Part I CONSTITUTION OF F82Senior Courts
The F2Senior Courts
Words in s. 1 cross-heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)
1 The F1Senior Courts.
1
The F1Senior Courts of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act.
F1122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Court of Appeal
2 The Court of Appeal.
C1C21
The Court of Appeal shall consist F89of—
a
ex-officio judges, and
b
ordinary judges, of whom the maximum full-time equivalent number is 38.
2
The following shall be ex-officio judges of the Court of Appeal—
a
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any person who F4was Lord Chancellor before 12 June 2003;
c
any F5judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office within paragraphs (d) to (g);
d
the Lord Chief Justice;
e
the Master of the Rolls;
F6f
the President of the Queen's Bench Division;
g
the President of the Family Division;
h
the Chancellor of the High Court;
but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the F7request of the Lord Chief Justice he consents to do so.
F82A
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.
F93
An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.
4
Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the F90maximum full-time equivalent number of ordinary judges of the Court of Appeal.
F104A
It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
5
No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
6
F887
For the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable.
3 Divisions of Court of Appeal.
1
There shall be two divisions of the Court of Appeal, namely the criminal division and the civil division.
2
The Lord Chief Justice shall be president of the criminal division of the Court of Appeal, and the Master of the Rolls shall be president of the civil division of that court.
3
The F13Lord Chief Justice may, after consulting the Lord Chancellor appoint one of the ordinary judges of the Court of Appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division.
4
When sitting in a court of either division of the Court of Appeal in which no ex-officio judge of the Court of Appeal is sitting, the vice-president (if any) of that division shall preside.
5
Any number of courts of either division of the Court of Appeal may sit at the same time.
F146
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
The High Court
4 The High Court.
C31
The High Court shall consist of—
a
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Lord Chief Justice;
F16ba
the President of the Queen's Bench Division;
c
the President of the Family Division;
d
the Chancellor of the High Court;
F17dd
the Senior Presiding Judge
F18ddd
the vice-president of the Queen’s Bench Division; and
F92e
the puisne judges of that court, of whom the maximum full-time equivalent number is 108.
2
The puisne judges of the High Court shall be styled “Justices of the High Court”.
3
All the judges of the High Court shall, except where this Act expressly provides otherwise, have in all respects equal power, authority and jurisdiction.
4
Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the F93maximum full-time equivalent number of puisne judges of the High Court.
F194A
It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
5
No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
6
The High Court shall be taken to be duly constituted notwithstanding any vacancy in the office of F20. . . Lord Chief Justice, F21President of the Queen's Bench Division, President of the Family Division, Chancellor of the High CourtF22or Senior Presiding JudgeF23and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division..
F917
For the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable.
5 Divisions of High Court.
1
There shall be three divisions of the High Court namely—
a
the Chancery Division, consisting of F24the Chancellor of the High Court, who shall be president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section;
b
c
the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.
2
The puisne judges of the High Court shall be attached to the various Divisions by direction F27given by the Lord Chief Justice after consulting the Lord Chancellor; and any such judge may with his consent be transferred from one Division to another by direction F27given by the Lord Chief Justice after consulting the Lord Chancellor, but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.
3
Any judge attached to any Division may act as an additional judge of any other Division at the request of the F28Lord Chief Justice madeF29 with the concurrence of both of the following—
a
the senior judge of the Division to which the judge is attached;
b
the senior judge of the Division of which the judge is to act as an additional judge.
.
4
Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.
5
Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.
F306
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
6 The Patents, Admiralty and Commercial Courts.
1
There shall be—
a
as part of the Chancery Division, a Patents Court; and
b
as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.
2
The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the F31Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be judges of the Patents Court, Admiralty Judges and Commercial Judges respectively.
F323
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
7 Power to alter Divisions or transfer certain courts to different Divisions.
1
Her Majesty may from time to time, on a recommendation of F33the Lord Chancellor and the judges mentioned in subsection (2), by Order in Council direct that—
a
any increase or reduction in the number of Divisions of the High Court; or
b
the transfer of any of the courts mentioned in section 6(1) to a different Division,
be carried into effect in pursuance of the recommendation.
