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Senior Courts Act 1981

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Changes over time for: Cross Heading: District registries and district registrars

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Senior Courts Act 1981, Cross Heading: District registries and district registrars is up to date with all changes known to be in force on or before 23 February 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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District registries and district registrarsE+W

99 District registries.E+W

(1)The Lord Chancellor may [F1, after consulting the Lord Chief Justice,] by order direct that there shall be district registries of the High Court at such places and for such districts as are specified in the order.

(2)Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.

[F2(3)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 this section.]

[F3100 District judgesE+W

(1)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a district judge to one or more district registries;

(b)may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).

(2)A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.

(3)Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(4)Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.

[F4(5)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 (1).]]

101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102 Deputy district registrars.E+W

[F8(1)If it appears to the [F9Lord Chief Justice] that it is expedient to do so in order to facilitate the disposal of business in the High Court [F10or any other court or tribunal to which a person appointed under this subsection may be deployed], he may appoint a person to be a deputy district judge.

(1A)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1B)The [F11Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor] if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1C)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.]

(3)[F12No appointment to which subsection (1B) applies] shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years.

[F13(4A)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a deputy district judge appointed under this section to one or more district registries;

(b)may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).

(4B)A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.

(4C)Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.]

[F14(5)Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.]

[F15(5ZA)A person appointed under this section may be removed from office as a deputy district judge—

(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.

(5ZB)Subject to subsection (5ZC), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

(5ZC)Extension under subsection (5ZB)—

(a)requires the person's agreement,

(b)is to be for such term as the Lord Chancellor thinks fit, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

(5ZD)Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

(5ZE)The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (5ZA)(a).]

[F16(5A)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 F17... (4A).]

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8S. 102(1)-(1C) substituted (19.7.2007) for s. 102(1)(2) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148, Sch. 11 para. 3(2)

F9Words in s. 102(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 36(2)(a); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F10Words in s. 102(1) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 36(2)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F11Words in s. 102(1B) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 36(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F13S. 102(4A)-(4C) substituted (19.7.2007) for s. 102(4) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 56, 148, Sch. 11 para. 3(4) (with Sch. 11 para. 4)

F14S. 102(5) substituted (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 15(3); S.I. 1995/631, art.2.

F15S. 102(5ZA)-(5ZE) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 36(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F17Words in s. 102(5A) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 36(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Modifications etc. (not altering text)

C1S. 102(1)(3) restricted (31.3.1995) by 1993 c. 8, s. 26(7)(g) (with Sch. 7. paras. 2(2), 3(2), 4); S.I. 1995/631, art.2.

F19103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F19S. 103 repealed (31.3.1995) by 1993 c. 8, s. 31(4), Sch.9; S.I. 1995/631, art.2.

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