- Latest available (Revised)
- Point in Time (26/02/2018)
- Original (As enacted)
Point in time view as at 26/02/2018.
Courts and Legal Services Act 1990, Cross Heading: Judges is up to date with all changes known to be in force on or before 02 September 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)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 M1[F1Senior 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
F1S. 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 [F2Senior 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 [F2Senior 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 [F3Lord Chief Justice may, with the concurrence of the Lord Chancellor,] appoint a judge of the [F2Senior Courts] to exercise, on behalf of the Master of the Rolls, such of those functions as the [F4Lord 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 M2Law of Property Act 1922 (functions in relation to manorial documents);
(b)section 7(1) of the M3Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);
(c)the M4Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);
(d)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(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
F2Words 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)
F3Words 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
F4Words 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
F5S. 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)
F6S. 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.
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(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.”
F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 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)
F8S. 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;
[F9(ba)carry on any notarial activities (within the meaning of the Legal Services Act 2007);]
(c)practise as a barrister, solicitor, public notary [F10, 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
F9S. 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)
F10Words 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)
C1S. 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)[F11Insolvency and Companies Court Judge] ;
(e)Taxing Master of the [F12Senior 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 M5Promissory 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
F11Words 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)
F12Words 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
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?
The Schedules 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: