Part IV OFFICERS AND OFFICES
Appointment of certain officers of F23Senior Courts
88 Qualification for office.
A person shall not be qualified for appointment to any office in the F1Senior Courts listed in column 1 of any Part of Schedule 2 unless he is a person of any description specified in relation to that office in column 2 of that Part.
89 Masters and registrars.
1
F41A
The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury.
2
The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office F5and Registrar of criminal appeals shall, by virtue of his appointment, be a master of the Queen’s Bench Division.
F63
Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).
3A
A person may be appointed to a senior office only if—
a
he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or
b
he does not hold the qualifying office but could be appointed to it in compliance with section 88.
3B
Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.
3C
This is the table referred to in subsections (3) and (3A)—
Senior office | Qualifying office |
|---|---|
Senior Master of the Queen's Bench Division | Master of the Queen's Bench Division |
Chief Chancery Master | Master of the Chancery Division |
Chief Taxing Master | Taxing master of the Senior Courts |
Chief Bankruptcy Registrar | Registrar in bankruptcy of the High Court |
Senior District Judge of the Family Division | Registrar of the Principal Registry of the Family Division |
4
The person appointed Senior Master under subsection (3)(a) shall hold and perform the duties of the offices of the Queen’s Remembrancer and registrar of judgments.
F75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87A
A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury.
7B
A salary payable under or by virtue of this section—
a
may in any case be increased, but
b
may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,
by a determination or further determination under this section.
8
Salaries payable under or by virtue of this section shall be paid out of money provided by Parliament.
90 Official Solicitor.
1
There shall continue to be an Official Solicitor to the F9Senior Courts, who shall be appointed by the Lord Chancellor.
2
There shall be paid to the Official Solicitor out of money provided by Parliament such salary as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.
3
The Official Solicitor shall have such powers and perform such duties as may for the time being be conferred or imposed on the holder of that office—
a
by or under this or any other Act; or
b
by or in accordance with any direction given (before or after the commencement of this Act) by the Lord Chancellor.
F103A
The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings.
3B
When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of F11the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) shall be treated as having acquired that right solely by virtue of subsection (3A).
4
If—
a
the Official Solicitor is not available because of his absence or for some other reason; or
b
his office is vacant,
then, during such unavailability or vacancy, any powers or duties of the Official Solicitor shall be exercisable or fall to be performed by any person for the time being appointed by the Lord Chancellor as deputy to the Official Solicitor (and any property vested in the Official Solicitor may accordingly be dealt with by any such person in all respects as if it were vested in him instead).
91 Deputies and temporary appointments.
C11
If it appears to F12the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the F13Senior Courts, he may appoint a person—
a
to act as a deputy for any person holding an office listed in column 1 of Part II F14. . . of Schedule 2; or
b
to act as a temporary additional officer in any such office,
F171ZA
The Lord Chancellor may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chief Justice.
1ZB
Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies.
1ZC
In this section a “holder of relevant office” means a person who holds, or has held within two years ending with the date when his appointment under this section takes effect—
a
any office listed in column 1 of Part 2 or 3 of Schedule 2, or
b
the office of district judge.
F181A
If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—
a
to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or
b
to act as a temporary additional officer in any such office,
during such period or on such occasions as the Lord Chancellor may think fit.
2
Subject to subsection (3), a person shall not be qualified for appointment under this section if the office in which he would act by virtue of the appointment is one to which he is not qualified for permanent appointment.
F193
An appointment under this section may extend until the day on which a person attains the age of seventy-five years if it is an appointment of a holder of relevant office.
4
Every person, while acting under this section, shall have all the jurisdiction of a person permanently appointed to the office in which he is acting.
F205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Lord Chancellor may, out of money provided by Parliament, pay to any person appointed under this section such remuneration and allowances as he may, with the concurrence of the Minister for the Civil Service, determine.
F217
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 F22subsection (1ZA).
