SCHEDULES

SCHEDULE 13Judicial appointments

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

Deputy Circuit judges to be appointed by Lord Chief Justice

I134

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).