2
3
An Order in Council under this section may include such incidental, supplementary or consequential provisions as appear to Her Majesty necessary or expedient, including amendments of provisions referring to particular Divisions contained in this Act or any other statutory provision.
4
Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Crown Court
8 The Crown Court.
1
The jurisdiction of the Crown Court shall be exercisable by—
a
any judge of the High Court; or
b
any Circuit judge F85, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) ; or
c
subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, Circuit judge F87 , Recorder or qualifying judge advocate sitting with not more than four justices of the peace,
and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court.
F831A
The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court.
F362
A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.
3
When the Crown Court sits in the City of London it shall be known as the Central Criminal Court; and the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court F86, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts) .
F844
Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.
Other provisions
C49 Assistance for transaction of judicial business F108....
1
A person within any entry in column 1 of the following Table may F37subject to the provision at the end of that Table at any time, at the request of the appropriate authority, act—
a
as a judge of a relevant court specified in the request; or
b
if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.
1 | 2 |
|---|---|
Judge or ex-judge | Where competent to act on request |
1. A judge of the Court of Appeal. | The High Court and the Crown Court. |
2. A person who has been a judge of the Court of Appeal. | The Court of Appeal, the High CourtF102, the family court, the county court and the Crown Court. |
3. A puisne judge of the High Court. | The Court of Appeal. |
4. A person who has been a puisne judge of the High Court. | The Court of Appeal, the High CourtF102, the family court, the county court and the Crown Court. |
F1034A. The Senior President of Tribunals | The Court of Appeal and the High Court. |
5. A Circuit judge. | The High Court F38and the Court of Appeal. |
F39The High Court |
F40The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.
F981ZA
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).
F411A
A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.
2
In subsection (1)—
F42“the appropriate authority” means—
- a
the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or
- b
at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;
- a
“relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F442A
The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).
2B
In the case of a request to a person within entry 1, 3, F1054A, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.
2C
In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.
F972CA
In the case of a request to a person within entry 5 or 6 in column 1 of the Table to act as a judge of the High Court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry.
2D
F1063
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.
4
Without prejudice to section 24 of the M1Courts Act 1971 (temporary appointment of deputy Circuit judges F94...), if it F45appears to the Lord Chief Justice, after consulting the Lord Chancellor, that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court F109or any other court or tribunal to which persons appointed under this subsection may be deployed, he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the F46Lord Chief Justice may, after consulting the Lord Chancellor, think fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.
F474A
No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).
5
Every person while acting under this section shall, subject to F48subsections (6) and (6A), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.
6
A person shall not by virtue of subsection (5)—
a
be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—
i
the appointment, retirement, removal or disqualification of judges of that court;
ii
the tenure of office and oaths to be taken by such judges; or
iii
the remuneration, allowances or pensions of such judges; or
b
F49subject to section 27 of the Judicial Pensions and Retirement Act 1993, be treated as having been a judge of a court in which he has acted only under this section.
F506A
A Circuit judgeF99, Recorder or person within subsection (1ZB) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31F51, 31B, 31C and 44 of the M2Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the F52Supreme Court).
F537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament—
a
to any person who has been—
F54i
a judge of the Supreme Court; or
ii
a judge of the Court of Appeal; or
iii
a judge of the High Court,
and is by virtue of subsection (1) acting as mentioned in that subsection;
b
to any deputy judge of the High Court appointed under subsection (4).
F1078A
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.
F559
10 Appointment of judges of F56Senior Courts.
1
Whenever the office of Lord Chief Justice, Master of the Rolls, F57President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court is vacant, Her Majesty may F58, on the recommendation of the Lord Chancellor, by letters patent appoint a qualified person to that office.
