(1)The power to make rules of court under section 84 in relation to the High Court and the civil division of the Court of Appeal shall be exercisable by the Lord Chancellor together with any four or more of the following persons, namely—
(a)the Lord Chief Justice,
(b)the Master of the Rolls,
(c)the President of the Family Division,
(d)the Vice-Chancellor,
(e)three other judges of the [F3Senior Courts],
[F4(f)two persons who have a [F3Senior Courts] qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
(g)two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the [F3Senior Courts].]
(2)The persons mentioned in subsection (1), acting in pursuance of that subsection, shall be known as “the [F3Senior Courts] Rule Committee”.
(3)The persons to act in pursuance of subsection (1) with the Lord Chancellor, other than those eligible to act by virtue of their office, shall be appointed by the Lord Chancellor for such time as he may think fit.
[F5(4)Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.]]
Textual Amendments
F1Words in s. 85 sidenote 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)
F2S. 85 omitted (26.4.1999) by virtue of 1997 c. 12, s. 10, Sch. 2 para. 1(5); S.I. 1999/1009, art. 3(c)
F3Words in s. 85 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)
F4S. 85(1)(f)(g) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 36(1)(a)