SCHEDULES

SCHEDULE 14Deployment of the judiciary

Part 1Deployment under section 9 of the Senior Courts Act 1981

Requests for assistance under section 9(1) of the Senior Courts Act 1981

I11

1

Section 9 of the Senior Courts Act 1981 (which includes provision for certain judges to act as judges of other courts) is amended as follows.

2

In the table in subsection (1) (judges deployable to certain courts) in column 2 of each of entries 2 and 4 (person who has been a judge of the Court of Appeal, or has been a puisne judge of the High Court, may be asked to act as a judge of the Court of Appeal, High Court or Crown Court) before “and the Crown Court” insert “ , the family court, the county court ”.

3

In that table after entry 4 insert—

4A. The Senior President of Tribunals.

The Court of Appeal and the High Court.

4

In that table, in column 1 of entry 6 (Recorders) after “Recorder” insert “ or a person within subsection (1ZB) ”.

5

After subsection (1) insert—

1ZA

The Senior President of Tribunals is to be treated as not being within any entry in column 1 of the Table other than entry 4A.

1ZB

A person is within this subsection if the person—

a

is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

b

is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

c

is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

d

is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or

e

is the President of Employment Tribunals (England and Wales) or the President of Employment Tribunals (Scotland).

6

In subsection (2B) (requests under certain entries in table in subsection (1) to be made only after consulting Lord Chancellor) after “3,” insert “ 4A, ”.

7

In subsection (2D) (requests to Circuit judge or Recorder to act in High Court require concurrence of Judicial Appointments Commission)—

a

omit “or Recorder”, and

b

for “High Court” substitute “ Court of Appeal ”.

8

For subsection (3) (certain requests under subsection (1) must be complied with) substitute—

3

The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to—

a

a request made to a person who has been a judge of the Court of Appeal,

b

a request made to a person who has been a puisne judge of the High Court and is not a judge of the Court of Appeal, or

c

a request made to the Senior President of Tribunals if the holder of that office is a judge of the Court of Session or of the High Court, or Court of Appeal, in Northern Ireland.

9

In subsection (6A) (Circuit judge or Recorder not to act by virtue of subsection (5) as single judge in Court of Appeal for certain purposes) for “or Recorder” substitute “ , Recorder or person within subsection (1ZB) ”.