Crime and Courts Act 2013

Section 63N (power to extend jurisdiction to magistrates' courts) is repealed.

141

Section 63P (appeals: Part 4A) is repealed.

142

In section 63S (interpretation of Part 4A) in the definition of “the relevant judge”, in paragraph (b) for the words after “where the order was made by” substitute “ the family court, a judge of that court. ”

143

In section 65 (rules, regulations and orders)—

• (a) in subsection (3) omit “, 63N”, and

• (b) in subsection (4) omit “or 63N”.

144

• (1) Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is amended as follows.

• (2) In the words before paragraph (a) for “a county court” substitute “ the family court ”.

• (3) In paragraph (b) for the words after “in relation to” substitute “ the family court, a judge of that court. ”

145

In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or on separation of cohabitants: interpretation) for the definition of “the court” substitute—

“the court” means the High Court or the family court,

.

Crime and Disorder Act 1998 (c. 37)

146

The Crime and Disorder Act 1998 is amended as follows.

147

• (1) Section 11 (child safety orders) is amended as follows.

• (2) In subsection (1) (application to magistrates' court for child safety order) for “a magistrates' court” substitute “ the family court ”.

• (3) In subsection (6) (proceedings for child safety order to be family proceedings for the purposes of certain enactments) omit “or section 65 of the Magistrates' Courts Act 1980 (“the 1980 Act”)”.

148

• (1) Section 12 (child safety orders: supplemental) is amended as follows.

• (2) In subsection (1) (information to be obtained by magistrates' court before making child safety order) for “a magistrates' court” substitute “ the family court ”.

• (3) In subsection (2) (explanation to be given by magistrates' court to parent or guardian) for “a magistrates' court” substitute “ the family court ”.

• (4) In subsection (6) (powers of magistrates' court where child has failed to comply with child safety order) omit “or another magistrates' court acting in the same local justice area”.

149

Omit section 13 (appeals to county court against child safety orders).

150

In section 13B(7) (parental compensation orders: offence) for “the 1980 Act” substitute “the Magistrates' Courts Act 1980 (“the 1980 Act”)”.

Adoption and Children Act 2002

151

The Adoption and Children Act 2002 is amended as follows.

152

In section 13 (information concerning adoption)—

• (a) in subsection (2) (court officers who are to provide information) for paragraphs (a) and (b) substitute—

(aa) the relevant officer of the family court, and

• (b) in subsection (3) (meaning of “relevant officer” in relation to county court and High Court) for “a county” substitute “ the family ”.

153

Omit section 55(2) (revocation of adoptions on legitimation: interpretation in relation to magistrates' courts).

154

In section 60 (disclosure of information to adopted adult)—

• (a) in subsection (2)(a) (High Court power by order to prohibit disclosure) after “High Court” insert “ or family court ”,

• (b) in subsection (3) (supplementary provision about orders under subsection (2)(a)) after “High Court” insert “ or family court ”.

155

In section 92(1) (steps which may not be taken except by an adoption agency or in pursuance of High Court order) after “High Court” insert “ or the family court ”.

156

In section 95(1)(d) (offences relating to payment for steps taken in contravention of section 92(1)) after “High Court” insert “ or family court ”.

157

In section 101(1) (proceedings in High Court or county court may be heard in private) for “a County Court” substitute “ the family court ”.

158

Omit section 141(5) (rules of procedure: magistrates' courts).

159

In section 144(1) (interpretation), for the definition of “court” substitute—

“court” means the High Court or the family court,

Gender Recognition Act 2004 (c. 7)

160

In section 8 of the Gender Recognition Act 2004 (appeals against decision of Gender Recognition Panel etc) in subsections (1) and (5) after “High Court” insert “ , family court ”.

Civil Partnership Act 2004 (c. 33)

161

The Civil Partnership Act 2004 is amended as follows.

162

For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county courts) substitute—

(b) the family court.

163

In section 46(5)(a) (periods which may be treated for the purposes of section 44(5)(d) as periods during which respondent has deserted applicant) for “or a county court” substitute “ , the family court or the county court ”.

164

In section 58 (application for declaration may be made to High Court or county court) for “a county court” substitute “ the family court ”.

165

• (1) Section 66 (disputes between civil partners about property) is amended as follows.

• (2) For subsection (1)(b) (application may be made to county court prescribed by rules of court) substitute—

(b) the family court.

• (3) Omit subsection (3) (no limits on jurisdiction of county court under subsection (2)).

166

For section 220(b) (in sections 221 to 224 “the court” includes certain county courts) substitute—

(b) the family court.

167

• (1) Part 2 of Schedule 1 (special provisions about civil partnerships which are prohibited unless paragraph 2(1) conditions are met) is amended as follows.

• (2) In paragraph 6(2) (civil partnership schedule not to be issued if alleged that paragraph 2(1) conditions not met, unless High Court declaration obtained under paragraph 7) omit “High Court”.

• (3) In paragraph 7 (application to High Court for declaration) after “High Court” insert “ or the family court ”.

168

• (1) Paragraph 15 of Schedule 2 (civil partnership of persons aged 16 or 17: meaning of “the court” and provision about rules of court) is amended as follows.

• (2) In sub-paragraph (1) (“the court” includes certain county courts and magistrates' courts)—

• (a) after paragraph (a) insert “ or ”, and

• (b) for paragraphs (b) and (c) substitute—

(c) the family court.

• (3) In sub-paragraph (2) (rules of court)—

• (a) omit paragraph (b), and

• (b) in paragraph (c) for “a magistrates' court” substitute “ the family court ”.

169

Schedule 5 (financial relief in the High Court or a county court etc) is amended as follows.

170

In paragraph 63(2) (payment of certain arrears under certain orders unenforceable without leave of the court) for “any county court” substitute “ the family court ”.

171

• (1) Paragraph 64 (orders for repayment in certain cases of sums paid under certain orders) is amended as follows.

• (2) In sub-paragraph (7) (application may be made in certain proceedings, or to county court) for “a county court”, in each place, substitute “ the family court ”.

• (3) Omit sub-paragraph (8) (no limits on jurisdiction of county court under sub-paragraph (7)).

172

• (1) Paragraph 65 (orders for repayment in certain cases of sums paid after cessation of order by reason of formation of subsequent civil partnership or marriage) is amended as follows.

