Judiciary

1Deployment of judges

1

In section 94AA of the Constitutional Reform Act 2005 (appointments not subject to section 85: High Court deputy judge), in subsection (2)(a), after “Crown Court” insert “ or any other court or tribunal to which a deputy judge of the High Court may be deployed ”.

2

In section 6 of the Tribunals, Courts and Enforcement Act 2007 (certain judges who are also judges of the First-tier Tribunal and Upper Tribunal), in subsection (1)—

a

after paragraph (e) insert—

ea

is a Recorder,

b

omit the “or” at the end of paragraph (h);

c

after paragraph (i) insert—

j

is the President of Employment Tribunals (England and Wales),

k

is the President of Employment Tribunals (Scotland),

l

is the Vice President of Employment Tribunals (Scotland), or

m

is a Regional Employment Judge.

3

Accordingly, in section 6A of that Act (certain judges who are also judges of the First-tier Tribunal), omit paragraph (b).

4

In section 7 of the Tribunals, Courts and Enforcement Act 2007 (chambers of the First-tier Tribunal and Upper Tribunal: jurisdiction and Presidents)—

a

for subsection (3) substitute—

3

A person may at a particular time—

a

preside over more than one chamber of the First-tier Tribunal;

b

preside over more than one chamber of the Upper Tribunal;

c

preside over—

i

one or more chambers of the First-tier Tribunal, and

ii

one or more chambers of the Upper Tribunal.

b

in subsections (6) and (7), for “subsections (2) and (3)” substitute “ subsection (2) ”.

5

In section 22(2A) of the Employment Tribunals Act 1996 (membership of Employment Appeal Tribunal)—

a

omit the “or” at the end of paragraph (i);

b

after paragraph (j) insert—

k

is the President of Employment Tribunals (England and Wales), or

l

is the President of Employment Tribunals (Scotland).

6

In section 93 of the Arbitration Act 1996 (appointment of judges as arbitrators)—

a

in subsections (1) and (2), for “A judge of the Commercial Court” substitute “ An eligible High Court judge ”;

b

in subsection (4), for “a judge of the Commercial Court” substitute “ an eligible High Court judge ”;

c

after subsection (4) insert—

4A

The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

d

in subsection (5)—

i

omit the “and” at the end of the definition of “arbitration agreement”;

ii

after that definition insert—

  • “eligible High Court judge” means—

    1. a

      a puisne judge of the High Court, or

    2. b

      a person acting as a judge of the High Court under or by virtue of section 9(1) of the Senior Courts Act 1981;

7

In Schedule 2 to the Arbitration Act 1996 (modifications of Part 1 in relation to judge-arbitrators), in paragraph 1, for “a judge of the Commercial Court” substitute “ an eligible High Court judge ”.

2Alteration of judicial titles

1

In section 89 of the Senior Courts Act 1981 (masters and registrars), in subsection (3C), in the first column of the table, for “Chief Bankruptcy Registrar” substitute “ Chief Insolvency and Companies Court Judge ”.

2

In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices and enactments), in Part 1 (appointments by Her Majesty), in the first column of table 2, for “Chief Bankruptcy Registrar” substitute “ Chief Insolvency and Companies Court Judge ”.

3

In section 64 of the Courts Act 2003 (power to alter judicial titles)—

a

in subsection (2), at the appropriate places insert the following entries— “ Chief Chancery Master ”; “ Chief Insolvency and Companies Court Judge ”; “ Chief Taxing Master ”; “ Senior District Judge of the Family Division ”; “ Senior Master of the Queen's Bench Division ”;

b

in subsection (3), for “91(1)(a)” substitute “ 91(1) ”.

Functions of staff

I1I23Authorised court and tribunal staff: legal advice and judicial functions

1

The Schedule provides for authorised court and tribunal staff—

a

to provide legal advice to judges of the family court and justices of the peace, and

b

to exercise judicial functions where procedure rules so provide.

2

The Secretary of State or Lord Chancellor may, by regulations made by statutory instrument, make consequential, transitional, transitory or saving provision in relation to the Schedule.

3

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

4

Regulations under this section may make different provision for different purposes.

Final provisions

4Short title, commencement and extent

1

This Act may be cited as the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018.

2

Sections 1 and 2 come into force at the end of the period of two months beginning with the day on which this Act is passed.

3

Section 3 and the Schedule come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

4

Regulations under subsection (3) may—

a

appoint different days for different purposes;

b

appoint different days for different areas;

c

make transitional, transitory or saving provision.

5

This section comes into force on the day on which this Act is passed.

6

Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.

7

The rest of this Act extends to England and Wales, Scotland and Northern Ireland.