SCHEDULES

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Part 1Amendments

Supreme Court Act 1981 (c. 54)

121

1

Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows.

2

In subsection (2)—

a

for the definition of “the appropriate authority” substitute—

“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;

b

omit the words after the definition of “relevant court”.

3

After subsection (2) insert—

2A

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, 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.

2D

In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.

4

In subsection (4)—

a

for “appears to the Lord Chancellor” substitute “ appears to the Lord Chief Justice, after consulting the Lord Chancellor, ”;

b

for “Lord Chancellor thinks fit” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, think fit ”.

5

After subsection (8) insert—

9

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 (4).