Crime and Courts Bill (HL Bill 70)

(i) as a member of such a panel (including functions of
chairing such a panel), or

(ii) in relation to the nomination or appointment of
members of such a panel;

(m) 5provide for a person to cease to be a member of such a panel
where the person’s membership of the panel ceases to
contribute to meeting a requirement about the panel’s
members;

(n) provide for a person to become a member of such a panel
10where another person ceases to be a member of the panel or
where another person’s membership of the panel ceases to
contribute to meeting a requirement about the panel’s
members;

(o) make provision for or in connection with assessments,
15whether pre-acceptance or post-acceptance, of the health of
persons selected;

(p) provide for the Lord Chief Justice to nominate a judicial office
holder (as defined in section 109(4)) to exercise functions
given to the Lord Chief Justice by the regulations (including
20functions, such as functions as a consultee, given otherwise
than in reliance on paragraph (f));

(q) make provision prohibiting or restricting delegation by the
Senior President of Tribunals of functions given to the Senior
President of Tribunals by the regulations (including
25functions, such as functions as a consultee, given otherwise
than in reliance on paragraph (g));

(r) make provision as to the meaning of “non-legally-qualified”
and “judicial member” in sections 70, 75B and 79.

(3) Regulations under this section—

(a) 30may make different provision for different purposes;

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

(4) In subsection (1)(c) “the appropriate authority” means—

(a) the Lord Chancellor where the selection—

(i) is on a request under section 69 or 78,

(ii) 35relates to the office of Senior President of Tribunals or
puisne judge of the High Court, or

(iii) relates to an office listed in Table 1 of Part 1, 2 or 3 of
Schedule 14;

(b) the Lord Chief Justice where the selection relates to an office
40listed in Table 2 of Part 1 or 2 of that Schedule;

(c) the Senior President of Tribunals where the selection relates
to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of
that Schedule.

(5) This section is subject to section 95.”

45Other changes in relation to selection process and complaints

52 The Constitutional Reform Act 2005 is amended as follows.

53 In section 66(1)(a) (Lord Chancellor to consult Lord Chief Justice before
issuing guidance about selection procedures) for “consult” substitute
“obtain the agreement of”.

54 In section 67 (sections 68 to 75 apply in relation to appointment of Lord Chief
5Justice or Head of Division)—

(a) in subsection (1) for “75” substitute “70”, and

(b) in subsection (2) for “96” substitute “94C and regulations made
under it”.

55 In section 69 (sections 70 to 75 apply where request made under section
1069)—

(a) in subsection (4) for “Sections 70 to 75 apply” substitute “Section 70
applies”, and

(b) in subsection (5) for “Those sections are” substitute “That section is”.

56 (1) Section 70 (process for selecting person to be recommended for appointment
15as Lord Chief Justice or Head of Division) is amended as follows.

(2) After subsection (1) insert—

“(1A) The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) 20at least two judicial members, and

(c) at least two members of the Commission,

and contributions to meeting more than one of the requirements may
be made by the same person’s membership of the panel.

(1C) The members of the panel may not include the current holder of the
25office for which a selection is to be made.

(1D) If the panel is convened for the selection of a person to be
recommended for appointment as Lord Chief Justice, it is to be
chaired by one of its non-legally-qualified members.”

(3) In subsection (2)(a) (panel to determine selection process to be applied) after
30“applied” insert “by it”.

(4) In subsection (4) (subsection (3) applies to selection under section 70 or 75)
for “section 75” substitute “regulations under section 94C”.

(5) Omit subsection (5) (if practicable, panel to consult current holder of office).

57 In section 75A (sections 75B to 75G apply where request made under
35paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act
2007)—

(a) in subsection (1) for “Sections 75B to 75G apply” substitute “Section
75B applies”, and

(b) in subsection (2) for “Those sections are” substitute “That section is”.

58 (1) 40Section 75B (process for selecting person to be recommended for
appointment as Senior President of Tribunals) is amended as follows.

(2) After subsection (1) insert—

“(1A) The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

(c) at least two members of the Commission,

5and contributions to meeting more than one of the requirements may
be made by the same person’s membership of the panel.

