Crime and Courts Act 2013

Part 3 U.K. Deployment of judges to the Court of Protection

5 (1) Section 46 of the Mental Capacity Act 2005 (judges of the Court of Protection) is amended as follows. U.K.

(2) In subsection (2) (persons who may be nominated as court's judges) omit the “or” at the end of paragraph (d) and, after paragraph (e), insert “,

(f) a District Judge (Magistrates' Courts),

(g) a judge of the First-tier Tribunal, or of the Upper Tribunal, by virtue of appointment under paragraph 1(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007,

(h) a transferred-in judge of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act),

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

(j) the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal,

(k) the Judge Advocate General,

(l) a Recorder,

(m) the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc),

(n) a holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

(o) a deputy district judge appointed under section 102 of that Act or under section 8 of the County Courts Act 1984,

(p) a member of a panel of Employment Judges established for England and Wales or for Scotland,

(q) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(r) a deputy judge of the High Court,

(s) the Senior President of Tribunals,

(t) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

(u) the President of the Queen's Bench Division,

(v) the Master of the Rolls, or

(w) the Lord Chief Justice.”

(3) In subsection (2)(b) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

(4) In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be appointed senior judge of the court) for “or (e)” substitute “ to (q) ”.

(5) In section 4(5)(f) of the Human Rights Act 1998 (things done by certain judges in Court of Protection) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

Commencement Information

I1 Sch. 14 para. 5 in force at 1.10.2013 by S.I. 2013/2200, art. 3(g)