Crime and Courts Bill (HL Bill 4)

(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
appointment” substitute “, appointment or pool membership”, and

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

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

“94 10Power 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
suitable for selection on the request.

(2) 15The 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) make provision as to things that are, or as to things that are
20not, 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.

(4) Regulations under this section—

(a) 25may make different provision for different purposes;

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

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

(2) 30In 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
additional office-holder, having been filled or partly filled by
change in the amount of time required to be devoted to the
35duties 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
Chancellor may withdraw or modify it after consulting the
Lord Chief Justice;”.

(4) 40In subsection (2)(c) (withdrawal of request where selection process
unsatisfactory)—

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

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

(5) 45In 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
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
5reconsideration of selection) for the words after “if” substitute “a selection
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
1094C, has been rejected or required to be reconsidered.”

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) 15An LCJ complaint is a complaint by a qualifying complainant of
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
201 or 2 of Schedule 14,

(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,

25or 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
section 9(1) of that Act.

(3B) An SPT complaint is a complaint by a qualifying complainant of
30maladministration 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) 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) 35appointment to an office listed in Table 2 of Part 3 of that
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
40any 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
Tribunals.”

69 (1) Section 101 (complaints to the Judicial Conduct and Appointments
45Ombudsman) 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

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
5Justice or the Senior President of Tribunals”.

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) 10in subsection (4) (compensation not to be recommended for failure to
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) 15The Ombudsman must submit a draft of the report to the Lord
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) 20the Senior President of Tribunals if the complaint was an SPT
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) 25After subsection (5) insert—

“(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
30the report in duplicate to the Lord Chancellor and the Senior
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) 35In subsection (1) (duty to investigate matter referred by Lord Chancellor)
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 40In section 105 (provision of information to Ombudsman) after “The
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) 45an order under section 85(5);

(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) 5the Crime and Courts Act 2012, or

(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 10Abolition of office of assistant Recorder

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) 15in 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) 20omit “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) 25in 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) 30in 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
3571(2)(d),

(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

SCHEDULE 13 Deployment of the judiciary

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

5Requests for assistance under section 9(1) of the Senior Courts Act 1981

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

(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
20any entry in column 1 of the Table other than entry 4A.

(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) 25is 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,

(c) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(d) 30is a deputy judge of the Upper Tribunal (whether under
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
35be 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) omit “or Recorder”, and

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

(8) 40For 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
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
5of 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) 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
10High 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
Recorder” substitute “, Recorder or person within subsection (1ZB)”.

Deputy judges of the High Court

2 (1) 15Section 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
facilitate disposal of business in the High Court or Crown Court) after
“Crown Court” insert “or any other court or tribunal to which persons
20appointed 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
Court—

(a) only by the Lord Chancellor with the agreement of the Lord
25Chief Justice, and

(b) only on—

(i) the ground of inability or misbehaviour, or

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

(8B) 30Subject 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
person’s appointment, which are to be such as the Lord Chancellor
may determine.”

(4) 35In subsection (9) (Lord Chief Justice’s power to delegate functions under
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
40(Judicial Appointments Commission: offices to which appointment made by
Lord Chancellor) before the first entry insert—

(2) If the provisions in Schedule 12 to this Act that split the table in Part 2 of
45Schedule 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 Deployment of judges to the Crown Court

4 (1) 50Section 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),”.

(3) In subsection (1)(c) after “Recorder” insert “, judge within subsection (5)”.

(4) 55After 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
chamber of the Upper Tribunal or of a chamber of the First-
60tier 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,

(d) is a transferred-in judge of the Upper Tribunal (see section
6531(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—

(i) in the first column of the table in section 89(3C) of the
70Senior 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),

(g) is a district judge (which, by virtue of section 8(1C) of the
75County 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,

(i) is a judge of the First-tier Tribunal by virtue of appointment
80under 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

(k) is a member of a panel of chairmen of employment tribunals
85established for England and Wales.”

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) 5In subsection (2) after paragraph (a) insert—

“(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) 10Chamber President, or Deputy Chamber President, of a
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
15Enforcement Act 2007;

(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) 20office listed—

(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
25Court Masters etc);

(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
30Senior Courts Act 1981;

(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
3531(2) of that Act);

(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
40(Magistrates’ Courts) may have to act in a court or tribunal that is not
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.

7 In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—

“(ca) is within section 6A,”.

8 (1) Section 6(1) (certain judges who are also judges of the First-tier Tribunal and
the Upper Tribunal) is amended as follows.

(2) 5Before paragraph (a) insert—

“(za) is the Lord Chief Justice of England and Wales,

(zb) is the Master of the Rolls,

(zc) is the President of the Queen’s Bench Division of the High
Court in England and Wales,

(zd) 10is the President of the Family Division of the High Court in
England and Wales,

(ze) is the Chancellor of the High Court in England and Wales,”.

