Commentary on Sections: Part 2
Schedule 11: District judges and deputy district judges
301.District judges and deputy district judges exercise jurisdiction, in England and Wales, in both the High Court and the county courts. For deputy district judges there are parallel appointment provisions in the Supreme Court Act 1981 (for deputy district judges in the High Court) and the County Courts Act 1984 (for deputy district judges in the county courts).
302.Paragraph 2 enables the Lord Chief Justice to delegate to another judicial office holder his powers to assign district judges to one or more district registries of the High Court and his powers to change assignments. Paragraph 6 makes similar provision about the assignment of district judges to county court districts.
303.Paragraph 3 amends the provisions in section 102 of the Supreme Court Act 1981 about the appointment of deputy district judges.
304.Provision is made for appointments to be made by the Lord Chancellor, normally subject to the Judicial Appointments Commission (JAC) selection process as prescribed under the Constitutional Reform Act 2005. A retirement age of 70 will apply to these post-holders (with the possibility of extension up to age 75).
305.Further provision is made however that where a person holds or has previously within the last two years held the office of district judge, the Lord Chancellor may appoint that person as a deputy district judge, with the concurrence of the Lord Chief Justice, without that appointment being subject to selection by the JAC. Such persons may be appointed up to (but will have to retire by) the age of 75.
306.The Lord Chief Justice is also given powers, after consulting the Lord Chancellor, to assign any deputy district judge to one or more district registries of the High Court, and to change the assignment. Deputy district judges are given powers to act in district registries to which they have not been assigned, but only in accordance with arrangements made by or on behalf of the Lord Chief Justice.
307.Paragraph 4 makes transitional provision about existing deputy district judges: they continue to be deputy district judges, and are treated as having been assigned to the district registries for which they were appointed. In paragraph 4, the label “the commencement date” is given to the point in time at which paragraph 3 comes into force, not to the entire day at the beginning of which paragraph 3 comes into force.
308.Paragraphs 7 and 10 make, for deputy district judges appointed under section 8 of the County Courts Act 1984, provision similar to that made by paragraphs 3 and 4. The paragraphs respectively modify the provisions in section 8 of the 1984 Act and make transitional provision.
309.Paragraphs 8 and 9 make consequential amendments to the County Courts Act 1984. Paragraphs 11 to 13 make consequential amendments to the judicial-retirement provisions of the Judicial Pensions and Retirement Act 1993. Paragraphs 14 and 15 consequentially amend references to these appointments in other legislation.
