Tribunals, Courts and Enforcement Act 2007

3 (1) Section 102 (deputy district judges) is amended as follows. U.K.

(2) For subsections (1) and (2) (appointment of deputy district judges to district registries) substitute—

“(1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district judge.

(1A) A person is qualified for appointment under subsection (1) only if the person—

(a) is qualified for appointment as a district judge, or

(b) holds, or has held, the office of district judge.

(1B) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a) holds the office of district judge, or

(b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1C) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.”

(3) In subsection (3) (former district judge may be appointed as deputy even though too old to be appointed as a district judge, but no appointment by virtue of the subsection may extend beyond age 75), for the words from the beginning to “by virtue of this subsection” substitute “ No appointment to which subsection (1B) applies ”.

(4) For subsection (4) (powers of deputy district judges) substitute—

“(4A) The Lord Chief Justice, after consulting the Lord Chancellor—

(a) may assign a deputy district judge appointed under this section to one or more district registries;

(b) may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).

(4B) A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.

(4C) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.”

(5) After subsection (5) insert—

“(5A) 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 subsection (1B) or (4A).”