Part I CONSTITUTION OF Senior Courts
The Court of Appeal
2 The Court of Appeal.
(1)
The Court of Appeal shall consist of ex-officio judges and F1not more than 38 ordinary judges.
(2)
The following shall be ex-officio judges of the Court of Appeal—
(a)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
any person who F3was Lord Chancellor before 12 June 2003;
(c)
any F4judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office within paragraphs (d) to (g);
(d)
the Lord Chief Justice;
(e)
the Master of the Rolls;
F5(f)
the President of the Queen's Bench Division;
(g)
the President of the Family Division;
(h)
the Chancellor of the High Court;
but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the F6request of the Lord Chief Justice he consents to do so.
F7(2A)
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 function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.
F8(3)
An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.
(4)
Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum number of ordinary judges of the Court of Appeal.
F9(4A)
It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
(5)
No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.