40[F1(1)Section 94A of the Constitutional Reform Act 2005 (certain appointments by Lord Chancellor not subject to section 85 but require concurrence of Lord Chief Justice) is amended as follows.U.K.
(2)For subsection (1)(b) (concurrence requirement) substitute—
“(b)the person who has the power to make the appointment, whether the Lord Chancellor or the Lord Chief Justice, may not make the appointment without the concurrence of the other of them.”
(3)In subsection (3) (Lord Chief Justice may delegate function under subsection (1)(b)) after “function” insert “ of concurring ”.]
Textual Amendments
F1Sch. 13 para. 40 omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 15; S.I. 2022/1014, reg. 2(d) (with reg. 3)
Commencement Information
I1Sch. 13 para. 40 in force at 1.10.2013 by S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
41(1)Schedule 14 to that Act (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.U.K.
(2)For the title of Part 2 substitute “Court-related appointments”.
(3)The table in Part 2 (appointments by the Lord Chancellor) becomes Table 1 of that Part called “ Appointments by the Lord Chancellor ”.
(4)Move the entries for the following offices from Table 1 of Part 2 to form Table 2 of that Part called “Appointments by the Lord Chief Justice” (and with the same column headings)—
Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Senior Courts Act 1981
Deputy district judge appointed under section 102(1) of that Act
Deputy district judge appointed under section 8(1) of the County Courts Act 1984
Justice of the Peace appointed under section 10(1) of the Courts Act 2003 (justices of the peace other than District Judges (Magistrates' Courts))
Deputy District Judge (Magistrates' Courts) appointed under section 24(1) of the Courts Act 2003
(5)In Table 2 of Part 2, in the first of the entries moved by this paragraph to form that table, omit “by the Lord Chancellor”.
(6)In Table 1 of Part 2 omit the entry for the following former office—
Justice of the Peace appointed under section 5 of the Justices of the Peace Act 1997
Commencement Information
I2Sch. 13 para. 41 in force at 1.10.2013 by S.I. 2013/2200, art. 3(e) (with art. 4) (with savings in S.I. 2013/2192, regs. 48, 49)