Crime and Courts Act 2013

(2A) If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office— (a) only by the Lord Chancellor (and in accordance with paragraph 3), and (b) only on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment. (2B) If the period (or extended period) for which the person is appointed ends before— (a) the day on which the person attains the age of 70, or (b) if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case, then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends. (2C) Extension under sub-paragraph (2B)— (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 a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

• (6) In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate office in accordance with terms of appointment)—

• (a) for “sub-paragraph (2) (and” substitute “ the preceding provisions of this paragraph (but subject in the first place ”, and

• (b) after “appointment” insert “ , which are to be such as the Lord Chancellor may determine ”.

46

• (1) Schedule 3 (judges and other members of the Upper Tribunal) is amended as follows.

• (2) In paragraph 2(1) (Lord Chancellor's power to appoint other members of the Upper Tribunal) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

• (3) In paragraph 3(1) (removal from office) before the “or” at the end of paragraph (b) insert—

(ba) a person who is a deputy judge of the Upper Tribunal (whether by appointment under paragraph 7(1) or as a result of provision under section 31(2)),

.

• (4) 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—

(2A) If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office— (a) only by the Lord Chancellor (and in accordance with paragraph 3), and (b) only on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment. (2B) If the period (or extended period) for which the person is appointed ends before— (a) the day on which the person attains the age of 70, or (b) if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case, then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends. (2C) Extension under sub-paragraph (2B)— (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 a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

• (5) In paragraph 4(3) (subject to sub-paragraph (2), person to hold and vacate office in accordance with terms of appointment)—

• (a) for “sub-paragraph (2) (and” substitute “ the preceding provisions of this paragraph (but subject in the first place ”, and

• (b) after “appointment” insert “ , which are to be such as the Lord Chancellor may determine ”.

• (6) In paragraph 7(1) (Lord Chancellor may appoint deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate) for “Lord Chancellor”, in the first place, substitute “ Senior President of Tribunals ”.

• (7) In paragraph 7(3) (persons to whom paragraph 7(4) and (5) apply) for “Sub-paragraphs (4) and (5)” substitute “ The following provisions of this paragraph ”.

• (8) For paragraph 7(4) (person to hold and vacate office in accordance with terms of appointment) substitute—

(3A) The person may be removed from office— (a) only by the Lord Chancellor (and in accordance with paragraph 3), and (b) only on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment. (3B) If the period (or extended period) for which the person is appointed ends before— (a) the day on which the person attains the age of 70, or (b) if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case, then, subject to sub-paragraph (3C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends. (3C) Extension under sub-paragraph (3B)— (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 a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms. (4) Subject to the previous provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person's terms of appointment, which are to be such as the Lord Chancellor may determine.

47

• (1) Schedule 4 (chambers, and chamber presidents, for the First-tier Tribunal or the Upper Tribunal) is amended as follows.

• (2) In the italic headings before each of paragraphs 1 and 2 for “by Lord Chancellor” substitute “ under section 7(7) ”.

• (3) In paragraph 2(1) (duty to consult before appointing senior court judge as chamber president) for “Lord Chancellor must consult the Senior President of Tribunals before the Lord Chancellor” substitute “ Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals ”.

• (4) In paragraph 2(2) to (4) (which relate to the power under section 7(7)) for “Lord Chancellor”, in each place, substitute “ Senior President of Tribunals ”.

• (5) In paragraph 2 after sub-paragraph (4) insert—

(4A) The Senior President of Tribunals may make a request under sub-paragraph (2), (3) or (4) only with the Lord Chancellor's concurrence.

• (6) In paragraph 2(5) (judge nominated must be appointed as Chamber President) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

• (7) In paragraph 3(1) (Chamber President to hold and vacate office in accordance with terms of appointment)—

• (a) for “(subject” substitute “ but subject to paragraph 5A (and subject in the first place ”, and

• (b) at the end insert “ , and those terms are to be such as the Lord Chancellor may determine. ”

• (8) In paragraph 5(1) (Lord Chancellor's power to appoint Deputy Chamber Presidents for the First-tier or Upper Tribunal) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

• (9) In paragraph 5(3) and (5) to (7) (which relate to the power under paragraph 5(1)) for “Lord Chancellor”, in each place, substitute “ Senior President of Tribunals ”.

• (10) In paragraph 5(3)(a) (duty to consult Senior President of Tribunals) for “Senior President of Tribunals” substitute “ Lord Chancellor ”.

• (11) In paragraph 5 after sub-paragraph (7) insert—

(7A) The Senior President of Tribunals may make a request under sub-paragraph (5), (6) or (7) only with the Lord Chancellor's concurrence.

• (12) In paragraph 5(8) (judge nominated must be appointed as Deputy Chamber President) for “Lord Chancellor” substitute “ Senior President of Tribunals ”.

• (13) In paragraph 5(9) (Deputy Chamber President to hold and vacate office in accordance with terms of appointment)—

• (a) for “(subject” substitute “ but subject to paragraph 5A (and subject in the first place ”, and

• (b) at the end insert “ , and those terms are to be such as the Lord Chancellor may determine. ”

• (14) After paragraph 5 insert—

(5A) (1) This paragraph applies to a person— (a) appointed under section 7(6) or (7) as a Chamber President, or (b) appointed under paragraph 5(1) or (2) as a Deputy Chamber President of a chamber. (2) If the terms of the person's appointment provide that the person is appointed otherwise than on a fee-paid basis, the person may be removed from office— (a) only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and (b) only on the ground of inability or misbehaviour. (3) If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office— (a) only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and (b) only on— (i) the ground of inability or misbehaviour, or (ii) a ground specified in the person's terms of appointment. (4) If the period (or extended period) for which the person is appointed ends before— (a) the day on which the person attains the age of 70, or (b) if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case, then, subject to sub-paragraph (5), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends. (5) Extension under sub-paragraph (4)— (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 a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

48

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

49

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

• (2) For the title of Part 3 substitute “Tribunal-related and other appointments”.

