SCHEDULES

SCHEDULE 13Judicial appointments

Part 4Judicial appointments: selection, and transfer of powers of Lord Chancellor

Deputy district judges to be appointed by Lord Chief Justice

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1

Section 8 of the County Courts Act 1984 (deputy district judges for the county court) is amended as follows.

2

In subsection (1) (Lord Chancellor's power of appointment) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

3

In subsection (1ZB) (Lord Chief Justice's concurrence needed in certain cases) for “Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice” substitute “ Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor ”.

4

In subsection (1A) (ages beyond which appointments may not extend) in each of paragraphs (a) and (b) after “shall not be such as to” insert “ , or be extended under subsection (3B) so as to, ”.

5

After subsection (3) (remuneration) insert—

3A

A person appointed under this section may be removed from office as a deputy district judge—

a

only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

b

only on—

i

the ground of inability or misbehaviour, or

ii

a ground specified in the person's terms of appointment.

3B

Subject to subsections (1A) and (3C), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

3C

Extension under subsection (3B)—

a

requires the person's agreement,

b

is to be for such term as the Lord Chancellor thinks fit, and

c

may be refused on—

i

the ground of inability or misbehaviour, or

ii

a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

3D

Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

3E

The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (3A)(a).

6

In subsection (4) (delegation of Lord Chief Justice's functions) omit “(1ZB) or”.

7

In list A in paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of Lord Chancellor) in the entries for the County Courts Act 1984 for “Section 8(1) and (3)” substitute “ Section 8 ”.