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Version Superseded: 31/03/1995
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Senior Courts Act 1981, Section 91 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Supreme Court, he may appoint a person—
(a)to act as a deputy for any person holding an office listed in column 1 of Part II or III of Schedule 2; or
(b)to act as a temporary additional officer in any such office,
during such period or on such occasions as the Lord Chancellor thinks fit.
(2)Subject to subsection (3), a person shall not be qualified for appointment under this section if the office in which he would act by virtue of the appointment is one to which he is not qualified for permanent appointment.
(3)A person may be appointed under this section if he would, but for his age, be qualified for permanent appointment to the office in question and he has previously held a permanent appointment to that office or—
(a)where the office in question is listed in column 1 of Part II of Schedule 2, to any other office so listed; or
(b)where the office in question is listed in column 1 of Part III of that Schedule, to any other office listed in column 1 of either Part II or Part III; or
(c)(whatever the office in question) to the office of county court registrar.
(4)Every person, while acting under this section, shall have all the jurisdiction of a person permanently appointed to the office in which he is acting.
(5)Notwithstanding the expiry of any period for which a person is appointed under this section—
(a)he may act as if that period had not expired for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case with which he may have been concerned during that period; and
(b)for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as acting or, as the case may be, having acted under that appointment.
(6)The Lord Chancellor may, out of money provided by Parliament, pay to any person appointed under this section such remuneration and allowances as he may, with the concurrence of the Minister for the Civil Service, determine.
Modifications etc. (not altering text)
C1S. 91(1)(3) restricted (prosp.) by 1993 c. 8, ss. 26(7)(f), 31(2) (with Sch. 7 paras. 2(2), 3(2), 4)
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