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).