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The Duke of Montrose: My Lords, I am very disappointed to have that response from the Lord Chancellor. This is exactly the kind of point we are on. I do not wish to denigrate the powers of the press in Scotland, but not all of them will penetrate Bills to the level of Clause 106. This is the precise experience that we have had on numerous other points. The question of a title is rather important. We have been through this in relation to one or two other matters, such as on the reform of the House of Lords when the title given to the Earl Marshal was curtailed. He was not called the Earl Marshal of England, which would have made his position clearer in the event of further developments in Parliament.

In this case I would like to see the formal title include those words, but in the mean time I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 13 and 14 not moved.]

Clause 5 [Head and Deputy Head of Family Justice]:

[Amendments Nos. 15 to 17 not moved.]

Schedule 1 [Powers to make rules]:

Lord Falconer of Thoroton moved Amendment No. 18:

On Question, amendment agreed to.
 
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Clause 8 [Transfer of appointment functions]:

Lord Falconer of Thoroton moved Amendment No. 19:


"TRANSFER OF APPOINTMENT FUNCTIONS TO HER MAJESTY
Schedule (Transfer of appointment functions to Her Majesty) provides for—
(a) Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and
(b) the modification of enactments relating to those offices."

On Question, amendment agreed to.

Schedule 3 [Appointment functions]:

Lord Falconer of Thoroton moved Amendment No. 20:

"TRANSFER OF APPOINTMENT FUNCTIONS TO HER MAJESTY

District Judges

1 (1) For section 6 of the County Courts Act 1984 (c. 28) substitute—

"6 DISTRICT JUDGES

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

(2) The Lord Chief Justice, after consulting the Lord Chancellor—

(a) must assign each district judge to one or more districts;

(b) may change an assignment so as to assign the district judge to a different district or districts.

(3) A reference in any enactment or other instrument to the district judge for a district or of a county court is a reference to any district judge assigned to the district concerned.

(4) Every district judge is, by virtue of his office, capable of acting in any district whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5) A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(6) A salary payable under this section may be increased but not reduced by a determination or further determination under this section."

(2) That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district or districts for which he was appointed.

2 (1) For sections 100 and 101 of the Supreme Court Act 1981 (c. 54) substitute—

"100 DISTRICT JUDGES

(1) The Lord Chief Justice, after consulting the Lord Chancellor—

(a) may assign a district judge to one or more district registries;

(b) may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).
 
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(2) A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.

(3) Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(4) Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court."

(2) That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district registry or registries for which he was appointed.

(3) In section 102 of that Act (deputy district judges) for subsection (4) substitute—

"(4) A person appointed to be a deputy district judge in a district registry has, while acting under this section, the same jurisdiction as a district judge assigned to that registry."

High Court Masters and Registrars

3 (1) Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is amended as follows.

(2) In subsection (1), for the words from "the Lord Chancellor" to the end substitute "Her Majesty."

(3) After that subsection insert—

"(1A) The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury."

(4) For subsection (3) substitute—

"(3) Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) ("a senior office").

(3A) A person may be appointed to a senior office only if—

(a) he holds the office in the corresponding entry in the second column of that table ("the qualifying office"), or

(b) he does not hold the qualifying office but could be appointed to it in compliance with section 88.

(3B) Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.

(3C) This is the table referred to in subsections (3) and (3A)—


Senior officeQualifying office
Senior Master of the Queen's Bench DivisionMaster of the Queen's Bench Division
Chief Chancery MasterMaster of the Chancery Division
Chief Taxing MasterTaxing master of the Supreme Court
Chief Bankruptcy RegistrarRegistrar in bankruptcy of the High Court
Senior District Judge of the Family DivisionRegistrar of the Principal Registry of the Family Division"

(5) Before subsection (8) insert—

"(7A) A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury.
 
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(7B) A salary payable under or by virtue of this section—

(a) may in any case be increased, but

(b) may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

by a determination or further determination under this section."

4 In section 93(2) of the Mental Health Act 1983 (c. 20) (Court of Protection) for "the Lord Chancellor" substitute "Her Majesty".

Senior District Judge (Chief Magistrate)

5 In section 23 of the Courts Act 2003 (c. 39) (Senior District Judge (Chief Magistrate))—

(a) for "The Lord Chancellor" substitute "Her Majesty";

(b) for "he" substitute "she".

6 In section 10A(2) of the Justices of the Peace Act 1997 (c. 25) (until the coming into force of the repeal of that Act by the Courts Act 2003) for "The Lord Chancellor" substitute "Her Majesty"."

On Question, amendment agreed to.


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