• (2) In sub-paragraph (6) (application may be made in certain proceedings, or to county court) for “a county court”, in each place, substitute “ the family court ”.

• (3) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-paragraph (6)).

• (4) In sub-paragraph (8)(a) (liability of court officers in respect of orders for periodical payments)—

• (a) for “the designated officer for a magistrates' court to whom any payments under a payments order are required to be made” substitute “ an officer of the family court ”, and

• (b) for “in pursuance of the payments order” substitute “ , in pursuance of a payments order requiring payments to be made to the court or an officer of the court, ”.

• (5) In sub-paragraph (10) (interpretation) for paragraphs (b) and (c) substitute

or (aa) the officer of the family court,

.

173

In paragraph 69 (alteration of maintenance agreements where both parties are living)—

• (a) in sub-paragraph (1) (courts to which application for alteration may be made) omit “or, subject to sub-paragraph (6), to a magistrates court”, and

• (b) in sub-paragraph (6) (power to make order for alteration is subject to paragraphs 70 and 71) for “paragraphs 70 and” substitute “ paragraph ”.

174

Omit paragraph 70 (limits on powers of magistrates' court to deal with applications for alterations).

175

In paragraph 73 (alterations of maintenance agreements after death of one party)—

• (a) in sub-paragraph (2) (application for alteration may be made to High Court or county court) omit the words from “High” to “county”, and

• (b) in sub-paragraph (4) (court's permission needed to make late application) omit the words from “High” to “county”.

176

For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain county courts) substitute—

(b) the family court.

177

For the Schedule title substitute “ Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973 ”.

178

Schedule 6 (financial relief in magistrates' courts etc) is amended as follows.

179

In paragraph 1(1) (grounds of application to magistrates' court for order for financial provision) for “a magistrates' court” substitute “ the family court ”.

180

Omit paragraph 8 (refusal of order in case more suitable for High Court).

181

In paragraph 9(1) (application for order for payments agreed between parties to a civil partnership) for “a magistrates' court” substitute “ the family court ”.

182

In paragraph 15(1) (powers of court where parties living apart by agreement) for “a magistrates' court” substitute “ the family court ”.

183

• (1) Paragraph 20 (circumstances in which interim orders may be made) is amended as follows.

• (2) In sub-paragraph (2) (circumstances in which magistrates' court may make order)—

• (a) for “A magistrates' court” substitute “ The family court ”, and

• (b) omit paragraph (b) (interim order may be made on refusal of order on grounds that case more suitable for High Court) and the “or” preceding it.

• (3) Omit sub-paragraph (3) (circumstances in which High Court may make interim order).

184

Omit paragraph 23 (interim orders: payments which can be treated as having been paid on account).

185

• (1) Paragraph 24 (when interim order ceases to have effect) is amended as follows.

• (2) In sub-paragraph (1)(c) (interim order ceases to have effect on final order of magistrates' court or dismissal of application) for “a magistrates' court” substitute “ the family court ”.

• (3) In sub-paragraph (2) (interim order may be continued in force by order of court)—

• (a) in paragraph (a) for “the magistrates' court which made the order, or” substitute “ the family court, ”, and

• (b) omit paragraph (b).

186

Omit paragraph 25(1) (interim order of High Court on ordering rehearing by magistrates' court to be treated, for certain purposes, as an order of that magistrates' court).

187

In paragraph 29(6) (magistrates' court's power to determine date on which order ceased to have effect because the parties were living together) for “a magistrates' court” substitute “ the family court ”.

188

In paragraph 30 (variation, revocation, suspension and revival of orders for periodical payments) in each of sub-paragraphs (1) and (2) for “a magistrates' court” substitute “ the family court ”.

189

In paragraph 31 (power to order lump sum on variation) in each of sub-paragraphs (1) and (2) for “a magistrates' court” substitute “ the family court ”.

190

In paragraph 35(1) (powers exercisable on varying an order) for “59(3)(a) to (d) of the Magistrates' Courts Act 1980 (c. 43)” substitute “1(4) and (4A) of the Maintenance Enforcement Act 1991”.

191

Omit paragraph 36 (variation by justices' clerk).

192

In paragraph 37 (exercise of powers)—

• (a) in sub-paragraph (1) for “59(3)(a) to (d) of the 1980” substitute “ 1(4) and (4A) of the 1991 ”, and

• (b) omit sub-paragraph (2).

193

In paragraph 38 (further provision about exercise of powers)—

• (a) in sub-paragraph (1)—

• (i) for “59(4) of the 1980” substitute “ 1(6) of the 1991 ”,

• (ii) for “paragraphs 35 and 36(4)” substitute “ paragraph 35 ”, and

• (iii) for “59” substitute “ 1 of the 1991 Act ”, and

• (b) in sub-paragraph (2)—

• (i) omit “, or of a justices' clerk,”, and

• (ii) for the words from “which” to the end substitute “ unless, at the time when the order was made, the person required to make the payments was ordinarily resident in England and Wales. ”

194

In paragraph 39 (who may make application) for “, 31 or 36” substitute “ or 31 ”.

195

In paragraph 40(1) (application by child for revival of periodical payments order) in the words before paragraph (a), for “a magistrates' court” substitute “ the family court ”.

196

Omit paragraphs 41 and 42 (variation by, and other powers of, a magistrates' court).

197

• (1) Paragraph 44 (orders for repayment in certain cases of sums paid after cessation of order by reason of formation of subsequent civil partnership or marriage) is amended as follows.

• (2) In sub-paragraph (4) (court's power to order repayment or partial repayment, or to dismiss application) for “the court” substitute “ the family court ”.

• (3) In sub-paragraph (6) (application may be made in enforcement proceedings, or to county court)—

• (a) after “may” insert “ (but need not) ”,

• (b) omit “in the High Court or a county court”, and

• (c) omit the words after paragraph (a) (including the “but” at the end of that paragraph).

• (4) Omit sub-paragraph (7) (no limits on jurisdiction of county court under sub-paragraph (6)).

• (5) In sub-paragraph (8) (liability of court officers)—

• (a) in paragraph (a)—

• (i) for “the designated officer for a magistrates' court to whom any payments under an order made under paragraph 2(1)(a), or Part 2 or 3, are required to be made” substitute “ an officer of the family court ”, and

• (ii) for “in pursuance of the order” substitute “ , in pursuance of an order under paragraph 2(1)(a), or Part 2 or 3, requiring payments to be made to the court or an officer of the court, ”, and

• (b) in paragraph (b)—

• (i) for “the order” substitute “ an order ”, and

• (ii) for “after that date” substitute “ , after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it, ”.

198

In paragraph 46 (application of certain provisions of the Domestic Proceedings and Magistrates' Court Act 1978)—

• (a) in paragraph (a) (powers of the High Court and a county court in relation to certain orders) for “a county court” substitute “ the family court ”, and

• (b) omit paragraphs (b) and (c) (appeals and constitution of courts).

199

• (1) Paragraph 47 (jurisdiction and procedure) is amended as follows.

• (2) Omit sub-paragraph (1) (limits on powers of magistrates' courts to deal with applications for orders under Schedule 6).

• (3) In sub-paragraph (1A) (jurisdiction of magistrates' courts where jurisdiction to be determined by reference to the Maintenance Regulation etc) for “a magistrates' court” substitute “ the family court ”.

• (4) In sub-paragraph (2) (jurisdiction of magistrates' court exercisable notwithstanding that a party is not domiciled in England and Wales) for “a magistrates' court” substitute “ the family court ”.

200

For the Schedule title substitute “Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978”.

201

In Schedule 7, in the definition of “the court” in paragraph 19 (in Schedule 7 “the court” includes certain county courts) for the words after “High Court” substitute “ or the family court ”.

Childcare Act 2006 (c. 21)

202

The Childcare Act 2006 is amended as follows.

203

In section 72 (protection of children in an emergency)—

• (a) in subsection (1) (application to justice of the peace for emergency order) for “a justice of the peace” substitute “ the family court ”, and

• (b) in subsection (2) (grounds for granting application for emergency order) for “the justice”, in both places, substitute “ the court ”.

204

In section 79 (power of constable to assist in exercise of powers of entry)—

• (a) omit subsection (4) (which applies Schedule 11 to the Children Act 1989 to proceedings under section 79), and

• (b) in subsection (5) (meaning of “the court”) for the words after “High Court” substitute “ or the family court ”.

205

In section 98F (power of constable to assist in exercise of powers of entry)—

• (a) omit subsection (5) (which applies Schedule 11 to the Children Act 1989 to proceedings under section 98F), and

• (b) for subsection (6) (meaning of “the court”) substitute—

(6) In this section “court” means the High Court or the family court.

Human Fertilisation and Embryology Act 2008 (c. 22)

206

In section 54(9)(a) of the Human Fertilisation and Embryology Act 2008 (parental orders: application of the Children Act 1989) for the words after “England and Wales” substitute

— (i) the court” means the High Court or the family court, and (ii) proceedings on the application are to be “family proceedings” for the purposes of the Children Act 1989,

.

Children and Families (Wales) Measure 2010 (nawm 1)

207

The Children and Families (Wales) Measure 2010 is amended as follows.

208

In section 34 (protection of children in an emergency)—

• (a) in subsection (1) (application to justice of the peace for emergency order) for “a justice of the peace” substitute “ the family court ”, and

• (b) In subsection (2) (grounds for granting application for emergency order) for “the justice”, in both places, substitute “ the court ”.

209

In section 43 (power of constable to assist in exercise of powers of entry)—

• (a) omit subsection (4) (which applies Schedule 11 to the Children Act 1989 to proceedings under section 43), and

• (b) in subsection (5) (meaning of “the court”) for the words after “High Court” substitute “ or the family court ”.

Part 2 — Repeals and revocations in consequence of Part 1 of this Schedule

210

The provisions specified in the table are repealed or revoked to the extent shown.

SCHEDULE 12

1

Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

2

After section 46A insert—

(46B) (1) An appeal lies to the Crown Court against a decision of a youth court made under this Part. (2) On an appeal under this section the Crown Court may make— (a) whatever orders are necessary to give effect to its determination of the appeal; (b) whatever incidental or consequential orders appear to it to be just. (3) An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a youth court) is to be treated for the purposes of section 42 as an order of a youth court.

3

In section 48 (rules of court in relation to injunctions under Part 4)—

• (a) in subsection (2) (rules of court may provide for appeal without notice) omit “of the High Court or county court”, and

• (b) in subsection (3) (decisions to which subsection (2) applies) for “applies to a decision” substitute

applies— (a) to a decision under section 39(4)(a) that an application without notice be dismissed, and (b) to a decision

.

4

In section 49(1) (interpretation of Part 4) after the definition of “court” insert—

“judge”, in relation to a youth court, means a person qualified to sit as a member of that court;

.

5

In paragraph 1(2) of Schedule 5 (courts' powers to remand person suspected of breaching injunction: meaning of “the court”)—

• (a) for “High Court or” substitute “ High Court, ”,

• (b) before “and includes” insert “ or a youth court ”,

• (c) omit the “and” following paragraph (a), and

• (d) at the end of paragraph (b) insert

, and (c) in relation to a youth court, a judge of that court.

6

Schedule 5A (breach of injunction: powers of court in respect of under-18s) is amended as follows.

7

• (1) Paragraph 1 (power to make supervision order or detention order) is amended as follows.

• (2) In sub-paragraph (1) (pre-conditions for making of supervision order or detention order)—

• (a) in paragraph (a) for “is” substitute “ has been ”,

• (b) before the “and” after paragraph (a) insert—

(aa) the person is still under the age of 18,

,

• (c) in paragraph (b) for “the court” substitute “ a youth court ”, and

• (d) in the words following paragraph (b) for “the court” substitute “ that court ”.

• (3) Omit sub-paragraph (3) (power to grant supervision order or detention order is in addition to any other power of the court in relation to breach of injunction).

• (4) In sub-paragraph (9) (interpretation of Schedule 5A) omit the definition of “appropriate court”.

8

In paragraph 4(11) (appropriate court may amend activity requirement in supervision order) for “the appropriate” substitute “ a youth ”.

9

In paragraph 5(5) (appropriate court may amend curfew requirement in supervision order) for “the appropriate” substitute “ a youth ”.

