Crime and Courts Act 2013

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

1 (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)”.