Crime and Courts Bill (HL Bill 49)

Part 5 Abolition 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
5Recorders).

(2) In consequence of that repeal—

(a) in subsection (1A) of that section (duration of appointments)—

(i) omit “in the case of appointment as a deputy Circuit judge,”,
and

(ii) 10omit the words after “seventy-five”,

(b) in subsection (2) of that section—

(i) omit “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
15such judges”,

(d) in subsection (5) of that section omit “and assistant Recorders”,

(e) in 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) 20in Schedule 7 to the Judicial Pensions and Retirement Act 1993 omit
paragraph 5(5)(ii),

(h) in section 9(4) of the Senior Courts Act 1981 omit “and assistant
Recorders”,

(i) in section 64(2) of the Courts Act 2003 omit the entry for Assistant
25Recorder,

(j) in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph
71(2)(d),

(k) in Part 2 of Schedule 14 to that Act omit the entry for Assistant
Recorder, and

(l) 30in Schedule 10 to the Tribunals, Courts and Enforcement Act 2007
omit paragraph 9(4).

Section 19

SCHEDULE 13 Deployment of the judiciary

Part 1 35Deployment under section 9 of the Senior Courts Act 1981

Requests 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
402 of each of entries 2 and 4 (person who has been a judge of the Court of
Appeal, or has been a puisne judge of the High Court, may be asked to act

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
10any 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) 15is 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) 20is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or

(e) is the President of Employment Tribunals (England and
Wales) or the President of Employment Tribunals
(Scotland).”

(6) 25In subsection (2B) (requests under certain entries in table in subsection (1) to
be 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) 30for “High Court” substitute “Court of Appeal”.

(8) For 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) 35a request made to a person who has been a judge of the Court
of 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
40holder of that office is a judge of the Court of Session or of the
High 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) Section 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
5facilitate disposal of business in the High Court or Crown Court) after
“Crown Court” insert “or any other court or tribunal to which persons
appointed under this subsection may be deployed”.

(3) After subsection (8) (remuneration) insert—

“(8A) A person may be removed from office as a deputy judge of the High
10Court—

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

(8B) Subject 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
20person’s appointment, which are to be such as the Lord Chancellor
may determine.”

(4) In subsection (9) (Lord Chief Justice’s power to delegate functions under
subsection (4)) for “his functions under subsection (4)” substitute “functions
of the Lord Chief Justice under this section”.

(5) 25In the title omit the words after “business”.

3 (1) In Table 2 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005
(Judicial Appointments Commission: offices to which appointment made by
Lord Chief Justice) before the first entry insert—

(2) If the provisions in Schedule 12 to this Act that split the table in Part 2 of
Schedule 14 to the 2005 Act into two tables do not come into force before or
at the time when sub-paragraph (1) comes into force—

(a) sub-paragraph (1) has effect with the omission of “Table 2 of”, and

(b) 35paragraph 38 of Schedule 12 has effect—

(i) as if a reference to the office of deputy judge of the High
Court were inserted at the beginning of the list in sub-
paragraph (4) of that paragraph, and

(ii) as if “second” were substituted for “first” in sub-paragraph
40(5) of that paragraph.

(3) After section 94A of the 2005 Act (appointments not subject to section 85:

courts) insert—

“94AA Appointments not subject to section 85: High Court deputy judge

(1) Where this section applies to an appointment, section 85 does not
apply.

(2) 5This section applies to the appointment of a person as a deputy judge
of the High Court if it appears to the Lord Chief Justice, after
consulting the Lord Chancellor, that—

(a) there is an urgent need to take steps in order to facilitate the
disposal of particular business in the High Court or Crown
10Court,

(b) it is expedient as a temporary measure to make the
appointment in order to facilitate the disposal of the business,
and

(c) there are no other reasonable steps that it is practicable to
15take within the time available in order to facilitate the
disposal of the business.

