Senior Courts Act 1981

86 The Crown Court Rule Committee. E+W

(1) The power to make rules of court under section 84 F1 . . . shall be exercisable [F2 by a committee known as the Crown Court Rule Committee, which is to consist of the following persons—]

(a) the Lord Chief Justice,

(b) two other judges of the [F3 Senior Courts],

(c) two Circuit judges,

(d) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a justice of the peace,

[F5 (f) two persons who have a [F3 Senior Courts] qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and

(g) two persons who have been [F6 authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F3 Senior Courts].]

[F7 (2) The members of the Crown Court Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3) or (4).

(3) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) and (e) of subsection (1), after consulting the Lord Chancellor.

(4) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the following—

(a) the Lord Chief Justice;

(b) any authorised body with members who are eligible for appointment under the relevant paragraph.

(5) A person is to be appointed under subsection (3) or (4) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.

(6) 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.]

[F8 (7) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

Textual Amendments

F1 Words in s. 86(1) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 16(a) (with art. 2(2))

F2 Words in s. 86(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 137(2); S.I. 2006/1014, art. 2(a), Sch. paras. 10, 11(p)

F3 Words in s. 86 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1)(2); S.I. 2009/1604, art. 2(d)

F4 S. 86(1)(d) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 16(b) (with art. 2(2))

F5 S. 86(1)(f)(g) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 36(2)(a)

F6 Words in s. 86(1)(g) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 46(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

F7 S. 86(2)-(6) substituted (3.4.2006) for s. 86(2)-(4) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 137(3); S.I. 2006/1014, art. 2(a), Sch. paras. 10, 11(p)

F8 S. 86(7) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 46(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)