Part IIIJudicial and Other Offices and Judicial Pensions

Judicial appointments

C1C2C3C4C571 Qualification for judicial and certain other appointments.

1

In section 10(3) of the M1Supreme Court 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 “Supreme Court qualification” if he has a right of audience in relation to all proceedings in the Supreme Court;

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 Supreme Court, 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 county courts;

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 granted by an authorised body.

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.

F16

Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the authorised body concerned from exercising it shall not count towards the period mentioned in subsection (5)(b).

F27

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F28

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