(3) An appointment to which this section applies is to be made—

(a) so as not to extend beyond the day on which the particular
business concerned is concluded, or

(b) 20so as not to extend beyond the later of—

(i) the day on which the business is concluded, or

(ii) the day expected when the appointment is made to be
the day on which the business is concluded.”

(4) In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.

25Part 2 Deployment of judges to the Crown Court

4 (1) Section 8 of the Senior Courts Act 1981 (persons by whom jurisdiction of the
Crown Court is exercisable) is amended as follows.

(2) In subsections (1)(b) and (3) after “Recorder,” insert “judge within
30subsection (5),”.

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

(4) After subsection (4) insert—

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

(a) is the Senior President of Tribunals,

(b) 35is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(c) is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
40and Enforcement Act 2007,

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

(e) is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, 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
Senior Courts Act 1981 (senior High Court Masters
etc), or

(ii) 5in 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
County Courts Act 1984, here includes a deputy district judge
appointed under section 8 of that Act),

(h) 10is 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
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,

(j) 15is 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 Employment Judges established for
England and Wales or for Scotland.”

Part 3 20Deployment of judges to the magistrates’ courts

5 (1) Section 66 of the Courts Act 2003 (judges who have powers of justice of the
peace who is a District Judge (Magistrates’ Courts)) is amended as follows.

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

“(aa) Master of the Rolls;

(ab) 25ordinary judge of the Court of Appeal;

(ac) Senior President of Tribunals;”.

(3) In subsection (2) after paragraph (e) insert—

“(f) Chamber President, or Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
30tier Tribunal;

(g) judge of the Upper Tribunal by virtue of appointment under
paragraph 1(1) of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007;

(h) transferred-in judge of the Upper Tribunal (see section 31(2)
35of that Act);

(i) deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j) office listed—

(i) in the first column of the table in section 89(3C) of the
40Senior 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);

(k) district judge (which, by virtue of section 8(1C) of the County
45Courts Act 1984, here includes deputy district judge
appointed under section 8 of that Act);

(l) deputy district judge appointed under section 102 of the
Senior Courts Act 1981;

(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
531(2) of that Act);

(o) member of a panel of Employment Judges established for
England and Wales or for Scotland.”

(4) After subsection (6) insert—

“(7) This section does not give a person any powers that a District Judge
10(Magistrates’ Courts) may have to act in a court or tribunal that is not
a magistrates’ court.”

Part 4 Deployment of judges to the Court of Protection

6 (1) Section 46 of the Mental Capacity Act 2005 (judges of the Court of
15Protection) is amended as follows.

(2) In subsection (2) (persons who may be nominated as court’s judges) omit the
“or” at the end of paragraph (d) and, after paragraph (e), insert “,

(f) a District Judge (Magistrates’ Courts),

(g) a judge of the First-tier Tribunal, or of the Upper Tribunal, by
20virtue of appointment under paragraph 1(1) of Schedule 2 or
3 to the Tribunals, Courts and Enforcement Act 2007,

(h) a transferred-in judge of the First-tier Tribunal or of the
Upper Tribunal (see section 31(2) of that Act),

(i) a deputy judge of the Upper Tribunal (whether under
25paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

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

(k) the Judge Advocate General,

(l) 30a Recorder,

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

(n) a holder of an office listed in column 1 of Part 2 of Schedule 2
35to that Act (High Court Masters etc),

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

(p) a member of a panel of Employment Judges established for
England and Wales or for Scotland,

(q) 40a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),

(r) a deputy judge of the High Court,

(s) the Senior President of Tribunals,

(t) 45an ordinary judge of the Court of Appeal (including the vice-
president, if any, of either division of that court),

(u) the President of the Queen’s Bench Division,

(v) the Master of the Rolls, or

(w) the Lord Chief Justice.”

(3) In subsection (2)(b) for “Vice-Chancellor” substitute “Chancellor of the High
Court”.

(4) 5In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be
appointed senior judge of the court) for “or (e)” substitute “to (q)”.

