Crime and Courts Bill (HL Bill 70)

(a) make provision about the number, maximum number or
minimum number of Commissioners of a particular
description;

(b) make provision about eligibility for appointment as a
5Commissioner, eligibility for appointment as the chairman
or eligibility for appointment as a Commissioner of a
particular description.”

3C The Lord Chancellor may by regulations made with the
agreement of the Lord Chief Justice—

(a) 10define “lay member”, in relation to the Commission, for the
purposes of this Part of this Act;

(b) define “holder of judicial office” for the purposes of
paragraphs 3A, 3B(2)(a), 11 and 20(5).”

Selection of Commissioners

18 15For paragraphs 7 to 10 (selection of Commissioners) substitute—

“6A (1) The Lord Chancellor may, by regulations made with the
agreement of the Lord Chief Justice, make provision for or in
connection with the selection or nomination of persons to be
recommended for appointment under paragraph 1.

(2) 20Regulations under this paragraph may (in particular)—

(a) provide for selection or nomination to be by a person, or
body, specified in or appointed under the regulations;

(b) make provision about selection procedure, including—

(i) provision for a selector to determine the selector’s
25own procedure or for selection procedure to be
otherwise determined under the regulations;

(ii) provision as to matters to which a selector is to, or
may or may not, have regard;

(iii) provision requiring that selection is carried out
30with a view to ensuring that there is a
Commissioner with special knowledge of Wales, of
some other area or of a particular matter;

(c) make provision for the payment to selectors of
remuneration, fees or expenses.”

19 (1) 35Paragraph 11 (vice-chairman) is amended as follows.

(2) In sub-paragraph (1) (most senior judicial member is vice-chairman) for
“Commissioner who is the most senior of the persons appointed as judicial
members” substitute “most senior of the holders of judicial office who are
Commissioners”.

(3) 40In sub-paragraph (2) (meaning of seniority for the purposes of sub-
paragraph (1)) for the words after “sub-paragraph (1)” substitute “seniority
is to be determined in accordance with regulations made by the Lord
Chancellor with the agreement of the Lord Chief Justice.”

(4) In sub-paragraph (3) (exercise by vice-chairman of functions of chairman)
45for the words from “other” to the end substitute “other than—

(a) any functions as a member of a commission convened
under section 26(5) or (5A) or of a panel appointed under

section 70(1), 75B(1) or 79(1) (including functions of
chairing such a commission or panel), and

(b) any functions specified in regulations made by the Lord
Chancellor with the agreement of the Lord Chief Justice.”

5Commissioners’ terms of office

20 For paragraph 13 (maximum term of office for a Commissioner) substitute—

“13 (1) The Lord Chancellor may, by regulations made with the
agreement of the Lord Chief Justice, make provision about the
periods for which a Commissioner may be appointed or hold
10office.

(2) Regulations under this paragraph may (in particular) make
provision about—

(a) the number of times a person may be appointed as a
Commissioner;

(b) 15the length of any particular appointment;

(c) the total length of a person’s appointments or the total
period for which a person may hold office as a
Commissioner.”

21 For sub-paragraphs (1) and (2) of paragraph 14 (person ceases to be a
20Commissioner on ceasing, for certain reasons, to be eligible for
appointment) substitute—

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

(a) provide for a Commissioner to cease to be a Commissioner
25on ceasing, or on ceasing for a particular reason, to be
eligible for appointment as a Commissioner;

(b) provide for a Commissioner other than the chairman to
cease to be a Commissioner on ceasing, or on ceasing for a
particular reason, to be eligible for appointment as a
30Commissioner of a particular description;

(c) provide for the chairman—

(i) to cease to be the chairman without ceasing to be a
Commissioner, or

(ii) to cease to be the chairman and cease to be a
35Commissioner,

on ceasing, or on ceasing for a particular reason, to be
eligible for appointment as the chairman;

(d) confer power to disapply or suspend the operation of
provision under paragraph (a), (b) or (c) in individual
40cases.”

Supplementary amendments

22 After paragraph 17 insert—

“Regulations

17A Regulations under this Part of this Schedule may—

(a) make different provision for different purposes;

(b) include transitional or transitory provision or savings.”

23 In Part 2 of Schedule 12 to the Constitutional Reform Act 2005 (Judicial
Appointments Commission) in paragraph 20(5) (committee to which
5Commission delegates a selection function must include at least one judicial
member and one lay member) for “judicial member and” substitute “who is
a holder of judicial office and at least”.

24 In section 122 of that Act (interpretation of Part 4) for the definition of “lay
member” substitute—

• 10“lay member”, in relation to the Commission, has such
  meaning as may be given by regulations under paragraph
  3C(a) of Schedule 12;”.

25 In section 144(5)(e) of that Act (orders under paragraph 5 of Schedule 12 are
subject to affirmative parliamentary procedure) for “an order under
15paragraph 5” substitute “regulations under Part 1”.

Consequential repeal of other legislation

26 In Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 omit
paragraph 65 (which amended paragraph 2 of Schedule 12 to the
Constitutional Reform Act 2005).

20Part 4 Judicial appointments: selection, and transfer of powers of Lord Chancellor

Appointments by Her Majesty on Lord Chancellor’s recommendation but where selection is to
be reported to Lord Chief Justice or Senior President of Tribunals

27 (1) Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments
25Commission: relevant offices and enactments) is amended as follows.

(2) The table in Part 1 (appointments by Her Majesty on the Lord Chancellor’s
recommendation) becomes Table 1 of that Part called “Appointments where
the Commission reports to the Lord Chancellor”.

(3) Move the entries for the following offices from Table 1 of Part 1 to form Table
302 of that Part called “Appointments where the Commission reports to the
Lord Chief Justice” (and with the same column headings)—

• Circuit judge

• Recorder

• Master, Queen’s Bench Division

• 35Queen’s Coroner and Attorney and Master of the Crown Office and
  Registrar of Criminal Appeals

• Admiralty Registrar

• Master, Chancery Division

• Registrar in Bankruptcy of the High Court

• 40Taxing Master of the Senior Courts

• District judge of the principal registry of the Family Division

• Senior Master of the Queen’s Bench Division

• Chief Chancery Master

Crime and Courts BillPage 223

• Chief Taxing Master

• Chief Bankruptcy Registrar

• Senior District Judge of the Family Division

• District judge

• 5District Judge (Magistrates’ Courts) appointed under section 22(1) of
  the Courts Act 2003

• Senior District Judge (Chief Magistrate) designated under section 23 of
  that Act

• Deputy Senior District Judge (Chief Magistrate) designated under that
  10section

(4) In Table 1 of Part 1 omit the entries for the following former offices—

• Senior District Judge (Chief Magistrate) designated under subsection
  (2) of section 10A of the Justices of the Peace Act 1997

• Deputy Senior District Judge (Chief Magistrate) designated under that
  15subsection

(5) Move the entry for the following office from Table 1 of Part 1 to form Table
3 of that Part called “Appointments where the Commission reports to the
Senior President of Tribunals” (and with the same column headings)—

• Judge of the Upper Tribunal by appointment under paragraph 1(1) of
  20Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

28 (1) Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 (judges and
other members of the Upper Tribunal) is amended as follows.

(2) In paragraph 1(2)(d) (eligibility for appointment as judge based on
experience gained in law) for “Lord Chancellor’s opinion” substitute
25“opinion of the Senior President of Tribunals”.

(3) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord
Chancellor” substitute “Senior President of Tribunals”.

Recommended appointments: further provisions

29 In section 16 of the Courts Act 1971 (appointment of Circuit judges) omit
30subsection (4) (health).

30 (1) Section 21 of the Courts Act 1971 (appointment of Recorders) is amended as
follows.

(2) For subsection (3)(c) (appointment must specify circumstances in which
Lord Chancellor may decline to extend appointment or may terminate it)
35substitute—

“(c) the circumstances in which the Lord Chancellor may
terminate the appointment (other than those in subsection
(6)(a) or (b));

(d) the circumstances in which the Lord Chief Justice may
40decline to extend the term of the appointment (other than
those in subsection (4C)(a) or (b)).”

(3) In subsection (4A) (Lord Chancellor must, subject to exceptions, extend term
of Recorder’s appointment) for “Lord Chancellor”, in the first place,
substitute “Lord Chief Justice”.