(1C) The members of the panel may not include the Senior President of
Tribunals.”

(3) In subsection (2)(a) (panel to determine selection process to be applied) after
10“applied” insert “by it”.

(4) In subsection (5) (subsection (4) applies to selection under section 75B or
75G) for “section 75G” substitute “regulations under section 94C”.

59 In section 76 (sections 77 to 84 apply in relation to appointment of ordinary
judges of the Court of Appeal)—

(a) 15in subsection (1) for “84” substitute “79”, and

(b) in subsection (2) for “96” substitute “94C and regulations made
under it”.

60 In section 78 (sections 79 to 84 apply where request made under section
78)—

(a) 20in subsection (4) for “Sections 79 to 84 apply” substitute “Section 79
applies”, and

(b) in subsection (5) for “Those sections are” substitute “That section is”.

61 (1) Section 79 (process for selecting person to be recommended for appointment
as ordinary judge of Court of Appeal) is amended as follows.

(2) 25After subsection (1) insert—

“(1A) The panel must have an odd number of members not less than five.

(1B) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

(c) 30at least two members of the Commission,

and contributions to meeting more than one of the requirements may
be made by the same person’s membership of the panel.”

(3) In subsection (2)(a) (panel to determine selection process to be applied) after
“applied” insert “by it”.

(4) 35In subsection (4) (subsection (3) applies to selection under section 79 or 84)
for “section 84” substitute “regulations under section 94C”.

62 (1) Section 85 (sections 86 to 93 apply in relation to appointment of puisne
judges of the High Court or to offices listed in Schedule 14) is amended as
follows.

(2) 40In subsection (1)—

(a) for “93” substitute “88”,

(b) in paragraph (c) before “Part 2 or 3” insert “Table 1 of”, and

(c) after paragraph (c) insert—

“(d) an appointment to an office listed in Table 2 of Part 2
of that Schedule in exercise of the Lord Chief Justice’s
function under the enactment listed opposite that
5office;

(e) an appointment to an office listed in Table 2 of Part 3
of that Schedule in exercise of the function of the
Senior President of Tribunals under the enactment
listed opposite that office.”

(3) 10In subsection (2) for “96” substitute “94C and regulations made under it”.

(4) After subsection (4) insert—

“(5) The Lord Chancellor may by order provide that this section does not
apply to appointments to an office listed in Schedule 14 that is
specified in the order.

(6) 15An office may not be specified in an order under subsection (5) if—

(a) the provisions governing appointment to the office provide
that a person is eligible for appointment only where the
person satisfies the single condition specified in the
provisions, and

(b) 20that condition is one of the conditions listed in subsection (8).

(7) An office may not be specified in an order under subsection (5) if—

(a) the provisions governing appointment to the office provide
that a person is eligible for appointment only where the
person satisfies one or some other particular number or all, or
25at least one or at least some other particular number, of
several conditions specified in the provisions, and

(b) at least one of the conditions specified in the provisions is
listed in subsection (8).

(8) The conditions are—

(a) 30that the person satisfies the judicial-appointment eligibility
condition on an N-year basis (where N is a particular
number);

(b) that the person is a solicitor in Scotland of at least a particular
number of years’ standing;

(c) 35that the person is an advocate in Scotland of at least a
particular number of years’ standing;

(d) that the person is a solicitor in Northern Ireland of at least a
particular number of years’ standing;

(e) that the person is a barrister in Northern Ireland of at least a
40particular number of years’ standing.

(9) Before making an order under subsection (5) the Lord Chancellor
must consult the Lord Chief Justice, the Lord President of the Court
of Session and the Lord Chief Justice of Northern Ireland.

(10) An order under subsection (5)—

(a) 45may make different provision for different purposes;

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

63 (1) Section 86 (duty to fill vacancies) is amended as follows.

(2) After subsection (1) (duty to make a recommendation to fill vacancy for a
puisne judge of the High Court or in an office listed in Part 1 of Schedule 14)
insert—

“(1A) 5The Lord Chancellor must, as soon as is reasonably practicable after
being informed by the Lord Chief Justice that a selection under this
Chapter for a recommendation for an appointment to an office listed
in Table 2 of Part 1 of that Schedule has been accepted
unconditionally or subject to conditions that have since been met,
10make a recommendation of the selected person for an appointment
to that office.

(1B) The Lord Chancellor must, as soon as is reasonably practicable after
being informed by the Senior President of Tribunals that a selection
under this Chapter for a recommendation for an appointment to an
15office listed in Table 3 of Part 1 of that Schedule has been accepted
unconditionally or subject to conditions that have since been met,
make a recommendation of the selected person for an appointment
to that office.”

(3) In subsection (2) (Lord Chancellor must fill vacancy in office listed in Part 2
20or 3 of Schedule 14) after “listed in” insert “Table 1 of”.

(4) After that subsection insert—

“(2A) The Lord Chief Justice must make an appointment to fill any vacancy
in an office listed in Table 2 of Part 2 of that Schedule.

(2B) The Senior President of Tribunals must make an appointment to fill
25any vacancy in an office listed in Table 2 of Part 3 of that Schedule.”

(5) After subsection (3) insert—

“(4) Subsections (2A) and (2B) do not apply to a vacancy while the Lord
Chancellor agrees that it may remain unfilled.”

64 (1) Section 87 (request for selection of person to fill vacancy for High Court
30judge or in an office listed in Schedule 14) is amended as follows.

(2) After subsection (1) insert—

“(1A) The Lord Chancellor may request the Commission to select a person
for membership of a pool for requests under section 9(1) of the Senior
Courts Act 1981, and a person may become a member of such a pool
35only by selection on a request under this subsection.”

(3) In subsection (4) (sections 88 to 93 apply where request made under section
87) for “Sections 88 to 93 apply” substitute “Section 88 applies”.

(4) In subsection (5) for “Those sections are” substitute “That section is”.

65 In section 88 (selection process: puisne judges of High Court and other office
40holders)—

(a) omit subsection (2) (insufficient candidates of merit),

(b) omit subsection (3) (required elements of selection process),

(c) in subsection (4) (duty to arrange selection of one person for each
recommendation or appointment to which a request relates) for “or
45appointment” substitute “, appointment or pool membership”, and

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

66 For section 94 (Commission’s duty to identify persons suitable for selection
5on a future request) substitute—

“94 Power to require persons to be identified for future requests

(1) If the Lord Chancellor gives the Commission notice of a request
which the Lord Chancellor expects to make under section 87, the
Commission must seek to identify persons it considers would be
10suitable for selection on the request.

(2) The Lord Chancellor may, by regulations made with the agreement
of the Lord Chief Justice, make provision about how the Commission
is to comply with a duty imposed on it by subsection (1).

(3) The regulations may in particular—

(a) 15make provision as to things that are, or as to things that are
not, to be done—

(i) in complying with such a duty, or

(ii) in determining how to comply with such a duty;

(b) provide for the making of reports.

(4) 20Regulations under this section—

(a) may make different provision for different purposes;

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

67 (1) Section 95 (Lord Chancellor’s power to withdraw or modify a request) is
25amended as follows.

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

“(za) the Lord Chancellor may withdraw or modify a request in
consequence of a vacancy, or perceived need for an
additional office-holder, having been filled or partly filled by
30change in the amount of time required to be devoted to the
duties of office by an existing holder of the office concerned;”.

(3) In that subsection after paragraph (b) insert—

“(ba) so far as a request relates to any pool membership, the Lord
Chancellor may withdraw or modify it after consulting the
35Lord Chief Justice;”.

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

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

(b) for “or appointments” substitute “, appointments or pool
40memberships”.

(5) In subsection (3) (selection already accepted may not be changed in
consequence of modification or part-withdrawal of request) after “accepted”
insert “unconditionally or subject only to matters such as the selected
person’s willingness and availability”.

(6) 45In subsection (4) (request may not be withdrawn on ground of

unsatisfactory process after exercise of power to accept, reject or require
reconsideration of selection) for the words after “if” substitute “a selection
made pursuant to the request—

“(a) has been accepted unconditionally or subject only to matters
5such as the selected person’s willingness and availability, or

(a) in exercise of power conferred by regulations under section
94C, has been rejected or required to be reconsidered.”

68 (1) Section 97 (consultation under certain provisions to be with head of the
judiciary in Scotland or Northern Ireland instead of with Lord Chief Justice
10of England and Wales) is amended as follows.

(2) In subsection (1) (list of provisions requiring consultation)—

(a) omit paragraphs (b), (c) and (e), and

(b) in paragraph (d) for “95(2)(a), (b)” substitute “95(2)(b)”.

(3) In subsection (4) (modification where requirement is to obtain concurrence
15rather than to consult) after “section 94A(1)” insert “or 95(2)(a)”.

69 (1) In section 99 (judicial appointments: complaints) after subsection (3) insert—

“(3A) An LCJ complaint is a complaint by a qualifying complainant of
maladministration by the Lord Chief Justice or the Lord Chief
Justice’s nominee, or anyone acting on behalf of either of them, in
20connection with—

(a) selection under this Part for an office listed in Table 2 of Part
1 or 2 of Schedule 14,

(b) appointment to an office listed in Table 2 of Part 2 of that
Schedule, or

(c) 25selection under this Part for membership of a pool for
requests under section 9(1) of the Senior Courts Act 1981,

or of maladministration by the Lord Chief Justice or the Master of the
Rolls or the Lord Chief Justice’s nominee, or anyone acting on behalf
of any of them, in connection with the making of requests under
30section 9(1) of that Act.

(3B) An SPT complaint is a complaint by a qualifying complainant of
maladministration by the Senior President of Tribunals or a person
to whom the Senior President has delegated functions, or anyone
acting on behalf of either of them, in connection with—

(a) 35selection under this Part for an office listed in Table 3 of Part
1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or

(b) appointment to an office listed in Table 2 of Part 3 of that
Schedule.”

70 In section 100 (duty to make arrangements to investigate complaints) after
40subsection (2) insert—

“(2A) The Lord Chief Justice must make arrangements for investigating
any LCJ complaint made to the Lord Chief Justice.

(2B) The Senior President of Tribunals must make arrangements for
investigating any SPT complaint made to the Senior President of
45Tribunals.”

71 (1) Section 101 (complaints to the Judicial Conduct and Appointments
Ombudsman) is amended as follows.

(2) In subsections (1)(a) and (4)(a) (investigation of complaints previously made
to Judicial Appointments Commission or Lord Chancellor) for “or the Lord
Chancellor” substitute “, the Lord Chancellor, the Lord Chief Justice or the
Senior President of Tribunals”.

(3) 5In subsection (1)(b) for “Commission’s or Lord Chancellor’s decision”
substitute “decision of the Commission, the Lord Chancellor, the Lord Chief
Justice or the Senior President of Tribunals”.

72 In section 102 (Ombudsman’s reports and recommendations)—

(a) in subsection (2)(c) (recommended action) for “or the Lord
10Chancellor” substitute “, the Lord Chancellor, the Lord Chief Justice
or the Senior President of Tribunals”, and

(b) in subsection (4) (compensation not to be recommended for failure to
be appointed to an office) after “office” insert “, or selected for
membership of a pool,”.

73 (1) 15Section 103 (Ombudsman’s reports) is amended as follows.

(2) For subsection (2) (drafts of reports) substitute—

“(2) The Ombudsman must submit a draft of the report to the Lord
Chancellor and to—

(a) the Commission if the complaint was a Commission
20complaint;

(b) the Lord Chief Justice if the complaint was an LCJ complaint;

(c) the Senior President of Tribunals if the complaint was an SPT
complaint.”

(3) In subsection (3) (duty to have regard to comments on draft) for “or the
25Commission” substitute “the Commission, the Lord Chief Justice or the
Senior President of Tribunals”.

(4) After subsection (5) insert—

“(5A) If the complaint was an LCJ complaint the Ombudsman must send
the report in duplicate to the Lord Chancellor and the Lord Chief
30Justice.

