Crime and Courts Bill (HL Bill 70)

“(7) This section does not give a person any powers that a District Judge
5(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
10Protection) 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
15virtue 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
20paragraph 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) 25a 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
30to 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) 35a 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) 40an 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) 45In subsection (2)(b) for “Vice-Chancellor” substitute “Chancellor of the High
Court”.

(4) In 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
5of the High Court”.

Part 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) 10is within section 6A,”.

9 (1) Section 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) 15is the Master of the Rolls,

(zc) is 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) 20is the Chancellor of the High Court in England and Wales,”.

(3) After 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 25Certain judges who are also judges of the First-tier Tribunal

A 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) 30is a person who 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) in column 1 of Part 2 of Schedule 2 to that Act (High
35Court Masters etc),

(d) is 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
40Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General).”

11 (1) In paragraph 6(3)(a) of each of Schedules 2 and 3 (requests to certain judges
to act as judges of First-tier Tribunal or Upper Tribunal may be made only

with the concurrence of the Lord Chief Justice) omit the “or” at the end of
sub-paragraph (iv) and, after sub-paragraph (v), insert “,

(vi) the Master of the Rolls,

(vii) the President of the Queen’s Bench Division of the
5High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) the Judge Advocate General;”.

(2) 10In paragraph 6 of Schedule 2 (judges by request of First-tier Tribunal) after
sub-paragraph (3) insert—

“(3A) A request made under sub-paragraph (2) to a person who is a
judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be
made only with the concurrence of the Lord Chief Justice of
15England and Wales.”

Part 6 Deployment of judges to the Employment Appeal Tribunal

12 (1) Section 22 of the Employment Tribunals Act 1996 (membership of
Employment Appeal Tribunal) is amended as follows.

(2) 20In 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
the judges within subsection (2A)”.

(3) After subsection (2) insert—

“(2A) A person is a judge within this subsection if the person—

(a) 25is the Senior President of Tribunals,

(b) is a deputy judge of the High Court,

(c) is the Judge Advocate General,

(d) is a Circuit judge,

(e) is a Chamber President, or a Deputy Chamber President, of a
30chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(f) is 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) 35is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(h) is 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
40district judge, or

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

13 (1) Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is
amended as follows.

(2) 5In 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) In subsection (3)(a) (consent required for deployment of judges of courts in
England and Wales)—

(a) 10in 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)
15insert “, or

(vi) within 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) 20In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert
“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
25in England and Wales,”.

(7) In 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) 30is a Recorder,

(xii) is 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) 35holds 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),

(xv) holds an office listed in column 1 of Part 2 of Schedule
2 to that Act (High Court Masters etc), or

(xvi) 40is the Judge Advocate General or a person appointed
under 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

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

• 5Constitutional 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,

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

• 10Judicial 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)
  and 47(5)(c)(iii), paragraph 12(1)(c) of Schedule 1 and paragraph
  7(1)(a) of Schedule 2.

(2) 15In 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
  (4)(b) of Schedule 7, and

• 20Judicial 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
for “or member of a panel of persons appointed to act as chairmen or other
25members 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
Retirement Act 1993 before “chairman” insert “Employment Judge, before 3
30November 2008 called”.

Section 30

SCHEDULE 15 Dealing non-custodially with offenders

Part 1 Community orders: punitive elements

1 35The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders) after subsection (2) insert—

“(2A) Where the court makes a community order, the court must—

(a) include in the order at least one requirement imposed for the
purpose of punishment, or