Crime and Courts Bill (HL Bill 4)

(2) In the italic headings before each of paragraphs 1 and 2 for “by Lord
Chancellor” substitute “under section 7(7)”.

(3) In paragraph 2(1) (duty to consult before appointing senior court judge as
chamber president) for “Lord Chancellor must consult the Senior President
5of Tribunals before the Lord Chancellor” substitute “Senior President of
Tribunals must consult the Lord Chancellor before the Senior President of
Tribunals”.

(4) In paragraph 2(2) to (4) (which relate to the power under section 7(7)) for
“Lord Chancellor”, in each place, substitute “Senior President of Tribunals”.

(5) 10In paragraph 2 after sub-paragraph (4) insert—

“(4A) The Senior President of Tribunals may make a request under sub-
paragraph (2), (3) or (4) only with the Lord Chancellor’s
concurrence.”

(6) In paragraph 2(5) (judge nominated must be appointed as Chamber
15President) for “Lord Chancellor” substitute “Senior President of Tribunals”.

(7) In paragraph 3(1) (Chamber President to hold and vacate office in
accordance with terms of appointment)—

(a) for “(subject” substitute “but subject to paragraph 5A (and subject in
the first place”, and

(b) 20at the end insert “, and those terms are to be such as the Lord
Chancellor may determine.”

(8) In paragraph 5(1) (Lord Chancellor’s power to appoint Deputy Chamber
Presidents for the First-tier or Upper Tribunal) for “Lord Chancellor”
substitute “Senior President of Tribunals”.

(9) 25In paragraph 5(3) and (5) to (7) (which relate to the power under paragraph
5(1)) for “Lord Chancellor”, in each place, substitute “Senior President of
Tribunals”.

(10) In paragraph 5(3)(a) (duty to consult Senior President of Tribunals) for
“Senior President of Tribunals” substitute “Lord Chancellor”.

(11) 30In paragraph 5 after sub-paragraph (7) insert—

“(7A) The Senior President of Tribunals may make a request under sub-
paragraph (5), (6) or (7) only with the Lord Chancellor’s
concurrence.”

(12) In paragraph 5(8) (judge nominated must be appointed as Deputy Chamber
35President) for “Lord Chancellor” substitute “Senior President of Tribunals”.

(13) In paragraph 5(9) (Deputy Chamber President to hold and vacate office in
accordance with terms of appointment)—

(a) for “(subject” substitute “but subject to paragraph 5A (and subject in
the first place”, and

(b) 40at the end insert “, and those terms are to be such as the Lord
Chancellor may determine.”

(14) After paragraph 5 insert—

“Chamber Presidents and Deputies: removal from office and extension of appointment

5A (1) This paragraph applies to a person—

(a) appointed under section 7(6) or (7) as a Chamber
5President, or

(b) appointed under paragraph 5(1) or (2) as a Deputy
Chamber President of a chamber.

(2) If the terms of the person’s appointment provide that the person
is appointed otherwise than on a fee-paid basis, the person may be
10removed from office—

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

(b) only on the ground of inability or misbehaviour.

(3) If the terms of the person’s appointment provide that the person
15is appointed on a fee-paid basis, the person may be removed from
office—

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

(b) only on—

(i) 20the ground of inability or misbehaviour, or

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

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

(a) 25the 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
compulsory retirement date for the office concerned in the
person’s case,

30then, subject to sub-paragraph (5), the Senior President of
Tribunals must extend the period of the person’s appointment
(including a period already extended under this sub-paragraph)
before it ends.

(5) Extension under sub-paragraph (4)—

(a) 35requires the person’s agreement,

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

(c) may be refused on—

(i) the ground of inability or misbehaviour, or

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

45 (1) Section 94B of the Constitutional Reform Act 2005 (certain appointments by
Lord Chancellor not subject to section 85 but require concurrence of Senior
President of Tribunals) is amended as follows.

(2) For subsection (1)(b) (concurrence requirement) substitute—

“(b) the person who has the power to make the appointment,
whether the Lord Chancellor or the Senior President of
Tribunals, may not make the appointment without the
5concurrence of the other of them.”

(3) In subsection (2) (Lord Chancellor must also consult Lord Chief Justice in
certain cases) for “Lord Chancellor” substitute “Senior President of
Tribunals”.

(4) After subsection (5) insert—

“(6) 10Section 8(1) of the Tribunals, Courts and Enforcement Act 2007
(power of Senior President of Tribunals to delegate functions) does
not apply to—

(a) the Senior President of Tribunals’ function of concurring
under subsection (1)(b), or

(b) 15the Senior President of Tribunals’ function under subsection
(2).”

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

(2) For the title of Part 3 substitute “Tribunal-related and other
20appointments”.

(3) The table in Part 3 (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 3 to form Table
2 of that Part called “Appointments by the Senior President of Tribunals”
25(and with the same column headings)—

• Chamber President of a chamber of the First-tier Tribunal, or of a
  chamber of the Upper Tribunal, by appointment under section 7(7)
  of the Tribunals, Courts and Enforcement Act 2007, but not where
  appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to
  30that Act

• Judge of the First-tier Tribunal by appointment under paragraph 1(1) of
  Schedule 2 to that Act

• Other member of the First-tier Tribunal by appointment under
  paragraph 2(1) of that Schedule

• 35Other member of the Upper Tribunal by appointment under paragraph
  2(1) of Schedule 3 to that Act

• Deputy judge of the Upper Tribunal by appointment under paragraph
  7(1) of that Schedule

• Deputy Chamber President of a chamber of the First-tier Tribunal, or of
  40a chamber of the Upper Tribunal, but not where appointed in
  accordance with paragraph 5(5) to (8) of Schedule 4 to that Act

Appointments by Lord Chief Justice or Senior President of Tribunals: equalities provisions

47 (1) Section 50 of the Equality Act 2010 (public offices: appointments, etc) is
amended as follows.

(2) In subsection (2) (meaning of “public office”) after paragraph (c) insert—

“(d) an office or post, appointment to which is made by the Lord
Chief Justice or the Senior President of Tribunals.”

(3) In each of subsections (3) to (6), (9) and (11)(b) (offices within subsection
5(2)(a) or (b)) for “or (b)” substitute “, (b) or (d)”.

48 (1) Section 51 of the Equality Act 2010 (public offices: recommendations for
appointments, etc) is amended as follows.

(2) In subsections (1) to (4) (which apply to an office within section 50(2)(a) or
(b)) for “or (b)” substitute “, (b) or (d)”.

(3) 10In subsection (5) (interpretation) after “50(2)(a)” insert “or (d)”.

Certain deployments to the High Court to be made from pool of selected judges

49 In section 9 of the Senior Courts Act 1981 (which includes provision for
requesting certain judges to act as judges of other courts) after subsection
(2C) insert—

“(2CA) 15In the case of a request to a person within entry 5 or 6 in column 1 of
the Table to act as a judge of the High Court, the appropriate
authority may make the request only if the person is a member of the
pool for requests under subsection (1) to persons within that entry.”

Main change in selection process

50 (1) 20The Constitutional Reform Act 2005 is amended as follows.

(2) Omit—

(a) sections 71 to 75 (selection for appointment of Lord Chief Justice or
Head of Division),

(b) sections 75C to 75G (selection for appointment of Senior President of
25Tribunals),

(c) sections 80 to 84 (selection for appointment of ordinary judge of the
Court of Appeal),

(d) sections 89 to 93 (selection for appointment of puisne judge of the
High Court or to an office listed in Schedule 14), and

(e) 30section 96 (effect of acceptance of selection).

(3) Before section 95 (but after the italic heading preceding that section) insert—

“94C Selection process

(1) The Lord Chancellor must by regulations made with the agreement
of the Lord Chief Justice—

(a) 35make further provision about the process to be applied in a
case where the Commission receives a request under section
87;

(b) make further provision about—

(i) membership of selection panels appointed under
40section 70, 75B or 79, and

(ii) the process that is to be applied in a case where a
selection panel is required to be appointed under
section 70, 75B or 79;

(c) secure, subject to section 95 and any provision within
subsection (2)(d) that is included in the regulations, that in
every case referred to paragraph (a) or (b)(ii) there will come
a point in the process when a selection has to be accepted,
5either unconditionally or subject only to matters such as the
selected person’s willingness and availability, by or on behalf
of the appropriate authority.

(2) The regulations may in particular—

(a) provide for process additional to the selection process
10applied under section 70(2), 75B(2), 79(2) or 88(1), including
post-acceptance process;

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

(i) as part of the selection process applied under section
1570(2), 75B(2), 79(2) or 88(1), or

(ii) in determining what that process is to be;

(c) provide for selection on a request under section 87 to be from
among persons identified under section 94 in response to
advance notice of the request;

(d) 20provide for section 88(1)(c) not to apply where, or to the
extent that, the Commission decides that the selection
process applied under section 88(1) has not identified
candidates of sufficient merit for it to comply with section
88(1)(c);

(e) 25give functions to the Lord Chancellor, including—

(i) power to require a selection panel to reconsider a
selection under section 70(2), 75B(2) or 79(2) or any
subsequent selection,

(ii) power, in cases where the Lord Chancellor is not a
30member of the selection panel, to reject a selection
under section 70(2) or any subsequent selection,