• (3) The table in Part 3 (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 3 to form Table 2 of that Part called “Appointments by the Senior President of Tribunals” (and with the same column headings)—

• Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act

• Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to that Act

• Other member of the First-tier Tribunal by appointment under paragraph 2(1) of that Schedule

• Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to that Act

• Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of that Schedule

• Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to that Act

• (5) In the entry in Part 3 for Deputy Chief Coroner appointed under paragraph 2(5) of Schedule 8 to the Coroners and Justice Act 2009, for “2(5)” substitute “ 2(6) ”.

• (6) In paragraph 51 of Schedule 21 to the Coroners and Justice Act 2009 (which inserts entries at the end of Part 3 of Schedule 14 to the 2005 Act)—

• (a) after “at the end of” insert “ Table 1 of ”, and

• (b) for “2(5)” substitute “ 2(6) ”.

(Accordingly, the power to commence that paragraph 51 becomes a power to commence it as amended by this sub-paragraph.)

Appointments by Lord Chief Justice or Senior President of Tribunals: equalities provisions

50

• (1) Section 50 of the Equality Act 2010 (public offices: appointments, etc) is amended as follows.

• (2) In subsection (2) (meaning of “public office”) after paragraph (c) insert—

(d) an office or post, appointment to which is made by the Lord Chief Justice or the Senior President of Tribunals.

• (3) In each of subsections (3) to (6), (9) and (11)(b) (offices within subsection (2)(a) or (b)) for “or (b)” substitute “ , (b) or (d) ”.

51

• (1) Section 51 of the Equality Act 2010 (public offices: recommendations for appointments, etc) is amended as follows.

• (2) In subsections (1) to (4) (which apply to an office within section 50(2)(a) or (b)) for “or (b)” substitute “ , (b) or (d) ”.

• (3) In subsection (5) (interpretation) after “50(2)(a)” insert “ or (d) ”.

Certain deployments to the High Court to be made from pool of selected judges

52

In section 9 of the Senior Courts Act 1981 (which includes provision for requesting certain judges to act as judges of other courts) after subsection (2C) insert—

(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.

Main change in selection process

53

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

• (2) Omit—

• (a) sections 71 to 75 (selection for appointment of Lord Chief Justice or Head of Division),

• (b) sections 75C to 75G (selection for appointment of Senior President of Tribunals),

• (c) sections 80 to 84 (selection for appointment of ordinary judge of the Court of Appeal),

• (d) sections 89 to 93 (selection for appointment of puisne judge of the High Court or to an office listed in Schedule 14), and

• (e) section 96 (effect of acceptance of selection).

• (3) Before section 95 (but after the italic heading preceding that section) insert—

(94C) (1) The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice— (a) make further provision about the process to be applied in a case where the Commission receives a request under section 87; (b) make further provision about— (i) membership of selection panels appointed under section 70, 75B or 79, and (ii) the process that is to be applied in a case where a selection panel is required to be appointed under section 70, 75B or 79; (c) secure, subject to section 95 and any provision within subsection (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) 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 appropriate authority. (2) The regulations may in particular— (a) provide for process additional to the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), including post-acceptance process; (b) make provision as to things that are, or as to things that are not, to be done— (i) as part of the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), or (ii) in determining what that process is to be; (c) provide for selection on a request under section 87 to be from among persons identified under section 94 in response to advance notice of the request; (d) provide for section 88(1)(c) not to apply where, or to the extent that, the Commission decides that the selection process applied under section 88(1) has not identified candidates of sufficient merit for it to comply with section 88(1)(c); (e) give functions to the Lord Chancellor, including— (i) power to require a selection panel to reconsider a selection under section 70(2), 75B(2) or 79(2) or any subsequent selection, (ii) power to reject a selection under section 70(2) or any subsequent selection, (iii) power to reject a selection under section 75B(2) or 79(2) or any subsequent selection, (iv) power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and (v) power to require the reconsideration of a decision mentioned in paragraph (d); (f) give functions to the Lord Chief Justice in connection with selection for an office listed in Table 2 of Part 1 or 2 of Schedule 14 or in connection with selection for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, including— (i) power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and (ii) power to require the reconsideration of a decision mentioned in paragraph (d); (g) give functions to the Senior President of Tribunals in connection with selection for an office listed in Table 3 of Part 1, or Table 2 of Part 3, of Schedule 14, including— (i) power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and (ii) power to require the reconsideration of a decision mentioned in paragraph (d); (h) make provision for or in connection with duties mentioned in section 51 of the Equality Act 2010 being duties of the Lord Chief Justice, or Senior President of Tribunals, in relation to an office within Table 2 or 3 of Part 1 of Schedule 14; (i) provide for particular action to be taken by the Commission or a selection panel after the panel has complied with section 70, 75B or 79; (j) provide for particular action to be taken by the Commission after a selection has been made on a request under section 87; (k) provide for the dissolution of a selection panel appointed under section 70, 75B or 79; (l) 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 such a panel (including functions of chairing such a panel), or (ii) in relation to the nomination or appointment of members of such a panel; (m) provide for a person to cease to be a member of such a panel where the person's membership of the panel ceases to contribute to meeting a requirement about the panel's members; (n) provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person's membership of the panel ceases to contribute to meeting a requirement about the panel's members; (o) make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected; (p) provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions given to the Lord Chief Justice by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (f)); (q) make provision prohibiting or restricting delegation by the Senior President of Tribunals of functions given to the Senior President of Tribunals by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (g)); (r) make provision as to the meaning of “non-legally-qualified” and “judicial member” in sections 70, 75B and 79. (3) Regulations under this section— (a) may make different provision for different purposes; (b) may make transitory, transitional or saving provision. (4) In subsection (1)(c) “the appropriate authority” means— (a) the Lord Chancellor where the selection— (i) is on a request under section 69 or 78, (ii) relates to the office of Senior President of Tribunals or puisne judge of the High Court, or (iii) relates to an office listed in Table 1 of Part 1, 2 or 3 of Schedule 14; (b) the Lord Chief Justice where the selection relates to an office listed in Table 2 of Part 1 or 2 of that Schedule; (c) the Senior President of Tribunals where the selection relates to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of that Schedule. (5) This section is subject to section 95.