10

In paragraph 6(7) (appropriate court may amend electronic monitoring requirement in supervision order) for “the appropriate” substitute “ a youth ”.

11

In paragraph 8 (amendment of operative period of supervision order)—

• (a) in sub-paragraph (1) (appropriate court may amend operative period) for “The appropriate” substitute “ A youth ”, and

• (b) in sub-paragraph (2) (court may make other amendments when amending operative period) for “The court may,” substitute “ A youth court may, ”.

12

In paragraph 9(1) (change of area of residence of person subject to supervision order) for “the appropriate” substitute “ a youth ”.

13

In paragraph 10(1) and (4) (application for revocation of supervision order to be made to appropriate court, and any further such application requires that court's consent) for “the appropriate” substitute “ a youth ”.

14

In paragraph 12 (non-compliance with supervision order)—

• (a) in sub-paragraph (2) (injunction applicant may apply to appropriate court on being informed of non-compliance) for “the appropriate” substitute “ a youth ”,

• (b) omit sub-paragraph (5) (no power to make further order if defaulter is aged 18 or over), and

• (c) omit sub-paragraph (6) (powers to revoke supervision order etc are in addition to any other powers of court in relation to breach of supervision order).

15

In paragraph 15(1) and (4) (application for revocation of detention order to be made to appropriate court, and any further such application requires that court's consent) for “the appropriate” substitute “ a youth ”.

SCHEDULE 13

Part 1 — Judges of the Supreme Court: number and selection

Introductory

1

The Constitutional Reform Act 2005 is amended as follows.

Number of judges to become maximum full-time equivalent number

2

• (1) Section 23 (establishment of the Supreme Court) is amended as follows.

• (2) In subsection (2) (Supreme Court consists of 12 judges)—

• (a) for “12 judges appointed” substitute “ the persons appointed as its judges ”, and

• (b) after “by letters patent” insert “ , but no appointment may cause the full-time equivalent number of judges of the Court at any time to be more than 12 ”.

• (3) In subsection (3) (power to increase number of members of the Court) before “number” insert “ maximum full-time equivalent ”.

• (4) In subsection (7) (Court is duly constituted despite vacancy in membership or presiding offices) omit “among the judges of the Court or”.

• (5) After that subsection insert—

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

3

• (1) Section 26 (selection of members of the Supreme Court) is amended as follows.

• (2) In subsection (5) (Lord Chancellor to convene selection commission to fill any vacancy among the members, or in the presiding offices, of the Court) for “one of the offices mentioned in subsection (1),” substitute “ the office of President of the Court or in the office of Deputy President of the Court, ”.

• (3) After subsection (5) insert—

(5A) If— (a) the full-time equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and (b) the Lord Chancellor, or the senior judge of the Court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the Court, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended. (5B) In subsection (5A)(b) “the senior judge of the Court” means— (a) the President of the Court, or (b) if there is no President, the Deputy President, or (c) if there is no President and no Deputy President, the senior ordinary judge.

Selection of persons to be recommended for appointment to the Court

4

• (1) In section 27 (selection process) after subsection (1) insert—

(1A) The commission must have an odd number of members not less than five. (1B) The members of the commission must include— (a) at least one who is non-legally-qualified, (b) at least one judge of the Court, (c) at least one member of the Judicial Appointments Commission, (d) at least one member of the Judicial Appointments Board for Scotland, and (e) at least one member of the Northern Ireland Judicial Appointments Commission, and more than one of the requirements may be met by the same person's membership of the commission. (1C) If the commission is convened for the selection of a person to be recommended for appointment as President of the Court— (a) its members may not include the President of the Court, and (b) it is to be chaired by one of its non-legally-qualified members. (1D) If the commission is convened for the selection of a person to be recommended for appointment as Deputy President of the Court, its members may not include the Deputy President of the Court.

• (2) At the end of that section insert—

(11) For the purposes of this section a person is non-legally-qualified if the person— (a) does not hold, and has never held, any of the offices listed in Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), and (b) is not practising or employed as a lawyer, and never has practised or been employed as a lawyer.

5

After section 27 insert—

(27A) (1) The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court— (a) make further provision about membership of selection commissions convened under section 26, (b) make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and (c) secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor. (2) The regulations may in particular— (a) provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process; (b) make provision as to things that are, or as to things that are not, to be done by a selection commission— (i) as part of the selection process applied by it under section 27(1), or (ii) in determining what that process is to be; (c) provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection; (d) provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection; (e) give other functions to the Lord Chancellor; (f) provide for particular action to be taken by a selection commission after it has complied with section 27; (g) provide for the dissolution of a selection commission; (h) provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice— (i) as a member of a selection commission (including functions of chairing a selection commission), or (ii) in relation to the nomination or appointment of members of a selection commission; (i) provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission; (j) provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission; (k) provide for payment to a member of a selection commission of amounts by way of allowances or expenses; (l) make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b). (3) Before making regulations under this section the Lord Chancellor must consult— (a) the First Minister in Scotland, (b) the Northern Ireland Judicial Appointments Commission, (c) the First Minister for Wales, (d) the Lord President of the Court of Session, (e) the Lord Chief Justice of Northern Ireland, and (f) the Lord Chief Justice of England and Wales. (4) Regulations under this section— (a) may make different provision for different purposes; (b) may make transitory, transitional or saving provision. (5) In this section “the senior judge”, in relation to the Court, has the meaning given by section 26(5B).

Lord Chancellor’s guidance about selection process: procedure

6

After that section 27A insert—

(27B) (1) Before issuing any selection guidance the Lord Chancellor must— (a) consult the senior judge of the Supreme Court; (b) after doing so, lay a draft of the proposed guidance before each House of Parliament. (2) If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft. (3) In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance. (4) Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the senior judge of the Court. (5) Selection guidance comes into force on such date as the Lord Chancellor may appoint by order. (6) Where selection guidance is in force, the Lord Chancellor may revoke the guidance only by— (a) new selection guidance issued in accordance with the previous provisions of this section, or (b) an order made after consulting the senior judge of the Court. (7) In this section— - “40-day period” in relation to the draft of any proposed selection guidance means— 1. if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and 2. in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, - “the senior judge”, in relation to the Court, has the meaning given by section 26(5B); - “selection guidance” means guidance mentioned in section 27(9).

