Courts and Legal Services Act 1990

Judicial appointments U.K.

71 Qualification for judicial and certain other appointments. U.K.

(1) In section 10(3) of the M1 Supreme Court Act 1981—

(a) in paragraph (b) (qualification for appointment as Lord Justice of Appeal) for the words “unless he is a barrister of at least fifteen years’ standing or a judge of the High Court” there shall be substituted— “unless—

(i) he has a 10 year High Court qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii) he is a judge of the High Court;”;

(b) in paragraph (c) (qualification for appointment as puisne judge of the High Court) for the words “unless he is a barrister of at least ten years’ standing” there shall be substituted— “unless—

(i) he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(ii) he is a Circuit judge who has held that office for at least 2 years.”

(2) Schedule 10 shall have effect for the purpose of making amendments to other enactments, measures and statutory instruments which relate to qualification for judicial and certain other appointments.

(3) For the purposes of this section, a person has—

(a) a “Supreme Court qualification” if he has a right of audience in relation to all proceedings in the Supreme Court;

(b) a “High Court qualification” if he has a right of audience in relation to all proceedings in the High Court;

(c) a “general qualification” if he has a right of audience in relation to any class of proceedings in any part of the Supreme Court, or all proceedings in county courts or magistrates’ courts;

(d) a “Crown Court qualification” if he has a right of audience in relation to all proceedings in the Crown Court;

(e) a “county court qualification” if he has a right of audience in relation to all proceedings in county courts;

(f) a “magistrates’ court qualification” if he has a right of audience in relation to all proceedings in magistrates’ courts.

(4) References in subsection (3) to a right of audience are references to a right of audience granted by an authorised body.

(5) Any reference in any enactment, measure or statutory instrument to a person having such a qualification of a particular number of years’ length shall be construed as a reference to a person who—

(a) for the time being has that qualification, and

(b) has had it for a period (which need not be continuous) of at least that number of years.

[F1 (6) Any period during which a person had a right of audience but was, as a result of disciplinary proceedings, prevented by the authorised body concerned from exercising it shall not count towards the period mentioned in subsection (5)(b).]

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 71(6) substituted (27.9.1999) by 1999 c. 22, s. 43, Sch. 6 paras. 4, 9 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(a)

F2 S. 71(7)(8) repealed (27.9.1999) by 1999 c.22, s. 106, Sch. 15 Pt. II (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(ii)(a), Sch. 2 Pt. I para. 2(c)

Modifications etc. (not altering text)

C1 S. 71 applied (E.W.S.) (17.6.1992) by Child Support Act 1991 (c. 48, SIF 20), s. 54 (with s. 9(2)); S.I. 1992/1431, art. 2, Sch.

C2 S. 71 applied (E.W.S.) (1.7.1992) by Social Security Administration Act 1992 (c. 5, SIF 113:1), ss. 191, 192(4)

C3 S. 71 modified (1.4.1999) by 1998 c. 41, s. 45(7), Sch. 7 Pt. III para. 26(2)(a) (with s. 73); S.I. 1999/505, art. 2

C4 S. 71 applied (1.3.2000) by S.I. 2000/261, rule 2(2)(a)

C5 S. 71 applied (28.4.2003) by 2002 c. 9, ss. 107, 136(2), Sch. 9 para. 4(2) (with s. 129); S.I. 2003/1028, art. 2

Marginal Citations

M1 1981 c. 54.