(5B) If the complaint was an SPT complaint the Ombudsman must send
the report in duplicate to the Lord Chancellor and the Senior
President of Tribunals.”

74 (1) Section 104 (referrals to Judicial Conduct and Appointments Ombudsman of
35matters relating to Judicial Appointments Commission) is amended as
follows.

(2) In subsection (1) (duty to investigate matter referred by Lord Chancellor)
after “Lord Chancellor” insert “, the Lord Chief Justice or the Senior
President of Tribunals”.

(3) 40In subsection (3) (report on referred matter) after “Lord Chancellor” insert
“, the Lord Chief Justice and the Senior President of Tribunals”.

75 In section 105 (provision of information to Ombudsman) after “The
Commission” insert “, the Lord Chief Justice, the Senior President of
Tribunals”.

76 45In section 144(5) (orders and regulations subject to affirmative procedure)

after paragraph (a) insert—

“(aa) an order under section 85(5);

(ab) regulations under section 94 or 94C;”.

77 In paragraph 2 of Schedule 7 (functions of Lord Chancellor under the Act are
5protected from transfer to other Ministers etc) after “under this Act” insert
“, including any function under provision inserted into this Act by—

“(a) the Crime and Courts Act 2013, or

(b) any earlier or later enactment”.

78 In Schedule 12 (the Judicial Appointments Commission) in paragraphs 20(6)
10and 27(3) (selection panels under section 70 or 79) after “70” insert “, 75B”.

Part 5 Appointment of judge to exercise functions of a head of division in case of
incapacity or a vacancy etc

79 Where a Head of Division is incapable of exercising relevant functions, or
15the office of a Head of Division is vacant, the Lord Chief Justice may, with
the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts
to exercise relevant functions of the Head of Division.

80 An appointment under paragraph 79—

(a) must be in writing,

(b) 20must specify the functions that may be exercised by the appointed
judge, and

(c) must set out the duration of the appointment.

81 In paragraph 79—

• “Head of Division” means—

  (a)

  25the Master of the Rolls,

  (b)

  the President of the Queen’s Bench Division,

  (c)

  the President of the Family Division, or

  (d)

  the Chancellor of the High Court;

• “the Lord Chief Justice” means the Lord Chief Justice of England and
  30Wales;

• “the Senior Courts” means the Senior Courts of England and Wales.

82 In this Part of this Schedule “relevant functions” means functions under any
of the following—

• section 5 of the Public Notaries Act 1843 (functions of Chancellor of the
  35High Court in relation to refusal of master of the faculties to grant a
  faculty to practise as a public notary);

• section 8(5) of the Public Records Act 1958 (President of the Family
  Division to be consulted in relation to transfer of certain records);

• section 5(2) or (3) of the Senior Courts Act 1981 (concurrence of Heads
  40of Division with transfer of judges between Divisions of High Court
  etc);

• section 7(1) of the Senior Courts Act 1981 (power of Lord Chancellor,
  Lord Chief Justice and Heads of Division, acting collectively, to
  recommend alteration of Divisions of High Court etc);

• 45section 11(9) of the Senior Courts Act 1981 (concurrence of particular
  Heads of Division etc with Lord Chancellor’s declaration of a

  Crime and Courts BillPage 249

  vacancy in the office of a judge of the Senior Courts who is
  permanently incapacitated and unable to resign);

• section 54 of the Senior Courts Act 1981 (functions of Master of the Rolls
  in relation to composition of courts of civil division of Court of
  5Appeal);

• section 57 of the Senior Courts Act 1981 (determination by Master of the
  Rolls with concurrence of Lord Chancellor of sittings of civil division
  of Court of Appeal during vacation);

• section 61(5) of the Senior Courts Act 1981 (concurrence of Heads of
  10Division concerned with assignment of business of one Division of
  High Court to another Division of High Court);

• section 63(3) of the Senior Courts Act 1981 (concurrence of Head of
  Division concerned with direction that business is to cease to be
  assigned to specially nominated judge of High Court);

• 15section 71(4)(a) of the Senior Courts Act 1981 (determination by Heads
  of Division with concurrence of Lord Chancellor of sittings of
  Divisions of High Court during vacation);

• section 109(2) or 110 of the Senior Courts Act 1981 (President of the
  Family Division may make certain arrangements in relation to
  20documents relating to probate etc);

• section 111 of the Senior Courts Act 1981 (President of the Family
  Division may give directions as to form and content of records of
  grants made in the Principal Registry or a district probate registry);

• section 126 of the Senior Courts Act 1981 (President of the Family
  25Division may, with concurrence of Lord Chancellor, make
  regulations imposing conditions on deposit of wills);

• section 133 of the Senior Courts Act 1981 (functions of Master of the
  Rolls in relation to enrolment and engrossment of instruments);

• section 25(3)(a) of the Administration of Justice Act 1982 (President of
  30the Family Division may, with concurrence of Lord Chancellor,
  make regulations as to deposit and registration of wills);

• section 257(3) of the Inheritance Tax Act 1984 (President of the Family
  Division may make certain arrangements in relation to delivery of
  accounts for the purposes of that Act);

• 35section 37 of the Matrimonial and Family Proceedings Act 1984
  (President of the Family Division may, with concurrence of Lord
  Chancellor, give directions with respect to distribution and transfer
  between High Court and family court of family business and family
  proceedings);

• 40section 1(9) of the Courts and Legal Services Act 1990 (Heads of
  Division etc to be consulted in relation to changes to allocation of
  business of High Court and county court);

• section 58A(5)(a), 58AA(6)(a) or 58B(7)(a) of the Courts and Legal
  Services Act 1990 (Heads of Division etc to be consulted in relation to
  45certain matters relating to agreements for funding of legal services);

• section 56(4) of the Access to Justice Act 1999 (Heads of Division etc to
  be consulted in relation to changes to destination of appeals);

• section 57 of the Access to Justice Act 1999 (Master of the Rolls or
  President of the Family Division etc may assign appeals to the Court
  50of Appeal);

Crime and Courts BillPage 250

• section 2(7) of the Courts Act 2003 (Heads of Division etc to be
  consulted in relation to authorisation of contracting-out of
  administrative work of courts);

• section 64(4) of the Courts Act 2003 (Heads of Division to be consulted
  5in relation to change of judicial title);

• section 66(4)(b) of the Courts Act 2003 (President of the Family Division
  may nominate Circuit judges etc to sit as members of family
  proceedings courts);

• section 77(3) of the Courts Act 2003 (President of the Family Division
  10etc to be consulted in relation to certain appointments to Family
  Procedure Rule Committee);

• section 78(2) of the Courts Act 2003 (President of the Family Division to
  be consulted in relation to certain changes to Family Procedure Rule
  Committee);

• 15section 92(5) of the Courts Act 2003 (Heads of Division etc to be
  consulted in relation to fees of Senior Courts, family court, county
  court and magistrates’ courts);

• paragraph 12(4) of Schedule 7 to the Courts Act 2003 (Heads of Division
  etc to be consulted in relation to regulations about enforcement
  20officers);

• section 52(4) of the Constitutional Reform Act 2005 (Heads of Division
  etc to be consulted in relation to Supreme Court fees);

• section 183(7)(b) of the Legal Services Act 2007 (consent of Master of the
  Rolls etc in relation to fees for administration of an oath or taking of
  25an affidavit);

• paragraph 1(10) of Schedule 3 to the Legal Services Act 2007
  (concurrence of President of the Family Division etc with meaning of
  “reserved family proceedings” prescribed for the purposes of that
  paragraph).

83 30The Lord Chancellor may by order amend the list in paragraph 82 so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

84 After section 10(6) of the Senior Courts Act 1981 (where there is a vacancy in
35one or more of the offices of the Heads of Division, a newly-appointed Lord
Chief Justice is to take the required oaths in the presence of the holders of
such of the offices as are not vacant) insert—

“(6A) Where the holder of an office mentioned in subsection (5) is
incapable of exercising the functions of the office, the office is to be
40treated as vacant for the purposes of subsection (6).”

Part 6 Abolition of office of assistant Recorder

85 (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
45Recorders).

