Part I E+W CONSTITUTION OF [F1 Senior Courts]

Textual Amendments

F1 Words in Pt. 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

Other provisions E+W

9 F2 Assistance for transaction of judicial business .... E+W

(1) A person within any entry in column 1 of the following Table may [F3 subject to the provision at the end of that Table] at any time, at the request of the appropriate authority, act—

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

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

Table

1	2
Judge F4 ...	Where competent to act on request
1. A judge of the Court of Appeal.	The High Court and the Crown Court.
F5 . . .	F5 . . .
3. A puisne judge of the High Court.	The Court of Appeal.
F5 . . .	F5 . . .
[F6 4A. The Senior President of Tribunals	The Court of Appeal and the High Court.]
5. A Circuit judge.	The High Court [F7 and the Court of Appeal].
[F8 6. A Recorder] [F9 or a person within subsection (1ZB)]	[F8 The High Court]

[F10 The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.]

[F11 (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).]

[F12 (1A) A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.]

(2) In subsection (1)—

• [F13 “the appropriate authority” means—

  (a)

  the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or

  (b)

  at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;]

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

• F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15 (2A) The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

(2B) F16 ... The appropriate authority may make the request only after consulting the Lord Chancellor.

F17 (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 (2CA) In the case of a request to a person within entry 5 or 6 in column 1 of the Table to act as a judge of the High Court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry.]

(2D) In the case of a request to a Circuit judge F19 ... to act as a judge of the [F20 Court of Appeal ], the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.]

[F21 (3) The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to—

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a request made to the Senior President of Tribunals if the holder of that office is a judge of the Court of Session or of the High Court, or Court of Appeal, in Northern Ireland.]

(4) Without prejudice to section 24 of the M1 Courts Act 1971 (temporary appointment of deputy Circuit judges F23 ...), if it [F24 appears to the Lord Chief Justice, after consulting the Lord Chancellor,] that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court [F25 or any other court or tribunal to which persons appointed under this subsection may be deployed], he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the [F26 Lord Chief Justice may, after consulting the Lord Chancellor, think fit]; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.

[F27 (4A) No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of [F28 75].]

(5) Every person while acting under this section shall, subject to [F29 subsections (6) and (6A)], be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.

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

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

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

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

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

(b) [F30 subject to section 27 of the Judicial Pensions and Retirement Act 1993], be treated as having been a judge of a court in which he has acted only under this section.

[F31 (6A) A Circuit judge[F32 , Recorder or person within subsection (1ZB)] shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31[F33 , 31B, 31C] and 44 of the M2 Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the [F34 Supreme Court]).]

F35 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament—

F36 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to any deputy judge of the High Court appointed under subsection (4).

[F37 (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.]

[F38 (9) The Lord Chief Justice may nominate a [F39 senior judge (as defined in section 109(5)] of the Constitutional Reform Act 2005) to exercise [F40 functions of the Lord Chief Justice under this section].]

Textual Amendments

F2 Words in s. 9 title omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 2(5); S.I. 2013/2200, art. 3(g)

F3 Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(a); S.I. 1994/3258, art.2.

F4 Words in s. 9(1) table omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 5(2)(a)(i); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F5 Words in s. 9(1) table omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 5(2)(a)(ii); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F6 Words in s. 9(1) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(3); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F7 Words in the Table in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(b); S.I. 1994/3258, art.2.

F8 Entry added by Administration of Justice Act 1982 (c. 53, SIF 37), s. 58

F9 Words in s. 9(1) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(4); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F10 Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(c); S.I. 1994/3258, art.2.

F11 S. 9(1ZA)(1ZB) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(5); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F12 S. 9(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F13 S. 9(2): definition of "the appropriate authority" substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

F14 Words in s. 9(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 121(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(l), 30(b)

F15 S. 9(2A)-(2D) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

F16 Words in s. 9(2B) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 5(2)(b); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F17 S. 9(2C) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 5(2)(c); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F18 S. 9(2CA) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 52; S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F19 Words in s. 9(2D) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(7)(a); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F20 Words in s. 9(2D) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(7)(b); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F21 S. 9(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(8); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F22 S. 9(3)(a)(b) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 5(2)(d); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F23 Words in s. 9(4) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 89(2)(h); S.I. 2013/1725, art. 2(g)

F24 Words in s. 9(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(4)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

F25 Word in s. 9(4) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 2(2); S.I. 2013/2200, art. 3(g)

F26 Words in s. 9(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(4)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

F27 S. 9(4A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(2) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F28 Word in s. 9(4A) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 16(2) (with Sch. 1 para. 43)

F29 Words in s. 9(5) substituted (11.1.1995) by 1994 c. 33, s. 52(4); S.I. 1994/3258, art.2.

F30 S. 9(6)(b) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F31 S. 9(6A) inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art.2.

F32 Words in s. 9(6A) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 1(9); S.I. 2013/2200, art. 3(g) (with savings in S.I. 2013/2192, reg. 49)

F33 Words in s. 9(6A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 260; S.I. 2005/910, art. 3(y)

F34 Words in s. 9(6A) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 36(2); S.I. 2009/1604, art. 2(d)

F35 S. 9(7) repealed (31.3.1995) by 1993 c. 8, s. 31(4), Sch.9; S.I. 1995/631, art.2.

F36 S. 9(8)(a) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 5(2)(e); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F37 S. 9(8A)(8B) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 2(3); S.I. 2013/2200, art. 3(g)

F38 S. 9(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

F39 Words in s. 9(9) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 2(4)(a); S.I. 2013/2200, art. 3(g)

F40 Words in s. 9(9) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 2(4)(b); S.I. 2013/2200, art. 3(g)

Modifications etc. (not altering text)

C1 S. 9 restricted (31.3.1995) by 1993 c. 8, s. 26(7)(c) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

Marginal Citations

M1 1971 c. 23.

M2 1968 c. 19.