Other provisions relating to officers of F41Senior Courts
Words in s. 92 cross-heading 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)
92 Tenure of office.
1
Subject to the following provisions of this section F24, to section 91(3)F25and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which this subsection applies shall vacate it F26on the day on which he attains the age of seventy years.
F272
Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 F28. . . .
C22A
Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixy-two years.
2B
Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 F29. . ..
F302C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2D
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2E
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F323A
Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.
4
A person appointed to an office F33listed in column 1 of Part 1 or 2 of Schedule 2 shall hold that office during good behaviour.
5
The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor F34with the concurrence of the Lord Chief Justice.
6
The Lord Chancellor may also F35, with the concurrence of the Lord Chief Justice, remove such a person from his office on account of inability to perform the duties of his office.
7
A person appointed to an office listed in column 1 of Part III of Schedule 2 shall hold that office during Her Majesty’s pleasure.
F368
It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).
93 Status of officers for purposes of salary and pension.
1
2
F4094. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Property held by officers.
Any property held in his official capacity by a person holding an office listed in column 1 of Part II of Schedule 2 or by the Official Solicitor shall, on his dying or ceasing to hold office, vest in the person appointed to succeed him without any conveyance, assignment or transfer.
Central Office and Accountant General
96 Central Office.
1
2
Subject to any direction F44under subsection (1), the Central Office shall perform such business as it performed immediately before the commencement of this Act.
F453
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.
97 Accountant General.
1
There shall continue to be an Accountant General of, and an accounting department for, the F46Senior Courts.
F472
3
The Accountant General shall be paid such salary or fees as the Lord Chancellor determines with the consent of the Treasury.
4
If one person holds office both as the Accountant General and as the Public Trustee then, if he ceases to be the Public Trustee, he shall also cease to be the Accountant General unless the Lord Chancellor otherwise directs.
5
If a vacancy occurs in the office of Accountant General or the person appointed to hold the office is for any reason unable to act for any period such person as the Lord Chancellor appoints as deputy in that office shall, during the vacancy or that period, perform the functions of that office (and any property vested in the Accountant General may accordingly be dealt with by the deputy in all respects as if it were vested in him instead).
Judges’ clerks and secretaries
98 Judges’ clerks and secretaries.
1
2
A clerk shall be attached to each of the following judges of the F48Senior 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 F50person 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.
District registries and district registrars
99 District registries.
1
The Lord Chancellor may F51, after consulting the Lord Chief Justice, by order direct that there shall be district registries of the High Court at such places and for such districts as are specified in the order.
2
Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.
F523
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.
F53100 District judges
1
The Lord Chief Justice, after consulting the Lord Chancellor—
a
may assign a district judge to one or more district registries;
b
may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).
2
A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.
3
Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.
4
Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.
F545
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 subsection (1).
F55101 Power of one district registrar to act for another.
1
A F56district judge of any registry shall be capable of acting in any other district registry for a F56district judge of that registry; and, where a F56district judge is so acting, the F56district judge of the other registry may divide the duties of his office as he thinks fit between himself and the F56district judge acting for him.
F572
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
102 Deputy district registrars.
F581
If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district judge.
1A
A person is qualified for appointment under subsection (1) only if the person—
a
is qualified for appointment as a district judge, or
b
holds, or has held, the office of district judge.
1B
The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—
a
holds the office of district judge, or
b
ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.
1C
Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.
C33
F59No appointment to which subsection (1B) applies shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years.
F604A
The Lord Chief Justice, after consulting the Lord Chancellor—
a
may assign a deputy district judge appointed under this section to one or more district registries;
b
may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).
4B
A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.
4C
Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.
F615
Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.
F625A
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 subsection (1B) or (4A).
F636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District probate registries
104 District probate registries.
1
The Lord Chancellor may F65, after consulting the Lord Chief Justice, by order direct that there shall be district probate registries of the High Court at such places and for such districts as are specified in the order.
2
Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.
F663
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.
Words in s. 88 cross-heading 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)