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Courts Act 2003,
Part 6
is up to date with all changes known to be in force on or before 11 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.
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[F2(1)There is to be a Head of Civil Justice.
(2)The Head of Civil Justice is—
(a)the Master of the Rolls, or
(b)if the Lord Chief Justice appoints another person, that person.
(3)The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.
(4)The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—
(a)the Lord Chief Justice has consulted the Lord Chancellor;
(b)the person to be appointed is one of the following—
(i)the Chancellor of the High Court;
(ii)an ordinary judge of the Court of Appeal.
(5)A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.
(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 this section.]
Textual Amendments
F1S. 62 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 4 para. 330; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F2S. 62 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 4 para. 330; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
(1)In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) substitute—
“(3)An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.”
(2)“The 1981 Act” means the [F3Senior Courts Act 1981](c. 54).
Textual Amendments
F3Words in s. 63(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1; {S.I. 2009/1604, art. 2(d)}
(1)The Lord Chancellor may by order—
(a)alter the name of an office listed in subsection (2);
(b)provide for or alter the way in which the holders of any of those offices are to be styled.
(2)The offices are—
Admiralty Registrar
Assistant Recorder
[F4Chancellor of the High Court]
Circuit judge
Deputy Circuit judge
Deputy district judge appointed under section 102 of the 1981 Act
Deputy district judge [F5appointed under section 8 of the County Courts Act 1984]
[F6Deputy Head of Civil Justice]
[F7Deputy Head of Family Justice]
Deputy judge of the High Court
District judge for a county court district
District judge of the High Court
District judge of the principal registry of the Family Division
District probate registrar
[F8Head of Civil Justice]
[F9Head of Family Justice]
Lord Chief Justice
Master of the Chancery Division
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Master of the Queen’s Bench Division
Master of the Rolls
Ordinary judge of the Court of Appeal
[F11President of the Courts of England and Wales]
[F12President of the Court of Protection,]
President of the Family Division
[F13President of the Queen's Bench Division]
Presiding Judge for a Circuit
Puisne judge of the High Court
Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals
Recorder
Registrar in Bankruptcy of the High Court
[F14Senior Judge of the Court of Protection,]
Senior Presiding Judge for England and Wales
Taxing Master of the [F15Senior Courts]
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vice-president of the Court of Appeal
[F17Vice-president of the Court of Protection.]
Vice-president of the Queen’s Bench Division.
(3)The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 91(1)(a) of the 1981 Act are to be styled.
[F18(3A)The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]
(4)Before making an order under this section the Lord Chancellor must consult—
(a)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Master of the Rolls,
[F20(ba)the President of the Queen's Bench Division,
(c)the President of the Family Division, and
(d)the Chancellor of the High Court.]
(5)An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) or (3).
(6)The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.
[F21(7)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
F4Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(i); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F5Words in s. 64(2) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007, (c. 39), ss. 56, 148, {Sch. 11 para. 14}
F6Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(ii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F7Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(iv); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F8Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(v); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F9Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(vii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F10Words in s. 64(2) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 47(3)(a), Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F11Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(viii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F12Words in s. 64(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 3(b)(ii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F13Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(ix); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F14Words in s. 64(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 3(b)(i) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F15Words in s. 64(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2
F16Words in s. 64(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 331(2)(a) {Sch. 18 Pt. 2}; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)
F17Words in s. 64(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 67(1), 68(1)-(3), Sch. 6 para. 3(b)(iii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)
F18S. 64(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F19S. 64(4)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 331(4)(b)(i), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z), 30(b)
F20S. 64(4)(ba)-(d) substituted (3.4.2006) for s. 64(4)(c)(d) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(4)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
F21S. 64(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)
(1)In section 8(1) of the 1981 Act (persons who are judges of the Crown Court), in paragraph (b) for “or Recorder” substitute “ , Recorder or District Judge (Magistrates' Courts) ”.
(2)Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).
(3)References in any enactment, instrument or other document to a district judge or deputy district judge do not include—
(a)a District Judge (Magistrates' Courts), or
(b)a Deputy District Judge (Magistrates' Courts).
(1)Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—
(a)criminal causes and matters, and
(b)family proceedings as defined by section 65 of the 1980 Act.
(2)The offices are—
(a)judge of the High Court;
(b)deputy judge of the High Court;
(c)Circuit judge;
(d)deputy Circuit judge;
(e)recorder.
(3)For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.
(4)For the purposes of section 67 of the 1980 Act—
(a)a judge of the High Court or a deputy judge of the High Court is qualified to sit as a member of a family proceedings court to hear family proceedings of any description, and
(b)a Circuit judge, deputy Circuit judge or recorder is qualified to sit as a member of a family proceedings court to hear family proceedings of any description if he has been nominated to do so by the President of the Family Division.
Commencement Information
I1S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)
Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.
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