- Latest available (Revised)
- Point in Time (22/04/2014)
- Original (As enacted)
Point in time view as at 22/04/2014.
Senior Courts Act 1981, Section 10 is up to date with all changes known to be in force on or before 10 September 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Whenever the office of Lord Chief Justice, Master of the Rolls, [F2President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court] is vacant, Her Majesty may [F3, on the recommendation of the Lord Chancellor,] by letters patent appoint a qualified person to that office.
(2)Subject to the limits on [F4 full-time equivalent ] numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may [F5, on the recommendation of the Lord Chancellor,] from time to time by letters patent appoint qualified persons as Lords Justices of Appeal or as puisne judges of the High Court.
(3)No person shall be qualified for appointment—
(a)as Lord Chief Justice, Master of the Rolls, [F6President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court], unless he is qualified for appointment as a Lord Justice of Appeal or is a judge of the Court of Appeal;
(b)as a Lord Justice of Appeal, [F7unless—
[F8he satisfies the judicial-appointment eligibility condition on a 7-year basis; or]
he is a judge of the High Court;]; or
(c)as a puisne judge of the High Court, [F9unless—
[F8he satisfies the judicial-appointment eligibility condition on a 7-year basis; or]
he is a Circuit judge who has held that office for at least 2 years.]
[F10(4)A person appointed—
(a)to any of the offices mentioned in subsection (1),
(b)as a Lord Justice of Appeal, or
(c)as a puisne judge of the High Court,
shall take the required oaths as soon as may be after accepting office.
(5)In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—
(a)the Master of the Rolls;
(b)the President of the Queen's Bench Division;
(c)the President of the Family Division;
(d)the Chancellor of the High Court.
(6)Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.
[F11(6A)Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).]
(7)In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—
(a)the Lord Chief Justice, or
(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
(8)In this section “required oaths” means—
(a)the oath of allegiance, and
(b)the judicial oath,
as set out in the Promissory Oaths Act 1868.]
Textual Amendments
F1Words in s. 10 sidenote substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)
F2Words in s. 10(1) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(2)(a); S.I. 2005/2505, art. 2(c)
F3Words in s. 10(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)
F4Words in s. 10(2) inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 15; S.I. 2013/1725, art. 2(g)
F5Words in s. 10(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)
F6Words in s. 10(3)(a) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(4); S.I. 2005/2505, art. 2(c)
F7Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(1)(a)
F8S. 10(3)(b)(i)(c)(i) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50(6), 148, Sch. 10 para. 13(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F9Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(1)(b)
F10S. 10(4)-(8) substituted (3.4.2006) for s. 10(4) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 122(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)
F11S. 10(6A) inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 88; S.I. 2013/1725, art. 2(g)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: