Search Legislation

Courts Act 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Courts Act 2003, Part 6 is up to date with all changes known to be in force on or before 24 September 2018. 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 76(2B) inserted by 2010 c. 26 Sch. 3 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
  • Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)

Commencement Orders yet to be applied to the Courts Act 2003

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Part 6 E+WJudges

Offices, titles, styles etc.E+W

62[F1Head and Deputy Head of Civil Justice]E+W

[F2(1)There is to be a Head of Civil Justice.

(2)The Head of Civil Justice is—

(a)the Master of the Rolls, or

(b)if the Lord Chief Justice appoints another person, that person.

(3)The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.

(4)The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—

(a)the Lord Chief Justice has consulted the Lord Chancellor;

(b)the person to be appointed is one of the following—

(i)the Chancellor of the High Court;

(ii)an ordinary judge of the Court of Appeal.

(5)A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.

(6)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.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

63Ordinary judges of the Court of AppealE+W

(1)In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) substitute—

(3)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”.

(2)The 1981 Act” means the [F3Senior Courts Act 1981](c. 54).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

64Power to alter judicial titlesE+W

(1)The Lord Chancellor may by order—

(a)alter the name of an office listed in subsection (2);

(b)provide for or alter the way in which the holders of any of those offices are to be styled.

(2)The offices are—

  • Admiralty Registrar

  • F4...

  • [F5Chancellor of the High Court]

  • Circuit judge

  • Deputy Circuit judge

  • Deputy district judge appointed under section 102 of the 1981 Act

  • Deputy district judge [F6appointed under section 8 of the County Courts Act 1984]

  • [F7Deputy Head of Civil Justice]

  • [F8Deputy Head of Family Justice]

  • Deputy judge of the High Court

  • [F9District judge of the county court]

  • District judge of the High Court

  • District judge of the principal registry of the Family Division

  • District probate registrar

  • [F10Head of Civil Justice]

  • [F11Head of Family Justice]

  • [F12Insolvency and Companies Court Judge]

  • Lord Chief Justice

  • Master of the Chancery Division

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Master of the Queen’s Bench Division

  • Master of the Rolls

  • Ordinary judge of the Court of Appeal

  • [F14President of the Courts of England and Wales]

  • [F15President of the Court of Protection,]

  • President of the Family Division

  • [F16President of the Queen's Bench Division]

  • Presiding Judge for a Circuit

  • Puisne judge of the High Court

  • Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

  • Recorder

  • F17...

  • [F18Senior Judge of the Court of Protection,]

  • Senior Presiding Judge for England and Wales

  • Taxing Master of the [F19Senior Courts]

  • F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Vice-president of the Court of Appeal

  • [F21Vice-president of the Court of Protection.]

  • Vice-president of the Queen’s Bench Division.

(3)The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 91(1)(a) of the 1981 Act are to be styled.

[F22(3A)The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]

(4)Before making an order under this section the Lord Chancellor must consult—

(a)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Master of the Rolls,

[F24(ba)the President of the Queen's Bench Division,

(c)the President of the Family Division, and

(d)the Chancellor of the High Court.]

(5)An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) or (3).

(6)The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.

[F25(7)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.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Words in s. 64(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 89(2)(i); S.I. 2013/1725, art. 2(g)

F6Words in s. 64(2) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007, (c. 39), ss. 56, 148, {Sch. 11 para. 14}

F9Words in s. 64(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F24S. 64(4)(ba)-(d) substituted (3.4.2006) for s. 64(4)(c)(d) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(4)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

Flexibility in deployment of judicial resourcesE+W

65District Judges (Magistrates' Courts) as Crown Court judges etc.E+W

F26(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).

(3)References in any enactment, instrument or other document to a district judge or deputy district judge do not include—

(a)a District Judge (Magistrates' Courts), or

(b)a Deputy District Judge (Magistrates' Courts).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

66Judges having powers of District Judges (Magistrates' Courts)E+W

(1)Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—

(a)criminal causes and matters,F27...

F27(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The offices are—

(a)judge of the High Court;

[F28(aa)Master of the Rolls;

(ab)ordinary judge of the Court of Appeal;

(ac)Senior President of Tribunals;]

(b)deputy judge of the High Court;

(c)Circuit judge;

(d)deputy Circuit judge;

(e)recorder.

[F29(f)Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(g)judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(h)transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

(i)deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j)office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

(k)district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

(l)deputy district judge appointed under section 102 of the Senior Courts Act 1981;

(m)judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

(n)transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

(o)member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F30(2A)A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.]

(3)For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.

F31(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(5) In this section “ qualifying judge advocate ” means—

(a)the Judge Advocate General; or

(b)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6)Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.]

[F33(7)This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27S. 66(1)(b) and word in s. 66(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F31S. 66(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)

67Removal of restriction on Circuit judges sitting on certain appealsE+W

Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources