Public Service Pensions and Judicial Offices Bill [HL] (HL Bill 44)

Public Service Pensions and Judicial Offices Bill [HL]Page 100

Deputy Social Security Commissioner for Northern Ireland

Deputy statutory officer (appointed under section 74 of the Judicature
(Northern Ireland) Act 1978)

District Judge (Northern Ireland)

5District Judge (Magistrates’ Courts) (Northern Ireland)

High Court Judge (Northern Ireland)

Legally Qualified Member of the Pensions Appeal Tribunal for Northern
Ireland

Lord Justice of Appeal (Northern Ireland)

10Master (Bankruptcy) (Northern Ireland)

Master (Care and Protection) (Northern Ireland)

Master (Chancery) (Northern Ireland)

Master (Enforcement of Judgments) (Northern Ireland)

Master (High Court) (Northern Ireland)

15Master (Probate and Matrimonial) (Northern Ireland)

Master (Queen’s Bench and Appeals) (Northern Ireland)

Master (Taxing Office) (Northern Ireland)

Social Security Commissioner for Northern Ireland

Part 4 20Northern Ireland Judicial Appointments Commission as appointing authority
for corresponding sitting in retirement office

Member of a panel constituted under Article 7(1) of the Social Security
(Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Member of a panel of employment judges appointed in accordance with
25regulation 7(1)(a) of the Industrial Tribunals and Fair Employment
Tribunal (Constitution and Rules of Procedure) Regulations (Northern
Ireland) 2020 (S.R. (N.I.) 2020 No.3)

Member of the Lands Tribunal of Northern Ireland

Part 5 30President of Welsh Tribunals as appointing authority for corresponding
sitting in retirement office

Deputy Chair of the of the Agricultural Land Tribunal for Wales

Legal member of the Mental Health Review Tribunal for Wales

Legal member of the Rent Assessment Committee Wales

35Legal member of the Welsh Language Tribunal

Member of the Adjudication Panel for Wales

Member of the chairmen’s panel of the Special Educational Needs
Tribunal for Wales

Part 6 40Lord President of the Court of Session as appointing authority for
corresponding sitting in retirement office

Employment Judge (Scotland)

Public Service Pensions and Judicial Offices Bill [HL]Page 101

Section 110

Schedule 4 Consequential etc amendments in connection with Part 3

Part 1 Amendments of primary legislation

5Courts-Martial Appeals Act 1951 (c. 46)

1In section 30 of the Courts-Martial Appeals Act 1951 (assistants to judge
advocate general), omit subsections (3) to (5).

Administration of Justice Act 1970 (c. 31)

2(1)In section 10 of the Administration of Justice Act 1970 (temporary additional
10judges), omit subsection (1A)(b).

(2)Sub-paragraph (1) is repealed on the coming into force of the repeal of
section 10 of the Administration of Justice Act 1970 under Part 6 of Schedule
23 to the Tribunals, Courts and Enforcement Act 2007.

Courts Act 1971 (c. 23)

315In the Courts Act 1971, omit section 24 (deputy circuit judges).

Judicature (Northern Ireland) Act 1978 (c. 23)

4In section 7 of the Judicature (Northern Ireland) Act 1978 (further assistance
for transaction of judicial business), omit subsection (1)(b) and the word “or”
preceding it.

20Senior Courts Act 1981 (c. 54)

5(1)The Senior Courts Act 1981 is amended as follows.

(2)In section 9 (assistance for transaction of judicial business)—

(a)in subsection (1), in the table—

(i)in the heading to column 1 omit “or ex-judge”;

(ii)25omit rows 2 and 4;

(b)in subsection (2B), omit the words from the beginning to “Table,”;

(c)omit subsection (2C);

(d)in subsection (3), omit paragraphs (a) and (b);

(e)omit subsection (8)(a).

(3)30In section 91 (deputies and temporary appointments)—

(a)in subsection (1ZC), omit the words from “, or”, the first time it
occurs, to “effect”;

(b)in subsection (2), omit the words from the beginning to “(3),”;

(c)omit subsection (3).

(4)35In section 92 (tenure of office of certain officers of Senior Courts), in
subsection (1), omit “and to section 91(3)”.

(5)In section 102 (deputy district judges), omit subsections (1B), (1C) and (3).

Public Service Pensions and Judicial Offices Bill [HL]Page 102

County Courts Act 1984 (c. 28)

6(1)The County Courts Act 1984 is amended as follows.

(2)In section 5 (judges of the county court), in subsection (1), omit the words
after paragraph (c).

(3)5In section 8 (deputy district judges), omit subsections (1ZB) and (1ZC).

Matrimonial and Family Proceedings Act 1984 (c. 42)

7In section 31C of the Matrimonial and Family Proceedings Act 1984 (judges),
in subsection (1), omit the words after paragraph (y).