(4) In subsection (4B) (no extension without Recorder’s agreement) for “Lord
Chancellor” substitute “Lord Chief Justice”.

(5) In subsection (4C) (Lord Chancellor may, with Lord Chief Justice’s
agreement, decline to extend term on certain grounds)—

(a) 5for “Lord Chancellor may, with the agreement of the Lord Chief
Justice,” substitute “Lord Chief Justice may, with the agreement of
the Lord Chancellor,”, and

(b) in paragraph (c) for “(3)(c)” substitute “(3)(d)”.

(6) In subsection (5) (neither initial term nor extension under subsection (4) may
10extend appointment beyond judicial retirement age) for “(4)” substitute
“(4A)”.

(7) After subsection (7) insert—

“(8) Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a
15Recorder in accordance with the terms of the person’s appointment,
and those terms (including the terms specified under subsection (3))
are (subject to subsection (4)) to be such as the Lord Chancellor may
determine.

(9) The Lord Chief Justice may nominate a senior judge (as defined in
20section 109(5) of the Constitutional Reform Act 2005) to exercise
functions of the Lord Chief Justice under subsections (4) to (4D).”

(8) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Courts Act
1971 for “Section 21(2), (4) and (7)” substitute “Section 21”.

31 25In section 89(4) of the Senior Courts Act 1981 (additional offices and duties
of Senior Master appointed under subsection (3)(a)) for “under subsection
(3)(a)” substitute “of the Queen’s Bench Division”.

Deputy Circuit judges to be appointed by Lord Chief Justice

32 (1) Section 24 of the Courts Act 1971 (deputy Circuit judges and assistant
30Recorders) is amended as follows.

(2) In subsection (1) (appointment to facilitate disposal of certain business) for
“a county court” substitute “county court or any other court or tribunal to
which a person appointed under this subsection may be deployed”.

(3) In subsection (1)(a) (Lord Chancellor’s power to appoint deputy circuit
35judges) for “Lord Chancellor may, with the concurrence of the Lord Chief
Justice,” substitute “Lord Chief Justice may, with the concurrence of the
Lord Chancellor,”.

(4) In subsection (1A) (appointment as deputy Circuit judge not to be such as to
continue beyond person’s 75th birthday) after “such as to” insert “, or be
40extended under subsection (5B) below so as to,”.

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

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

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

(5B) 5Subject to subsections (1A) and (5C), the Lord Chief Justice must
extend the period of a person’s appointment as a deputy Circuit
judge (including a period already extended under this subsection)
before its expiry; and for this purpose a person appointed to be a
deputy Circuit judge on certain occasions is to be treated as having
10been appointed for a period that expires when the occasions end.

(5C) Extension under subsection (5B)—

(a) requires the person’s agreement,

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

(c) may be refused on—

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

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

(5D) Subject to the preceding provisions of this section, a person
appointed under this section is to hold and vacate office as a deputy
20Circuit judge in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.”

(6) In subsection (6) (Lord Chief Justice’s power to delegate under section
24(1)(a))—

(a) 25for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and

(b) after “subsection (1)(a)” insert “, (5A)(a), (5B) or (5C)(c)”.

(7) In Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 71(2)(c)
(superseded amendment of section 24(1)(a) of the Courts Act 1971).

30Deputy and temporary Masters etc to be appointed by Lord Chief Justice

33 (1) Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters,
Registrars etc of the High Court) is amended as follows.

(2) In subsection (1) (Lord Chancellor’s power of appointment)—

(a) for “the Lord Chancellor”, in the first place, substitute “the Lord
35Chief Justice”, and

(b) after “to facilitate the disposal of business in the Senior Courts” insert
“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.

(3) For subsection (1ZA) (if person to be appointed is a current or former holder
40of certain judicial offices, Lord Chief Justice must concur) substitute—

“(1ZA) The Lord Chief Justice may not appoint a holder of relevant office
under subsection (1) without the concurrence of the Lord
Chancellor.”

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

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

(a) only by the Lord Chancellor with the agreement of the Lord
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.

