Crime and Courts Act 2013

Deputy Circuit judges to be appointed by Lord Chief Justice U.K.

34 (1) Section 24 of the Courts Act 1971 (deputy Circuit judges and assistant Recorders) is amended as follows. U.K.

(2) In subsection (1) (appointment to facilitate disposal of certain business) for “a county court” substitute “ county court or any other court or tribunal to which a person appointed under this subsection may be deployed ”.

(3) In subsection (1)(a) (Lord Chancellor's power to appoint deputy circuit judges) for “Lord Chancellor may, with the concurrence of the Lord Chief Justice,” substitute “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”.

(4) In subsection (1A) (appointment as deputy Circuit judge not to be such as to continue beyond person's 75th birthday) after “such as to” insert “ , or be extended under subsection (5B) below so as to, ”.

(5) After subsection (5) (remuneration) insert—

“(5A) A person may be removed from office as a deputy Circuit 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.

(5B) Subject to subsections (1A) and (5C), the Lord Chancellor must extend the period of a person's appointment as a deputy Circuit judge (including a period already extended under this subsection) before its expiry; and for this purpose a person appointed to be a deputy Circuit judge on certain occasions is to be treated as having been appointed for a period that expires when the occasions end.

(5C) Extension under subsection (5B)—

(a) requires the person's agreement,

(b) is to be for such period 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.

(5D) Subject to the preceding provisions of this section, a person appointed under this section is to hold and vacate office as a deputy Circuit judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.”

(6) In subsection (6) (Lord Chief Justice's power to delegate under section 24(1)(a))—

(a) for “judicial office holder (as defined in section 109(4)” substitute “ senior judge (as defined in section 109(5) ”, and

(b) after “subsection (1)(a)” insert “ or (5A)(a) ”.

(7) In Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 71(2)(c) (superseded amendment of section 24(1)(a) of the Courts Act 1971).

Commencement Information

I1 Sch. 13 para. 34 in force at 1.10.2013 by S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)