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Crime and Courts BillPage 250

(a) the provisions governing appointment to the office provide
that a person is eligible for appointment only where the
person satisfies one or some other particular number or all, or
at least one or at least some other particular number, of
5several conditions specified in the provisions, and

(b) at least one of the conditions specified in the provisions is
listed in subsection (8).

(8) The conditions are—

(a) that the person satisfies the judicial-appointment eligibility
10condition on an N-year basis (where N is a particular
number);

(b) that the person is a solicitor in Scotland of at least a particular
number of years’ standing;

(c) that the person is an advocate in Scotland of at least a
15particular number of years’ standing;

(d) that the person is a solicitor in Northern Ireland of at least a
particular number of years’ standing;

(e) that the person is a barrister in Northern Ireland of at least a
particular number of years’ standing.

(9) 20Before making an order under subsection (5) the Lord Chancellor
must consult the Lord Chief Justice, the Lord President of the Court
of Session and the Lord Chief Justice of Northern Ireland.

(10) An order under subsection (5)—

(a) may make different provision for different purposes;

(b) 25may make consequential, transitory, transitional or saving
provision.

65 (1) Section 86 (duty to fill vacancies) is amended as follows.

(2) After subsection (1) (duty to make a recommendation to fill vacancy for a
puisne judge of the High Court or in an office listed in Part 1 of Schedule 14)
30insert—

(1A) The Lord Chancellor must, as soon as is reasonably practicable after
being informed by the Lord Chief Justice that a selection under this
Chapter for a recommendation for an appointment to an office listed
in Table 2 of Part 1 of that Schedule has been accepted
35unconditionally or subject to conditions that have since been met,
make a recommendation of the selected person for an appointment
to that office.

(1B) The Lord Chancellor must, as soon as is reasonably practicable after
being informed by the Senior President of Tribunals that a selection
40under this Chapter for a recommendation for an appointment to an
office listed in Table 3 of Part 1 of that Schedule has been accepted
unconditionally or subject to conditions that have since been met,
make a recommendation of the selected person for an appointment
to that office.

(3) 45In subsection (2) (Lord Chancellor must fill vacancy in office listed in Part 2
or 3 of Schedule 14) after “listed in” insert “Table 1 of”.

Crime and Courts BillPage 251

(4) After that subsection insert—

(2A) The Lord Chief Justice must make an appointment to fill any vacancy
in an office listed in Table 2 of Part 2 of that Schedule.

(2B) The Senior President of Tribunals must make an appointment to fill
5any vacancy in an office listed in Table 2 of Part 3 of that Schedule.

(5) After subsection (3) insert—

(4) Subsections (2A) and (2B) do not apply to a vacancy while the Lord
Chancellor agrees that it may remain unfilled.

66 (1) Section 87 (request for selection of person to fill vacancy for High Court
10judge or in an office listed in Schedule 14) is amended as follows.

(2) After subsection (1) insert—

(1A) The Lord Chancellor may request the Commission to select a person
for membership of a pool for requests under section 9(1) of the Senior
Courts Act 1981, and a person may become a member of such a pool
15only by selection on a request under this subsection.

(3) In subsection (4) (sections 88 to 93 apply where request made under section
87) for “Sections 88 to 93 apply” substitute “Section 88 applies”.

(4) In subsection (5) for “Those sections are” substitute “That section is”.

67 In section 88 (selection process: puisne judges of High Court and other office
20holders)—

(a) omit subsection (2) (insufficient candidates of merit),

(b) omit subsection (3) (required elements of selection process),

(c) in subsection (4) (duty to arrange selection of one person for each
recommendation or appointment to which a request relates) for “or
25appointment” substitute “, appointment or pool membership”, and

(d) in subsection (5) (subsection (4) applies to selection under section 88,
92 or 93) for “section 92 or 93” substitute “regulations under section
94C”.

68 For section 94 (Commission’s duty to identify persons suitable for selection
30on a future request) substitute—

94 Power to require persons to be identified for future requests

(1) If the Lord Chancellor gives the Commission notice of a request
which the Lord Chancellor expects to make under section 87, the
Commission must seek to identify persons it considers would be
35suitable for selection on the request.

(2) The Lord Chancellor may, by regulations made with the agreement
of the Lord Chief Justice, make provision about how the Commission
is to comply with a duty imposed on it by subsection (1).

