Textual Amendments
F1Words 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)
(1)The power to make appointments to the offices in the [F2Senior Courts] listed in column 1 of Parts II and III of Schedule 2 shall be exercisable by [F3Her Majesty.]
[F4(1A)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.
[F6(3)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 [F7of the Queen's Bench Division] shall hold and perform the duties of the offices of the Queen’s Remembrancer and registrar of judgments.
F8(5)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(7A)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.
Textual Amendments
F2Words in s. 89 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)
F3Words in s. 89(1) substituted (3.4.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
F4S. 89(1A) inserted (3.4.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
F5Words inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 37
F6S. 89(3)-(3C) substituted (3.4.2006) for s. 89(3) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(4); S.I. 2006/1014, art. 2(a), Sch. 11 para. 9
F7Words in s. 89(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 33; S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F8S. 89(5)(6)(7) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
F9S. 89(7A)(7B) inserted (3.4.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9