Courts Act 1971

Section 16.

SCHEDULE 2 E+W Holders of Certain Existing Judicial Offices

Part I E+W Certain Office-Holders to be Circuit Judges

1 (1) On the appointed day the persons then holding office as—

• Vice-Chancellor of the County Palatine of Lancaster,

• Recorder of London, and

• Common Serjeant

shall, by virtue of their offices, become Circuit judges.

(2) On the appointed day any person who, immediately before that day, held one of the following judicial offices (being offices to which no further appointments are to be made or which cease by virtue of this Act) shall, by virtue of this paragraph, become a Circuit judge:—

• Official Referee to the Supreme Court

• Recorder of Liverpool

• Recorder of Manchester

• Additional Judge of the Central Criminal Court

• Assistant Judge of the Mayor’s and City of London Court

• County Court Judge

• Whole-time Chairman or whole-time Deputy Chairman of courts of quarter sessions for Greater London, Cheshire, Durham, Kent and Lancashire.

2 (1) Any person who, being appointed Recorder of London after the appointed day, is appointed by Her Majesty to exercise judicial functions shall, by virtue of that appointment, be a Circuit judge. E+W

(2) Any person who after the appointed day is appointed by Her Majesty to be the Common Serjeant shall, by virtue of that appointment, be a Circuit judge.

3 (1) Subject to sub-paragraph (2) below, section 17 of this Act shall apply to the holder of any judicial office who becomes a Circuit judge as mentioned in this Part of this Schedule as it applies to a Circuit judge appointed under section 16 of this Act.

(2) In the case of any person who becomes a Circuit judge as mentioned in this Part of this Schedule, other than a person who held an office mentioned in paragraph 1(2) above which ceases by virtue of this Act, nothing in section 17 of this Act shall have the effect of depriving him of the office by virtue of which, or by virtue of his appointment to which, he becomes a Circuit judge.

[F1 Part IA E+W Certain Office–Holders Eligible for Appointment as Circuit Judges

Textual Amendments

F1 Sch. 2 Pt. IA inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 31(2)

Social Security Commissioner appointed under section 97 of the M1 Social Security Act 1975.

Marginal Citations

M1 1975 c.14 (113:1).

President of Social Security Appeal Tribunals and Medical Appeal Tribunals or Chairman of such a tribunal appointed under Schedule 10 to that Act.

President of Industrial Tribunals or chairman of such a tribunal appointed under the Industrial Tribunals (England and Wales) Regulations M2 1965.

Marginal Citations

M2 S.I. 1965/1101.

President or member of the Immigration Appeal Tribunal appointed under Schedule 5 to the Immigration Act M3 1971.

Marginal Citations

M3 1971 c.77 (62).

Member (excluding the President) of the Lands Tribunal appointed under section 2 of the Lands Tribunal Act M4 1949.

Marginal Citations

M4 1949 c.42 (127).

President of Pensions Appeal Tribunals appointed under the Schedule to the Pensions Appeal Tribunals Act M5 1943.

Marginal Citations

M5 1943 c.39 (101A:2).

President of Value Added Tax Tribunals or chairman of such a tribunal appointed under Schedule 8 to the Value Added Tax Act M6 1983.

Marginal Citations

M6 1983 c.55 (40:2).

Special Commissioner appointed under section 4 of the Taxes Management Act M7 1970.

Marginal Citations

M7 1970 c.9 (63:1).

Coroner appointed under section 2 of the Coroners Act M8 1988.

Marginal Citations

M8 1988 c.13 (33).

Master of the Queen’s Bench Division.

Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.

Admiralty Registrar.

Master of the Chancery Division.

Registrar in Bankruptcy of the High Court.

Taxing Master of the Supreme Court.

District judge of the principal registry of the Family Division.

Registrar of Civil Appeals.

Master of the Court of Protection.

District judge.]

Stipendiary magistrate.

Part II E+W Supplementary Provisions with Respect to Certain Judicial Officers

4 (1) If and so long as any holder of the office of Vice-Chancellor of the County Palatine of Lancaster is also a Circuit judge (whether by virtue of paragraph 1 above or otherwise), he shall take judicial precedence next after the judges of the High Court. E+W

(2) Notwithstanding the repeal by this Act of section 14(1) of the M9 Administration of Justice Act 1928, paragraph (d) of that subsection (terms of appointment of Vice-Chancellor of the County Palatine of Lancaster) shall continue to apply in relation to the person who is the holder of that office on the appointed day (but not in relation to any subsequent holder of that office) and shall on and after that day apply in relation to him not only in his capacity as Vice-Chancellor but also in his capacity as a Circuit judge; and accordingly, and without prejudice to paragraph 3(2) above, section 17(4) of this Act shall not apply in relation to that person.

