Tribunals, Courts and Enforcement Act 2007

53 Transfer from salaried to fee-paid judicial office U.K.

(1) The Constitutional Reform Act 2005 (c. 4) is amended as follows.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After section 85(2) (restriction on recommendations and appointments) insert—

“(2A) This section is subject to—

(a) section 30(4) of the Courts-Martial (Appeals) Act 1951,

(b) sections 91(1ZB) and 102(1C) of the Supreme Court Act 1981,

(c) section 8(1ZC) of the County Courts Act 1984, and

(d) sections 94A and 94B below.”

(4) After section 85(3) (power to amend Schedule 14) add—

“(4) The Lord Chancellor may by order amend section 94A or 94B if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3).”

(5) Section 97 (Scotland and Northern Ireland) is amended as follows.

(6) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) and (3) apply ”, and

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) After subsection (3) add—

“(4) Subsections (2) and (3) apply to the reference in section 94A(1) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

(5) The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)—

(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b) the Senior President of Tribunals.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act);

(c) the Senior President of Tribunals.”

Textual Amendments

F1 S. 53(2) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 14(2); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F2 S. 53(6)(b) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 14(2); S.I. 2022/1014, reg. 2(d) (with reg. 3)