Crime and Courts Bill (HL Bill 4)

(d) the circumstances in which the Lord Chief Justice may
decline 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
5of Recorder’s appointment) for “Lord Chancellor”, in the first place,
substitute “Lord Chief Justice”.

(4) In 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
10agreement, decline to extend term on certain grounds)—

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

(b) omit paragraph (c) (specified circumstances apply).

(6) 15After that subsection insert—

“(4D) The Lord Chief Justice may decline to extend the term of a Recorder’s
appointment if one or more of the circumstances specified under
subsection (3)(d) in the Recorder’s appointment applies.”

(7) In subsection (5) (neither initial term nor extension under subsection (4) may
20extend appointment beyond judicial retirement age) for “(4)” substitute
“(4A)”.

(8) 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
25Recorder in accordance with the terms of the person’s appointment,
and 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
30section 109(5) of the Constitutional Reform Act 2005) to exercise
functions of the Lord Chief Justice under subsections (4) to (4D).”

(9) 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”.

31 35In section 89(4) of the Senior Courts Act 1981 (additional offices and duties
of Senior Master appointed under subsection (3)(a)) for “appointed under
subsection (3)(a)” substitute “of the Queen’s Bench Division”.

Deputy Circuit judges to be appointed by Lord Chief Justice

32 (1) Section 24 of the Courts Act 1971 (deputy Circuit judges and assistant
40Recorders) is amended as follows.

(2) In 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
Justice,” substitute “Lord Chief Justice may, with the concurrence of the
Lord Chancellor,”.

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

“(5A) A person may be removed from office as a deputy Circuit judge—

(a) 10only 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
15appointment.

(5B) Subject to subsections (1A) and (5C), the Lord Chief Justice must
extend the period of a person’s appointment as a deputy Circuit
judge (including a period already extended under this subsection)
before its expiry; and for this purpose a person appointed to be a
20deputy 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) requires the person’s agreement,

(b) is to be for such period as the Lord Chancellor thinks fit, and

(c) 25may be refused on—

(i) the ground of inability or misbehaviour, or

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

(5D) Subject to the preceding provisions of this section, a person
30appointed 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
determine.”

(6) In subsection (6) (Lord Chief Justice’s power to delegate under section
3524(1)(a))—

(a) for “judicial officer holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and

(b) after “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)
40(superseded amendment of section 24(1)(a) of the Courts Act 1971).

Deputy and temporary Masters etc to be appointed by Lord Chief Justice

33 (1) Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters,
Registrars 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
“or any other court or tribunal to which a person appointed under
5this 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
under subsection (1) without the concurrence of the Lord
10Chancellor.”

(4) After subsection (6) (remuneration) insert—

“(6A) A person appointed under subsection (1) may be removed from
office—

(a) only by the Lord Chancellor with the agreement of the Lord
15Chief Justice, and

(b) only on—

(i) the ground of inability or misbehaviour, or

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

(6B) 20Subject 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)
to act under this section on certain occasions is to be treated as
25having been appointed for a period that expires when the occasions
end.

(6C) Extension under subsection (6B)—

(a) requires the person’s agreement,

(b) is to be for such period as the Lord Chancellor thinks fit, and

(c) 30may 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
35first 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
be such as the Lord Chancellor may determine.”

(5) In subsection (7) (delegation of functions by Lord Chief Justice)—

(a) 40for “judicial officer 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
(6C)(c)”.

(6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
45(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
Tribunals, 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

34 (1) 5Section 102 of the Senior Courts Act 1981 (deputy district judges for the High
Court) is amended as follows.

(2) In 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
10“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.

(3) In 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
15not appoint a person under subsection (1) without the concurrence of the
Lord Chancellor”.

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

“(5ZA) A person appointed under this section may be removed from office
as a deputy district judge—

(a) 20only 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
25appointment.

(5ZB) Subject to subsection (5ZC), 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.

(5ZC) 30Extension under subsection (5ZB)—

(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) 35a ground specified in the person’s terms of
appointment.

(5ZD) 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 this section is to hold and vacate office as a deputy
40district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.

(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
45Lord Chief Justice’s functions under subsection (1), (5ZA)(a), (5ZB)
or (5ZC)(c).”

(5) In 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
5Act 1981 for “Section 102(1)” substitute “Section 102”.

35 (1) Section 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) 10In subsection (1ZB) (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) 15In subsection (1A) (ages beyond which appointments may not extend) in
each 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
20as a deputy district judge—

(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) 25a ground specified in the person’s terms of
appointment.

(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
30before its expiry.

(3C) Extension 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) 35the ground of inability or misbehaviour, or

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

(3D) Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a deputy
40district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.

(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
45Lord Chief Justice’s functions under subsection (1), (3A)(a), (3B) or
(3C)(c).”

(6) In 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
5Act 1984 for “Section 8(1) and (3)” substitute “Section 8”.

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

36 (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
10Chancellor”, in the first place, substitute “Lord Chief Justice”.

(3) For 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
15(Magistrates’ Courts)—

(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) 20a ground specified in the person’s terms of
appointment.

(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
25expiry.

(4B) Extension under subsection (4A)—

(a) requires the person’s agreement,

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

(c) 30may be refused on—

(i) the 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
35first 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 (Magistrates’ Courts) in accordance with the terms of
the person’s appointment, which are to be such as the Lord
Chancellor may determine.

(4D) 40The 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), (4)(a), (4A) or
(4B)(c).”

(4) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
45(protected functions of Lord Chancellor) in the entries for the Courts Act
2003 at the appropriate place insert “Section 24”.

Transfer of appointment powers to Lord Chief Justice: further provisions

37 (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”.

38 (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

• Deputy District Judge (Magistrates’ Courts) appointed under section
  24(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”.

30Senior President of Tribunals to make certain appointments to First-tier and Upper Tribunals

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

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

41 35In 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 1(1) of Schedule 2;

• 40paragraph 1(2)(d) of Schedule 2;

• paragraph 2(1) of Schedule 2;

• paragraph 4(2B) and (2C)(c) of Schedule 2;

• paragraph 1(2)(d) of Schedule 3;

• paragraph 2(1) of Schedule 3;

Crime and Courts BillPage 187

• 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;

• 5paragraph 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.”

42 (1) 10Schedule 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
15experience 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
20appointee 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) 25only 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
30appointment.

(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
35the 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
40(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
45appropriate, 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) In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate
office in accordance with terms of appointment)—

(a) 5for “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
Chancellor may determine”.

43 (1) Schedule 3 (judges and other members of the Upper Tribunal) is amended
10as 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
Tribunals”.

(3) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
15appointee 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) 20only 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
25appointment.

(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
30the 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
35(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
40appropriate, 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.”

(4) 45In 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
Chancellor may determine”.

(5) 5In paragraph 7(1) (Lord Chancellor may appoint deputy judge of the Upper
Tribunal for such period as the Lord Chancellor considers appropriate) for
“Lord Chancellor”, in the first place, substitute “Senior President of
Tribunals”.

(6) In paragraph 7(3) (persons to whom paragraph 7(4) and (5) apply) for “Sub-
10paragraphs (4) and (5)” substitute “The following provisions of this
paragraph”.

(7) For paragraph 7(4) (person to hold and vacate office in accordance with
terms of appointment) substitute—

“(3A) The person may be removed from office—

(a) 15only by the Lord Chancellor with the concurrence of the
Senior President of Tribunals, and

(b) only on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person’s terms of
20appointment.

(3B) 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
25the 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 (3C), the Senior President of
Tribunals must extend the period of the person’s appointment
30(including a period already extended under this sub-paragraph)
before it ends.

(3C) Extension under sub-paragraph (3B)—

(a) requires the person’s agreement,

(b) is to be for such period as the Lord Chancellor considers
35appropriate, 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.

(4) 40Subject to the previous provisions of this paragraph (but subject in
the first place to the Judicial Pensions and Retirement Act 1993), a
person is to hold and vacate office as a deputy judge of the Upper
Tribunal in accordance with the person’s terms of appointment,
which are to be such as the Lord Chancellor may determine.”

44 (1) 45Schedule 4 (chambers, and chamber presidents, for the First-tier Tribunal or
the Upper Tribunal) is amended as follows.