Schedule 14: Deployment of the judiciary
400.In summary, Schedule 14 expands the lists in statute of the judicial office holders who are capable of sitting in each type of court and tribunal.
401.Schedule 14 is divided into seven parts:
Parts 1 is concerned with judicial office holders who may sit in the Senior Courts (in particular, the Court of Appeal and High Court);
Part 2 is concerned with the judicial office holders who may sit in the magistrates’ courts;
Part 3 is concerned with the judicial office holders who may sit in the Court of Protection;
Part 4 is concerned with the judicial office holders who may sit in the First-tier Tribunal and Upper Tribunal;
Parts 5, 6 and 7 are concerned with the judicial office holders who may sit in the Employment Appeal Tribunal and the Employment Tribunals.
Part 1: Deployment under section 9 of the Senior Courts Act 1981
402.Part 1 provides for a wider range of judicial office holders to provide assistance with the transaction of judicial business in the Senior Courts. The intended position is shown in Annex B. It also provides that selection for appointment to the office of deputy judge of the High Court under section 9(4) of the Senior Courts Act 1981 (“the 1981 Act”) should be by the JAC.
403.Paragraph 1 amends section 9 of the 1981 Act. Sub-paragraph (2) provides that a person who has been a puisne judge of the High Court or has been a Court of Appeal judge can be requested to sit in the family and county courts. Sub-paragraph (3) adds the Senior President of Tribunals to those who may be requested to sit in the Court of Appeal or the High Court. Sub-paragraphs (4) and (5) provide that the Upper Tribunal judges and the Presidents of the Employment Tribunals are added to the table (in section 9(1) of the 1981 Act) and so are able to be requested to sit in the High Court. Sub-paragraph (6) provides that a request to the Senior President of Tribunals may only be made after consulting the Lord Chancellor. Sub-paragraph (7) provides for the concurrence of the JAC in relation to a request for a Circuit judge to sit in the Criminal Division of the Court of Appeal. Sub-paragraph (8) specifies which judges must comply with a request and those judges that do not have to comply with a request.
404.New subsections (8A) and (8B) of section 9 of the 1981 Act (inserted by paragraph 2(3)) expressly provide the Lord Chancellor with the power to remove deputy judges of the High Court and determine the terms of their appointments.
405.Paragraph 3(1) inserts the deputy judge of the High Court into new Table 2 of Part 2 of Schedule 14 to the CRA (as created as a result of the amendments made by paragraph 41 of Schedule 13 to the Act) which requires appointments made under section 9(4) of the 1981 Act, to be made following a JAC selection process.
406.Paragraph 3(3) inserts new section 94AA into the CRA which provides for a limited exception to the requirement that the appointments of deputy judges of the High Court are to be made following a JAC selection process. New section 94AA enables the Lord Chief Justice to appoint a person as a deputy judge of the High Court, after consultation with the Lord Chancellor, where: (a) there is an urgent need in respect of particular business of the High Court or Crown Court; (b) it is expedient as a temporary measure to make an appointment to dispose of the particular business and; (c) there are no other reasonable steps that may be taken in the time available (new section 94AA(2)). In such circumstances the normal JAC selection process is dis-applied and a person may be appointed as a temporary deputy judge of the High Court for a specified period in order to deal with the urgent business or until when the urgent business is expected to conclude (new section 94AA(3)).
Part 2: Deployment of judges to the magistrates’ court
407.Paragraph 4 amends section 66 of the Courts Act 2003 to expand the list of judges who have the powers of a justice of the peace who is a District Judge (Magistrates’ Courts). The offices which have been added are, the Master of the Rolls, an ordinary judge of the Court of Appeal, the Senior President of Tribunals, judges of the First-tier and Upper Tribunals, county court and High Court district and deputy district judges and Masters, and members of a panel of Employment Judges.
Part 3: Deployment of judges to the Court of Protection
408.Paragraph 5 amends section 46 of the Mental Capacity Act 2005 to add to the list of judges who may be nominated by the Lord Chief Justice, or a person acting on his behalf, to sit as a judge of the Court of Protection.
Part 4: Deployment of judges to the First-tier Tribunal and the Upper Tribunal
409.Paragraph 7 amends section 4(1) of the 2007 Act to provide that any judge specified in new section 6A of that Act (inserted by paragraph 9 of Schedule 14) is a judge of the First-tier Tribunal).
410.Paragraph 8 amends section 6(1) of the 2007 Act to provide that the following judges are also judges of the First-tier and Upper Tribunals: the Lord Chief Justice of England and Wales, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Judge Advocate General and a deputy judge of the High Court.
411.Paragraph 9 inserts a new section 6A into the 2007 Act which expands the list of judges who are First-tier Tribunal judges to include a deputy Circuit Judge, a Recorder, High Court Masters, county court and High Court deputy district judges, Deputy District Judges (Magistrates’ Courts), the Vice Judge Advocate General and Assistant Judge Advocates General.
Part 5: Deployment of judges to the Employment Appeal Tribunal
412.Paragraph 11 amends section 22 of the Employment Tribunals Act 1996 (“the 1996 Act”) by expanding the list of judicial office holders that may be nominated by the Lord Chief Justice to sit in the Employment Appeal Tribunal. Currently, only judges of the Court of Appeal or the High Court may be nominated to sit in the Employment Appeal Tribunal. Following the changes, the Senior President of Tribunals, the Judge Advocate General, deputy judges of the High Court, Circuit Judges, judges of the Upper Tribunal, district judges and District Judges (Magistrates’ Courts) will be able to be nominated by the Lord Chief Justice.
Part 6: Deployment of judges to the employment tribunals
413.Paragraph 12 amends section 5D of the 1996 Act which relates to the provision of judicial assistance in the employment tribunals. The list of judges that may be deployed to the employment tribunals is expanded to include the Lord Chief Justice and (with the Lord Chief Justice’s consent) any of the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court in England and Wales, a deputy judge of the High Court, a Recorder, a county court or High Court deputy district judge, a Deputy District Judge (Magistrates’ Court), High Court Masters and both the Judge Advocate General and any non-temporary assistants. Lastly, the paragraph makes it possible for the Senior President of Tribunals to sit in employment tribunals.
Part 7: Amendments following renaming of chairmen of Employment Tribunals
414.Paragraph 13 updates various statutory references to “chairmen of employment tribunals” to “Employment judges”. This change of name was given effect to by paragraph 247 of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683) which in turn amended regulation 8(3)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861) which provides for the membership of Employment Tribunals.