(3) The regulations may in particular—

(a) 40make provision as to things that are, or as to things that are
not, to be done—

(i) in complying with such a duty, or

(ii) in determining how to comply with such a duty;

(b) provide for the making of reports.

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(4) Regulations under this section—

(a) may make different provision for different purposes;

(b) may make consequential, supplementary, transitory,
transitional or saving provision.

69 (1) 5Section 95 (Lord Chancellor’s power to withdraw or modify a request) is
amended as follows.

(2) In subsection (2) before paragraph (a) insert—

(za) the Lord Chancellor may withdraw or modify a request in
consequence of a vacancy, or perceived need for an
10additional office-holder, having been filled or partly filled by
change in the amount of time required to be devoted to the
duties of office by an existing holder of the office concerned;.

(3) In that subsection after paragraph (b) insert—

(ba) so far as a request relates to any pool membership, the Lord
15Chancellor may withdraw or modify it after consulting the
Lord Chief Justice;.

(4) In subsection (2)(c) (withdrawal of request where selection process
unsatisfactory)—

(a) for “he”, in both places, substitute “the Lord Chancellor”, and

(b) 20for “or appointments” substitute “, appointments or pool
memberships”.

(5) In subsection (3) (selection already accepted may not be changed in
consequence of modification or part-withdrawal of request) after “accepted”
insert “unconditionally or subject only to matters such as the selected
25person’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
made pursuant to the request—

(a) 30has 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.

70 (1) Section 97 (consultation under certain provisions to be with head of the
35judiciary 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

(b) in paragraph (d) for “95(2)(a), (b)” substitute “95(2)(b)”.

(3) 40In subsection (4) (modification where requirement is to obtain concurrence
rather than to consult) after “section 94A(1)” insert “or 95(2)(a)”.

71 (1) In section 99 (judicial appointments: complaints) after subsection (3) insert—

(3A) An LCJ complaint is a complaint by a qualifying complainant of
maladministration by the Lord Chief Justice or the Lord Chief
45Justice’s nominee, or anyone acting on behalf of either of them, in
connection with—

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(a) selection under this Part for an office listed in Table 2 of Part
1 or 2 of Schedule 14,

(b) appointment to an office listed in Table 2 of Part 2 of that
Schedule, or

(c) 5selection 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
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
10section 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
to whom the Senior President has delegated functions, or anyone
acting on behalf of either of them, in connection with—

(a) 15selection 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
Schedule.

72 In section 100 (duty to make arrangements to investigate complaints) after
20subsection (2) insert—

(2A) The Lord Chief Justice must make arrangements for investigating
any LCJ complaint made to the Lord Chief Justice.

(2B) The Senior President of Tribunals must make arrangements for
investigating any SPT complaint made to the Senior President of
25Tribunals.

73 (1) Section 101 (complaints to the Judicial Conduct and Appointments
Ombudsman) is amended as follows.

(2) In subsections (1)(a) and (4)(a) (investigation of complaints previously made
to Judicial Appointments Commission or Lord Chancellor) for “or the Lord
30Chancellor” 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”
substitute “decision of the Commission, the Lord Chancellor, the Lord Chief
Justice or the Senior President of Tribunals”.

74 35In 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
or the Senior President of Tribunals”, and

(b) in subsection (4) (compensation not to be recommended for failure to
40be appointed to an office) after “office” insert “, or selected for
membership of a pool,”.

75 (1) Section 103 (Ombudsman’s reports) is amended as follows.

(2) For subsection (2) (drafts of reports) substitute—

(2) The Ombudsman must submit a draft of the report to the Lord
45Chancellor and to—

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(a) the Commission if the complaint was a Commission
complaint;

(b) the Lord Chief Justice if the complaint was an LCJ complaint;

(c) the Senior President of Tribunals if the complaint was an SPT
5complaint.

(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
Senior President of Tribunals”.

(4) After subsection (5) insert—

(5A) 10If the complaint was an LCJ complaint the Ombudsman must send
the report in duplicate to the Lord Chancellor and the Lord Chief
Justice.

(5B) If the complaint was an SPT complaint the Ombudsman must send
the report in duplicate to the Lord Chancellor and the Senior
15President of Tribunals.

