Prisons and Courts Bill (HC Bill 170)

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Section 56

SCHEDULE 15 Judges with leadership roles

Part 1 Lord Chief Justice or Head of Division with a fixed-term appointment

5Possibility of appointment on a fixed-term

1 In section 10 of the Senior Courts Act 1981 (appointment of judges of Senior
Courts)—

(a) after subsection (1) insert—

(1A) An appointment to an office under subsection (1) may be
10made on terms that provide for retirement from the office at
a particular time specified in those terms (“the end of the
fixed-term”).”;

(b) after subsection (2) insert—

(2A) If a person is to be appointed to an office under subsection (1)
15on the terms allowed by subsection (1A), the Lord Chancellor
must recommend the person for appointment by Her Majesty
under subsection (2) as an ordinary judge of the Court of
Appeal.

(2B) An appointment as an ordinary judge of the Court of Appeal made
20on a recommendation given in accordance with subsection (2A)
must provide for that appointment to take effect when the person
ceases to hold the appointment under subsection (1) (whether that
is at the end of the fixed-term or earlier).

(2C) The limits on full-time equivalent numbers for the time being
25imposed by section 2(1) do not prevent an appointment from
being made on a recommendation given in accordance with
subsection (2A).

(2D) The duty in subsection (2A) does not apply if the person to be
appointed to the office under subsection (1) is a judge of the
30Supreme Court.”

Vacation of office at the end of a fixed-term appointment

2 In section 11 of the Senior Courts Act 1981 (tenure of office of judges of
Senior Courts), after subsection (2) insert—

(2A) But if—

(a) 35an appointment to the office of Lord Chief Justice, Master of
the Rolls, President of the Queen’s Bench Division, President
of the Family Division or Chancellor of the High Court is
made on the terms allowed by section 10(1A), and

(b) the end of the fixed-term is earlier than the time at which the
40person is otherwise required to retire from that office,

the person vacates that office at the end of the fixed-term unless the
person has otherwise ceased to hold it before then (and any
appointment as an ordinary judge of the Court of Appeal made on a

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recommendation given in accordance with section 10(2A) then takes
effect accordingly).”

Maximum number of Court of Appeal judges not to include appointees under section 10(2A)

3 In section 2 of the Senior Courts Act 1981 (the Court of Appeal), after
5subsection (7) insert—

(8) A person is not to count as an ordinary judge of the Court of Appeal
in respect of any period when the person holds that office by virtue
of an appointment made on a recommendation given in accordance
with section 10(2A).”

10Part 2 Other fixed-term appointments in the Senior Courts

Possibility of appointment on fixed-term

4 (1) Section 89 of the Senior Courts Act 1981 (masters and registrars) is amended
as follows.

(2) 15After subsection (3C) insert—

(3D) An appointment to a senior office under subsection (3) may be made
on terms that provide for retirement from the senior office at a
particular time specified in those terms.

(3E) If a person’s appointment to a senior office is made on the terms
20allowed by subsection (3D)—

(a) that appointment to the senior office does not affect the
person’s tenure of the qualifying office (in a case where
subsection (3A)(a) applies);

(b) the appointment to the qualifying office is not to be made on
25terms of that kind (in a case where subsection (3A)(b)
applies).”

(3) After subsection (7B) insert—

(7C) A person—

(a) appointed under subsection (1), or

(b) 30appointed to a senior office,

is to be paid such allowances as may be determined by the Lord
Chancellor with the concurrence of the Treasury.”

(4) In subsection (8), after “Salaries” insert “and allowances”.

Vacation of office at end of fixed-term appointment

5 35In section 92 of the Senior Courts Act 1981 (tenure of office), after subsection
(3A) insert—

(3B) If—

(a) an appointment to the office of Senior Master of the Queen’s
Bench Division, Chief Chancery Master, Chief Taxing Master,
40Chief Bankruptcy Registrar or Senior District Judge of the

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Family Division is made on the terms allowed by section
89(3D), and

(b) the time specified in the terms of that appointment for
retirement from that office is earlier than the time at which
5the person is otherwise required to retire from that office,

the person vacates that office at the end of the fixed-term unless the
person has otherwise ceased to hold it before then.”

Part 3 District judges

10Payment of allowances

6 In section 6 of the County Courts Act 1984 (district judges), in subsection (5),
after “salary” insert “, and such allowances,”.

Part 4 Senior President of Tribunals with a fixed-term appointment

15Appointment to Court of Appeal

7 In paragraph 6 of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007
(tenure, removal, resignation etc of Senior President of Tribunals), after sub-
paragraph (4) insert—

(5) If a person—

(a) 20is to be appointed as Senior President of Tribunals on the terms
allowed by sub-paragraph (1)(a), and

(b) is neither a judge of the Court of Appeal in England and Wales
nor a judge of the Supreme Court,

the Lord Chancellor must recommend the person for appointment by Her
25Majesty under section 10(2) of the Senior Courts Act 1981 as an
ordinary judge of the Court of Appeal.

(6) But that duty does not arise unless the person satisfies the judicial-
appointment eligibility condition on a 7-year basis.”

Part 5 30Tribunal Chamber Presidents and Deputy Chamber Presidents

Appointment on a fixed-term

8 (1) Schedule 4 to the Tribunals, Courts and Enforcement Act 2007 (Chamber
Presidents and Deputies: removal from office and extension of appointment)
is amended as follows.

