Part 2E+WThe Court of Protection and the Public Guardian

The Court of ProtectionE+W

46The judges of the Court of ProtectionE+W

(1)Subject to Court of Protection Rules under section 51(2)(d), the jurisdiction of the court is exercisable by a judge nominated for that purpose by—

(a)the [F1Lord Chief Justice]F1, or

[F2(b)where nominated by the Lord Chief Justice to act on his behalf under this subsection—

(i)the President of the Court of Protection; or

(ii)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).]

F2(2)To be nominated, a judge must be—

(a)the President of the Family Division,

(b)the [F3Chancellor of the High Court],

(c)a puisne judge of the High Court,

(d)a circuit judge, F4...

(e)a district judge.

[F5(f)a District Judge (Magistrates' Courts),]

[F5(g)a judge of the First-tier Tribunal, or of the Upper Tribunal, by virtue of appointment under paragraph 1(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007,]

[F5(h)a transferred-in judge of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act),]

[F5(i)a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),]

[F5(j)the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal,]

[F5(k)the Judge Advocate General,]

[F5(l)a Recorder,]

[F5(m) the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc ), ]

[F5(n) a holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc ), ]

[F5(o)a deputy district judge appointed under section 102 of that Act or under section 8 of the County Courts Act 1984,]

[F5(p)a member of a panel of Employment Judges established for England and Wales or for Scotland,]

[F5(q)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),]

[F5(r)a deputy judge of the High Court,]

[F5(s)the Senior President of Tribunals,]

[F5(t)an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),]

[F5(u)the President of the Queen's Bench Division,]

[F5(v)the Master of the Rolls, or]

[F5(w)the Lord Chief Justice.]

(3)The [F6Lord Chief Justice, after consulting the Lord Chancellor,]F6 must—

(a)appoint one of the judges nominated by virtue of subsection (2)(a) to (c) to be President of the Court of Protection, and

(b)appoint another of those judges to be Vice-President of the Court of Protection.

(4)The [F7Lord Chief Justice, after consulting the Lord Chancellor,]F7 must appoint one of the judges nominated by virtue of subsection (2)(d) [F8to (q)] to be Senior Judge of the Court of Protection, having such administrative functions in relation to the court as the Lord Chancellor [F9, after consulting the Lord Chief Justice,]F9 may direct.

Textual Amendments

F3Words in s. 46(2)(b) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 5(3); S.I. 2013/2200, art. 3(g)

F4Word in s. 46(2)(d) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 5(2); S.I. 2013/2200, art. 3(g)