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This version of this part contains provisions that are prospective.
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. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Courts and Legal Services Act 1990, Part III is up to date with all changes known to be in force on or before 23 November 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)In section 10(3) of the M1[F1Senior Courts Act 1981]—
(a)in paragraph (b) (qualification for appointment as Lord Justice of Appeal) for the words “unless he is a barrister of at least fifteen years’ standing or a judge of the High Court” there shall be substituted— “unless—
(i)he has a 10 year High Court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(ii)he is a judge of the High Court;”;
(b)in paragraph (c) (qualification for appointment as puisne judge of the High Court) for the words “unless he is a barrister of at least ten years’ standing” there shall be substituted— “unless—
(i)he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(ii)he is a Circuit judge who has held that office for at least 2 years.”
(2)Schedule 10 shall have effect for the purpose of making amendments to other enactments, measures and statutory instruments which relate to qualification for judicial and certain other appointments.
(3)For the purposes of this section, a person has—
(a)a ” [F2Senior Courts] qualification" if he has a right of audience in relation to all proceedings in the [F2Senior Courts];
(b)a “High Court qualification” if he has a right of audience in relation to all proceedings in the High Court;
(c)a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the [F2Senior Courts], or all proceedings in county courts or magistrates’ courts;
(d)a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;
(e)a “county court qualification” if he has a right of audience in relation to all proceedings in [F3the county court];
(f)a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.
(4)References in subsection (3) to a right of audience are references to a right of audience [F4exercisable by virtue of an authorisation given by a relevant approved regulator].
(5)Any reference in any enactment, measure or statutory instrument to a person having such a qualification of a particular number of years’ length shall be construed as a reference to a person who—
(a)for the time being has that qualification, and
(b)has had it for a period (which need not be continuous) of at least that number of years.
[F5(6)Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by [F6the relevant approved regulator] from exercising it shall not count towards the period mentioned in subsection (5)(b).]
[F7(6A)In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]
F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 71: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
F2Words in s. 71 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
F3Words in s. 71(3)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 35; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4Words in s. 71(4) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F5S. 71(6) substituted (27.9.1999) by 1999 c. 22, s. 43, Sch. 6 paras. 4, 9 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)
F6Words in s. 71(6) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F7S. 71(6A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 94(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F8S. 71(7)(8) repealed (27.9.1999) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(ii)(a), Sch. 2 Pt. I para. 2(c)
Modifications etc. (not altering text)
C1S. 71 applied (E.W.S.) (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 54 (with s. 9(2)); S.I. 1992/1431, art. 2, Sch.
C2S. 71 applied (E.W.S.) (1.7.1992) by Social Security Administration Act 1992 (c. 5, SIF 113:1), ss. 191, 192(4)
C3S. 71 modified (1.4.1999) by 1998 c. 41, s. 45(7), Sch. 7 Pt. III para. 26(2)(a) (with s. 73); S.I. 1999/505, art. 2
C4S. 71 applied (1.3.2000) by S.I. 2000/261, rule 2(2)(a)
C5S. 71 applied (28.4.2003) by 2002 c. 9, ss. 107, 136(2), Sch. 9 para. 4(2) (with s. 129); S.I. 2003/1028, art. 2
Marginal Citations
(1)For each of the Circuits there shall be at least two Presiding Judges, appointed from among the puisne judges of the High Court.
(2)There shall be a Senior Presiding Judge for England and Wales, appointed from among the Lords Justices of Appeal.
(3)Any appointment under subsection (1) or (2) shall be made by the Lord Chief Justice with the agreement of the Lord Chancellor.
(4)In this section “the Circuits” means—
(a)the Midland and Oxford Circuit;
(b)the North Eastern Circuit;
(c)the Northern Circuit;
(d)the South Eastern Circuit;
(e)the Western Circuit; and
(f)the Wales and Chester Circuit,
or such other areas of England and Wales as the Lord Chancellor may from time to time, after consulting the Lord Chief Justice, direct.
(5)A person appointed as a Presiding Judge or as the Senior Presiding Judge shall hold that office in accordance with the terms of his appointment.
(6)In section 4 of the M2[F9Senior Courts Act 1981] (composition of High Court)—
(a)in subsection (1), after the words “Vice-Chancellor" there shall be inserted—
“(dd)the Senior Presiding Judge”; and
(b)in subsection (6) for the words “or Vice-Chancellor" there shall be substituted “ Vice-Chancellor or Senior Presiding Judge" ”.
Textual Amendments
F9S. 72: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Marginal Citations
(1)Where the Master of the Rolls expects to be absent at a time when it may be appropriate for any relevant functions of his to be exercised, he may appoint a judge of the [F10Senior Courts] to exercise those functions on his behalf.
(2)Where the Master of the Rolls considers that it would be inappropriate for him to exercise any such functions in connection with a particular matter (because of a possible conflict of interests or for any other reason), he may appoint a judge of the [F10Senior Courts] to exercise those functions on his behalf in connection with that matter.
(3)Where the Master of the Rolls is incapable of exercising his relevant functions, the [F11Lord Chief Justice may, with the concurrence of the Lord Chancellor,] appoint a judge of the [F10Senior Courts] to exercise, on behalf of the Master of the Rolls, such of those functions as the [F12Lord Chief Justice and Lord Chancellor consider] appropriate.
(4)Any appointment under this section shall be in writing and shall specify—
(a)the functions which may be exercised by the appointed judge; and
(b)the period for which the appointment is to have effect.
(5)In this section “relevant functions” means any functions of the Master of the Rolls under—
(a)section 144A of the M3Law of Property Act 1922 (functions in relation to manorial documents);
(b)section 7(1) of the M4Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);
(c)the M5Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);
(d)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14(6)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 (3).]
Textual Amendments
F10Words in s. 73 substituted (1.1.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
F11Words in s. 73(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 215(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
F12Words in s. 73(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 215(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
F13S. 73(5)(d) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ff) (with art. 9)
F14S. 73(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 215(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
Marginal Citations
(1)The offices of—
(a)registrar, assistant registrar and deputy registrar for each county court district; and
(b)district registrar, assistant district registrar and deputy district registrar for each district registry of the High Court,
shall become the offices of district judge, assistant district judge and deputy district judge respectively.
(2)The office of registrar of the principal registry of the Family Division of the High Court shall become the office of district judge of the principal registry of the Family Division.
(3)Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section applies shall be construed as a reference to, or (as the case may be) as including a reference to, that office by its new name.
F15(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In section 118 of that Act (power of judge to commit for contempt) after subsection (2) there shall be inserted—
“(3)A district judge, assistant district judge or deputy district judge shall have the same powers under this section in relation to proceedings before him as a judge.”
F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15S. 74(4)(5) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 141; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F16S. 74(7) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement Information
I1S. 74 wholly in force; S. 74(1)-(3) in force at 1.1.1991 see s. 124(3) and S.I. 1990/2484, s. 74(4)-(7) in force at 1.7.1991 see s. 124(3) and S.I. 1991/1364, art. 2, Sch.
No person holding as a full-time appointment any of the offices listed in Schedule 11 shall—
(a)provide any advocacy or litigation services (in any jurisdiction);
(b)provide any conveyancing or probate services;
[F17(ba)carry on any notarial activities (within the meaning of the Legal Services Act 2007);]
(c)practise as a barrister, solicitor, public notary [F18, licensed conveyancer or licensed CLC practitioner] , or be indirectly concerned in any such practice;
(d)practise as an advocate or solicitor in Scotland, or be indirectly concerned in any such practice; or
(e)act for any remuneration to himself as an arbitrator or umpire.
