Crime and Courts Bill (HL Bill 49)

(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) 5a ground specified in the person’s terms of
appointment.

(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
10expiry.

(5ZC) Extension 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) 15the ground of inability or misbehaviour, or

(ii) a 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
20appointed under this section is to hold and vacate office as a deputy
district 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
25section 109(5) of the Constitutional Reform Act 2005) to exercise the
Lord 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) 30In 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
Act 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) 35In subsection (1) (Lord Chancellor’s power of appointment) for “Lord
Chancellor” substitute “Lord Chief Justice”.

(3) In 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
40Justice may not appoint a person under subsection (1) without the
concurrence of the Lord Chancellor”.

(4) In 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
as a deputy district judge—

(a) only by the Lord Chancellor with the agreement of the Lord
5Chief Justice, and

(b) only on—

(i) the ground of inability or misbehaviour, or

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

(3B) 10Subject 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
before its expiry.

(3C) Extension under subsection (3B)—

(a) 15requires 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) a ground specified in the person’s terms of
20appointment.

(3D) Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a deputy
district judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
25determine.

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

(6) 30In 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
Act 1984 for “Section 8(1) and (3)” substitute “Section 8”.

35Deputy 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
Chancellor”, in the first place, substitute “Lord Chief Justice”.

(3) 40For 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
(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) 5a 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
10expiry.

(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) 15may 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
20first 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) 25The 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
30(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
35Chief Justice) 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 Lord Chief Justice, may
not make the appointment without the concurrence of the
40other of them.”

(3) In 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) 45For the title of Part 2 substitute “Court-related appointments”.

(3) The 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
5same column headings)—

• Person 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

• 10Deputy district judge appointed under section 8(1) of the County
  Courts 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
15that table, omit “by the Lord Chancellor”.

(6) In Table 1 of Part 2 omit the entry for the following former office—

• Justice of the Peace appointed under section 5 of the Justices of the
  Peace Act 1997

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

39 20The 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 In section 8(2) (functions which the Senior President of Tribunals may not
25delegate) for “under section 7(9)” substitute “under any of the following—

• section 7(7);

• section 7(9);

• paragraph 1(1) of Schedule 2;

• paragraph 2(1) of Schedule 2;

• 30paragraph 4(2B) and (2C)(c) of Schedule 2;

• paragraph 2(1) of Schedule 3;

• 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;

• 35paragraph 2 of Schedule 4;

• paragraph 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;

• 40paragraph 5A(4) and (5)(c) of Schedule 4.”

42 (1) Schedule 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
experience 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
5Chancellor” substitute “Senior President of Tribunals”.

(5) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
appointee 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
10is appointed on a fee-paid basis, the person may be removed from
office—

(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and

(b) only on—

(i) 15the ground of inability or misbehaviour, or

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

(2B) If the period (or extended period) for which the person is
appointed ends before—

(a) 20the 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,

25then, subject to sub-paragraph (2C), 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.

(2C) Extension under sub-paragraph (2B)—

(a) 30requires 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) 35a 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) for “sub-paragraph (2) (and” substitute “the preceding provisions of
40this 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
as follows.

(2) 45In 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 3(1) (removal from office) before the “or” at the end of
paragraph (b) insert—

“(ba) a person who is a deputy judge of the Upper Tribunal
(whether by appointment under paragraph 7(1) or as a
5result of provision under section 31(2)),”.

(4) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried
appointee 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
10is appointed on a fee-paid basis, the person may be removed from
office—

(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and

(b) only on—

(i) 15the ground of inability or misbehaviour, or

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

(2B) If the period (or extended period) for which the person is
appointed ends before—

(a) 20the 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,

25then, subject to sub-paragraph (2C), 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.

(2C) Extension under sub-paragraph (2B)—

(a) 30requires 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) 35a ground specified in the person’s terms of
appointment.”

(5) In 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
40this paragraph (but subject in the first place”, and

(b) after “appointment” insert “, which are to be such as the Lord
Chancellor may determine”.

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

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

(8) For paragraph 7(4) (person to hold and vacate office in accordance with
5terms of appointment) substitute—

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

(a) only by the Lord Chancellor (and in accordance with
paragraph 3), and

(b) only on—

(i) 10the ground of inability or misbehaviour, or

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

(3B) If the period (or extended period) for which the person is
appointed ends before—

(a) 15the 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,

20then, subject to sub-paragraph (3C), 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.

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

(a) 25requires 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) 30a ground specified in the person’s terms of
appointment.

(4) Subject 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
35Tribunal in accordance with the person’s terms of appointment,
which are to be such as the Lord Chancellor may determine.”

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

(2) In the italic headings before each of paragraphs 1 and 2 for “by Lord
40Chancellor” 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
of Tribunals before the Lord Chancellor” substitute “Senior President of
Tribunals must consult the Lord Chancellor before the Senior President of
45Tribunals”.

(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) In 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) 5In paragraph 2(5) (judge nominated must be appointed as Chamber
President) 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
10the first place”, and

(b) at 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”
15substitute “Senior President of Tribunals”.

(9) In 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
20“Senior President of Tribunals” substitute “Lord Chancellor”.

(11) In 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) 25In paragraph 5(8) (judge nominated must be appointed as Deputy Chamber
President) 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
30the first place”, and

(b) at 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) 35This paragraph applies to a person—

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

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

(2) 40If the terms of the person’s appointment provide that the person
is appointed otherwise than 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 the ground of inability or misbehaviour.

(3) 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) 5only 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
10appointment.

(4) 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
15the 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 (5), the Senior President of
Tribunals must extend the period of the person’s appointment
20(including a period already extended under this sub-paragraph)
before it ends.

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

(a) requires the person’s agreement,

(b) is to be for such period as the Lord Chancellor considers
25appropriate, 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.”

45 (1) 30Section 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,
35whether the Lord Chancellor or the Senior President of
Tribunals, may not make the appointment without the
concurrence 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
40Tribunals”.

(4) After subsection (5) insert—

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

(a) 45the Senior President of Tribunals’ function of concurring
under subsection (1)(b), or

(b) the 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) 5For the title of Part 3 substitute “Tribunal-related and other
appointments”.

(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
102 of that Part called “Appointments by the Senior President of Tribunals”
(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
  15appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to
  that 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
  20paragraph 2(1) of that Schedule

• Other 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

• 25Deputy Chamber President of a chamber of the First-tier Tribunal, or of
  a 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
30amended 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
35(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) 40In 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