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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

Judges etc.

68Judges holding office in European or international courts

(1)A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.

(2)In this section—

  • “United Kingdom judicial office” means the office of—

    (a)

    Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,

    (b)

    judge of the Court of Session or sheriff, in Scotland, or

    (c)

    Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and

  • “relevant international court” means—

    (a)

    any court established for any purposes of the European Communities, or

    (b)

    any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.

(3)A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office—

(a)for the purposes of section 12(1) to (6) of the [1981 c. 54.] Supreme Court Act 1981, section 9(1)(c) or (d) of the [1973 c. 15.] Administration of Justice Act 1973, section 18 of the [1971 c. 23.] Courts Act 1971, section 14 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 or section 106 of the [1959 c. 25(N.I.).] County Courts Act (Northern Ireland) 1959 (judicial salaries),

(b)for the purposes of, or of any scheme established by and in accordance with, the [1993 c. 8.] Judicial Pensions and Retirement Act 1993, the [1981 c. 20.] Judicial Pensions Act 1981, the [1961 c. 42.] Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or

(c)for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the [1988 c. 36.] Court of Session Act 1988 or section 2(1) or 3(1) of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (judicial numbers).

(4)If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

(5)The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

(6)In subsection (5) “the appropriate Minister” means—

(a)in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and

(b)in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

(7)A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

69Vice-president of Queen’s Bench Division

(1)The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen’s Bench Division; and any person so appointed shall hold that office in accordance with the terms of his appointment.

(2)In section 4 of the [1981 c. 54.] Supreme Court Act 1981 (composition of High Court)—

(a)in subsection (1) (membership), after the words “the Senior Presiding Judge;” insert—

(ddd)the vice-president of the Queen’s Bench Division;, and

(b)in subsection (6) (vacancy in offices not to affect constitution), at the end insert “and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division.”

(3)In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen’s Bench Division), after “thereof,” insert “the vice-president of the Queen’s Bench Division”.

70Registrar of civil appeals

The office of registrar of civil appeals is abolished.

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