(1)Every Circuit judge shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales, and the [F1Lord Chief Justice shall, after consulting the Lord Chancellor,] assign one or more Circuit judges to each district and may from time to time vary the assignment of Circuit judges among the districts.
(2)Subject to any directions given by [F2the Lord Chief Justice after consulting the Lord Chancellor], in any case where more than one Circuit judge is assigned to a district under subsection (1), any function conferred by or under this Act on the judge for a district may be exercised by any of the Circuit judges for the time being assigned to that district.
(3)The following, that is—
every judge of the Court of Appeal,
every judge of the High Court,
every Recorder,
shall, by virtue of his office, be capable of sitting as a judge for any county court district in England and Wales and, if he consents to do so, shall sit as such a judge at such times and on such occasions as the [F3Lord Chief Justice considers desirable after consulting the Lord Chancellor].
(4)Notwithstanding that he is not for the time being assigned to a particular district, a Circuit judge—
(a)shall sit as a judge of that district at such times and on such occasions as the [F4Lord Chief Justice may, after consulting the Lord Chancellor, direct]; and
(b)may sit as a judge of that district in any case where it appears to him that the judge of that district is not, or none of the judges of that district is, available to deal with the case.
[F5(5)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.]
Textual Amendments
F1Words in s. 5(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 163(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F2Words in s. 5(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 163(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F3Words in s. 5(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 163(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F4Words in s. 5(4)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 163(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)
F5S. 5(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148(1), Sch. 4 para. 163(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)