76 (1) Section 104 (referrals to Judicial Conduct and Appointments Ombudsman of
matters relating to Judicial Appointments Commission) is amended as
follows.

(2) In subsection (1) (duty to investigate matter referred by Lord Chancellor)
20after “Lord Chancellor” insert “, the Lord Chief Justice or the Senior
President of Tribunals”.

(3) In subsection (3) (report on referred matter) after “Lord Chancellor” insert
“, the Lord Chief Justice and the Senior President of Tribunals”.

77 In section 105 (provision of information to Ombudsman) after “The
25Commission” insert “, the Lord Chief Justice, the Senior President of
Tribunals”.

78 In section 144(5) (orders and regulations subject to affirmative procedure)
after paragraph (a) insert—

(aa) an order under section 85(5);

(ab) 30regulations under section 94 or 94C;.

79 In paragraph 2 of Schedule 7 (functions of Lord Chancellor under the Act are
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) 35any earlier or later enactment.

80 In Schedule 12 (the Judicial Appointments Commission) in paragraphs 20(6)
and 27(3) (selection panels under section 70 or 79) after “70” insert “, 75B”.

Part 5 Appointment of judge to exercise functions of a head of division in case of
40incapacity or a vacancy etc

81 Where a Head of Division is incapable of exercising relevant functions, or
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.

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82 An appointment under paragraph 81

(a) must be in writing,

(b) must specify the functions that may be exercised by the appointed
judge, and

(c) 5must set out the duration of the appointment.

83 In paragraph 81

84 15In this Part of this Schedule “relevant functions” means functions under any
of the following—

85 The Lord Chancellor may by order amend the list in paragraph 84 so as to—

(a) add an entry,

(b) 10remove an entry, or

(c) vary an entry.

86 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
15such of the offices as are not vacant) insert—

(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).

Part 6 20Abolition of office of assistant Recorder

87 (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
Recorders).

(2) In consequence of that repeal—

(a) 25in subsection (1A) of that section (duration of appointments)—

(i) omit “in the case of appointment as a deputy Circuit judge,”,
and

(ii) omit the words after “seventy-five”,

(b) in subsection (2) of that section—

(i) 30omit “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
such judges”,

(d) in subsection (5) of that section omit “and assistant Recorders”,

(e) 35in 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
paragraph 5(5)(ii),

(h) 40in section 9(4) of the Senior Courts Act 1981 omit “and assistant
Recorders”,

(i) in section 64(2) of the Courts Act 2003 omit the entry for Assistant
Recorder,

(j) in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph
4571(2)(d),

Crime and Courts BillPage 258

(k) in Part 2 of Schedule 14 to that Act omit the entry for Assistant
Recorder, and

(l) in Schedule 10 to the Tribunals, Courts and Enforcement Act 2007
omit paragraph 9(4).

Section 19

5SCHEDULE 14 Deployment of the judiciary

Part 1 Deployment under section 9 of the Senior Courts Act 1981

Requests for assistance under section 9(1) of the Senior Courts Act 1981

1 (1) 10Section 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
Appeal, or has been a puisne judge of the High Court, may be asked to act
15as 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
Tribunals.
The Court of Appeal and the
High Court.

(4) 20In 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.

(1ZB) 25A 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-
tier Tribunal,

(b) is a judge of the Upper Tribunal by virtue of appointment
30under 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
31(2) of that Act),

(d) is a deputy judge of the Upper Tribunal (whether under
35paragraph 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
(Scotland).

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(6) In subsection (2B) (requests under certain entries in table in subsection (1) to
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) 5omit “or Recorder”, and

(b) for “High Court” substitute “Court of Appeal”.

(8) For subsection (3) (certain requests under subsection (1) must be complied
with) substitute—

(3) The person to whom a request is made under subsection (1) must
10comply with the request, but this does not apply to—

(a) a request made to a person who has been a judge of the Court
of Appeal,

(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) 15a 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
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
20Recorder” substitute “, Recorder or person within subsection (1ZB)”.

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
25facilitate disposal of business in the High Court or Crown Court) after
“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
30Court—

(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) 35a ground specified in the person’s terms of
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
40person’s appointment, which are to be such as the Lord Chancellor
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
45“senior judge (as defined in section 109(5)”, and

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Contents page 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 310-319 320-329 330-336 Last page