Senior Courts Act 1981

9 Assistance for transaction of judicial business of Supreme Court. E+W

(1) A person within any entry in column 1 of the following Table may [F1 subject to the provision at the end of that Table] at any time, at the request of the appropriate authority, act—

(a) as a judge of a relevant court specified in the request; or

(b) if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.

Table

1	2
Judge or ex-judge	Where competent to act on request
1. A judge of the Court of Appeal.	The High Court and the Crown Court.
2. A person who has been a judge of the Court of Appeal.	The Court of Appeal, the High Court and the Crown Court.
3. A puisne judge of the High Court.	The Court of Appeal.
4. A person who has been a puisne judge of the High Court.	The Court of Appeal, the High Court and the Crown Court.
5. A Circuit judge.	The High Court [F2 and the Court of Appeal].
[F3 6. A Recorder]	[F3 The High Court]

[F4 The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.]

[F5 (1A) A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.]

(2) In subsection (1)—

• “the appropriate authority”—

  (a)

  in the case of a request to a judge of the High Court [F6 or a Circuit judge]to act in the criminal division of the Court of Appeal as a judge of that court, means the Lord Chief Justice or, at any time when the Lord Chief Justice is unable to make such a request himself or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;

  (b)

  in any other case means the Lord Chancellor;

• “relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.

• [F7 But no request shall be made to a Circuit judge to act as a judge of a court in the criminal division of the Court of Appeal unless he is approved for the time being by the Lord Chancellor for the purpose of acting as a judge of that division.]

(3) In the case of—

(a) a request under subsection (1) to a Lord Justice of Appeal to act in the High Court; or

(b) any request under that subsection to a puisne judge of the High Court or a Circuit judge,

it shall be the duty of the person to whom the request is made to comply with it.

(4) Without prejudice to section 24 of the M1 Courts Act 1971 (temporary appointment of deputy Circuit judges and assistant Recorders), if it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court, he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the Lord Chancellor thinks fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.

[F8 (4A) No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).]

(5) Every person while acting under this section shall, subject to [F9 subsections (6) and (6A)], be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.

(6) A person shall not by virtue of subsection (5)—

(a) be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—

(i) the appointment, retirement, removal or disqualification of judges of that court;

(ii) the tenure of office and oaths to be taken by such judges; or

(iii) the remuneration, allowances or pensions of such judges; or

(b) [F10 subject to section 27 of the Judicial Pensions and Retirement Act 1993], be treated as having been a judge of a court in which he has acted only under this section.

[F11 (6A) A Circuit judge or Recorder shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 and 44 of the M2 Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the House of Lords).]

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament—

(a) to any person who has been—

(i) a Lord of Appeal in Ordinary; or

(ii) a judge of the Court of Appeal; or

(iii) a judge of the High Court,

and is by virtue of subsection (1) acting as mentioned in that subsection;

(b) to any deputy judge of the High Court appointed under subsection (4).

Textual Amendments

F1 Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(a); S.I. 1994/3258, art.2.

F2 Words in the Table in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(b); S.I. 1994/3258, art.2.

F3 Entry added by Administration of Justice Act 1982 (c. 53, SIF 37), s. 58

F4 Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(c); S.I. 1994/3258, art.2.

F5 S. 9(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F6 Words in definition of “the appropriate authority” in s. 9(2) inserted (11.1.1995) by 1994 c. 33, s. 52(3)(a); S.I. 1994/3258, art.2.

F7 Words in s. 9(2) inserted (11.1.1995) by 1994 c. 33, s. 52(3)(b); S.I. 1994/3258, art.2.

F8 S. 9(4A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(2) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F9 Words in s. 9(5) substituted (11.1.1995) by 1994 c. 33, s. 52(4); S.I. 1994/3258, art.2.

F10 S. 9(6)(b) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 5(3) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F11 S. 9(6A) inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art.2.

F12 S. 9(7) repealed (31.3.1995) by 1993 c. 8, s. 31(4), Sch.9; S.I. 1995/631, art.2.

Modifications etc. (not altering text)

C1 S. 9 restricted (31.3.1995) by 1993 c. 8, s. 26(7)(c) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

Marginal Citations

M1 1971 c. 23.

M2 1968 c. 19.