Other changes in relation to selection process and complaints

54

The Constitutional Reform Act 2005 is amended as follows.

55

In section 66(1)(a) (Lord Chancellor to consult Lord Chief Justice before issuing guidance about selection procedures) for “consult” substitute “ obtain the agreement of ”.

56

In section 67 (sections 68 to 75 apply in relation to appointment of Lord Chief Justice or Head of Division)—

• (a) in subsection (1) for “75” substitute “ 70 ”, and

• (b) in subsection (2) for “96” substitute “ 94C and regulations made under it ”.

57

In section 69 (sections 70 to 75 apply where request made under section 69)—

• (a) in subsection (4) for “Sections 70 to 75 apply” substitute “ Section 70 applies ”, and

• (b) in subsection (5) for “Those sections are” substitute “ That section is ”.

58

• (1) Section 70 (process for selecting person to be recommended for appointment as Lord Chief Justice or Head of Division) is amended as follows.

• (2) After subsection (1) insert—

(1A) The panel must have an odd number of members not less than five. (1B) The members of the panel must include— (a) at least two who are non-legally-qualified, (b) at least two judicial members, and (c) at least two members of the Commission, and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel. (1C) The members of the panel may not include the current holder of the office for which a selection is to be made. (1D) If the panel is convened for the selection of a person to be recommended for appointment as Lord Chief Justice, it is to be chaired by one of its non-legally-qualified members.

• (3) In subsection (2)(a) (panel to determine selection process to be applied) after “applied” insert “ by it ”.

• (4) Omit subsection (2A) (steps that are to be part of selection process).

• (5) In subsection (4) (subsection (3) applies to selection under section 70 or 75) for “section 75” substitute “ regulations under section 94C ”.

• (6) Omit subsection (5) (if practicable, panel to consult current holder of office).

59

In section 75A (sections 75B to 75G apply where request made under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007)—

• (a) in subsection (1) for “Sections 75B to 75G apply” substitute “ Section 75B applies ”, and

• (b) in subsection (2) for “Those sections are” substitute “ That section is ”.

60

• (1) Section 75B (process for selecting person to be recommended for appointment as Senior President of Tribunals) is amended as follows.

• (2) After subsection (1) insert—

(1A) The panel must have an odd number of members not less than five. (1B) The members of the panel must include— (a) at least two who are non-legally-qualified, (b) at least two judicial members, and (c) at least two members of the Commission, and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel. (1C) The members of the panel may not include the Senior President of Tribunals.

• (3) In subsection (2)(a) (panel to determine selection process to be applied) after “applied” insert “ by it ”.

• (4) In subsection (5) (subsection (4) applies to selection under section 75B or 75G) for “section 75G” substitute “ regulations under section 94C ”.

61

In section 76 (sections 77 to 84 apply in relation to appointment of ordinary judges of the Court of Appeal)—

• (a) in subsection (1) for “84” substitute “ 79 ”, and

• (b) in subsection (2) for “96” substitute “ 94C and regulations made under it ”.

62

In section 78 (sections 79 to 84 apply where request made under section 78)—

• (a) in subsection (4) for “Sections 79 to 84 apply” substitute “ Section 79 applies ”, and

• (b) in subsection (5) for “Those sections are” substitute “ That section is ”.

63

• (1) Section 79 (process for selecting person to be recommended for appointment as ordinary judge of Court of Appeal) is amended as follows.

• (2) After subsection (1) insert—

(1A) The panel must have an odd number of members not less than five. (1B) The members of the panel must include— (a) at least two who are non-legally-qualified, (b) at least two judicial members, and (c) at least two members of the Commission, and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

• (3) In subsection (2)(a) (panel to determine selection process to be applied) after “applied” insert “ by it ”.

• (4) In subsection (4) (subsection (3) applies to selection under section 79 or 84) for “section 84” substitute “ regulations under section 94C ”.

64

• (1) Section 85 (sections 86 to 93 apply in relation to appointment of puisne judges of the High Court or to offices listed in Schedule 14) is amended as follows.

• (2) In subsection (1)—

• (a) for “93” substitute “ 88 ”,

• (b) in paragraph (c) before “Part 2 or 3” insert “ Table 1 of ”, and

• (c) after paragraph (c) insert—

(d) an appointment to an office listed in Table 2 of Part 2 of that Schedule in exercise of the Lord Chief Justice's function under the enactment listed opposite that office; (e) an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise of the function of the Senior President of Tribunals under the enactment listed opposite that office.

• (3) In subsection (2) for “96” substitute “ 94C and regulations made under it ”.

• (4) After subsection (4) insert—

(5) The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order. (6) An office may not be specified in an order under subsection (5) if— (a) the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies the single condition specified in the provisions, and (b) that condition is one of the conditions listed in subsection (8). (7) An office may not be specified in an order under subsection (5) if— (a) the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies one or some other particular number or all, or at least one or at least some other particular number, of several conditions specified in the provisions, and (b) at least one of the conditions specified in the provisions is listed in subsection (8). (8) The conditions are— (a) that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number); (b) that the person is a solicitor in Scotland of at least a particular number of years' standing; (c) that the person is an advocate in Scotland of at least a particular number of years' standing; (d) that the person is a solicitor in Northern Ireland of at least a particular number of years' standing; (e) that the person is a barrister in Northern Ireland of at least a particular number of years' standing. (9) Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland. (10) An order under subsection (5)— (a) may make different provision for different purposes; (b) may make consequential, transitory, transitional or saving provision.

65

• (1) Section 86 (duty to fill vacancies) is amended as follows.

• (2) After subsection (1) (duty to make a recommendation to fill vacancy for a puisne judge of the High Court or in an office listed in Part 1 of Schedule 14) insert—

(1A) The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Lord Chief Justice that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 2 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office. (1B) The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Senior President of Tribunals that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 3 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.

• (3) In subsection (2) (Lord Chancellor must fill vacancy in office listed in Part 2 or 3 of Schedule 14) after “listed in” insert “ Table 1 of ”.

• (4) After that subsection insert—

(2A) The Lord Chief Justice must make an appointment to fill any vacancy in an office listed in Table 2 of Part 2 of that Schedule. (2B) The Senior President of Tribunals must make an appointment to fill any vacancy in an office listed in Table 2 of Part 3 of that Schedule.

• (5) After subsection (3) insert—

(4) Subsections (2A) and (2B) do not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.

66

• (1) Section 87 (request for selection of person to fill vacancy for High Court judge or in an office listed in Schedule 14) is amended as follows.

• (2) After subsection (1) insert—

(1A) The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, and a person may become a member of such a pool only by selection on a request under this subsection.

• (3) In subsection (4) (sections 88 to 93 apply where request made under section 87) for “Sections 88 to 93 apply” substitute “ Section 88 applies ”.

• (4) In subsection (5) for “Those sections are” substitute “ That section is ”.

67

In section 88 (selection process: puisne judges of High Court and other office holders)—

• (a) omit subsection (2) (insufficient candidates of merit),

• (b) omit subsection (3) (required elements of selection process),

• (c) in subsection (4) (duty to arrange selection of one person for each recommendation or appointment to which a request relates) for “or appointment” substitute “ , appointment or pool membership ”, and

• (d) in subsection (5) (subsection (4) applies to selection under section 88, 92 or 93) for “section 92 or 93” substitute “ regulations under section 94C ”.

68

For section 94 (Commission's duty to identify persons suitable for selection on a future request) substitute—

(94) (1) If the Lord Chancellor gives the Commission notice of a request which the Lord Chancellor expects to make under section 87, the Commission must seek to identify persons it considers would be suitable for selection on the request. (2) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about how the Commission is to comply with a duty imposed on it by subsection (1). (3) The regulations may in particular— (a) make provision as to things that are, or as to things that are not, to be done— (i) in complying with such a duty, or (ii) in determining how to comply with such a duty; (b) provide for the making of reports. (4) Regulations under this section— (a) may make different provision for different purposes; (b) may make consequential, supplementary, transitory, transitional or saving provision.

69

• (1) Section 95 (Lord Chancellor's power to withdraw or modify a request) is amended as follows.

• (2) In subsection (2) before paragraph (a) insert—

(za) the Lord Chancellor may withdraw or modify a request in consequence of a vacancy, or perceived need for an additional office-holder, having been filled or partly filled by change in the amount of time required to be devoted to the duties of office by an existing holder of the office concerned;

.

• (3) In that subsection after paragraph (b) insert—

(ba) so far as a request relates to any pool membership, the Lord Chancellor may withdraw or modify it after consulting the Lord Chief Justice;

.

• (4) In subsection (2)(c) (withdrawal of request where selection process unsatisfactory)—

• (a) for “he”, in both places, substitute “ the Lord Chancellor ”, and

• (b) for “or appointments” substitute “ , appointments or pool memberships ”.

• (5) In subsection (3) (selection already accepted may not be changed in consequence of modification or part-withdrawal of request) after “accepted” insert “ unconditionally or subject only to matters such as the selected person's willingness and availability ”.

• (6) In subsection (4) (request may not be withdrawn on ground of unsatisfactory process after exercise of power to accept, reject or require reconsideration of selection) for the words after “if” substitute

a selection made pursuant to the request— (a) has been accepted unconditionally or subject only to matters such as the selected person's willingness and availability, or (b) in exercise of power conferred by regulations under section 94C, has been rejected or required to be reconsidered.

70

• (1) Section 97 (consultation under certain provisions to be with head of the judiciary in Scotland or Northern Ireland instead of with Lord Chief Justice of England and Wales) is amended as follows.

• (2) In subsection (1) (list of provisions requiring consultation)—

• (a) omit paragraphs (b), (c) and (e), and

• (b) in paragraph (d) for “95(2)(a), (b)” substitute “ 95(2)(b) ”.

• (3) In subsection (4) (modification where requirement is to obtain concurrence rather than to consult) after “section 94A(1)” insert “ or 95(2)(a) ”.

71

• (1) In section 99 (judicial appointments: complaints) after subsection (3) insert—

(3A) An LCJ complaint is a complaint by a qualifying complainant of maladministration by the Lord Chief Justice or the Lord Chief Justice's nominee, or anyone acting on behalf of either of them, in connection with— (a) selection under this Part for an office listed in Table 2 of Part 1 or 2 of Schedule 14, (b) appointment to an office listed in Table 2 of Part 2 of that Schedule, or (c) selection under this Part for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, or of maladministration by the Lord Chief Justice or the Master of the Rolls or the Lord Chief Justice's nominee, or anyone acting on behalf of any of them, in connection with the making of requests under section 9(1) of that Act. (3B) An SPT complaint is a complaint by a qualifying complainant of maladministration by the Senior President of Tribunals or a person to whom the Senior President has delegated functions, or anyone acting on behalf of either of them, in connection with— (a) selection under this Part for an office listed in Table 3 of Part 1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or (b) appointment to an office listed in Table 2 of Part 3 of that Schedule.

72

In section 100 (duty to make arrangements to investigate complaints) after subsection (2) insert—

(2A) The Lord Chief Justice must make arrangements for investigating any LCJ complaint made to the Lord Chief Justice. (2B) The Senior President of Tribunals must make arrangements for investigating any SPT complaint made to the Senior President of Tribunals.

73

• (1) Section 101 (complaints to the Judicial Conduct and Appointments Ombudsman) is amended as follows.

• (2) In subsections (1)(a) and (4)(a) (investigation of complaints previously made to Judicial Appointments Commission or Lord Chancellor) for “or the Lord Chancellor” substitute “ , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals ”.

