30 (1) Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 (judges and
other members of the Upper Tribunal) is amended as follows.

(2) In paragraph 1(2)(d) (eligibility for appointment as judge based on
experience gained in law) for “Lord Chancellor’s opinion” substitute
5“opinion of the Senior President of Tribunals”.

(3) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord
Chancellor” substitute “Senior President of Tribunals”.

Recommended appointments: further provisions

31 In section 16 of the Courts Act 1971 (appointment of Circuit judges) omit
10subsection (4) (health).

32 (1) Section 21 of the Courts Act 1971 (appointment of Recorders) is amended as
follows.

(2) For subsection (3)(c) (appointment must specify circumstances in which
Lord Chancellor may decline to extend appointment or may terminate it)
15substitute—

“(c) the circumstances in which the Lord Chancellor may
terminate the appointment (other than those in subsection
(6)(a) or (b));

(d) the circumstances in which the Lord Chief Justice may
20decline to extend the term of the appointment (other than
those in subsection (4C)(a) or (b)).”

(3) In subsection (4A) (Lord Chancellor must, subject to exceptions, extend term
of Recorder’s appointment) for “Lord Chancellor”, in the first place,
substitute “Lord Chief Justice”.

(4) 25In subsection (4B) (no extension without Recorder’s agreement) for “Lord
Chancellor” substitute “Lord Chief Justice”.

(5) In subsection (4C) (Lord Chancellor may, with Lord Chief Justice’s
agreement, decline to extend term on certain grounds)—

(a) for “Lord Chancellor may, with the agreement of the Lord Chief
30Justice,” substitute “Lord Chief Justice may, with the agreement of
the Lord Chancellor,”, and

(b) in paragraph (c) for “(3)(c)” substitute “(3)(d)”.

(6) In subsection (5) (neither initial term nor extension under subsection (4) may
extend appointment beyond judicial retirement age) for “(4)” substitute
35“(4A)”.

(7) After subsection (7) insert—

“(8) Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a
Recorder in accordance with the terms of the person’s appointment,
40and those terms (including the terms specified under subsection (3))
are (subject to subsection (4)) to be such as the Lord Chancellor may
determine.

(9) The Lord Chief Justice may nominate a senior judge (as defined in
section 109(5) of the Constitutional Reform Act 2005) to exercise
45functions of the Lord Chief Justice under subsections (4) to (4C).”

(8) 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
1971 for “Section 21(2), (4) and (7)” substitute “Section 21”.

33 In section 89(4) of the Senior Courts Act 1981 (additional offices and duties
5of Senior Master appointed under subsection (3)(a)) for “under subsection
(3)(a)” substitute “of the Queen’s Bench Division”.

Deputy Circuit judges to be appointed by Lord Chief Justice

34 (1) Section 24 of the Courts Act 1971 (deputy Circuit judges and assistant
Recorders) is amended as follows.

(2) 10In subsection (1) (appointment to facilitate disposal of certain business) for
“a county court” substitute “county court or any other court or tribunal to
which a person appointed under this subsection may be deployed”.

(3) In subsection (1)(a) (Lord Chancellor’s power to appoint deputy circuit
judges) for “Lord Chancellor may, with the concurrence of the Lord Chief
15Justice,” 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) 20After 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—

(i) 25the 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
30judge (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)—

(a) 35requires 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
40appointment.

(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
45determine.”

(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

(b) 5after “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

35 (1) Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters,
10Registrars 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

(b) after “to facilitate the disposal of business in the Senior Courts” insert
15“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—

“(1ZA) The Lord Chief Justice may not appoint a holder of relevant office
20under 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
office—

(a) 25only 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
30appointment.

(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
expiry; and for this purpose a person appointed under subsection (1)
35to 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)—

(a) requires the person’s agreement,

(b) 40is 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
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
5be 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
10(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
15Tribunals, Courts and Enforcement Act 2007 omit sections 57(2)(a) and (5)
and 144(5).

Deputy district judges to be appointed by Lord Chief Justice

36 (1) Section 102 of the Senior Courts Act 1981 (deputy district judges for the High
Court) is amended as follows.