(iii) power to reject a selection under section 75B(2) or
79(2) or any subsequent selection,

(iv) power to reject, or require the reconsideration of,
35initial or subsequent selections made on a request
under section 87, and

(v) power to require the reconsideration of a decision
mentioned in paragraph (d);

(f) give functions to the Lord Chief Justice in connection with
40selection for an office listed in Table 2 of Part 1 or 2 of
Schedule 14 or in connection with selection for membership
of a pool for requests under section 9(1) of the Senior Courts
Act 1981, including—

(i) power to reject, or require the reconsideration of,
45initial or subsequent selections made on a request
under section 87, and

(ii) power to require the reconsideration of a decision
mentioned in paragraph (d);

(g) give functions to the Senior President of Tribunals in
50connection with selection for an office listed in Table 3 of Part
1, or Table 2 of Part 3, of Schedule 14, including—

(i) power to reject, or require the reconsideration of,
initial or subsequent selections made on a request
under section 87, and

(ii) power to require the reconsideration of a decision
5mentioned in paragraph (d);

(h) make provision for or in connection with duties mentioned in
section 51 of the Equality Act 2010 being duties of the Lord
Chief Justice, or Senior President of Tribunals, in relation to
an office within Table 2 or 3 of Part 1 of Schedule 14;

(i) 10provide for particular action to be taken by the Commission
or a selection panel after the panel has complied with section
70, 75B or 79;

(j) provide for particular action to be taken by the Commission
after a selection has been made on a request under section 87;

(k) 15provide for the dissolution of a selection panel appointed
under section 70, 75B or 79;

(l) provide for a person to cease to be a member of such a panel
where the person’s membership of the panel ceases to
contribute to meeting a requirement about the panel’s
20members;

(m) provide for a person to become a member of such a panel
where another person ceases to be a member of the panel or
where another person’s membership of the panel ceases to
contribute to meeting a requirement about the panel’s
25members;

(n) make provision for or in connection with assessments,
whether pre-acceptance or post-acceptance, of the health of
persons selected;

(o) provide for the Lord Chief Justice to nominate a judicial office
30holder (as defined in section 109(4)) to exercise functions
given to the Lord Chief Justice by the regulations (including
functions, such as functions as a consultee, given otherwise
than in reliance on paragraph (f));

(p) make provision prohibiting or restricting delegation by the
35Senior President of Tribunals of functions given to the Senior
President of Tribunals by the regulations (including
functions, such as functions as a consultee, given otherwise
than in reliance on paragraph (g));

(q) make provision as to the meaning of “non-legally-qualified”
40and “judicial member” in sections 70, 75B and 79.

(3) Regulations under this section—

(a) may make different provision for different purposes;

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

(4) In subsection (1)(c) “the appropriate authority” means—

(a) 45the Lord Chancellor where the selection—

(i) is on a request under section 69 or 78,

(ii) relates to the office of Senior President of Tribunals or
puisne judge of the High Court, or

(iii) relates to an office listed in Table 1 of Part 1, 2 or 3 of
50Schedule 14;

(b) the Lord Chief Justice where the selection relates to an office
listed in Table 2 of Part 1 or 2 of that Schedule;

(c) the Senior President of Tribunals where the selection relates
to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of
5that Schedule.

(5) This section is subject to section 95.”

Other changes in relation to selection process and complaints

51 The Constitutional Reform Act 2005 is amended as follows.

52 In section 67 (sections 68 to 75 apply in relation to appointment of Lord Chief
10Justice or Head of Division)—

(a) in subsection (1) for “75” substitute “70”, and

(b) in subsection (2) for “96” substitute “94C and regulations made
under it”.

53 In section 69 (sections 70 to 75 apply where request made under section
1569)—

(a) in subsection (4) for “Sections 70 to 75 apply” substitute “Section 70
applies”, and

(b) in subsection (5) for “Those sections are” substitute “That section is”.

54 (1) Section 70 (process for selecting person to be recommended for appointment
20as Lord Chief Justice or Head of Division) is amended as follows.

(2) After subsection (1) insert—

“(1A) The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) 25at least two judicial members, and

(c) at least two members of the Commission,

and contributions to meeting more than one of the requirements may
be made by the same person’s membership of the panel.

(1C) If the panel is convened for the selection of a person to be
30recommended for appointment as Lord Chief Justice—

(a) its members may include the Lord Chancellor,

(b) it is to be chaired by one of its non-legally-qualified members,
and

(c) it may not be chaired by the Lord Chancellor.”

(3) 35In subsection (2)(a) (panel to determine selection process to be applied) after
“applied” insert “by it”.

(4) In subsection (4) (subsection (3) applies to selection under section 70 or 75)
for “section 75” substitute “regulations under section 94C”.

