Senior Courts Act 1981

Changes over time for: Section 9

Version Superseded: 01/10/2009

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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 [F1subject 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 [F2and the Court of Appeal].
[F36. A Recorder]	[F3The High Court]

[F4The 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)—

[F6“the appropriate authority” means—
(a)
the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or
(b)
at any time when the Lord Chief Justice or the nominated judicial office holder 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;]
“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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(2A)The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

(2B)In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.

(2C)In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.

(2D)In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.]

(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 M1Courts Act 1971 (temporary appointment of deputy Circuit judges and assistant Recorders), if it [F9appears to the Lord Chief Justice, after consulting 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 [F10Lord Chief Justice may, after consulting the Lord Chancellor, think 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.

[F11(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 [F12subsections (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)[F13subject 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.

[F14(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 [F15, 31B, 31C] and 44 of the M2Criminal 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).]

F16(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).

[F17(9)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 functions under subsection (4).]

Textual Amendments

F1Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(a); S.I. 1994/3258, art.2.

F2Words 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.

F3Entry added by Administration of Justice Act 1982 (c. 53, SIF 37), s. 58

F4Words in s. 9(1) inserted (11.1.1995) by 1994 c. 33, s. 52(2)(c); S.I. 1994/3258, art.2.

F5S. 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.

F6S. 9(2): definition of "the appropriate authority" substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 121(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(l)

F7Words in s. 9(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 121(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(l), 30(b)