(2) 20In subsection (1) (Lord Chancellor’s power of appointment)—

(a) for “Lord Chancellor” substitute “Lord Chief Justice”, and

(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) 25In subsection (1B) (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 Justice may
not appoint a person under subsection (1) without the concurrence of the
Lord Chancellor”.

(4) 30After subsection (5) (remuneration) insert—

“(5ZA) 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

(b) 35only on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person’s terms of
appointment.

(5ZB) Subject to subsection (5ZC), the term of a person’s appointment
40under this section (including a term already extended under this
subsection) must be extended by the Lord Chief Justice before its
expiry.

(5ZC) Extension under subsection (5ZB)—

(a) requires the person’s agreement,

(b) 45is 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.

(5ZD) 5Subject 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 in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
10determine.

(5ZE) 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), (5ZA)(a), (5ZB)
or (5ZC)(c).”

(5) 15In subsection (5A) (delegation of Lord Chief Justice’s functions) omit “(1B)
or”.

(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”.

37 (1) 20Section 8 of the County Courts Act 1984 (deputy district judges for the
county court) is amended as follows.

(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
25cases) for “Lord Chancellor may not appoint a person under subsection (1)
without 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) In subsection (1A) (ages beyond which appointments may not extend) in
30each of paragraphs (a) and (b) after “shall not be such as to” insert “, or be
extended under subsection (3B) so as to,”.

(5) After subsection (3) (remuneration) insert—

“(3A) A person appointed under this section may be removed from office
as a deputy district judge—

(a) 35only 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
40appointment.

(3B) Subject to subsections (1A) and (3C), 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 expiry.

(3C) 45Extension under subsection (3B)—

(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—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person’s terms of
5appointment.

(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
10determine.

(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) 15In subsection (4) (delegation of Lord Chief Justice’s functions) omit “(1ZB)
or”.

(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”.

20Deputy District Judges (Magistrates’ Courts) to be appointed by Lord Chief Justice

38 (1) Section 24 of the Courts Act 2003 (Deputy District Judges (Magistrates’
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) 25For subsection (4) (removal from office to be by Lord Chancellor with
concurrence of Lord Chief Justice but only on ground of incapacity or
misbehaviour) substitute—

“(4) A person may be removed from office as a Deputy District Judge
(Magistrates’ Courts)—

(a) 30only 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
35appointment.

(4A) Subject to subsection (4B), the period of a person’s appointment
under this section (including a period already extended under this
subsection) must be extended by the Lord Chief Justice before its
expiry.

(4B) 40Extension under subsection (4A)—

(a) requires the person’s agreement,

(b) is to be for such period as the Lord Chancellor considers
appropriate, and

(c) may be refused on—

(i) 45the ground of inability or misbehaviour, or

(ii) a ground specified in the person’s terms of
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
5appointed under this section is to hold and vacate office as a Deputy
District Judge (Magistrates’ Courts) in accordance with the terms of
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
10section 109(5) of the Constitutional Reform Act 2005) to exercise the
Lord Chief Justice’s functions under subsection (1), (4)(a), (4A) or
(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
152003 at the appropriate place insert “Section 24”.

Lay justices to be appointed by Lord Chief Justice

39 (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
20Chancellor” substitute “Lord Chief Justice”.

(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
25person’s appointment, which are to be such as the Lord Chancellor
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
30under subsection (1) include arrangements for consulting persons
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
35in relation to the exercise of functions under subsections (1) and (2)) for
“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
40functions of the Lord Chief Justice under subsection (1).”

(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

40 (1) Section 94A of the Constitutional Reform Act 2005 (certain appointments by
Lord Chancellor not subject to section 85 but require concurrence of Lord
Chief Justice) is amended as follows.

(2) 5For 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
other of them.”

(3) 10In subsection (3) (Lord Chief Justice may delegate function under subsection
(1)(b)) after “function” insert “of concurring”.

41 (1) Schedule 14 to that Act (Judicial Appointments Commission: relevant offices
and enactments) is amended as follows.

(2) For the title of Part 2 substitute “Court-related appointments”.

