Part I Constitution and Administration
F35District judges and deputy district judges
6F1 District judges.
1
Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.
F232
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3
A reference in any enactment or other instrument to the district judge for a district or of a county court F25is—
a
if the context permits, a reference to the county court, and
b
otherwise is a reference to a judge of the county court.
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5
A district judge is to be paid such salary F39and such allowances as may be determined by the Lord Chancellor with the concurrence of the Treasury.
6
A salary payable under this section may be increased but not reduced by a determination or further determination under this section.
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C28C1F3Deputy district judges.
F41
1ZA
A person is qualified for appointment under subsection (1) only if the person—
a
is qualified for appointment as a district judge, or
b
holds, or has held, the office of district judge.
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F401ZC
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F36F51A
Any appointment of a person as a deputy district judge must not be such as to, or be extended so as to, extend beyond the day on which the person attains the age of 75.
F27F61B
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1C
F281D
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2
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3
The Lord Chancellor may pay to any person appointed under this section as deputy district judgesuch remuneration and allowances as he may, with the approval of the Treasury, determine.
F193A
A person appointed under this section may be removed from office as a deputy district judge—
a
only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
b
only on—
i
the ground of inability or misbehaviour, or
ii
a ground specified in the person's terms of appointment.
3B
Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.
3C
Extension under subsection (3B)—
a
requires the person's agreement,
b
is to be for such term as the Lord Chancellor thinks fit, and
c
may be refused on—
i
the ground of inability or misbehaviour, or
ii
a ground specified in the person's terms of appointment,
but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.
3D
Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
3E
The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).
F74
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 F21... (1B).
9 Qualifications F8for appointment as district judge. C3
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
11 Tenure of office. C4
F141
This subsection applies to the office of district judge.
2
F153
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4
A person appointed to an office to which subsection (1) applies shall hold that office during good behaviour.
5
The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor F16, but only with the concurrence of the Lord Chief Justice.
6
The Lord Chancellor may F17, with the concurrence of the Lord Chief Justice, also remove such a person from his office on account of inability to perform the duties of his office.
12 Records of proceedings to be kept F32.... C5
F331
The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.
2
Any entry in a book or other document required by the said regulations to be kept for the purposes of this section, or a copy of any such entry or document purporting to be signed and certified as a true copy by F34a judge of the county court, shall at all times without further proof be admitted in any court or place whatsoever as evidence of the entry and of the proceeding referred to by it and of the regularity of that proceeding.
F183
The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.
4
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 this section.
S. 6 cross-heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 5(4); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)