Commentary on Sections: Part 2
Section 57: Deputy, and temporary additional, Masters etc.
310.Section 57 amends the provisions in section 91 of the Supreme Court Act 1981 for appointing deputies and temporary officers to certain posts, including masters and registrars of the Supreme Court. Section 91 of the Supreme Court Act 1981 was amended by paragraph 139 of Schedule 4 to the Constitutional Reform Act 2005 to enable the Lord Chief Justice, after consulting the Lord Chancellor, to make appointments to these posts. Section 57 further amends the Supreme Court Act 1981, and the Constitutional Reform Act 2005, to provide that these appointments are now to be made by the Lord Chancellor, and will normally be subject to the JAC selection process under the 2005 Act. These appointments are added to Schedule 14 to the 2005 Act. However, provision is also made that where a person holds or has within the last two years held equivalent office on a salaried basis, the Lord Chancellor may with the concurrence of the Lord Chief Justice appoint him to a deputy or additional temporary office under section 91 of the Supreme Court Act 1981 without a JAC selection process. The section makes consequential amendments to the Supreme Court Act 1981, so that a retirement age of 75 will apply to those who have previously held salaried office. (The usual retirement age for appointments under section 91 is 70, with the possibility of annual extensions up to the age of 75.)