Consequential amendments, repeals and revocations

7

• (1) Omit—

• (a) section 27(2) and (3) and Parts 1 and 2 of Schedule 8 (selection commissions), and

• (b) sections 28 to 31 and 60(5) (detailed provision about selection process).

• (2) In section 26(3)(a) (person whose name is notified under section 29 must be recommended for appointment) for “whose name is notified to him under section 29” substitute “ who is selected as a result of the convening of a selection commission under this section ”.

• (3) For section 26(4) (person recommended for appointment as President or Deputy President must also be recommended for appointment as a judge if not already a judge of the Court) substitute—

(4) Where a person who is not a judge of the Court is recommended for appointment as President or Deputy President, the recommendation must also recommend the person for appointment as a judge.

• (4) For section 26(7) (cases where duty to convene a selection commission is suspended) substitute—

(7) Subsections (5) and (5A) are subject to Schedule 8 (cases where duty to convene a selection commission are suspended). (7A) For the purposes of this section and Schedule 8, a person is selected as a result of the convening of a selection commission if the person's selection is the final outcome of— (a) the selection process mentioned in section 27(1) being applied by the commission, and (b) any process provided for by regulations under section 27A being applied in the particular case.

• (5) In section 26(8) (application of sections 27 to 31) for “Sections 27 to 31 apply” substitute “ Section 27 applies ”.

• (6) In section 27(1)(a) (selection commission to determine selection process to be applied) after “applied” insert “ by it ”.

• (7) In section 27(4) (section 27(5) to (10) apply to selections under section 27 or 31) for “section 31” substitute “ regulations under section 27A ”.

• (8) In section 139(2)(a) (if confidential information is obtained for purposes of sections 26 to 31 it is not to be disclosed without lawful authority) for “to 31” substitute “ and 27 and regulations under section 27A ”.

• (9) In section 144(5) (subordinate legislation which may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament) before paragraph (a) insert—

(za) regulations under section 27A;

• (10) In section 144(6) (certain orders are not subject to parliamentary procedure)) after “an order under section” insert “ 27B(5), ”.

• (11) In paragraph 13(2) of Schedule 8 (end of suspension of duty to convene selection commission for office of Deputy President) for “the Lord Chancellor notifies a selection made by” substitute “ a person has been selected as a result of the convening of ”.

• (12) In paragraph 14(2) of that Schedule (end of suspension of duty to convene selection commission for office of judge) for “the Lord Chancellor notifies a selection made by” substitute “ a person has been selected as a result of the convening of ”.

8

In the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388) in Schedule 1 omit paragraph 110(a) and (b).

Part 2 — Diversity

Diversity considerations where candidates for judicial office are of equal merit

9

In section 27 of the Constitutional Reform Act 2005 (selection for appointment to Supreme Court to be on merit etc) after subsection (5) insert—

(5A) Where two persons are of equal merit— (a) section 159 of the Equality Act 2010 (positive action: recruitment etc) does not apply in relation to choosing between them, but (b) Part 5 of that Act (public appointments etc) does not prevent the commission from preferring one of them over the other for the purpose of increasing diversity within the group of persons who are the judges of the Court.

10

• (1) Section 63 of the Constitutional Reform Act 2005 (judicial appointments to be solely on merit) is amended as follows.

• (2) In subsection (1) (selections to which subsections (2) and (3) apply) for “and (3)” substitute “ to (4) ”.

• (3) After subsection (3) insert—

(4) Neither “solely” in subsection (2), nor Part 5 of the Equality Act 2010 (public appointments etc), prevents the selecting body, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within— (a) the group of persons who hold offices for which there is selection under this Part, or (b) a sub-group of that group.

Encouraging diversity

11

In Part 6 of the Constitutional Reform Act 2005 (other provisions relating to the judiciary) after section 137 insert—

(137A) Each of the Lord Chancellor and the Lord Chief Justice of England and Wales must take such steps as that office-holder considers appropriate for the purpose of encouraging judicial diversity.

Maximum numbers of judges to be by reference to full-time equivalent numbers

12

The Senior Courts Act 1981 is amended as follows.

13

• (1) Section 2 (the Court of Appeal) is amended as follows.

• (2) In subsection (1) (composition of the Court of Appeal) for “of ex-officio judges and not more than 38 ordinary judges” substitute

of— (a) ex-officio judges, and (b) ordinary judges, of whom the maximum full-time equivalent number is 38

.

• (3) In subsection (4) (power to increase maximum number of ordinary judges) for “maximum number” substitute “ maximum full-time equivalent number ”.

• (4) After subsection (6) insert—

(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.

14

• (1) Section 4 (the High Court) is amended as follows.

• (2) In subsection (1) (High Court to consist of ex-officio judges and not more than 108 puisne judges) for paragraph (e) substitute—

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

• (3) In subsection (4) (power to increase maximum number of puisne judges) for “maximum number” substitute “ maximum full-time equivalent number ”.

• (4) After subsection (6) insert—

(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.

15

In section 10(2) (power to appoint judges is subject to maximum numbers in sections 2(1) and 4(1)) before “numbers” insert “ full-time equivalent ”.

Part 3 — Judicial Appointments Commission

Introductory

16

Part 1 of Schedule 12 to the Constitutional Reform Act 2005 (the members of the Judicial Appointments Commission) is amended as follows.

Composition of the Judicial Appointments Commission

17

In paragraph 1 (Commission consists of lay chairman and 14 other Commissioners) for paragraph (b) substitute—

(b) such number of other Commissioners as the Lord Chancellor may specify by regulations made with the agreement of the Lord Chief Justice,

.

18

Omit paragraphs 2(2) to (5) and 4 to 6 (Commissioners other than the lay chairman are to be drawn in specified proportions from among judicial office holders, practising lawyers and lay persons).

