Constitutional Reform Act 2005

Courts Act 1971 (c. 23) U.K.

67 U.K. The Courts Act 1971 is amended as follows.

68 U.K. In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after “fit” insert “ and if the Lord Chief Justice agrees ”.

69 (1) Section 21 (appointment of Recorders) is amended as follows. U.K.

(2) For subsections (3) and (4) substitute—

“(3) The appointment of a person as a Recorder shall specify the following—

(a) the term for which he is appointed;

(b) the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

(c) the circumstances in which the Lord Chancellor may—

(i) decline to extend the term of the appointment, or

(ii) terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

(4) Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

(4A) Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

(4B) The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension.

(4C) The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds—

(a) the incapacity or misbehaviour of the Recorder;

(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.”

(3) For subsection (6) substitute—

“(6) The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

(a) the incapacity or misbehaviour of the Recorder;

(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.”

70 (1) Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows. U.K.

(2) In subsection (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) After subsection (3) insert—

“(3A) 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 (2).”

71 (1) Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “the Lord Chancellor” substitute “ him ”;

(b) omit “, he may”;

(c) in paragraph (a), before “appoint” insert “ the Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”, and omit the word “or” in the last place where it occurs;

(d) in paragraph (b), before “appoint” insert “ the Lord Chancellor may ”.

(3) After subsection (5) insert—

“(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 subsection (1)(a).”

72 U.K. In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

73 U.K. In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.