(3) 15The table in Part 2 (appointments by the Lord Chancellor) becomes Table 1
of that Part called “Appointments by the Lord Chancellor”.

(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)—

• 20Person 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
  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
  25Courts Act 1984

• Justice of the Peace appointed under section 10(1) of the Courts Act
  2003 (justices of the peace other than District Judges (Magistrates’
  Courts))

• Deputy District Judge (Magistrates’ Courts) appointed under section
  3024(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
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
  35Peace Act 1997

Senior President of Tribunals to make certain appointments to First-tier and Upper Tribunals

42 The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

43 In section 7(7) (Lord Chancellor’s power to appoint Chamber Presidents for
the First-tier Tribunal or the Upper Tribunal) for “Lord Chancellor”
40substitute “Senior President of Tribunals”.

44 (1) In section 8 (power of Senior President of Tribunals to delegate) after

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) 5In section 8(2) (functions which the Senior President of Tribunals may not
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;

• 10paragraph 2(1) of Schedule 3;

• 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;

• 15paragraph 5(1) and (3) of Schedule 4;

• 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.”

45 (1) 20Schedule 2 (judges and other members of the First-tier Tribunal) is amended
as follows.

(2) In paragraphs 1(1) and 2(1) (Lord Chancellor’s power to appoint) for “Lord
Chancellor” substitute “Senior President of Tribunals”.

(3) In paragraph 1(2)(d) (eligibility for appointment as judge based on
25experience gained in law) for “Lord Chancellor’s opinion” substitute
“opinion of the Senior President of Tribunals”.

(4) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord
Chancellor” substitute “Senior President of Tribunals”.

(5) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
30appointee may be removed from office only by Lord Chancellor and only on
ground of inability or misbehaviour) insert—

“(2A) If the terms of the person’s appointment provide that the person
is appointed on a fee-paid basis, the person may be removed from
office—

(a) 35only by the Lord Chancellor (and in accordance with
paragraph 3), and

(b) only on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person’s terms of
40appointment.

(2B) If the period (or extended period) for which the person is
appointed ends before—

(a) the day on which the person attains the age of 70, or

(b) if different, the day that for the purposes of section 26 of
45the Judicial Pensions and Retirement Act 1993 is the

compulsory retirement date for the office concerned in the
person’s case,

then, subject to sub-paragraph (2C), the Senior President of
Tribunals must extend the period of the person’s appointment
5(including a period already extended under this sub-paragraph)
before it ends.

(2C) Extension under sub-paragraph (2B)—

(a) requires the person’s agreement,

(b) is to be for such period as the Lord Chancellor considers
10appropriate, 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.”

(6) 15In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate
office in accordance with terms of appointment)—

(a) for “sub-paragraph (2) (and” substitute “the preceding provisions of
this paragraph (but subject in the first place”, and

(b) after “appointment” insert “, which are to be such as the Lord
20Chancellor may determine”.

46 (1) Schedule 3 (judges and other members of the Upper Tribunal) is amended
as follows.

(2) In paragraph 2(1) (Lord Chancellor’s power to appoint other members of the
Upper Tribunal) for “Lord Chancellor” substitute “Senior President of
25Tribunals”.

(3) In paragraph 3(1) (removal from office) before the “or” at the end of
paragraph (b) insert—

“(ba) a person who is a deputy judge of the Upper Tribunal
(whether by appointment under paragraph 7(1) or as a
30result of provision under section 31(2)),”.

(4) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
appointee may be removed from office only by Lord Chancellor and only on
ground of inability or misbehaviour) insert—

“(2A) If the terms of the person’s appointment provide that the person
35is appointed on a fee-paid basis, the person may be removed from
office—

(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and

(b) only on—

(i) 40the ground of inability or misbehaviour, or

(ii) a ground specified in the person’s terms of
appointment.

(2B) If the period (or extended period) for which the person is
appointed ends before—

(a) 45the day on which the person attains the age of 70, or

(b) if different, the day that for the purposes of section 26 of
the Judicial Pensions and Retirement Act 1993 is the