• (3) In subsection (1)(b) for “Commission's or Lord Chancellor's decision” substitute “ decision of the Commission, the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals ”.

74

In section 102 (Ombudsman's reports and recommendations)—

• (a) in subsection (2)(c) (recommended action) for “or the Lord Chancellor” substitute “ , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals ”, and

• (b) in subsection (4) (compensation not to be recommended for failure to be appointed to an office) after “office” insert “ , or selected for membership of a pool, ”.

75

• (1) Section 103 (Ombudsman's reports) is amended as follows.

• (2) For subsection (2) (drafts of reports) substitute—

(2) The Ombudsman must submit a draft of the report to the Lord Chancellor and to— (a) the Commission if the complaint was a Commission complaint; (b) the Lord Chief Justice if the complaint was an LCJ complaint; (c) the Senior President of Tribunals if the complaint was an SPT complaint.

• (3) In subsection (3) (duty to have regard to comments on draft) for “or the Commission” substitute “ the Commission, the Lord Chief Justice or the Senior President of Tribunals ”.

• (4) After subsection (5) insert—

(5A) If the complaint was an LCJ complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Lord Chief Justice. (5B) If the complaint was an SPT complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Senior President of Tribunals.

76

• (1) Section 104 (referrals to Judicial Conduct and Appointments Ombudsman of matters relating to Judicial Appointments Commission) is amended as follows.

• (2) In subsection (1) (duty to investigate matter referred by Lord Chancellor) after “Lord Chancellor” insert “ , the Lord Chief Justice or the Senior President of Tribunals ”.

• (3) In subsection (3) (report on referred matter) after “Lord Chancellor” insert “ , the Lord Chief Justice and the Senior President of Tribunals ”.

77

In section 105 (provision of information to Ombudsman) after “The Commission” insert “ , the Lord Chief Justice, the Senior President of Tribunals ”.

78

In section 144(5) (orders and regulations subject to affirmative procedure) after paragraph (a) insert—

(aa) an order under section 85(5); (ab) regulations under section 94 or 94C;

.

79

In paragraph 2 of Schedule 7 (functions of Lord Chancellor under the Act are protected from transfer to other Ministers etc) after “under this Act” insert

, including any function under provision inserted into this Act by— (a) the Crime and Courts Act 2013, or (b) any earlier or later enactment

.

80

In Schedule 12 (the Judicial Appointments Commission) in paragraphs 20(6) and 27(3) (selection panels under section 70 or 79) after “70” insert “ , 75B ”.

Changes in relation to selection process: consequential repeals

81

Omit Part 5 of this Schedule (amendments which come into force on the passing of this Act, but which are superseded on amendments made by this Part of this Schedule being brought into force).

Part 5

...

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

Part 6 — Appointment of judge to exercise functions of a Head of Division in case of incapacity or a vacancy etc

83

Where a Head of Division is incapable of exercising relevant functions, or the office of a Head of Division is vacant, the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts to exercise relevant functions of the Head of Division.

84

An appointment under paragraph 83—

• (a) must be in writing,

• (b) must specify the functions that may be exercised by the appointed judge, and

• (c) must set out the duration of the appointment.

85

In paragraph 83—

• “Head of Division” means—the Master of the Rolls,the President of the Queen's Bench Division,the President of the Family Division, orthe Chancellor of the High Court;

• “the Lord Chief Justice” means the Lord Chief Justice of England and Wales;

• “the Senior Courts” means the Senior Courts of England and Wales.

86

In this Part of this Schedule “relevant functions” means functions under any of the following—

• section 5 of the Public Notaries Act 1843 (functions of Chancellor of the High Court in relation to refusal of master of the faculties to grant a faculty to practise as a public notary);

• section 8(5) of the Public Records Act 1958 (President of the Family Division to be consulted in relation to transfer of certain records);

• section 5(2) or (3) of the Senior Courts Act 1981 (concurrence of Heads of Division with transfer of judges between Divisions of High Court etc);

• section 7(1) of the Senior Courts Act 1981 (power of Lord Chancellor, Lord Chief Justice and Heads of Division, acting collectively, to recommend alteration of Divisions of High Court etc);

• section 11(9) of the Senior Courts Act 1981 (concurrence of particular Heads of Division etc with Lord Chancellor's declaration of a vacancy in the office of a judge of the Senior Courts who is permanently incapacitated and unable to resign);

• section 54 of the Senior Courts Act 1981 (functions of Master of the Rolls in relation to composition of courts of civil division of Court of Appeal);

• section 57 of the Senior Courts Act 1981 (determination by Master of the Rolls with concurrence of Lord Chancellor of sittings of civil division of Court of Appeal during vacation);

• section 61(5) of the Senior Courts Act 1981 (concurrence of Heads of Division concerned with assignment of business of one Division of High Court to another Division of High Court);

• section 63(3) of the Senior Courts Act 1981 (concurrence of Head of Division concerned with direction that business is to cease to be assigned to specially nominated judge of High Court);

• section 71(4)(a) of the Senior Courts Act 1981 (determination by Heads of Division with concurrence of Lord Chancellor of sittings of Divisions of High Court during vacation);

• section 109(2) or 110 of the Senior Courts Act 1981 (President of the Family Division may make certain arrangements in relation to documents relating to probate etc);

• section 111 of the Senior Courts Act 1981 (President of the Family Division may give directions as to form and content of records of grants made in the Principal Registry or a district probate registry);

• section 126 of the Senior Courts Act 1981 (President of the Family Division may, with concurrence of Lord Chancellor, make regulations imposing conditions on deposit of wills);

• section 133 of the Senior Courts Act 1981 (functions of Master of the Rolls in relation to enrolment and engrossment of instruments);

• section 25(3)(a) of the Administration of Justice Act 1982 (President of the Family Division may, with concurrence of Lord Chancellor, make regulations as to deposit and registration of wills);