19

After paragraph 3 (civil servants may not be appointed as Commissioners) insert—

(3A) The number of Commissioners who are holders of judicial office must be less than the number of Commissioners (including the chairman) who are not holders of judicial office. (3B) (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the composition of the Commission. (2) The power to make regulations under this paragraph is to be exercised so as to ensure that the Commission's members include— (a) holders of judicial office, (b) persons practising or employed as lawyers, and (c) lay members. (3) Regulations under this paragraph may (in particular)— (a) make provision about the number, maximum number or minimum number of Commissioners of a particular description; (b) make provision about eligibility for appointment as a Commissioner, eligibility for appointment as the chairman or eligibility for appointment as a Commissioner of a particular description.” (3C) The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice— (a) define “lay member”, in relation to the Commission, for the purposes of this Part of this Act; (b) define “holder of judicial office” for the purposes of paragraphs 3A, 3B(2)(a), 11 and 20(5).

Selection of Commissioners

20

For paragraphs 7 to 10 (selection of Commissioners) substitute—

(6A) (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision for or in connection with the selection or nomination of persons to be recommended for appointment under paragraph 1. (2) Regulations under this paragraph may (in particular)— (a) provide for selection or nomination to be by a person, or body, specified in or appointed under the regulations; (b) make provision about selection procedure, including— (i) provision for a selector to determine the selector's own procedure or for selection procedure to be otherwise determined under the regulations; (ii) provision as to matters to which a selector is to, or may or may not, have regard; (iii) provision requiring that selection is carried out with a view to ensuring that there is a Commissioner with special knowledge of a particular geographical area or of a particular matter; (c) make provision for the payment to selectors of remuneration, fees or expenses. (6B) The powers to make regulations under this Part of this Schedule are to be exercised with a view to ensuring, so far as may be practicable, that the Commissioners who are lay members include at any time at least one person who appears to have special knowledge of Wales.

21

• (1) Paragraph 11 (vice-chairman) is amended as follows.

• (2) In sub-paragraph (1) (most senior judicial member is vice-chairman) for “Commissioner who is the most senior of the persons appointed as judicial members” substitute “ most senior of the holders of judicial office who are Commissioners ”.

• (3) In sub-paragraph (2) (meaning of seniority for the purposes of sub-paragraph (1)) for the words after “sub-paragraph (1)” substitute “ seniority is to be determined in accordance with regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice. ”

• (4) In sub-paragraph (3) (exercise by vice-chairman of functions of chairman) for the words from “other” to the end substitute

other than— (a) any functions as a member of a commission convened under section 26(5) or (5A) or of a panel appointed under section 70(1), 75B(1) or 79(1) (including functions of chairing such a commission or panel), and (b) any functions specified in regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.

Commissioners’ terms of office

22

For paragraph 13 (maximum term of office for a Commissioner) substitute—

(13) (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the periods for which a Commissioner may be appointed or hold office. (2) Regulations under this paragraph may (in particular) make provision about— (a) the number of times a person may be appointed as a Commissioner; (b) the length of any particular appointment; (c) the total length of a person's appointments or the total period for which a person may hold office as a Commissioner.

23

For sub-paragraphs (1) and (2) of paragraph 14 (person ceases to be a Commissioner on ceasing, for certain reasons, to be eligible for appointment) substitute—

(1) The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice— (a) provide for a Commissioner to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner; (b) provide for a Commissioner other than the chairman to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner of a particular description; (c) provide for the chairman— (i) to cease to be the chairman without ceasing to be a Commissioner, or (ii) to cease to be the chairman and cease to be a Commissioner, on ceasing, or on ceasing for a particular reason, to be eligible for appointment as the chairman; (d) confer power to disapply or suspend the operation of provision under paragraph (a), (b) or (c) in individual cases.

Supplementary amendments

24

After paragraph 17 insert—

(17A) Regulations under this Part of this Schedule may— (a) make different provision for different purposes; (b) include transitional or transitory provision or savings.

25

In Part 2 of Schedule 12 to the Constitutional Reform Act 2005 (Judicial Appointments Commission) in paragraph 20(5) (committee to which Commission delegates a selection function must include at least one judicial member and one lay member) for “judicial member and” substitute “ who is a holder of judicial office and at least ”.

26

In section 122 of that Act (interpretation of Part 4) for the definition of “lay member” substitute—

“lay member”, in relation to the Commission, has such meaning as may be given by regulations under paragraph 3C(a) of Schedule 12;

.

27

In section 144(5)(e) of that Act (orders under paragraph 5 of Schedule 12 are subject to affirmative parliamentary procedure) for “an order under paragraph 5” substitute “ regulations under Part 1 ”.

Consequential repeal of other legislation

28

In Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 omit paragraph 65 (which amended paragraph 2 of Schedule 12 to the Constitutional Reform Act 2005).

Part 4 — Judicial appointments: selection, and transfer of powers of Lord Chancellor

Appointments by Her Majesty on Lord Chancellor’s recommendation but where selection is to be reported to Lord Chief Justice or Senior President of Tribunals

29

• (1) Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.

• (2) The table in Part 1 (appointments by Her Majesty on the Lord Chancellor's recommendation) becomes Table 1 of that Part called “ Appointments where the Commission reports to the Lord Chancellor ”.

• (3) Move the entries for the following offices from Table 1 of Part 1 to form Table 2 of that Part called “Appointments where the Commission reports to the Lord Chief Justice” (and with the same column headings)—

• Circuit judge

• Recorder

• Master, Queen's Bench Division

• Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

• Admiralty Registrar

• Master, Chancery Division

• Registrar in Bankruptcy of the High Court

• Taxing Master of the Senior Courts

• District judge of the principal registry of the Family Division

• Senior Master of the Queen's Bench Division

• Chief Chancery Master

• Chief Taxing Master

• Chief Bankruptcy Registrar

• Senior District Judge of the Family Division

• District judge

• District Judge (Magistrates' Courts) appointed under section 22(1) of the Courts Act 2003

• Senior District Judge (Chief Magistrate) designated under section 23 of that Act

• Deputy Senior District Judge (Chief Magistrate) designated under that section

• (4) In Table 1 of Part 1 omit the entries for the following former offices—

• Senior District Judge (Chief Magistrate) designated under subsection (2) of section 10A of the Justices of the Peace Act 1997

• Deputy Senior District Judge (Chief Magistrate) designated under that subsection

• (5) Move the entry for the following office from Table 1 of Part 1 to form Table 3 of that Part called “Appointments where the Commission reports to the Senior President of Tribunals” (and with the same column headings)—

30

• (1) Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 (judges and other members of the Upper Tribunal) is amended as follows.