55 In section 75A (sections 75B to 75G apply where request made under
40paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act
2007)—

(a) in subsection (1) for “Sections 75B to 75G apply” substitute “Section
75B applies”, and

(b) in subsection (2) for “Those sections are” substitute “That section is”.

56 (1) Section 75B (process for selecting person to be recommended for
appointment as Senior President of Tribunals) is amended as follows.

(2) After subsection (1) insert—

“(1A) 5The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

(c) at least two members of the Commission,

10and contributions to meeting more than one of the requirements may
be made by the same person’s membership of the panel.”

(3) In subsection (2)(a) (panel to determine selection process to be applied) after
“applied” insert “by it”.

(4) In subsection (4) (subsection (3) applies to selection under section 75B or
1575G) for “section 75G” substitute “regulations under section 94C”.

57 In section 76 (sections 77 to 84 apply in relation to appointment of ordinary
judges of the Court of Appeal)—

(a) in subsection (1) for “84” substitute “79”, and

(b) in subsection (2) for “96” substitute “94C and regulations made
20under it”.

58 In section 78 (sections 79 to 84 apply where request made under section
78)—

(a) in subsection (4) for “Sections 79 to 84 apply” substitute “Section 79
applies”, and

(b) 25in subsection (5) for “Those sections are” substitute “That section is”.

59 (1) Section 79 (process for selecting person to be recommended for appointment
as ordinary judge of Court of Appeal) is amended as follows.

(2) After subsection (1) insert—

“(1A) The panel must have an odd number of members not less than five.

(1B) 30The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

(c) at least two members of the Commission,

and contributions to meeting more than one of the requirements may
35be made by the same person’s membership of the panel.”

(3) In subsection (2)(a) (panel to determine selection process to be applied) after
“applied” insert “by it”.

(4) In subsection (4) (subsection (3) applies to selection under section 79 or 84)
for “section 84” substitute “regulations under section 94C”.

60 (1) 40Section 85 (sections 86 to 93 apply in relation to appointment of puisne
judges of the High Court or to offices listed in Schedule 14) is amended as
follows.

(2) In subsection (1)—

(a) for “93” substitute “88”,

(b) in paragraph (c) before “Part 2 or 3” insert “Table 1 of”, and

(c) after paragraph (c) insert—

“(d) 5an appointment to an office listed in Table 2 of Part 2
of that Schedule in exercise of the Lord Chief Justice’s
function under the enactment listed opposite that
office;

(e) an appointment to an office listed in Table 2 of Part 3
10of that Schedule in exercise of the function of the
Senior President of Tribunals under the enactment
listed opposite that office.”

(3) In subsection (2) for “96” substitute “94C and regulations made under it”.

(4) After subsection (4) insert—

“(5) 15The Lord Chancellor may by order provide that this section does not
apply to appointments to an office listed in Schedule 14 that is
specified in the order.

(6) An office may not be specified in an order under subsection (5) if—

(a) the provisions governing appointment to the office provide
20that a person is eligible for appointment only where the
person satisfies the single condition specified in the
provisions, and

(b) that condition is one of the conditions listed in subsection (8).

(7) An office may not be specified in an order under subsection (5) if—

(a) 25the 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
several conditions specified in the provisions, and

(b) 30at 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
condition on an N-year basis (where N is a particular
35number);

(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
particular number of years’ standing;

(d) 40that 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) Before making an order under subsection (5) the Lord Chancellor
45must consult the Lord Chief Justice, the Lord President of the Court
of Session and the Lord Chief Justice of Northern Ireland.

(10) Regulations under subsection (5)—

(a) may make different provision for different purposes;

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

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

(2) 5After 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)
insert—

“(1A) The Lord Chancellor must, as soon as is reasonably practicable after
being informed by the Lord Chief Justice that a selection under this
10Chapter for a recommendation for an appointment to an office listed
in Table 2 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.

(1B) 15The Lord Chancellor must, as soon as is reasonably practicable after
being informed by the Senior President of Tribunals that a selection
under 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,
20make a recommendation of the selected person for an appointment
to that office.”

(3) In 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”.

(4) After that subsection insert—

“(2A) 25The 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
any vacancy in an office listed in Table 2 of Part 3 of that Schedule.”

(5) After subsection (3) insert—

“(4) 30Subsections (2A) and (2B) do not apply to a vacancy while the Lord
Chancellor agrees that it may remain unfilled.”

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

(2) After subsection (1) insert—

“(1A) 35The 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
only by selection on a request under this subsection.”

(3) In subsection (4) (sections 88 to 93 apply where request made under section
4087) for “Sections 88 to 93 apply” substitute “Section 88 applies”.

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

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

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