Senior Courts Act 1981

Part I — CONSTITUTION OF Senior Courts

The Senior Courts

Amendment of Courts Act 1971.

1

• (1) The Senior Courts of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Court of Appeal

The Court of Appeal

2

• (1) The Court of Appeal shall consist of—

• (a) ex-officio judges, and

• (b) ordinary judges, of whom the maximum full-time equivalent number is 39

• (2) The following shall be ex-officio judges of the Court of Appeal—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any person who was Lord Chancellor before 12 June 2003;

• (c) any judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office within paragraphs (d) to (g);

• (d) the Lord Chief Justice;

• (e) the Master of the Rolls;

• (f) the President of the Queen's Bench Division;

• (g) the President of the Family Division;

• (h) the Chancellor of the High Court;

but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the request of the Lord Chief Justice he consents to do so.

• (2A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.

• (3) An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.

• (4) Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of ordinary judges of the Court of Appeal.

• (4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).

• (5) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

• (6) The Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of . . . Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court.

• (7) For the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable.

Divisions of Court of Appeal

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• (1) There shall be two divisions of the Court of Appeal, namely the criminal division and the civil division.

• (2) The Lord Chief Justice shall be president of the criminal division of the Court of Appeal, and the Master of the Rolls shall be president of the civil division of that court.

• (3) The Lord Chief Justice may, after consulting the Lord Chancellor appoint one of the ordinary judges of the Court of Appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division.

• (4) When sitting in a court of either division of the Court of Appeal in which no ex-officio judge of the Court of Appeal is sitting, the vice-president (if any) of that division shall preside.

• (5) Any number of courts of either division of the Court of Appeal may sit at the same time.

• (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

The High Court

The High Court

4

• (1) The High Court shall consist of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Lord Chief Justice;

• (ba) the President of the Queen's Bench Division;

• (c) the President of the Family Division;

• (d) the Chancellor of the High Court;

• (dd) the Senior Presiding Judge

• (ddd) the vice-president of the Queen’s Bench Division; and

• (e) the puisne judges of that court, of whom the maximum full-time equivalent number is 108.

• (2) The puisne judges of the High Court shall be styled “Justices of the High Court”.

• (3) All the judges of the High Court shall, except where this Act expressly provides otherwise, have in all respects equal power, authority and jurisdiction.

• (4) Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of puisne judges of the High Court.

• (4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).

• (5) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

• (6) The High Court shall be taken to be duly constituted notwithstanding any vacancy in the office of . . . Lord Chief Justice, President of the Queen's Bench Division, President of the Family Division, Chancellor of the High Courtor Senior Presiding Judgeand whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division..

• (7) For the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable.

Divisions of High Court

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• (1) There shall be three divisions of the High Court namely—

• (a) the Chancery Division, consisting of the Chancellor of the High Court, who shall be president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section;

• (b) the Queen’s Bench Division, consisting of the Lord Chief Justice, , the President of the Queen's Bench Division, the vice-president of the Queen’s Bench Division and such of the puisne judges as are for the time being so attached thereto; and

• (c) the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.

• (2) The puisne judges of the High Court shall be attached to the various Divisions by direction given by the Lord Chief Justice after consulting the Lord Chancellor; and any such judge may with his consent be transferred from one Division to another by direction given by the Lord Chief Justice after consulting the Lord Chancellor, but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.

• (3) Any judge attached to any Division may act as an additional judge of any other Division at the request of the Lord Chief Justice made with the concurrence of both of the following—

• (a) the senior judge of the Division to which the judge is attached;

• (b) the senior judge of the Division of which the judge is to act as an additional judge.

.

• (4) Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.

• (5) Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.

• (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

The Patents, Admiralty and Commercial Courts

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• (1) There shall be—

• (a) as part of the Chancery Division, a Patents Court; and

• (b) as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.

• (2) The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be judges of the Patents Court, Admiralty Judges and Commercial Judges respectively.

• (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

Power to alter Divisions or transfer certain courts to different Divisions

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• (1) Her Majesty may from time to time, on a recommendation of the Lord Chancellor and the judges mentioned in subsection (2), by Order in Council direct that—

• (a) any increase or reduction in the number of Divisions of the High Court; or

• (b) the transfer of any of the courts mentioned in section 6(1) to a different Division,

be carried into effect in pursuance of the recommendation.

• (2) Those judges are . . . the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court

• (3) An Order in Council under this section may include such incidental, supplementary or consequential provisions as appear to Her Majesty necessary or expedient, including amendments of provisions referring to particular Divisions contained in this Act or any other statutory provision.

• (4) Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The Crown Court

The Crown Court

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• (1) The jurisdiction of the Crown Court shall be exercisable by—

• (a) any judge of the High Court; or

• (b) any Circuit judge , Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) ; or

• (c) subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, Circuit judge , Recorder or qualifying judge advocate sitting with not more than four justices of the peace,

and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court.

• (1A) The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court.

• (2) A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.

• (3) When the Crown Court sits in the City of London it shall be known as the Central Criminal Court; and the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court , Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) .

• (4) Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.

Other provisions

Assistance for transaction of judicial business of Supreme Court

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• (1) A person within any entry in column 1 of the following Table may subject to the provision at the end of that Table at any time, at the request of the appropriate authority, act—

• (a) as a judge of a relevant court specified in the request; or

• (b) if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.

1	2
Judge ...	Where competent to act on request
1. A judge of the Court of Appeal.	The High Court and the Crown Court.
. . .	. . .
3. A puisne judge of the High Court.	The Court of Appeal.
. . .	. . .
4A. The Senior President of Tribunals	The Court of Appeal and the High Court.
5. A Circuit judge.	The High Court and the Court of Appeal.
6. A Recorder or a person within subsection (1ZB)	The High Court

• (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) A 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 under 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 paragraph 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).

• (1A) A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.

• (2) In subsection (1)—

• “the appropriate authority” means—the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, orat any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;

• “relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

• (2B) ... The appropriate authority may make the request only after consulting the Lord Chancellor.

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 pool for requests under subsection (1) to persons within that entry.

• (2D) In the case of a request to a Circuit judge ... to act as a judge of the Court of Appeal , the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 High Court, or Court of Appeal, in Northern Ireland.

• (4) Without prejudice to section 24 of the Courts Act 1971 (temporary appointment of deputy Circuit judges ...), if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court or any other court or tribunal to which persons appointed under this subsection may be deployed, he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the Lord Chief Justice may, after consulting the Lord Chancellor, think fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.

• (4A) No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 75.

• (5) Every person while acting under this section shall, subject to subsections (6) and (6A), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.

• (6) A person shall not by virtue of subsection (5)—

• (a) be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—

• (i) the appointment, retirement, removal or disqualification of judges of that court;

• (ii) the tenure of office and oaths to be taken by such judges; or

• (iii) the remuneration, allowances or pensions of such judges; or

• (b) subject to section 27 of the Judicial Pensions and Retirement Act 1993, be treated as having been a judge of a court in which he has acted only under this section.

• (6A) A Circuit judge, Recorder or person within subsection (1ZB) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31, 31B, 31C and 44 of the Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the Supreme Court).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .