Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
199

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In subsection (4) (request may not be withdrawn on ground of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
66
In section 97(1) (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) omit paragraphs (c) and (e).
67    (1)
In section 99 (judicial appointments: complaints) after subsection (3) insert—
“(3A)
An LCJ complaint is a complaint by a qualifying complainant of
15
maladministration by the Lord Chief Justice or the Lord Chief
Justice’s nominee, or anyone acting on behalf of either of them, in
connection with—
(a)
selection under this Part for an office listed in Table 2 of Part
1 or 2 of Schedule 14,
20
(b)
appointment to an office listed in Table 2 of Part 2 of that
Schedule, or
(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
25
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
30
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
35
Schedule.”
68
In section 100 (duty to make arrangements to investigate complaints) after
subsection (2) insert—
“(2A)
The Lord Chief Justice must make arrangements for investigating
any LCJ complaint made to the Lord Chief Justice.
40
(2B)
The Senior President of Tribunals must make arrangements for
investigating any SPT complaint made to the Senior President of
Tribunals.”
69    (1)
Section 101 (complaints to the Judicial Conduct and Appointments
Ombudsman) is amended as follows.
45
      (2)
In subsections (1)(a) and (4)(a) (investigation of complaints previously made
to Judicial Appointments Commission or Lord Chancellor) for “or the Lord

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor
200

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 Chancellors’ decision”
substitute “decision of the Commission, the Lord Chancellor, the Lord Chief
Justice or the Senior President of Tribunals”.
5
70
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
or the Senior President of Tribunals”, and
(b)
in subsection (4) (compensation not to be recommended for failure to
10
be appointed to an office) after “office” insert “, or selected for
membership of a pool,”.
71    (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
15
Chancellor and to—
(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
20
complaint.”
      (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—
25
“(5A)
If 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
30
President of Tribunals.”
72    (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)
35
after “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”.
73
In section 105 (provision of information to Ombudsman) after “The
40
Commission” insert “, the Lord Chief Justice, the Senior President of
Tribunals”.
74
In section 144(5) (orders and regulations subject to affirmative procedure)
after paragraph (a) insert—
“(aa)
an order under section 85(5);
45

Crime and Courts Bill [HL]
Schedule 12 — Judicial appointments
Part 5 — Abolition of office of assistant Recorder
201

(ab)
regulations under section 94 or 94C;”.
75
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 2012, or
5
(b)
any earlier or later enactment”.
76
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
Abolition of office of assistant Recorder
10
77    (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)
in subsection (1A) of that section (duration of appointments)—
15
(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)
omit “or assistant Recorder”, and
20
(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)
in the title of that section omit “and assistant Recorders”,
25
(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)
in section 9(4) of the Senior Courts Act 1981 omit “and assistant
30
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
71(2)(d),
35
(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).

Crime and Courts Bill [HL]
Schedule 13 — Deployment of the judiciary
Part 1 — Deployment under section 9 of the Senior Courts Act 1981
202

Schedule 13
Section 19

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
5
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
Appeal, or has been a puisne judge of the High Court, may be asked to act
10
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

Tribunals.
High Court.”

15
      (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.
20
(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-
tier Tribunal,
(b)
is a judge of the Upper Tribunal by virtue of appointment
25
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
31(2) of that Act),
(d)
is a deputy judge of the Upper Tribunal (whether under
30
paragraph 7 of Schedule 3, or section 31(2), of that Act), or
(e)
is the President of Employment Tribunals (England and
Wales).”
      (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,”.
35
      (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”.
      (8)
For subsection (3) (certain requests under subsection (1) must be complied
40

Crime and Courts Bill [HL]
Schedule 13 — Deployment of the judiciary
Part 1 — Deployment under section 9 of the Senior Courts Act 1981
203

with) substitute—
“(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
of Appeal,
5
(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
High Court, or Court of Appeal, in Northern Ireland.”
10
      (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)”.
Deputy judges of the High Court
2     (1)
Section 9 of the Senior Courts Act 1981 (which includes provision about the
15
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
“Crown Court” insert “or any other court or tribunal to which persons
appointed under this subsection may be deployed”.
20
      (3)
After subsection (8) (remuneration) insert—
“(8A)
A person may be removed from office as a deputy judge of the High
Court—
(a)
only by the Lord Chancellor with the agreement of the Lord
Chief Justice, and
25
(b)
only on—
(i)
the ground of inability or misbehaviour, or
(ii)
a ground specified in the person’s terms of
appointment.
(8B)
Subject to the preceding provisions of this section, a person
30
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
may determine.”
      (4)
In subsection (9) (Lord Chief Justice’s power to delegate functions under
35
subsection (4)) 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 1 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005
(Judicial Appointments Commission: offices to which appointment made by
40
Lord Chancellor) before the first entry insert—

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

Court
Courts Act 1981”

Crime and Courts Bill [HL]
Schedule 13 — Deployment of the judiciary
Part 2 — Deployment of judges to the Crown Court
204

      (2)
If the provisions in Schedule 12 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
at the time when sub-paragraph (1) comes into force, sub-paragraph (1) has
effect with the omission of “Table 1 of”.
Part 2
5
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
subsection (5),”.
10
      (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,
(b)
is a Chamber President, or a Deputy Chamber President, of a
15
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
and Enforcement Act 2007,
20
(d)
is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),
(e)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3, or section 31(2), of that Act),
(f)
holds an office listed—
25
(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),
30
(g)
is a district judge (which, by virtue of section 8(1C) of the
County Courts Act 1984, here includes a deputy district judge
appointed under section 8 of that Act),
(h)
is a deputy district judge appointed under section 102 of the
Senior Courts Act 1981,
35
(i)
is a 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,
(j)
is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or
40
(k)
is a member of a panel of chairmen of employment tribunals
established for England and Wales.”

Crime and Courts Bill [HL]
Schedule 13 — Deployment of the judiciary
Part 4 — Deployment of judges to the First-tier Tribunal and the Upper Tribunal
205

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—
5
“(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
10
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;
15
(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, or section 31(2), of that Act);
(j)
office listed—
20
(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);
25
(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);
(l)
deputy district judge appointed under section 102 of the
Senior Courts Act 1981;
30
(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;
(n)
transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act);
35
(o)
member of a panel of chairmen of employment tribunals
established for England and Wales.”
      (4)
After subsection (6) insert—
“(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
40
a magistrates’ court.”
Part 4
Deployment of judges to the First-tier Tribunal and the Upper Tribunal
6
The Tribunals, Courts and Enforcement Act 2007 is amended as follows.