Constitutional Reform Act 2005

High Court Masters and Registrars U.K.

3 (1) Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is amended as follows. U.K.

(2) In subsection (1), for the words from “the Lord Chancellor” to the end substitute “ Her Majesty. ”

(3) After that subsection insert—

“(1A) The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury.”

(4) For subsection (3) substitute—

“(3) Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).

(3A) A person may be appointed to a senior office only if—

(a) he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or

(b) he does not hold the qualifying office but could be appointed to it in compliance with section 88.

(3B) Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.

(3C) This is the table referred to in subsections (3) and (3A)—

Senior office	Qualifying office
Senior Master of the Queen's Bench Division	Master of the Queen's Bench Division
Chief Chancery Master	Master of the Chancery Division
Chief Taxing Master	Taxing master of the Senior Courts
Chief Bankruptcy Registrar	Registrar in bankruptcy of the High Court
Senior District Judge of the Family Division	Registrar of the Principal Registry of the Family Division”.

(5) Before subsection (8) insert—

“(7A) A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(7B) A salary payable under or by virtue of this section—

(a) may in any case be increased, but

(b) may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

by a determination or further determination under this section.”

Commencement Information

I1 Sch. 3 para. 3 partly in force; Sch. 3 para. 3 not in force at Royal Assent see s. 148; Sch. 3 para. 3(1)(4) in force at 3.4.2006 by S.I. 2006/1014, art. 2(a), Sch. 1 para. 9; Sch. 3 para. 3(2)(3)(5) in force for specified purposes at 3.4.2006 by S.I. 2006/1014, art. 2(a), Sch. 1 para. 9

4 U.K. In section 93(2) of the Mental Health Act 1983 (c. 20) (Court of Protection) for “the Lord Chancellor” substitute “ Her Majesty ”.