Judicial Pensions and Retirement Act 1993 (c. 8)

8(1)10The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)In section 26(7) (retirement date for holders of certain judicial offices etc),
omit paragraphs (d), (f), (g) and (ga).

(3)In Schedule 5 (retirement provisions: the relevant offices)—

(a)in the entry for deputy or temporary master, Queen‘s Bench
15Division, omit the words from “otherwise” to “section”;

(b)in the entry for deputy or temporary admiralty registrar, omit the
words from “otherwise” to “section”;

(c)in the entry for deputy or temporary master, Chancery Division,
omit the words from “otherwise” to “section”;

(d)20in the entry for deputy or temporary insolvency and companies
court judge, omit the words from “otherwise” to “section”;

(e)in the entry for deputy or temporary taxing master of the Senior
Courts, omit the words from “otherwise” to “section”;

(f)in the entry for deputy or temporary district judge of the principal
25registry of the Family Division, omit the words from “otherwise” to
“section”;

(g)in the entry for deputy or temporary registrar of civil appeals, omit
the words from “otherwise” to “section”;

(h)in the entry for deputy district judge appointed under section 102 of
30the Senior Courts Act 1981, omit the words from “, except” to the end;

(i)in the entry for deputy district judge appointed under section 8 of the
County Courts Act 1984, omit the words from “, except” to the end;

(j)at the end, after the insertions made by Schedule 1, insert—

  • “Sitting in retirement office under section 105 of the Public Service
    35Pensions and Judicial Offices Act 2021”.

Employment Tribunals Act 1996 (c. 17)

9In section 24 of the Employment Tribunals Act 1996 (temporary additional
judicial membership), in subsection (2), omit the words from the first “or” to
the end.

40Courts Act 2003 (c. 39)

10(1)Section 64 of the Courts Act 2003 (power to alter judicial titles) is amended
as follows.

Public Service Pensions and Judicial Offices Bill [HL]Page 103

(2)After subsection (2) insert—

(2A)The Lord Chancellor may by order—

(a)alter the name of a relevant office;

(b)provide for or alter the way in which a relevant office is to be
5styled.

(2B)In subsection (2A) “a relevant office” is a sitting in retirement office
under section 105 of the Public Service Pensions and Judicial Offices
Act 2021 for which the corresponding original office is listed in Part
1 of Schedule 3 to that Act.”

(3)10In subsection (5), after “(1)” insert “, (2A)”.

Constitutional Reform Act 2005 (c. 4)

11(1)The Constitutional Reform Act 2005 is amended as follows.

(2)In section 85 (selection of puisne judges and other office holders)—

(a)in subsection (2A)—

(i)15omit paragraphs (a) and (c);

(ii)in paragraph (b), for “sections 91(1ZB) and 102(1C)”
substitute “section 91(1ZB)”;

(iii)for paragraph (d) substitute—

(d)section 94AA below.”;

(b)20in subsection (4)—

(i)omit “94A,”;

(ii)omit “or 94B”.

(3)Omit section 94A (appointments not subject to section 85: courts).

(4)Omit section 94B (appointments not subject to section 85: tribunals).

(5)25In section 97 (Scotland and Northern Ireland)—

(a)in subsection (1), omit paragraph (ca);

(b)in subsection (4), omit “94A(1) or”;

(c)omit subsections (5) and (6).

(6)In Schedule 7 (protected functions of the Lord Chancellor), in Part A of
30paragraph 4—

(a)in the entry for the Courts Act 1971, omit “section 24”;

(b)at the end insert—

“Public Service Pensions and Judicial Offices Act 2021

Section 106(3) and (4)

35Section 109”.

Public Service Pensions and Judicial Offices Bill [HL]Page 104

Part 2 Amendments of secondary legislation

Access to Justice Act 1999 (Destination of Appeals) Order 2016 (S.I. 2016/917)

12In the Access to Justice Act 1999 (Destination of Appeals) Order 2016
5(appeals from the county court), omit article 5(1)(b).

Part 3 Repeal of spent provisions

Judicial Pensions and Retirement Act 1993 (c. 8)

13(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2)10Omit section 26(11).

(3)In Schedule 7 (retirement dates: transitional provisions), omit paragraph
1(2).

Tribunals, Courts and Enforcement Act 2007 (c. 15)

14(1)The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

(2)15In section 53 (transfer from salaried to fee-paid judicial office), omit
subsections (2) and (6)(b).

(3)Omit section 58 (appointment of temporary assistants to Judge Advocate
General).

Crime and Courts Act 2013 (c. 22)

1520In Schedule 13 to the Crime and Courts Act 2013 (judicial appointments),
omit paragraphs 40 and 48.