Textual Amendments
F17S. 75(ba) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 95 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F18Words in s. 75(c) substituted (29.6.2015) by Deregulation Act 2015 (c. 20), s. 115(6)(b), Sch. 19 para. 11; S.I. 2015/1402, art. 2(b)
Modifications etc. (not altering text)
C6S. 75 applied (1.9.1992) by Child Support Act 1991 (c. 48, SIF 20), ss. 21(4), 22(5), Sch. 3 para. 4(6), Sch. 4 para.3, (with s. 9(2)); S.I. 1992/1938, art.2
(1)A person holding any of the following offices—
(a)district judge, including district judge of the principal registry of the Family Division;
(b)Master of the Queen’s Bench Division;
(c)Master of the Chancery Division;
(d)[F19Insolvency and Companies Court Judge] ;
(e)Taxing Master of the [F20Senior Courts] ;
(f)Admiralty Registrar,
shall take the oath of allegiance and the judicial oath before a judge of the High Court or a Circuit judge.
(2)The M6Promissory Oaths Act 1868 shall have effect as if the offices listed in the Second Part of the Schedule to that Act included those offices.
Textual Amendments
F19Words in s. 76(1)(d) substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 8(a)
F20Words in s. 76 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009.1604, {art. 2(d)}
Marginal Citations
Textual Amendments
F21Words in cross-heading before s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
(1)In section 92 of the M7[F23Senior Courts Act 1981] (tenure of office) for subsection (2) there shall be substituted—
“(2)Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2 except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.
(2A)Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixty-two years.
(2B)Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2 and the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals.
(2C)For the purposes of subsections (1) and (2A) a person who has successively held two or more offices listed in column 1 of Part I or II of Schedule 2 shall be treated as completing a year of service on the anniversary of his appointment to the first of them.”
(2)After subsection (3) of that section (retirement age increased in certain circumstances to 75 years) there shall be inserted—
“(3A)Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.”
(3)In subsection (4) of that section (person to hold office during good behaviour) after the words “subsection (1)" there shall be inserted “ or (2A)" ”.
Textual Amendments
F22Words in sidenote to s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
F23S. 77: for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
Marginal Citations
(1)The office of Registrar of Criminal Appeals shall be combined with the office of Queen’s Coroner and Attorney and Master of the Crown Office.
(2)After section 13 of the M8Judicial Pensions Act 1981 there shall be inserted—
There may be paid to persons who have held the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals such superannuation allowances as the Lord Chancellor may, with the approval of the Treasury, determine.”
(3)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24S. 78(3)(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
Marginal Citations
(1)The following section shall be inserted in the Judicial Pensions Act 1981, after section 18 (which sets out the conditions on which a widow’s pension is payable)—
(1)Section 18 above shall have effect in relation to the death of a female person as it has effect in relation to the death of a male person but as if—
(a)for the words “widow", “widow’s pension" and “wife" there were substituted “ widower" ”, “ widower’s pension" ” and “ husband" ”; and
(b)for the words “his", “he" and “him" there were substituted “ hers" ”, “ she" ” and “ her" ”.
(2)The transitional provisions in Part IV of Schedule 2 to this Act shall have effect in relation to widowers’ pensions.”
(2)The transitional provisions set out in Schedule 12 shall be inserted in the Act of 1981 as Part IV of Schedule 2 to that Act.
Commencement Information
I2S. 79 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
For section 19 of the Judicial Pensions Act 1981 (determination of widow’s pension) there shall be substituted—
(1)No widow’s or widower’s pension may be granted if the marriage with the deceased took place after he or she retired from relevant service.
(2)A widow’s or widower’s pension shall come to an end on the death of the widow or widower.
(3)Where a widow’s or widower’s pension is payable the Treasury may, on or at any time after the re-marriage of the widow or widower, direct that it shall cease to be payable.
(4)Where such a direction has been given the Treasury may at any time direct that payment of the pension is to be resumed.
(5)The annual amount of a widow’s or widower’s pension may be one half of the annual amount of the personal pension.”
Commencement Information
I3S. 80 wholly in force at 1.1.1992 see s. 124(3) and S.I. 1991/2730, art. 2,Sch.
Prospective
Schedule 13 amends the Judicial Pensions Act 1981 by inserting a new Schedule 1A, which makes provision for the transfer of accrued rights into and out of the judicial pension schemes constituted by that Act and the M9Sheriffs’ Pensions (Scotland) Act 1961.
