Tribunals, Courts and Enforcement Act 2007

57 Deputy, and temporary additional, Masters etc.

(1) Section 91 of the Supreme Court Act 1981 (which provides for persons to be appointed as deputies for holders of, or as temporary additional officers in, certain judicial offices) is amended as set out in subsections (2) to (5).

(2) In subsection (1)—

(a) for “the Lord Chief Justice, after consulting the Lord Chancellor,” substitute “the Lord Chancellor”, and

(b) for “the Lord Chief Justice may, after consulting the Lord Chancellor,” substitute “the Lord Chancellor may”.

(3) After subsection (1) insert—

“(1ZA) The Lord Chancellor may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chief Justice.

(1ZB) Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies.

(1ZC) In this section a “holder of relevant office” means a person who holds, or has held within two years ending with the date when his appointment under this section takes effect—

(a) any office listed in column 1 of Part 2 or 3 of Schedule 2, or

(b) the office of district judge.”

(4) For subsection (3) substitute—

“(3) An appointment under this section may extend until the day on which a person attains the age of seventy-five years if it is an appointment of a holder of relevant office.”

(5) In subsection (7) for “subsection (1)” substitute “subsection (1ZA)”.

(6) In section 92(1) of the Supreme Court Act 1981 after “this section” insert “, to section 91(3)”.

(7) In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), after the entry for an assistant recorder appointed under section 24(1) of the Courts Act 1971 (c. 23), insert the following entry—

“Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Supreme Court Act 1981

Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA) of that section applies to the appointment”