(2) 35In paragraph 3 (Chamber Presidents: duration of appointment,
remuneration etc), after sub-paragraph (1) insert—

(1A) If—

(a) a person is appointed as a Chamber President on terms
that provide for him to retire from the office at a particular

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time specified in those terms (“the end of the fixed-term”),
and

(b) the end of the fixed-term is earlier than the time at which
the person is required by the Judicial Pensions and
5Retirement Act 1993 to retire from the office,

the person shall, if still holding the office at the end of the fixed-
term, vacate the office at the end of the fixed-term.

(1B) If a person—

(a) is to be appointed as a Chamber President on the terms allowed
10by sub-paragraph (1A)(a), and

(b) is not one of the judges of the Upper Tribunal,

the Lord Chancellor must recommend the person for appointment by Her
Majesty under paragraph 1(1) of Schedule 3 as one of the judges of the
Upper Tribunal.

(1C) 15But that duty does not arise unless the person satisfies the judicial-
appointment eligibility condition on a 7-year basis.

(1D) An appointment as a judge of the Upper Tribunal made on a
recommendation given in accordance with sub-paragraph (1B)
must provide for that appointment to take effect when the person
20ceases to hold the appointment as a Chamber President (whether
that is at the end of the fixed-term or earlier).”

(3) In paragraph 5 (Deputy Chamber Presidents), after sub-paragraph (9)
insert—

(9A) If—

(a) 25a person is appointed as a Deputy Chamber President on
terms that provide for him to retire from the office at a
particular time specified in those terms (“the end of the
fixed-term”), and

(b) the end of the fixed-term is earlier than the time at which
30the person is required by the Judicial Pensions and
Retirement Act 1993 to retire from the office,

the person shall, if still holding the office at the end of the fixed-
term, vacate the office at the end of the fixed-term.

(9B) If a person—

(a) 35is to be appointed as a Deputy Chamber President on the terms
allowed by sub-paragraph (9A)(a), and

(b) is not one of the judges of the Upper Tribunal,

the Lord Chancellor must recommend the person for appointment by Her
Majesty under paragraph 1(1) of Schedule 3 as one of the judges of the
40Upper Tribunal.

(9C) But that duty does not arise unless the person satisfies the judicial-
appointment eligibility condition on a 7-year basis.

(9D) An appointment as a judge of the Upper Tribunal made on a
recommendation given in accordance with sub-paragraph (9B)
45must provide for that appointment to take effect when the person
ceases to hold the appointment as a Deputy Chamber President
(whether that is at the end of the fixed-term or earlier).”

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(4) In paragraph 5A (Chamber Presidents and Deputies: removal from office
and extension of appointment)—

(a) in the heading, omit “and extension of appointment”;

(b) omit sub-paragraphs (4) and (5).

5Part 6 Persons holding a fixed-term appointment and another office

Head of Division and Supreme Court judge: membership of Court of Appeal

9 In section 2 of the Senior Courts Act 1981 (the Court of Appeal), after
subsection (2) insert—

(2ZA) 10If (and for as long as) a judge of the Supreme Court is an ex-officio
judge of the Court of Appeal under subsection (2)(d), (e), (f), (g) or
(h), he or she is not also to be an ex-officio judge of that Court under
subsection (2)(c).”

Head of Division or Senior President of Tribunals: membership of Supreme Court

10 (1) 15The Constitutional Reform Act 2005 is amended as follows.

(2) In section 23 (the Supreme Court), after subsection (8) insert—

(9) But, in calculating the full-time equivalent number of judges of the Court,
a judge of the Supreme Court is not to be taken into account during—

(a) any period when he or she also holds a fixed-term appointment as a
20judge of the Senior Courts of England and Wales or as the Senior
President of Tribunals, and

(b) any period when, after ceasing to hold that fixed-term appointment,
the person continues to be a judge of the Supreme Court.

(10) In subsection (9) a reference to a fixed-term appointment—

(a) 25as a judge of the Senior Courts of England and Wales is a
reference to an appointment under section 10(1) of the Senior
Courts Act 1981 (Lord Chief Justice or Head of Division)
made on the terms allowed by section 10(1A) of that Act;

(b) as the Senior President of Tribunals is a reference to an
30appointment made on the terms allowed by paragraph
6(1)(a) of Schedule 1 to the Tribunals, Courts and
Enforcement Act 2007.”

(3) In section 34 (salaries and allowances), after subsection (6) insert—

(7) A judge of the Supreme Court is not entitled to any salary or
35allowance by virtue of this section in respect of any period when the
person also holds a fixed-term appointment as a judge of the Senior
Courts of England and Wales or as the Senior President of Tribunals
(as defined in section 23(10)).”

Senior President of Tribunals: membership of Court of Appeal

11 (1) 40The Senior Courts Act 1981 is amended as follows.

(2) In section 2 (the Court of Appeal), after subsection (8) (see paragraph 3

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above) insert—

(9) But, in calculating the full-time equivalent number of ordinary judges, an
ordinary judge of the Court of Appeal is not to be taken into account
during—

(a) 5any period when he or she also holds a fixed-term appointment as
the Senior President of Tribunals, and

(b) any period when, after ceasing to hold that fixed-term appointment,
the person continues to be an ordinary judge of the Court of Appeal.

(10) In subsection (9) a reference to a fixed-term appointment as the
10Senior President of Tribunals is a reference to an appointment made
on the terms allowed by paragraph 6(1)(a) of Schedule 1 to the
Tribunals, Courts and Enforcement Act 2007.”

(3) In section 12 (salaries etc of judges of Senior Courts), after subsection (7)
insert—

(8) 15An ordinary judge of the Court of Appeal is not entitled to any salary
or allowance by virtue of this section in respect of any period when
the person also holds a fixed-term appointment as the Senior
President of Tribunals (as defined in section 2(10)).”