• (2) In paragraph 1(2)(d) (eligibility for appointment as judge based on experience gained in law) for “Lord Chancellor's opinion” substitute “ opinion of the Senior President of Tribunals ”.

• (3) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

Recommended appointments: further provisions

31

In section 16 of the Courts Act 1971 (appointment of Circuit judges) omit subsection (4) (health).

32

• (1) Section 21 of the Courts Act 1971 (appointment of Recorders) is amended as follows.

• (2) In subsection (5) (neither initial term nor extension under subsection (4) may extend appointment beyond judicial retirement age) for “(4)” substitute “ (4A) ”.

• (3) After subsection (7) insert—

(8) Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a Recorder in accordance with the terms of the person's appointment, and those terms (including the terms specified under subsection (3)) are (subject to subsection (4)) to be such as the Lord Chancellor may determine. (9) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (4) or (4C).

• (4) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of Lord Chancellor) in the entries for the Courts Act 1971 for “Section 21(2), (4) and (7)” substitute “ Section 21 ”.

33

In section 89(4) of the Senior Courts Act 1981 (additional offices and duties of Senior Master appointed under subsection (3)(a)) for “under subsection (3)(a)” substitute “ of the Queen's Bench Division ”.

Deputy Circuit judges to be appointed by Lord Chief Justice

34

• (1) Section 24 of the Courts Act 1971 (deputy Circuit judges and assistant Recorders) is amended as follows.

• (2) In subsection (1) (appointment to facilitate disposal of certain business) for “a county court” substitute “ county court or any other court or tribunal to which a person appointed under this subsection may be deployed ”.

• (3) In subsection (1)(a) (Lord Chancellor's power to appoint deputy circuit judges) for “Lord Chancellor may, with the concurrence of the Lord Chief Justice,” substitute “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”.

• (4) In subsection (1A) (appointment as deputy Circuit judge not to be such as to continue beyond person's 75th birthday) after “such as to” insert “ , or be extended under subsection (5B) below so as to, ”.

• (5) After subsection (5) (remuneration) insert—

(5A) A person may be removed from office as a deputy Circuit judge— (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) a ground specified in the person's terms of appointment. (5B) Subject to subsections (1A) and (5C), the Lord Chancellor must extend the period of a person's appointment as a deputy Circuit judge (including a period already extended under this subsection) before its expiry; and for this purpose a person appointed to be a deputy Circuit judge on certain occasions is to be treated as having been appointed for a period that expires when the occasions end. (5C) Extension under subsection (5B)— (a) requires the person's agreement, (b) is to be for such period as the Lord Chancellor thinks fit, and (c) may be refused on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment, but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms. (5D) Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy Circuit judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (6) In subsection (6) (Lord Chief Justice's power to delegate under section 24(1)(a))—

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

• (b) after “subsection (1)(a)” insert “ or (5A)(a) ”.

• (7) In Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 71(2)(c) (superseded amendment of section 24(1)(a) of the Courts Act 1971).

Deputy and temporary Masters etc to be appointed by Lord Chief Justice

35

• (1) Section 91 of the Senior Courts Act 1981 (deputy and temporary Masters, Registrars etc of the High Court) is amended as follows.

• (2) In subsection (1) (Lord Chancellor's power of appointment)—

• (a) for “the Lord Chancellor”, in the first place, substitute “ the Lord Chief Justice ”, and

• (b) after “to facilitate the disposal of business in the Senior Courts” insert “ or any other court or tribunal to which a person appointed under this subsection may be deployed ”.

• (3) For subsection (1ZA) (if person to be appointed is a current or former holder of certain judicial offices, Lord Chief Justice must concur) substitute—

(1ZA) The Lord Chief Justice may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chancellor.

• (4) After subsection (6) (remuneration) insert—

(6A) A person appointed under subsection (1) may be removed from office— (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) a ground specified in the person's terms of appointment. (6B) Subject to subsection (6C), the period of a person's appointment under subsection (1) (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry; and for this purpose a person appointed under subsection (1) to act under this section on certain occasions is to be treated as having been appointed for a period that expires when the occasions end. (6C) Extension under subsection (6B)— (a) requires the person's agreement, (b) is to be for such period as the Lord Chancellor thinks fit, and (c) may be refused on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment, but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms. (6D) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under subsection (1) is to hold and vacate office in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (5) In subsection (7) (delegation of functions by Lord Chief Justice)—

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

• (b) for “subsection (1ZA)” substitute “ subsection (1) or (6A)(a) ”.

• (6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of Lord Chancellor) in the entries for the Senior Courts Act 1981 for “Section 91(1), (1A) and (6)” substitute “ Section 91 ”.

• (7) In consequence of the previous provisions of this paragraph, in the Tribunals, Courts and Enforcement Act 2007 omit sections 57(2)(a) and (5) and 144(5).

Deputy district judges to be appointed by Lord Chief Justice

36

• (1) Section 102 of the Senior Courts Act 1981 (deputy district judges for the High Court) is amended as follows.

• (2) In subsection (1) (Lord Chancellor's power of appointment)—

• (a) for “Lord Chancellor” substitute “ Lord Chief Justice ”, and

• (b) after “to facilitate the disposal of business in the High Court” insert “ or any other court or tribunal to which a person appointed under this subsection may be deployed ”.

• (3) In subsection (1B) (Lord Chief Justice's concurrence needed in certain cases) for “Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice” substitute “ Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor ”.

• (4) After subsection (5) (remuneration) insert—

(5ZA) A person appointed under this section may be removed from office as a deputy district judge— (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) a ground specified in the person's terms of appointment. (5ZB) Subject to subsection (5ZC), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry. (5ZC) Extension under subsection (5ZB)— (a) requires the person's agreement, (b) is to be for such term as the Lord Chancellor thinks fit, and (c) may be refused on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment, but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms. (5ZD) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine. (5ZE) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (5ZA)(a).

• (5) In subsection (5A) (delegation of Lord Chief Justice's functions) omit “(1B) or”.

• (6) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of Lord Chancellor) in the entries for the Senior Courts Act 1981 for “Section 102(1)” substitute “ Section 102 ”.

37

• (1) Section 8 of the County Courts Act 1984 (deputy district judges for the county court) is amended as follows.

• (2) In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) In subsection (1ZB) (Lord Chief Justice's concurrence needed in certain cases) for “Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice” substitute “ Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor ”.

• (4) In subsection (1A) (ages beyond which appointments may not extend) in each of paragraphs (a) and (b) after “shall not be such as to” insert “ , or be extended under subsection (3B) so as to, ”.

• (5) After subsection (3) (remuneration) insert—

(3A) A person appointed under this section may be removed from office as a deputy district judge— (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) a ground specified in the person's terms of appointment. (3B) Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry. (3C) Extension under subsection (3B)— (a) requires the person's agreement, (b) is to be for such term as the Lord Chancellor thinks fit, and (c) may be refused on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment, but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms. (3D) Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine. (3E) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).

• (6) In subsection (4) (delegation of Lord Chief Justice's functions) omit “(1ZB) or”.

• (7) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of Lord Chancellor) in the entries for the County Courts Act 1984 for “Section 8(1) and (3)” substitute “ Section 8 ”.

Deputy District Judges (Magistrates’ Courts) to be appointed by Lord Chief Justice

38

• (1) Section 24 of the Courts Act 2003 (Deputy District Judges (Magistrates' Courts)) is amended as follows.

• (2) In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor”, in the first place, substitute “ Lord Chief Justice ”.

• (3) For subsection (4) (removal from office to be by Lord Chancellor with concurrence of Lord Chief Justice but only on ground of incapacity or misbehaviour) substitute—

(4) A person may be removed from office as a Deputy District Judge (Magistrates' Courts)— (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) a ground specified in the person's terms of appointment. (4A) Subject to subsection (4B), the period of a person's appointment under this section (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry. (4B) Extension under subsection (4A)— (a) requires the person's agreement, (b) is to be for such period as the Lord Chancellor considers appropriate, and (c) may be refused on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment, but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms. (4C) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a Deputy District Judge (Magistrates' Courts) in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine. (4D) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (4)(a).

• (4) In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of Lord Chancellor) in the entries for the Courts Act 2003 at the appropriate place insert “ Section 24 ”.

Lay justices to be appointed by Lord Chief Justice

39

• (1) Section 10 of the Courts Act 2003 (justices of the peace who are not District Judges (Magistrates' Courts)) is amended as follows.

• (2) In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) After that subsection insert—

(1A) Subject to the following provisions of this section and to sections 11 to 15, a person appointed under subsection (1) is to hold and vacate office as a justice of the peace in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (4) After subsection (2) insert—

(2ZA) The Lord Chief Justice must ensure that arrangements for the exercise, so far as affecting any local justice area, of the function under subsection (1) include arrangements for consulting persons appearing to the Lord Chief Justice to have special knowledge of matters relevant to the exercise of that function in relation to that area.

• (5) In subsection (2A) (Lord Chancellor to ensure local consultation takes place in relation to the exercise of functions under subsections (1) and (2)) for “subsections (1) and” substitute “ subsection ”.

• (6) After subsection (6) insert—

(6A) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (1).

• (7) In subsection (7) (delegation of Lord Chief Justice's functions) after “subsection (2)” insert “ , (2ZA) ”.

Transfer of appointment powers to Lord Chief Justice: further provisions

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

• (1) Schedule 14 to that Act (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.

• (2) For the title of Part 2 substitute “Court-related appointments”.

• (3) The table in Part 2 (appointments by the Lord Chancellor) becomes Table 1 of that Part called “ Appointments by the Lord Chancellor ”.

• (4) Move the entries for the following offices from Table 1 of Part 2 to form Table 2 of that Part called “Appointments by the Lord Chief Justice” (and with the same column headings)—

• Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Senior Courts Act 1981

• Deputy district judge appointed under section 102(1) of that Act

• Deputy district judge appointed under section 8(1) of the County Courts Act 1984

• Justice of the Peace appointed under section 10(1) of the Courts Act 2003 (justices of the peace other than District Judges (Magistrates' Courts))

• Deputy District Judge (Magistrates' Courts) appointed under section 24(1) of the Courts Act 2003

• (5) In Table 2 of Part 2, in the first of the entries moved by this paragraph to form that table, omit “by the Lord Chancellor”.

• (6) In Table 1 of Part 2 omit the entry for the following former office—

Senior President of Tribunals to make certain appointments to First-tier and Upper Tribunals

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The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

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In section 7(7) (Lord Chancellor's power to appoint Chamber Presidents for the First-tier Tribunal or the Upper Tribunal) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

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• (1) In section 8 (power of Senior President of Tribunals to delegate) after subsection (1) insert—

(1A) A function under paragraph 1(1) or 2(1) of Schedule 2 may be delegated under subsection (1) only to a Chamber President of a chamber of the Upper Tribunal.

• (2) In section 8(2) (functions which the Senior President of Tribunals may not delegate) for “under section 7(9)” substitute

under any of the following— section 7(7); section 7(9); paragraph 2(1) of Schedule 3; paragraph 7(1) of Schedule 3; paragraph 2 of Schedule 4; paragraph 5(1) and (3) of Schedule 4; paragraph 5(5) to (8) of Schedule 4; paragraph 5A(2)(a) of Schedule 4; paragraph 5A(3)(a) of Schedule 4.

• (3) In section 46 (delegation of functions by Lord Chief Justice etc) after subsection (6) insert—

(7) In Schedules 2 to 4 “senior judge” means— (a) the Lord Chief Justice of England and Wales, (b) the Lord President of the Court of Session, (c) the Lord Chief Justice of Northern Ireland, or (d) the Senior President of Tribunals.

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• (1) Schedule 2 (judges and other members of the First-tier Tribunal) is amended as follows.

• (2) In paragraphs 1(1) and 2(1) (Lord Chancellor's power to appoint) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

• (3) In paragraph 1(2)(d) (eligibility for appointment as judge based on experience gained in law) for “Lord Chancellor's opinion” substitute “ opinion of the Senior President of Tribunals ”.

• (4) In paragraph 1(3) (meaning of “gain experience in law”) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

• (5) In paragraph 4 (terms of appointment) after sub-paragraph (2) (salaried appointee may be removed from office only by Lord Chancellor and only on ground of inability or misbehaviour) insert—