SCHEDULES
SCHEDULE 14Deployment of the judiciary
Part 1Deployment under section 9 of the Senior Courts Act 1981
Deputy judges of the High Court
I12
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”.
I23
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
”
.