Part 6 E+WJudges

Offices, titles, styles etc.E+W

62[F1Head and Deputy Head of Civil Justice]E+W

[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

63Ordinary judges of the Court of AppealE+W

(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

64Power to alter judicial titlesE+W

(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—

(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.

[F22(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)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Master of the Rolls,

[F24(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.

[F25(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) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 89(2)(i); S.I. 2013/1725, art. 2(g)

F6Words in s. 64(2) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007, (c. 39), ss. 56, 148, {Sch. 11 para. 14}

F9Words in s. 64(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F24S. 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)

Flexibility in deployment of judicial resourcesE+W

65District Judges (Magistrates' Courts) as Crown Court judges etc.E+W

F26(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

66Judges having powers of District Judges (Magistrates' Courts)E+W

(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,F27...

F27(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The offices are—

(a)judge of the High Court;

[F28(aa)Master of the Rolls;

(ab)ordinary judge of the Court of Appeal;

(ac)Senior President of Tribunals;]

(b)deputy judge of the High Court;

(c)Circuit judge;

(d)deputy Circuit judge;

(e)recorder.

[F29(f)Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(g)judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(h)transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

(i)deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j)office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

(k)district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

(l)deputy district judge appointed under section 102 of the Senior Courts Act 1981;

(m)judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

(n)transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

(o)member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F30(2A)A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.]

(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.

F31(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(5) In this section “ qualifying judge advocate ” means—

(a)the Judge Advocate General; or

(b)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6)Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.]

[F33(7)This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.]

Textual Amendments

F27S. 66(1)(b) and word in s. 66(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F31S. 66(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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)

67Removal of restriction on Circuit judges sitting on certain appealsE+W

Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.