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

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

(i) 5omit “or assistant Recorder”, and

(ii) omit “or a Recorder, as the case may be”,

(c) in subsection (3) of that section omit the words after “pensions of
such judges”,

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

(e) 10in the title of that section omit “and assistant Recorders”,

(f) in Schedule 5 to the Judicial Pensions and Retirement Act 1993 omit
the entry for Assistant Recorder,

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

(h) 15in section 9(4) of the Senior Courts Act 1981 omit “and assistant
Recorders”,

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

(j) in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph
2071(2)(d),

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

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

Section 19

25SCHEDULE 14 Deployment of the judiciary

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

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

1 (1) 30Section 9 of the Senior Courts Act 1981 (which includes provision for certain
judges to act as judges of other courts) is amended as follows.

(2) In the table in subsection (1) (judges deployable to certain courts) in column
2 of each of entries 2 and 4 (person who has been a judge of the Court of
Appeal, or has been a puisne judge of the High Court, may be asked to act
35as 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) 40In 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
any entry in column 1 of the Table other than entry 4A.

(1ZB) 45A 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) is a judge of the Upper Tribunal by virtue of appointment
50under 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) is a deputy judge of the Upper Tribunal (whether under
55paragraph 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) In subsection (2B) (requests under certain entries in table in subsection (1) to
60be made only after consulting Lord Chancellor) after “3,” insert “4A,”.

(7) In subsection (2D) (requests to Circuit judge or Recorder to act in High Court
require concurrence of Judicial Appointments Commission)—

(a) omit “or Recorder”, and

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

(8) 65For subsection (3) (certain requests under subsection (1) must be complied
with) substitute—

“(3) The person to whom a request is made under subsection (1) must
comply with the request, but this does not apply to—

(a) a request made to a person who has been a judge of the Court
70of Appeal,

(b) a request made to a person who has been a puisne judge of
the High Court and is not a judge of the Court of Appeal, or

(c) a request made to the Senior President of Tribunals if the
holder of that office is a judge of the Court of Session or of the
75High 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) 80Section 9 of the Senior Courts Act 1981 (which includes provision about the
appointment of deputy judges of the High Court) is amended as follows.

(2) In subsection (4) (power of Lord Chief Justice to appoint deputy judges to
facilitate disposal of business in the High Court or Crown Court) after

“Crown Court” insert “or any other court or tribunal to which persons
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
5Court—

(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) 10a 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
15person’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))—

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

(b) for “his functions under subsection (4)” substitute “functions of the
Lord Chief Justice under this section”.

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

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

(2) If the provisions in Schedule 13 to this Act that split the table in Part 2 of
30Schedule 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) paragraph 38 of Schedule 13 has effect—

(i) as if a reference to the office of deputy judge of the High
35Court 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
(5) of that paragraph.

(3) After section 94A of the 2005 Act (appointments not subject to section 85:
40courts) 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) This 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
5disposal of particular business in the High Court or Crown
Court,

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

(c) 10there are no other reasonable steps that it is practicable to
take 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
15business concerned is concluded, or

(b) so 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) 20In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.

Part 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) 25In subsections (1)(b) and (3) after “Recorder,” insert “judge within
subsection (5),”.

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

(4) After subsection (4) insert—

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

(a) 30is the Senior President of Tribunals,

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

(c) is a judge of the Upper Tribunal by virtue of appointment
35under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,

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

(e) is a deputy judge of the Upper Tribunal (whether under
40paragraph 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) 45in 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) is a deputy district judge appointed under section 102 of the
5Senior 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) is a transferred-in judge of the First-tier Tribunal (see section
1031(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 Deployment of judges to the magistrates’ courts

5 (1) 15Section 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) ordinary judge of the Court of Appeal;

(ac) 20Senior 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-
tier Tribunal;

(g) 25judge 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)
of that Act);

(i) 30deputy 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
Senior Courts Act 1981 (senior High Court Masters
35etc), 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
Courts Act 1984, here includes deputy district judge
40appointed 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
45and Enforcement Act 2007;

(n) transferred-in judge of the First-tier Tribunal (see section
31(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—