(3) Without prejudice to paragraph 8 below, the Lord Chancellor, with the consent of the Minister for the Civil Service, may make such arrangements as seem to him to be appropriate to secure that the superannuation benefits payable to or in respect of the person who, on the appointed day, holds office as Vice-Chancellor of the County Palatine of Lancaster are not less favourable than those which he enjoyed immediately before the appointed day; and any such arrangements may provide for the cost of those benefits to be defrayed in part by the Duchy of Lancaster.

(4) Rules under section 39A of the M10 Superannuation Act 1965 (provision for superannuation benefits payable to or in respect of persons employed in two or more judicial offices of specified descriptions) may make provision with respect to the superannuation benefits payable to or in respect of any person who, immediately before the appointed day, held office as registrar or assistant registrar of the Lancaster Palatine Court, as if his office were included in those specified in paragraphs (a) to (i) of subsection (3) of that section.

Marginal Citations

M9 1928 c. 26.

M10 1965 c. 74.

5 E+W Nothing in section 16, section 18(1) or section 19 of this Act shall apply to the manner of appointment or remuneration of, or the pensions and other benefits payable to or in respect of, any person holding office as Recorder of London or Common Serjeant and accordingly those matters shall continue to be provided for as mentioned in Parts II and III of the M11 City of London (Courts) Act 1964.

Modifications etc. (not altering text)

C1 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

Marginal Citations

M11 1964 c. iv.

6 E+W After the appointed day no person shall be appointed an additional judge of the Central Criminal Court under . . . F2 the City of London (Courts) Act 1964, but section 7 of that Act (remuneration and pensions of additional judges and holders of certain other judicial offices) shall continue on and after the appointed day to apply in relation to any person who, immediately before that day, held office as such an additional judge, notwithstanding that he becomes a Circuit judge, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to any such person.

Textual Amendments

F2 Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. XIII

Modifications etc. (not altering text)

C2 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

7 E+W On the appointed day section 14 of the M12 City of London (Courts) Act 1964 (appointment and removal of the assistant judge of the Mayor’s and City of London Court) shall cease to have effect, but so much of section 18(3) of that Act as provides for the payment of the remuneration of, and any pension or other benefits payable to or in respect of, the assistant judge shall continue on and after the appointed day to apply to the person who immediately before that day held office as the assistant judge of the Mayor’s and City of London Court, and accordingly sections 18(1) and 19 of this Act shall not apply in relation to that person.

Modifications etc. (not altering text)

C3 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

Marginal Citations

M12 1964 c. iv.

8 Notwithstanding anything in sections 17 to 19 of this Act, the Lord Chancellor shall make such arrangements as seem to him to be appropriate to secure that, in the case of any person who becomes a Circuit judge as mentioned in paragraph 1 above and whose salary as such is charged on and paid out of the Consolidated Fund, so long as he continues to serve as a Circuit judge his remuneration and the other terms and conditions of his service are not less favourable than those which he enjoyed immediately before the appointed day.

Modifications etc. (not altering text)

C4 Paras. 5–8 extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(2)

9 (1) Subject to the preceding provisions of this Part of this Schedule, for the purpose of determining— E+W

(a) the annual pension payable to a Circuit judge under section [F3 5 of the Judicial Pensions Act 1981], or

(b) any such derivative benefit payable to or in respect of him as is referred to in [F4 section 19(5) of this Act],

service before the day appointed for the purposes of section 16 of this Act in any of the judicial offices specified in paragraph 1(2) above, and service (before 1st April 1965) as a salaried chairman or deputy chairman of the court of quarter sessions for the county of London or of Middlesex, shall be treated as service as a Circuit judge.

(2) Subject to sub-paragraph (3) below, in any case where—

(a) any such pension or derivative benefit as is referred to in sub-paragraph (1) above becomes payable to or in respect of any person; and

(b) the period of that person’s service which falls to be taken into account in determining the amount of that pension or benefit includes, by virtue of sub-paragraph (1) above, service in any judicial office specified in paragraph 1(2) above,

rules made by the Lord Chancellor with the consent of the Minister for the Civil Service may make provision for the payment of contributions towards the cost of the superannuation benefits payable to or in respect of that person by any authority which, before the appointed day, was responsible, directly or indirectly, for meeting the whole or any part of the cost of the superannuation benefits payable to or in respect of former holders of that office.

(3) Rules made under sub-paragraph (2) above shall not require the payment of any contribution in the case of a person who serves at least fifteen completed years as a Circuit judge, disregarding any period of service taken into account by virtue of sub-paragraph (1) above.

(4) The power to make rules under sub-paragraph (2) above shall be exercisable by statutory instrument, and any statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F3 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(3)

F4 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36(1), Sch. 3 para. 6(1)(4)