- Latest available (Revised)
- Point in Time (25/06/2013)
- Original (As enacted)
Point in time view as at 25/06/2013. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Senior Courts Act 1981, Section 91 is up to date with all changes known to be in force on or before 23 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If it appears to [F1the Lord Chancellor] that it is expedient to do so in order to facilitate the disposal of business in the [F2Senior Courts], he may appoint a person—
(a)to act as a deputy for any person holding an office listed in column 1 of Part II F3. . . of Schedule 2; or
(b)to act as a temporary additional officer in any such office,
during such period or on such occasions as [F4[F5the Lord Chancellor may] think fit].
[F6(1ZA)The Lord Chancellor may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chief Justice.
(1ZB)Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies.
(1ZC)In this section a “holder of relevant office” means a person who holds, or has held within two years ending with the date when his appointment under this section takes effect—
(a)any office listed in column 1 of Part 2 or 3 of Schedule 2, or
(b)the office of district judge.]
[F7(1A)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—
(a)to act as a deputy for any person holding an office listed in column 1 of Part 3 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 may think 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.
[F8(3)An appointment under this section may extend until the day on which a person attains the age of seventy-five years if it is an appointment of a holder of relevant office.]
(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.
F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
[F10(7)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 [F11subsection (1ZA)].]
Textual Amendments
F1Words in s. 91(1) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(2)(a), 148(5)
F2Words in s. 91 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. 91(1)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 139(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. paras. 11(p), 30(b)
F4Words in s. 91(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 139(2)(c); S.I. 2006/1014, art. 2(a), Sch. para. 11(p)
F5Words in s. 91(1) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(2)(b), 148(5)
F6S. 91(1ZA)-(1ZC) inserted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(3), 148(5)
F7S. 91(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 139(3); S.I. 2006/1014, art. 2(a), Sch. para. 11(p)
F8S. 91(3) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(3), 148(5)
F10S. 91(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 139(4); S.I. 2006/1014, art. 2(a), Sch. para. 11(p)
F11Words in s. 91(7) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 57(5), 148(5)
Modifications etc. (not altering text)
C1S. 91(1)(3) restricted (31.3.1995) by 1993 c. 8, s. 26(7)(f), (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: