SCHEDULES

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Part 1Amendments

Administration of Justice Act 1970 (c. 31)

66

1

Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) is amended as follows.

2

For subsection (1) substitute—

1

This section applies if both of the following conditions are met—

a

the Lord Chancellor thinks that it is expedient, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the Tribunal);

b

the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

1A

The Lord Chief Justice may, after consulting the Lord Chancellor, appoint one of the following persons as mentioned in subsection (1)(a)—

a

a judge of the Court of Appeal;

b

a person who has held office as a judge of the Court of Appeal or of the High Court;

c

one of Her Majesty's Counsel.

1B

An appointment under this section is—

a

for such period, or

b

for the purpose of hearing such appeals,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.

3

After subsection (4) insert—

4A

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