
president, if any, of either division of that court),
(u)
the President of the Queen’s Bench Division,
(v)
the Master of the Rolls, or
(w)
the Lord Chief Justice.”
5
      (3)
In subsection (2)(b) for “Vice-Chancellor” substitute “Chancellor of the High
Court”.
      (4)
In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be
appointed senior judge of the court) for “or (e)” substitute “to (q)”.
      (5)
In section 4(5)(f) of the Human Rights Act 1998 (things done by certain
10
judges in Court of Protection) for “Vice-Chancellor” substitute “Chancellor
of the High Court”.
Part 5
Deployment of judges to the First-tier Tribunal and the Upper Tribunal
7
The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
15
8
In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—
“(ca)
is within section 6A,”.
9     (1)
Section 6(1) (certain judges who are also judges of the First-tier Tribunal and
the Upper Tribunal) is amended as follows.
      (2)
Before paragraph (a) insert—
20
“(za)
is the Lord Chief Justice of England and Wales,
(zb)
is the Master of the Rolls,
(zc)
is the President of the Queen’s Bench Division of the High
Court in England and Wales,
(zd)
is the President of the Family Division of the High Court in
25
England and Wales,
(ze)
is the Chancellor of the High Court in England and Wales,”.
      (3)
After paragraph (d) insert—
“(da)
is a deputy judge of the High Court in England and Wales,
(db)
is the Judge Advocate General,”.
30
10
After section 6 insert—
“6A
Certain judges who are also judges of the First-tier Tribunal
A person is within this section (and so, by virtue of section 4(1)(ca),
is a judge of the First-tier Tribunal) if the person—
(a)
is a deputy Circuit judge,
35
(b)
is a Recorder,
(c)
is a person who holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
etc), or
40
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 6 — Deployment of judges to the Employment Appeal Tribunal
259

(d)
is a deputy district judge appointed under section 102 of that
Act or section 8 of the County Courts Act 1984,
(e)
is a Deputy District Judge (Magistrates’ Courts), or
(f)
is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
5
Advocate General).”
11    (1)
In paragraph 6(3)(a) of each of Schedules 2 and 3 (requests to certain judges
to act as judges of First-tier Tribunal or Upper Tribunal may be made only
with the concurrence of the Lord Chief Justice) omit the “or” at the end of
sub-paragraph (iv) and, after sub-paragraph (v), insert “,
10
(vi)
the Master of the Rolls,
(vii)
the President of the Queen’s Bench Division of the
High Court of England and Wales,
(viii)
the President of the Family Division of that court,
(ix)
the Chancellor of that court,
15
(x)
a deputy judge of that court, or
(xi)
the Judge Advocate General;”.
      (2)
In paragraph 6 of Schedule 2 (judges by request of First-tier Tribunal) after
sub-paragraph (3) insert—
   “(3A)
A request made under sub-paragraph (2) to a person who is a
20
judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be
made only with the concurrence of the Lord Chief Justice of
England and Wales.”
Part 6
Deployment of judges to the Employment Appeal Tribunal
25
12    (1)
Section 22 of the Employment Tribunals Act 1996 (membership of
Employment Appeal Tribunal) is amended as follows.
      (2)
In subsection (1)(a) (judges drawn from the judges of the High Court, or
Court of Appeal, in England and Wales) after “Court of Appeal” insert “and
the judges within subsection (2A)”.
30
      (3)
After subsection (2) insert—
“(2A)
A person is a judge within this subsection if the person—
(a)
is the Senior President of Tribunals,
(b)
is a deputy judge of the High Court,
(c)
is the Judge Advocate General,
35
(d)
is a Circuit judge,
(e)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,
(f)
is a judge of the Upper Tribunal by virtue of appointment
40
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(g)
is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

Crime and Courts Bill [HL]
Schedule 14 — Deployment of the judiciary
Part 7 — Deployment of judges to the employment tribunals
260

(h)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(i)
is a district judge, which here does not include a deputy
district judge, or
(j)
is a District Judge (Magistrates’ Courts), which here does not
5
include a Deputy District Judge (Magistrates’ Courts).”
      (4)
In subsection (4) (judge’s consent required to nomination to Appeal
Tribunal) after “Appeal Tribunal” insert “under subsection (1)(b)”.
Part 7
Deployment of judges to the employment tribunals
10
13    (1)
Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is
amended as follows.
      (2)
In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection
(3))” insert “except where the relevant judge is the Lord Chief Justice of
England and Wales”.
15
      (3)
In subsection (3)(a) (consent required for deployment of judges of courts in
England and Wales)—
(a)
in sub-paragraph (i) at the beginning insert “the Master of the Rolls
or”,
(b)
after sub-paragraph (i) insert—
20
“(ia)
within subsection (4)(b)(ia),”, and
(c)
omit the “or” after sub-paragraph (iv), and after sub-paragraph (v)
insert “, or
(vi)
within subsection (4)(b)(x) to (xvi);”.
      (4)
In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-
25
paragraph (v), and after paragraph (vi) insert “, or
(vii)
is the Senior President of Tribunals;”.
      (5)
In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert
“the Lord Chief Justice of England and Wales, the Master of the Rolls or”.
      (6)
In subsection (4)(b) after sub-paragraph (i) insert—
30
“(ia)
is the President of the Queen’s Bench Division or
Family Division, or the Chancellor, of the High Court
in England and Wales,”.
      (7)
In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after
sub-paragraph (ix) insert—
35
“(x)
is a deputy judge of the High Court in England and
Wales,
(xi)
is a Recorder,
(xii)
is a Deputy District Judge (Magistrates’ Courts),
(xiii)
is a deputy district judge appointed under section 8 of
40
the County Courts Act 1984 or section 102 of the
Senior Courts Act 1981,
(xiv)
holds an office listed in the first column of the table in
section 89(3C) of the Senior Courts Act 1981 (senior
High Court Masters etc),
45