Crime and Courts Bill (HL Bill 70)

(2) In subsection (1) (Lord Chancellor’s power of appointment) for “Lord
Chancellor” substitute “Lord Chief Justice”.

(3) After that subsection insert—

“(1A) Subject to the following provisions of this section and to sections 11
5to 15, a person appointed under subsection (1) is to hold and vacate
office as a justice of the peace in accordance with the terms of the
person’s appointment, which are to be such as the Lord Chancellor
may determine.”

(4) After subsection (2) insert—

“(2ZA) 10The Lord Chief Justice must ensure that arrangements for the
exercise, so far as affecting any local justice area, of the function
under subsection (1) include arrangements for consulting persons
appearing to the Lord Chief Justice to have special knowledge of
matters relevant to the exercise of that function in relation to that
15area.”

(5) In subsection (2A) (Lord Chancellor to ensure local consultation takes place
in relation to the exercise of functions under subsections (1) and (2)) for
“subsections (1) and” substitute “subsection”.

(6) After subsection (6) insert—

“(6A) 20The Lord Chief Justice may nominate a senior judge (as defined in
section 109(5) of the Constitutional Reform Act 2005) to exercise
functions of the Lord Chief Justice under subsection (1).”

(7) In subsection (7) (delegation of Lord Chief Justice’s functions) after
“subsection (2)” insert “, (2ZA)”.

25Transfer of appointment powers to Lord Chief Justice: further provisions

38 (1) Section 94A of the Constitutional Reform Act 2005 (certain appointments by
Lord Chancellor not subject to section 85 but require concurrence of Lord
Chief Justice) is amended as follows.

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

“(b) 30the 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
other of them.”

(3) In subsection (3) (Lord Chief Justice may delegate function under subsection
35(1)(b)) after “function” insert “of concurring”.

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

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

(3) The table in Part 2 (appointments by the Lord Chancellor) becomes Table 1
40of 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
same column headings)—

Crime and Courts BillPage 231

• 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

• 5Deputy district judge appointed under section 8(1) of the County
  Courts Act 1984

• Justice of the Peace appointed under section 10(1) of the Courts Act
  2003 (justices of the peace other than District Judges (Magistrates’
  Courts))

• 10Deputy 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
that table, omit “by the Lord Chancellor”.

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

• 15Justice 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

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

41 In section 7(7) (Lord Chancellor’s power to appoint Chamber Presidents for
20the First-tier Tribunal or the Upper Tribunal) for “Lord Chancellor”
substitute “Senior President of Tribunals”.

42 (1) In section 8 (power of Senior President of Tribunals to delegate) after
subsection (1) insert—

“(1A) A function under paragraph 1(1) or 2(1) of Schedule 2 may be
25delegated under subsection (1) only to a Chamber President of a
chamber of the Upper Tribunal.”

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

• section 7(7);

• 30section 7(9);

• paragraph 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;

• 35paragraph 7(3B) and (3C)(c)of Schedule 3;

• paragraph 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;

• 40paragraph 5A(3)(a) of Schedule 4;

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

43 (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
45Chancellor” 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”.

44 (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.”

45 (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.”

46 (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).”

47 (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

48 (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)”.

49 (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

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

(2C) insert—

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

Main change in selection process

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

(2) Omit—

(a) sections 71 to 75 (selection for appointment of Lord Chief Justice or
10Head of Division),

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

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

(d) 15sections 89 to 93 (selection for appointment of puisne judge of the
High Court or to an office listed in Schedule 14), and

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

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

“94C Selection process

(1) 20The Lord Chancellor must by regulations made with the agreement
of the Lord Chief Justice—

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

(b) 25make further provision about—

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

(ii) the process that is to be applied in a case where a
selection panel is required to be appointed under
30section 70, 75B or 79;

(c) secure, subject to section 95 and any provision within
subsection (2)(d) that is included in the regulations, that in
every case referred to paragraph (a) or (b)(ii) there will come
a point in the process when a selection has to be accepted,
35either unconditionally or subject only to matters such as the
selected person’s willingness and availability, by or on behalf
of the appropriate authority.

(2) The regulations may in particular—

(a) provide for process additional to the selection process
40applied under section 70(2), 75B(2), 79(2) or 88(1), including
post-acceptance process;

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

(i) as part of the selection process applied under section
4570(2), 75B(2), 79(2) or 88(1), or

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

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

(d) provide for section 88(1)(c) not to apply where, or to the
5extent that, the Commission decides that the selection
process applied under section 88(1) has not identified
candidates of sufficient merit for it to comply with section
88(1)(c);

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

(i) 10power to require a selection panel to reconsider a
selection under section 70(2), 75B(2) or 79(2) or any
subsequent selection,

(ii) power to reject a selection under section 70(2) or any
subsequent selection,

(iii) 15power to reject a selection under section 75B(2) or
79(2) or any subsequent selection,

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

(v) 20power to require the reconsideration of a decision
mentioned in paragraph (d);

(f) give functions to the Lord Chief Justice in connection with
selection for an office listed in Table 2 of Part 1 or 2 of
Schedule 14 or in connection with selection for membership
25of a pool for requests under section 9(1) of the Senior Courts
Act 1981, including—

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

(ii) 30power to require the reconsideration of a decision
mentioned in paragraph (d);

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

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

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

(h) 40make provision for or in connection with duties mentioned in
section 51 of the Equality Act 2010 being duties of the Lord
Chief Justice, or Senior President of Tribunals, in relation to
an office within Table 2 or 3 of Part 1 of Schedule 14;

(i) provide for particular action to be taken by the Commission
45or a selection panel after the panel has complied with section
70, 75B or 79;

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

(k) provide for the dissolution of a selection panel appointed
50under section 70, 75B or 79;

(l) provide for section 16(2)(a) or (b) not to apply in relation to
functions of the Lord Chief Justice—