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) ”.

Deputy judges of the High Court

I22

1

Section 9 of the Senior Courts Act 1981 (which includes provision about the appointment of deputy judges of the High Court) is amended as follows.

2

In subsection (4) (power of Lord Chief Justice to appoint deputy judges to facilitate disposal of business in the High Court or Crown Court) after “Crown Court” insert “ or any other court or tribunal to which persons appointed under this subsection may be deployed ”.

3

After subsection (8) (remuneration) insert—

8A

A person may be removed from office as a deputy judge of the High Court—

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.

8B

Subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the High Court in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

4

In subsection (9) (Lord Chief Justice's power to delegate functions under subsection (4))—

a

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

b

for “his functions under subsection (4)” substitute “ functions of the Lord Chief Justice under this section ”.

5

In the title omit the words after “business”.

I33

1

In Table 2 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (Judicial Appointments Commission: offices to which appointment made by Lord Chief Justice) before the first entry insert—

Deputy judge of the High Court

Section 9(4) of the Senior Courts Act 1981

2

If the provisions in Schedule 13 to this Act that split the table in Part 2 of Schedule 14 to the 2005 Act into two tables do not come into force before or at the time when sub-paragraph (1) comes into force—

a

sub-paragraph (1) has effect with the omission of “Table 2 of”, and

b

paragraph 41 of Schedule 13 has effect—

i

as if a reference to the office of deputy judge of the High Court were inserted at the beginning of the list in sub-paragraph (4) of that paragraph, and

ii

as if “second” were substituted for “first” in sub-paragraph (5) of that paragraph.

3

After section 94A of the 2005 Act (appointments not subject to section 85: courts) insert—

94AAAppointments not subject to section 85: High Court deputy judge

1

Where this section applies to an appointment, section 85 does not apply.

2

This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that—

a

there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court,

b

it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and

c

there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business.

3

An appointment to which this section applies is to be made—

a

so as not to extend beyond the day on which the particular business concerned is concluded, or

b

so as not to extend beyond the later of—

i

the day on which the business is concluded, or

ii

the day expected when the appointment is made to be the day on which the business is concluded.

4

In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “ , 94AA ”.