Senior Courts Act 1981, Section 98 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A clerk and a secretary shall be attached to each of the following judges of the [F1Senior Courts], namely the Lord Chief Justice, the Master of the Rolls, [F2the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court].
(2)A clerk shall be attached to each of the following judges of the [F1Senior Courts], namely the Lords Justices of Appeal and the puisne judges of the High Court.
(3)Any clerk or secretary attached as mentioned in subsection (1) or (2)—
(a)shall be appointed by the Lord Chancellor; and
(b)if not already employed in the civil service of the State shall be deemed for all purposes to be so employed.
(4)If at any time it appears to any of the judges mentioned in subsection (1) desirable that there should be attached to him a legal secretary (that is to say a secretary with legal qualifications) in addition to the secretary provided for by that subsection, he may, with the concurrence of the Lord Chancellor, appoint a [F3person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990)] as his legal secretary.
(5)An appointment under subsection (4) may be on either a full-time or a part-time basis; and a person appointed by a judge as his legal secretary shall, except as regards remuneration, hold and vacate that office in accordance with such terms as the judge may, with the concurrence of the Lord Chancellor, determine when making the appointment.
(6)A person appointed under subsection (4)—
(a)shall not be treated as employed in the civil service of the State by reason only of that appointment; and
(b)if the Lord Chancellor so determines in his case, shall be paid out of money provided by Parliament such remuneration as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.
Textual Amendments
F1Words in s. 98 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)
F2Words in s. 98(1) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 14(2); S.I. 2005/2505, art. 2(c)
F3Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 47
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