(6B) 10Subject to subsection (6C), the period of a person’s appointment
under subsection (1) (including a period already extended under this
subsection) must be extended by the Lord Chief Justice before its
expiry; and for this purpose a person appointed under subsection (1)
to act under this section on certain occasions is to be treated as
15having been appointed for a period that expires when the occasions
end.

(6C) Extension under subsection (6B)—

(a) requires the person’s agreement,

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

(c) 20may be refused on—

(i) the ground of inability or misbehaviour, or

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

(6D) Subject to the preceding provisions of this section (but subject in the
25first place to the Judicial Pensions and Retirement Act 1993), a person
appointed under subsection (1) is to hold and vacate office in
accordance with the terms of the person’s appointment, which are to
be such as the Lord Chancellor may determine.”

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

(a) 30for “judicial office holder (as defined in section 109(4)” substitute
“senior judge (as defined in section 109(5)”, and

(b) for “subsection (1ZA)” substitute “subsection (1), (6A)(a), (6B) or
(6C)(c)”.

(6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
35(protected functions of Lord Chancellor) in the entries for the Senior Courts
Act 1981 for “Section 91(1), (1A) and (6)” substitute “Section 91”.

(7) In consequence of the previous provisions of this paragraph, in the
Tribunals, Courts and Enforcement Act 2007 omit sections 57(2)(a) and (5)
and 144(5).

40Deputy district judges to be appointed by Lord Chief Justice

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

(2) In subsection (1) (Lord Chancellor’s power of appointment)—

(a) for “Lord Chancellor” substitute “Lord Chief Justice”, and

(b) after “to facilitate the disposal of business in the High Court” insert
“or any other court or tribunal to which a person appointed under
this subsection may be deployed”.

(3) In subsection (1B) (Lord Chief Justice’s concurrence needed in certain cases)
5for “Lord Chancellor may not appoint a person under subsection (1) without
the concurrence of the Lord Chief Justice” substitute “Lord Chief Justice may
not appoint a person under subsection (1) without the concurrence of the
Lord Chancellor”.

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

“(5ZA) 10A 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
Chief Justice, and

(b) only on—

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

(ii) a 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
20subsection) must be extended by the Lord Chief Justice before its
expiry.

(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) 25may be refused on—

(i) the 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
30first 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 in accordance with the terms of the person’s
appointment, which are to be such as the Lord Chancellor may
determine.

(5ZE) 35The 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), (5ZA)(a), (5ZB)
or (5ZC)(c).”

(5) In subsection (5A) (delegation of Lord Chief Justice’s functions) omit “(1B)
40or”.

(6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005
(protected functions of Lord Chancellor) in the entries for the Senior Courts
Act 1981 for “Section 102(1)” substitute “Section 102”.

35 (1) Section 8 of the County Courts Act 1984 (deputy district judges for the
45county court) is amended as follows.

(2) In 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)
5without the concurrence of the Lord Chief Justice” substitute “Lord Chief
Justice may not appoint a person under subsection (1) without the
concurrence of the Lord Chancellor”.

(4) 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
10extended 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
15Chief Justice, and

(b) only on—

(i) the ground of inability or misbehaviour, or

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

(3B) 20Subject 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) 25requires 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
30appointment.

(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
35determine.

(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) 40In 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”.

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

36 (1) Section 24 of the Courts Act 2003 (Deputy District Judges (Magistrates’
Courts)) is amended as follows.

(2) In subsection (1) (Lord Chancellor’s power of appointment) for “Lord
5Chancellor”, in the first place, substitute “Lord Chief Justice”.

(3) For subsection (4) (removal from office to be by Lord Chancellor with
concurrence of Lord Chief Justice but only on ground of incapacity or
misbehaviour) substitute—

“(4) A person may be removed from office as a Deputy District Judge
10(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) 15a 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
20expiry.

(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) 25may 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
30first 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) 35The 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
40(protected functions of Lord Chancellor) in the entries for the Courts Act
2003 at the appropriate place insert “Section 24”.

Lay justices to be appointed by Lord Chief Justice

37 (1) Section 10 of the Courts Act 2003 (justices of the peace who are not District
Judges (Magistrates’ Courts)) is amended as follows.