Marginal Citations
(1)In the Judicial Pensions Act 1981, the following section shall be inserted after section 33—
(1)Regulations shall make provision entitling any member of a judicial pension scheme constituted by this Act or the Sheriffs’ Pensions (Scotland) Act 1961 to make voluntary contributions towards the cost of the provision of additional benefits under the scheme.
(2)The regulations—
(a)may not prohibit the payment of voluntary contributions;
(b)may not impose any limit on the amount which any member may pay by way of voluntary contributions other than an upper limit corresponding to that for the time being fixed by or under section 594 of the Income and Corporation Taxes Act 1988 (exempt statutory schemes);
(c)must secure that any voluntary contributions paid by a member of a scheme are used to provide prescribed additional benefits for or in respect of him; and
(d)must secure that the value of such additional benefits is reasonable, having regard to—
(i)the amount paid by way of voluntary contributions;
(ii)the value of the other benefits provided under the scheme; and
(iii)the general value of benefits available to a person under any contract of life insurance entered into by him with an insurance company to which Part II of the Insurance Companies Act 1982 (regulation of insurance companies carrying on insurance business within the United Kingdom) applies.
(3)The regulations may, in particular—
(a)provide that the value of additional benefits offered on payment of voluntary contributions shall be determined in accordance with prescribed rules based on tables prepared for the purposes of the regulations by the Government Actuary; and
(b)prescribe the manner in which it is to be determined in any case whether the amount of a person’s contributions exceeds any limit imposed by virtue of subsection (2)(b) above.
(4)Nothing in subsection (2) shall be taken to prevent the regulations from limiting the overall amount which a member may pay by way of voluntary contributions by reference to the maximum entitlement of members under the scheme.
(5)Regulations made under this section may make provision for consequential and incidental matters, including, in particular, consequential provision with respect to any enactment referring or relating to lump sums payable under Part II of this Act.
(6)Regulations under this section may be made—
(a)by the Lord Chancellor; or
(b)in relation to pensions for service in offices existing only in Scotland, by the Secretary of State,
with the consent of the Treasury.
(7)The power to make regulations under this section shall be exercisable by statutory instrument.
(8)Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In Article 14 of the M10Social Security (Northern Ireland) Order 1986 (voluntary contributions in Northern Ireland) the following paragraph shall be inserted after paragraph (10)—
“(10A)This Article does not apply in relation to any pension payable under the Judicial Pensions Act 1981.”
Textual Amendments
F25S. 82(2) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2
Marginal Citations
(1)In each of the following provisions (which among other things require a minimum number of years service for qualification for superannuation benefits)—
(a)section 7(1) of the Judicial Pensions Act 1981 (stipendiary magistrates);
(b)section 9(1) of that Act (Judge Advocate General);
(c)paragraph 4(1)(b) of Schedule 1 to that Act (Supreme Court officers etc); and
(d)section 1(1) of the Sheriffs’ Pensions (Scotland) Act 1961,
for the words “5 years", or “five years", there shall be substituted, in each case, “ 2 years" ”.
(2)In section 7(3) of the Act of 1981 (rate of pension payable to a stipendiary magistrate) for “(a)" there shall be substituted—
“(a)if the period of service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary,
(aa)”.
(3)In section 9 of the Act of 1981 (rate of pension payable to Judge Advocate General) the following subsection shall be inserted after subsection (3)—
“(3A)The annual rate of pension payable under this section to a person retiring after less than 5 (but not less than 2) years service shall be 6/80ths of his last annual salary.”
(4)In paragraph 4(4) of Schedule 1 to the Act of 1981 (rate of pension payable to an officer of the Supreme Court etc.) for “(a)" there shall be substituted—
“(a)if the period of relevant service amounts to less than 5 (but not less than 2) years, 6/80ths of his last annual salary,
(aa)”.
(5)In subsections (2) and (3) of section 3 of the Sheriffs’ Pensions (Scotland) Act 1961 (rate of pension payable to sheriff and salaried sheriff-substitute) for “(a)" there shall, in each case, be substituted—
“(a)where the period of his relevant service exceeds two years but is less than five years, six eightieths of his last annual salary;
(aa)”.
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26S. 84 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group. 4}
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