• section 257(3) of the Inheritance Tax Act 1984 (President of the Family Division may make certain arrangements in relation to delivery of accounts for the purposes of that Act);

• section 37 of the Matrimonial and Family Proceedings Act 1984 (President of the Family Division may, with concurrence of Lord Chancellor, give directions with respect to distribution and transfer between High Court and family court of family business and family proceedings);

• section 1(9) of the Courts and Legal Services Act 1990 (Heads of Division etc to be consulted in relation to changes to allocation of business of High Court and county court);

• section 58A(5)(a), 58AA(6)(a) or 58B(7)(a) of the Courts and Legal Services Act 1990 (Heads of Division etc to be consulted in relation to certain matters relating to agreements for funding of legal services);

• section 56(4) of the Access to Justice Act 1999 (Heads of Division etc to be consulted in relation to changes to destination of appeals);

• section 57 of the Access to Justice Act 1999 (Master of the Rolls or President of the Family Division etc may assign appeals to the Court of Appeal);

• section 2(7) of the Courts Act 2003 (Heads of Division etc to be consulted in relation to authorisation of contracting-out of administrative work of courts);

• section 64(4) of the Courts Act 2003 (Heads of Division to be consulted in relation to change of judicial title);

• section 66(4)(b) of the Courts Act 2003 (President of the Family Division may nominate Circuit judges etc to sit as members of family proceedings courts);

• section 77(3) of the Courts Act 2003 (President of the Family Division etc to be consulted in relation to certain appointments to Family Procedure Rule Committee);

• section 78(2) of the Courts Act 2003 (President of the Family Division to be consulted in relation to certain changes to Family Procedure Rule Committee);

• section 92(5) of the Courts Act 2003 (Heads of Division etc to be consulted in relation to fees of Senior Courts, family court, county court and magistrates' courts);

• paragraph 12(4) of Schedule 7 to the Courts Act 2003 (Heads of Division etc to be consulted in relation to regulations about enforcement officers);

• section 52(4) of the Constitutional Reform Act 2005 (Heads of Division etc to be consulted in relation to Supreme Court fees);

• section 183(7)(b) of the Legal Services Act 2007 (consent of Master of the Rolls etc in relation to fees for administration of an oath or taking of an affidavit);

• paragraph 1(10) of Schedule 3 to the Legal Services Act 2007 (concurrence of President of the Family Division etc with meaning of “reserved family proceedings” prescribed for the purposes of that paragraph).

87

The Lord Chancellor may by order amend the list in paragraph 86 so as to—

• (a) add an entry,

• (b) remove an entry, or

• (c) vary an entry.

88

After section 10(6) of the Senior Courts Act 1981 (where there is a vacancy in one or more of the offices of the Heads of Division, a newly-appointed Lord Chief Justice is to take the required oaths in the presence of the holders of such of the offices as are not vacant) insert—

(6A) Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).

Part 7 — Abolition of office of assistant Recorder

89

• (1) In section 24 of the Courts Act 1971 (deputy Circuit judges and assistant Recorders) in subsection (1) omit paragraph (b) (power to appoint assistant Recorders).

• (2) In consequence of that repeal—

• (a) in subsection (1A) of that section (duration of appointments)—

• (i) omit “in the case of appointment as a deputy Circuit judge,”, and

• (ii) omit the words after “seventy-five”,

• (b) in subsection (2) of that section—

• (i) omit “or assistant Recorder”, and

• (ii) omit “or a Recorder, as the case may be”,

• (c) in subsection (3) of that section omit the words after “pensions of such judges”,

• (d) in subsection (5) of that section omit “and assistant Recorders”,

• (e) in the title of that section omit “and assistant Recorders”,

• (f) in Schedule 5 to the Judicial Pensions and Retirement Act 1993 omit the entry for Assistant Recorder,

• (g) in Schedule 7 to the Judicial Pensions and Retirement Act 1993 omit paragraph 5(5)(ii),

• (h) in section 9(4) of the Senior Courts Act 1981 omit “and assistant Recorders”,

• (i) in section 64(2) of the Courts Act 2003 omit the entry for Assistant Recorder,

• (j) in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 71(2)(d),

• (k) in Part 2 of Schedule 14 to that Act omit the entry for Assistant Recorder, and

• (l) in Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 omit paragraph 9(4).

SCHEDULE 14

Part 1 — Deployment under section 9 of the Senior Courts Act 1981

Requests for assistance under section 9(1) of the Senior Courts Act 1981

1

• (1) Section 9 of the Senior Courts Act 1981 (which includes provision for certain judges to act as judges of other courts) is amended as follows.

• (2) In the table in subsection (1) (judges deployable to certain courts) in column 2 of each of entries 2 and 4 (person who has been a judge of the Court of Appeal, or has been a puisne judge of the High Court, may be asked to act as a judge of the Court of Appeal, High Court or Crown Court) before “and the Crown Court” insert “ , the family court, the county court ”.

• (3) In that table after entry 4 insert—

4A. The Senior President of Tribunals.	The Court of Appeal and the High Court.

• (4) In that table, in column 1 of entry 6 (Recorders) after “Recorder” insert “ or a person within subsection (1ZB) ”.

• (5) After subsection (1) insert—

(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).

• (6) In subsection (2B) (requests under certain entries in table in subsection (1) to be made only after consulting Lord Chancellor) after “3,” insert “ 4A, ”.

• (7) In subsection (2D) (requests to Circuit judge or Recorder to act in High Court require concurrence of Judicial Appointments Commission)—

• (a) omit “or Recorder”, and

• (b) for “High Court” substitute “ Court of Appeal ”.

• (8) For subsection (3) (certain requests under subsection (1) must be complied with) substitute—

(3) The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to— (a) a request made to a person who has been a judge of the Court of Appeal, (b) a request made to a person who has been a puisne judge of the High Court and is not a judge of the Court of Appeal, or (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.

• (9) In subsection (6A) (Circuit judge or Recorder not to act by virtue of subsection (5) as single judge in Court of Appeal for certain purposes) for “or Recorder” substitute “ , Recorder or person within subsection (1ZB) ”.

Deputy judges of the High Court

2

• (1) Section 9 of the Senior Courts Act 1981 (which includes provision about the appointment of deputy judges of the High Court) is amended as follows.

• (2) In subsection (4) (power of Lord Chief Justice to appoint deputy judges to facilitate disposal of business in the High Court or Crown Court) after “Crown Court” insert “ or any other court or tribunal to which persons appointed under this subsection may be deployed ”.

• (3) After subsection (8) (remuneration) insert—

(8A) A person may be removed from office as a deputy judge of the High Court— (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. (8B) Subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the High Court in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

• (4) In subsection (9) (Lord Chief Justice's power to delegate functions under subsection (4))—

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

• (b) for “his functions under subsection (4)” substitute “ functions of the Lord Chief Justice under this section ”.

• (5) In the title omit the words after “business”.

3

• (1) In Table 2 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments Commission: offices to which appointment made by Lord Chief Justice) before the first entry insert—

Deputy judge of the High Court	Section 9(4) of the Senior Courts Act 1981

• (2) If the provisions in Schedule 13 to this Act that split the table in Part 2 of Schedule 14 to the 2005 Act into two tables do not come into force before or at the time when sub-paragraph (1) comes into force—

• (a) sub-paragraph (1) has effect with the omission of “Table 2 of”, and

• (b) paragraph 41 of Schedule 13 has effect—

• (i) as if a reference to the office of deputy judge of the High Court were inserted at the beginning of the list in sub-paragraph (4) of that paragraph, and

• (ii) as if “second” were substituted for “first” in sub-paragraph (5) of that paragraph.

• (3) After section 94A of the 2005 Act (appointments not subject to section 85: courts) insert—

(94AA) (1) Where this section applies to an appointment, section 85 does not apply. (2) This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that— (a) there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court, (b) it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and (c) there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business. (3) An appointment to which this section applies is to be made— (a) so as not to extend beyond the day on which the particular business concerned is concluded, or (b) so as not to extend beyond the later of— (i) the day on which the business is concluded, or (ii) the day expected when the appointment is made to be the day on which the business is concluded.

• (4) In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “ , 94AA ”.

Part 2 — Deployment of judges to the magistrates' courts

4

• (1) Section 66 of the Courts Act 2003 (judges who have powers of justice of the peace who is a District Judge (Magistrates' Courts)) is amended as follows.

• (2) In subsection (2) after paragraph (a) insert—

(aa) Master of the Rolls; (ab) ordinary judge of the Court of Appeal; (ac) Senior President of Tribunals;

.

• (3) In subsection (2) after paragraph (e) insert—

(f) Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal; (g) judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007; (h) transferred-in judge of the Upper Tribunal (see section 31(2) of that Act); (i) deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act); (j) office listed— (i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or (ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc); (k) district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act); (l) deputy district judge appointed under section 102 of the Senior Courts Act 1981; (m) judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007; (n) transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act); (o) member of a panel of Employment Judges established for England and Wales or for Scotland.

• (4) After subsection (6) insert—

(7) This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.

Part 3 — Deployment of judges to the Court of Protection

5

• (1) Section 46 of the Mental Capacity Act 2005 (judges of the Court of Protection) is amended as follows.

• (2) In subsection (2) (persons who may be nominated as court's judges) omit the “or” at the end of paragraph (d) and, after paragraph (e), insert

, (f) a District Judge (Magistrates' Courts), (g) a judge of the First-tier Tribunal, or of the Upper Tribunal, by virtue of appointment under paragraph 1(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007, (h) a transferred-in judge of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act), (i) a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), (j) the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, (k) the Judge Advocate General, (l) a Recorder, (m) the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), (n) a holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), (o) a deputy district judge appointed under section 102 of that Act or under section 8 of the County Courts Act 1984, (p) a member of a panel of Employment Judges established for England and Wales or for Scotland, (q) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General), (r) a deputy judge of the High Court, (s) the Senior President of Tribunals, (t) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court), (u) the President of the Queen's Bench Division, (v) the Master of the Rolls, or (w) the Lord Chief Justice.

• (3) In subsection (2)(b) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

• (4) In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be appointed senior judge of the court) for “or (e)” substitute “ to (q) ”.

• (5) In section 4(5)(f) of the Human Rights Act 1998 (things done by certain judges in Court of Protection) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

Part 4 — Deployment of judges to the First-tier Tribunal and the Upper Tribunal

6

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

7

In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—

(ca) is within section 6A,

.

8

• (1) Section 6(1) (certain judges who are also judges of the First-tier Tribunal and the Upper Tribunal) is amended as follows.

• (2) Before paragraph (a) insert—

(za) is the Lord Chief Justice of England and Wales, (zb) is the Master of the Rolls, (zc) is the President of the Queen's Bench Division of the High Court in England and Wales, (zd) is the President of the Family Division of the High Court in England and Wales, (ze) is the Chancellor of the High Court in England and Wales,

.

• (3) After paragraph (d) insert—

(da) is a deputy judge of the High Court in England and Wales, (db) is the Judge Advocate General,

.

9

After section 6 insert—

(6A) A person is within this section (and so, by virtue of section 4(1)(ca), is a judge of the First-tier Tribunal) if the person— (a) is a deputy Circuit judge, (b) is a Recorder, (c) is a person who holds an office listed— (i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or (ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), (d) is a deputy district judge appointed under section 102 of that Act or section 8 of the County Courts Act 1984, (e) is a Deputy District Judge (Magistrates' Courts), or (f) is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

10

• (1) In paragraph 6(3)(a) of each of Schedules 2 and 3 (requests to certain judges to act as judges of First-tier Tribunal or Upper Tribunal may be made only with the concurrence of the Lord Chief Justice) omit the “or” at the end of sub-paragraph (iv) and, after sub-paragraph (v), insert

, (vi) the Master of the Rolls, (vii) the President of the Queen's Bench Division of the High Court of England and Wales, (viii) the President of the Family Division of that court, (ix) the Chancellor of that court, (x) a deputy judge of that court, or (xi) the Judge Advocate General;

.

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

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

Part 5 — Deployment of judges to the Employment Appeal Tribunal

11

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

• (2) In subsection (1)(a) (judges drawn from the judges of the High Court, or Court of Appeal, in England and Wales) after “Court of Appeal” insert “ and the judges within subsection (2A) ”.

• (3) After subsection (2) insert—

(2A) A person is a judge within this subsection if the person— (a) is the Senior President of Tribunals, (b) is a deputy judge of the High Court, (c) is the Judge Advocate General, (d) is a Circuit judge, (e) is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal, (f) is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, (g) is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act), (h) is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), (i) is a district judge, which here does not include a deputy district judge, or (j) is a District Judge (Magistrates' Courts), which here does not include a Deputy District Judge (Magistrates' Courts).

• (4) In subsection (4) (judge's consent required to nomination to Appeal Tribunal) after “Appeal Tribunal” insert “ under subsection (1)(b) ”.

Part 6 — Deployment of judges to the employment tribunals

12

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

• (2) In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection (3))” insert “ except where the relevant judge is the Lord Chief Justice of England and Wales ”.

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

• (a) in sub-paragraph (i) at the beginning insert “ the Master of the Rolls or ”,

• (b) after sub-paragraph (i) insert—

(ia) within subsection (4)(b)(ia),

, and

• (c) omit the “or” after sub-paragraph (iv), and after sub-paragraph (v) insert

, or (vi) within subsection (4)(b)(x) to (xvi);

.

• (4) In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-paragraph (v), and after paragraph (vi) insert

, or (vii) is the Senior President of Tribunals;

.

• (5) In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert “ the Lord Chief Justice of England and Wales, the Master of the Rolls or ”.

• (6) In subsection (4)(b) after sub-paragraph (i) insert—

(ia) is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,

.

• (7) In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after sub-paragraph (ix) insert—

(x) is a deputy judge of the High Court in England and Wales, (xi) is a Recorder, (xii) is a Deputy District Judge (Magistrates' Courts), (xiii) is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981, (xiv) holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), (xv) holds an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), or (xvi) is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

Part 7 — Amendments following renaming of chairmen of employment tribunals

13

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

• Constitutional Reform Act 2005: section 3(7B)(d) and (e),

• Courts Act 1971: Part 1A of Schedule 2,

• Courts and Legal Services Act 1990: Schedule 11,

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

• Judicial Pensions Act 1981: section 12(1)(c),

• Judicial Pensions and Retirement Act 1993: section 26(12A)(i), and

• Tribunals, Courts and Enforcement Act 2007: sections 4(1)(e) and (3)(d) and 47(5)(c)(iii), paragraph 12(1)(c) of Schedule 1 and paragraph 7(1)(a) of Schedule 2.

• (2) In the following provisions for “chairman of employment tribunals” substitute “ Employment Judge ”

• Constitutional Reform Act 2005: Part 3 of Schedule 14, in both places,

• Tribunals, Courts and Enforcement Act 2007: paragraph 6(1)(e) and (4)(b) of Schedule 7, and

• Judicial Pensions and Retirement Act 1993: Schedules 1 and 5.

• (3) In sections 10(4) and 30(2B)(b) of the Employment Tribunals Act 1996 for “Chairman” substitute “ Employment Judge ”.

• (4) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for “or member of a panel of persons appointed to act as chairmen or other members of employment tribunals” substitute “ Employment Judge, or member of a panel of members of employment tribunals that is not a panel of Employment Judges ”.

• (5) In paragraph 5(2)(g) and (5)(vii) of Schedule 7 to the Judicial Pensions and Retirement Act 1993 before “chairman” insert “ Employment Judge, before 3 November 2008 called ”.

SCHEDULE 15

Broadcasters

1

The British Broadcasting Corporation.

2

Sianel Pedwar Cymru.

3

The holder of a licence under the Broadcasting Act 1990 or 1996 who publishes news-related material in connection with the broadcasting activities authorised under the licence.

Special interest titles

4

A person who publishes a title that—

• (a) relates to a particular pastime, hobby, trade, business, industry or profession, and

• (b) only contains news-related material on an incidental basis that is relevant to the main content of the title.

Scientific or academic journals

5

A person who publishes a scientific or academic journal that only contains news-related material on an incidental basis that is relevant to the scientific or academic content.

Public bodies and charities

6

• (1) A public body or charity that publishes news-related material in connection with the carrying out of its functions.

• (2) “Public body” means a person or body whose functions are of a public nature.

Company news publications etc

7

A person who publishes a newsletter, circular or other document which—

• (a) relates to a business carried on by the person, and

• (b) only contains news-related material on an incidental basis that is relevant to the person's business.

Micro-businesses

8

• (1) A person who, in carrying on a micro-business, publishes news-related material where either condition A or condition B is met.

• (2) Condition A is that the news-related material is contained in a multi-author blog.

• (3) Condition B is that the news-related material is published on an incidental basis that is relevant to the main activities of the business.

• (4) “Micro-business” means a business which—

• (a) has fewer than 10 employees, and

• (b) has an annual turnover not exceeding £2,000,000.

• (5) The number of employees is to be calculated as follows—

• (a) find the total number of hours per week for which all the employees of the business are contracted to work;

• (b) divide that number by 37.5.

• (6) “Employee” has the same meaning as in the Employment Rights Act 1996 (see section 230 of that Act).

• (7) “Multi-author blog” means a blog that contains contributions from different authors.

Book publishers

9

• (1) A person who is the publisher of a book.

• (2) “Book” does not include any title published on a periodic basis with substantially different content.

SCHEDULE 16

Part 1 — Community orders: punitive elements

1

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

2

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