121(1)Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows.U.K.
(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).”