SCHEDULES

SCHEDULE 14Deployment of the judiciary

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

Deputy judges of the High Court

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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”.

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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 ”.