2
Subject to the limits on F96 full-time equivalent numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may F59, on the recommendation of the Lord Chancellor, from time to time by letters patent appoint qualified persons as Lords Justices of Appeal or as puisne judges of the High Court.
3
No person shall be qualified for appointment—
a
as Lord Chief Justice, Master of the Rolls, F60President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court, unless he is qualified for appointment as a Lord Justice of Appeal or is a judge of the Court of Appeal;
b
as a Lord Justice of Appeal, F61unless—
- i
F62he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
- ii
he is a judge of the High Court;; or
c
as a puisne judge of the High Court, F63unless—
- i
F62he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
- ii
he is a Circuit judge who has held that office for at least 2 years.
F644
A person appointed—
a
to any of the offices mentioned in subsection (1),
b
as a Lord Justice of Appeal, or
c
as a puisne judge of the High Court,
shall take the required oaths as soon as may be after accepting office.
5
In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—
a
the Master of the Rolls;
b
the President of the Queen's Bench Division;
c
the President of the Family Division;
d
the Chancellor of the High Court.
6
Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.
F956A
Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).
7
In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—
a
the Lord Chief Justice, or
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
8
In this section “required oaths” means—
a
the oath of allegiance, and
b
the judicial oath,
as set out in the Promissory Oaths Act 1868.
11 Tenure of office of judges of F65Senior Courts.
1
2
A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of F67seventy years unless by virtue of this section he has ceased to hold it before then.
3
A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.
F683A
It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).
4
A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming F69a judge of the Supreme Court.
5
A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal.
6
A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal.
7
A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect.
8
The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies—
a
is disabled by permanent infirmity from the performance of the duties of his office; and
b
is for the time being incapacitated from resigning his office,
may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.
9
A declaration under subsection (8) with respect to a person shall be of no effect unless it is made—
a
in the case of any of the Lord Chief Justice, the Master of the Rolls, F70the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court, with the concurrence of two others of them;
b
in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
c
in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
12 Salaries etc. of judges of F72Senior Courts.
C51
C52
Until otherwise determined under this section, there shall be paid to the judges mentioned in subsection (1) the same salaries as at the commencement of this Act.
C53
Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.
C54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
C55
Salaries payable under this section shall be charged on and paid out of the Consolidated Fund.
C56
There shall be paid out of money provided by Parliament to any judge of the Court of Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
7
Pensions shall be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the Judicial Pensions Act 1981 F75or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act.
13 Precedence of judges of F76Senior Courts.
1
When sitting in the Court of Appeal—
a
the Lord Chief Justice and the Master of the Rolls shall rank in that order; and
F782
Subject to subsection (1)(b), the President of the Queen's Bench Division shall rank next after the Master of the Rolls.
2A
The President of the Family Division shall rank next after the President of the Queen's Bench Division.
3
The Chancellor of the High Court shall rank next after the President of the Family Division.
4
The vice-president or vice-presidents of the divisions of the Court of Appeal shall rank next after the F79Chancellor of the High Court; and if there are two vice-presidents of those divisions, they shall rank, among themselves, according to the priority of the dates on which they respectively became vice-presidents.
5
The Lords Justices of Appeal (other than the vice-president or vice-presidents of the divisions of the Court of Appeal) shall rank after the ex-officio judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of that court.
6
The puisne judges of the High Court shall rank next after the judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of the High Court.
14 Power of judge of F80Senior Courts or Crown Court to act in cases relating to rates and taxes.
1
A judge of the F81Senior Courts or of the Crown Court shall not be incapable of acting as such in any proceedings by reason of being, as one of a class of ratepayers, taxpayers or persons of any other description, liable in common with others to pay, or contribute to, or benefit from, any rate or tax which may be increased, reduced or in any way affected by those proceedings.
2
In this section “rate or tax” means any rate, tax, duty or liability, whether public, general or local, and includes—
a
any fund formed from the proceeds of any such rate, tax, duty or liability; and
b
any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or liability are or might be applied.
Words in Pt. 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)