(5) In section 4(5)(f) of the Human Rights Act 1998 (things done by certain
judges in Court of Protection) for “Vice-Chancellor” substitute “Chancellor
of the High Court”.

10Part 5 Deployment of judges to the First-tier Tribunal and the Upper Tribunal

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

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

“(ca) is within section 6A,”.

9 (1) 15Section 6(1) (certain judges who are also judges of the First-tier Tribunal and
the Upper Tribunal) is amended as follows.

(2) Before paragraph (a) insert—

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

(zb) is the Master of the Rolls,

(zc) 20is the President of the Queen’s Bench Division of the High
Court in England and Wales,

(zd) is 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) 25After paragraph (d) insert—

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

(db) is the Judge Advocate General,”.

10 After section 6 insert—

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

30A 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) is a deputy Circuit judge,

(b) is a Recorder,

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

(i) 35in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
etc), or

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

(d) 40is a deputy district judge appointed under section 102 of that
Act or section 8 of the County Courts Act 1984,

(e) is 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 6 5Deployment of judges to the Employment Appeal Tribunal

11 (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
10the 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) 15is the Judge Advocate General,

(d) is a Circuit judge,

(e) 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,

(f) 20is 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) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(h) 25is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

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

(j) is a District Judge (Magistrates’ Courts), which here does not
30include 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)”.

Part 7 Deployment of judges to the employment tribunals

12 (1) 35Section 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
(3))” insert “except where the relevant judge is the Lord Chief Justice of
England and Wales”.

(3) 40In 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
or”,

(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) 5within 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
10“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) 15In 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) 20is 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
25section 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
30under section 30(1)(a) or (b) of the Courts-Martial
(Appeals) Act 1951 (assistants to the Judge Advocate
General).”

Part 8 Amendments following renaming of chairmen of employment tribunals

13 (1) 35In the following provisions for “chairmen”, or for “chairmen of employment
tribunals”, substitute “Employment Judges”—

• Constitutional Reform Act 2005: section 3(7B)(d) and (e),

• Courts Act 1971: Part 1A of Schedule 2,

• Courts and Legal Services Act 1990: Schedule 11,

• 40Employment Tribunals Act 1996: sections 3A, 5A, 5B(4), 5D(2)(e) and
  7B(6),

• Judicial Pensions Act 1981: section 12(1)(c),

• Judicial Pensions and Retirement Act 1993: section 26(12A)(i), and

• Tribunals, Courts and Enforcement Act 2007: sections 4(1)(e) and (3)(d)
  45and 47(5)(c)(iii), paragraph 12(1)(c) of Schedule 1 and paragraph
  7(1)(a) of Schedule 2.

(2) In the following provisions for “chairman of employment tribunals”
substitute “Employment Judge”—

• Constitutional Reform Act 2005: Part 3 of Schedule 14, in both places,

• Tribunals, Courts and Enforcement Act 2007: paragraph 6(1)(e) and
  5(4)(b) of Schedule 7, and

• Judicial Pensions and Retirement Act 1993: Schedules 1 and 5.

(3) In sections 10(4) and 30(2B)(b) of the Employment Tribunals Act 1996 for
“Chairman” substitute “Employment Judge”.

(4) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
10for “or member of a panel of persons appointed to act as chairmen or other
members of employment tribunals” substitute “Employment Judge, or
member of a panel of members of employment tribunals that is not a panel
of Employment Judges”.

(5) In paragraph 5(2)(g) and (5)(vii) of Schedule 7 to the Judicial Pensions and
15Retirement Act 1993 before “chairman” insert “Employment Judge, before 3
November 2008 called”.

Section 28

SCHEDULE 14 Powers of immigration officers: further provision

Part 1 20General

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
accordance with this paragraph.

(2) 25In 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) if the authorising officer is within subsection (5)(ha),
30by 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
subsection (5)(ha), any of the offences is an immigration or
35nationality 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
nationality offence if conduct constituting the offence—