(3) After paragraph (d) insert—

“(da) is a deputy judge of the High Court in England and Wales,

(db) 15is the Judge Advocate General,”.

9 After section 6 insert—

“6A Certain judges who are also judges of the First-tier Tribunal

A person is within this section (and so, by virtue of section 4(1)(ca),
is a judge of the First-tier Tribunal) if the person—

(a) 20is a deputy Circuit judge,

(b) is a Recorder,

(c) is a person who holds an office listed—

(i) in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
25etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),

(d) is a deputy district judge appointed under section 102 of that
Act or section 8 of the County Courts Act 1984,

(e) 30is a Deputy District Judge (Magistrates’ Courts), or

(f) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General).”

Part 5 35Deployment of judges to the Employment Appeal Tribunal

10 (1) Section 22 of the Employment Tribunals Act 1996 (membership of
Employment Appeal Tribunal) is amended as follows.

(2) In subsection (1)(a) (judges drawn from the judges of the High Court, or
Court of Appeal, in England and Wales) after “Court of Appeal” insert “and
40the judges within subsection (2A)”.

(3) After subsection (2) insert—

“(2A) A person is a judge within this subsection if the person—

(a) is the Senior President of Tribunals,

(b) is a deputy judge of the High Court,

(c) is the Judge Advocate General,

(d) is a Circuit judge,

(e) is a Chamber President, or a Deputy Chamber President, of a
5chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(f) 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,

(g) 10is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(h) is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3, or section 31(2), of that Act),

(i) is a district judge, which here does not include a deputy
15district judge, or

(j) is a District Judge (Magistrates’ Courts), which here does not
include a Deputy District Judge (Magistrates’ Courts).”

(4) In subsection (4) (judge’s consent required to nomination to Appeal
Tribunal) after “Appeal Tribunal” insert “under subsection (1)(b)”.

20Part 6 Deployment of judges to the employment tribunals

11 (1) Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is
amended as follows.

(2) In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection
25(3))” insert “except where the relevant judge is the Lord Chief Justice of
England and Wales”.

(3) In subsection (3)(a) (consent required for deployment of judges of courts in
England and Wales)—

(a) in sub-paragraph (i) at the beginning insert “the Master of the Rolls
30or”,

(b) after sub-paragraph (i) insert—

“(ia) within subsection (4)(b)(ia),”, and

(c) omit the “or” after sub-paragraph (iv), and after sub-paragraph (v)
insert “, or

(vi) 35within subsection (4)(b)(x) to (xvi);”.

(4) In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-
paragraph (v), and after paragraph (vi) insert “, or

(vii) is the Senior President of Tribunals;”.

(5) In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert
40“the Lord Chief Justice of England and Wales, the Master of the Rolls or”.

(6) In subsection (4)(b) after sub-paragraph (i) insert—

“(ia) is the President of the Queen’s Bench Division or
Family Division, or the Chancellor, of the High Court
in England and Wales,”.

(7) 45In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after

sub-paragraph (ix) insert—

“(x) is a deputy judge of the High Court in England and
Wales,

(xi) is a Recorder,

(xii) 5is a Deputy District Judge (Magistrates’ Courts),

(xiii) is a deputy district judge appointed under section 8 of
the County Courts Act 1984 or section 102 of the
Senior Courts Act 1981,

(xiv) holds an office listed in the first column of the table in
10section 89(3C) of the Senior Courts Act 1981 (senior
High Court Masters etc),

(xv) holds an office listed in column 1 of Part 2 of Schedule
2 to that Act (High Court Masters etc), or

(xvi) is the Judge Advocate General or a person appointed
15under section 30(1)(a) or (b) of the Courts-Martial
(Appeals) Act 1951 (assistants to the Judge Advocate
General).”

Section 26

SCHEDULE 14 Powers of immigration officers: further provision

20Part 1 General

Police Act 1997

1 The Police Act 1997 is amended as follows.

2 (1) Section 93 (authorisations to interfere with property etc) is amended in
25accordance with this paragraph.

(2) In subsection (1B), after “Customs” insert “, an immigration officer”.

(3) In subsection (3)—

(a) in paragraph (d), omit the final “or”;

(b) after paragraph (d) insert—

“(da) 30if the authorising officer is within subsection (5)(ha),
by an immigration officer;”.

(4) In subsection (4)—

(a) in the words after paragraph (b), for “it” substitute “the conduct”;

(b) after “1979” insert “or, where the authorising officer is within
35subsection (5)(ha), any of the offences is an immigration or
nationality offence”.

(5) In subsection (5)(h), omit “or”.

(6) After subsection (6B), insert—

“(6C) For the purposes of this section, an offence is an immigration or
40nationality offence if conduct constituting the offence—