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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

Appointment, etc., of official referees and other officers

9Appointments of official referees to be made by Her Majesty

(1)Appointments of persons to be official referees shall be made by Her Majesty.

(2)Any such appointment shall be of a person recommended to Her Majesty by the Lord Chancellor.

(3)Every official referee appointed after the commencement of this Act shall take in the presence of the Lord Chancellor the Oath of allegiance and judicial oath; and the Promissory Oaths Act, 1868, shall have effect as if the officers named in the Second Part of the Schedule to that Act included official referees so appointed.

(4)For the avoidance of doubt it is hereby declared that the tenure of office of official referees is that prescribed by section one hundred and twenty-seven of the principal Act, and so much of subsection (2) of section one hundred and twenty-five of that Act as provides that the tenure of office of the official referees is to be determined by the Lord Chancellor as therein mentioned is hereby repealed.

10Qualifications, etc., of official referees and other officers

(1)In addition to persons otherwise qualified—

(a)a judge of county courts shall be qualified to be appointed an official referee ;

(b)the Assistant Master in Lunacy shall be qualified to be appointed Master in Lunacy ;

(c)the assistant registrar of the Court of Criminal Appeal shall be qualified to be appointed Queen's Coroner and Attorney, Master of the Crown Office and Registrar of the Court of Criminal Appeal;

(d)the deputy assistant registrar of the Court of Criminal Appeal shall be qualified to be appointed—

(i)assistant registrar of the Court of Criminal Appeal; or

(ii)Queen's Coroner and Attorney, Master of the Crown Office and Registrar of the Court of Criminal Appeal.

(2)Any person appointed deputy assistant registrar of the Court of Criminal Appeal shall be a barrister of not less than five years' standing and shall be appointed by the Lord Chief Justice of England.

11Appointment, etc., of deputy district registrars

(1)Section one hundred and sixteen of the principal Act (which relates to the appointment of deputies for Supreme Court officers) shall not apply to a deputy district registrar appointed after the coming into force of this section, but in lieu thereof the following provisions shall have effect.

(2)The district registrar for any district may from time to time, with the approval of the Lord Chancellor, appoint a deputy to act for him at any time when he is prevented by illness or unavoidable absence from acting in his office:

Provided that where the district registrar is unable to make such an appointment the Lord Chancellor may make it.

(3)Any person being a solicitor of not less than seven years' standing shall be qualified for appointment as deputy district registrar.

(4)A deputy district registrar, while acting under his appointment, shall have the same powers as if he were the district registrar.

(5)The appointment of a deputy of a district registrar under subsection (2) of this section shall not be avoided by the vacation of office by the district registrar from any cause whatsoever, but the acts of the deputy done thereafter shall be as valid as if the district registrar had not vacated office, and the deputy shall continue to act until a successor to the district registrar is appointed.

(6)A deputy district registrar shall not act as such in relation to any proceedings in which he is, either by himself or his partner, directly or indirectly engaged as a solicitor or agent for any party.

(7)Any person appointing a deputy under this section may at his pleasure remove that deputy from his office.

12Appointment, etc., of assistant district registrars

(1)Assistant district registrars of the High Court may be appointed in aid of the district registrars provided for by section eighty-four of the principal Act, and shall be officers of the Supreme Court.

(2)Any person being a solicitor of not less than seven years' standing shall be qualified for appointment as assistant district registrar of any district.

(3)The power to make appointments to the office of assistant district registrar shall be vested in the Lord Chancellor.

(4)An assistant district registrar of any district shall be capable of discharging any of the functions of the district registrar, and in so doing shall have the same powers as if he were the district registrar.

(5)The district registrar of any district where there is an assistant district registrar may divide the district registrar's duties as he thinks fit between himself and the assistant district registrar.

(6)Section one hundred and twenty of the principal Act (which prohibits officers of the Supreme Court from practising as a barrister or solicitor in any court), shall not apply to an assistant district registrar, but an assistant district registrar of any district shall not, either by himself or his partner, be directly or indirectly engaged as a solicitor or agent for a party to any proceeding whatsoever in the registry of that district.

(7)In the following enactments (which relate to the pensions, etc., of county court registrars and assistant registrars and to their right to engage in other employment, and under which any duties and salary as district registrar of the High Court are taken into account in the same way as duties and salary as county court registrar or assistant registrar), that is to say.—

(a)section seventeen of the County Courts Act, 1934, and paragraph 4 of Part II of the First Schedule to that Act; and

(b)subsection (4) of section two of the Administration of Justice (Pensions) Act, 1950;

any reference to a district registrar of the High Court shall include a reference to an assistant district registrar.

13Power of one district registrar to act for another

(1)The district registrar of any district shall be capable of acting in the district registry of any other district for the district registrar of that other district, and subsection (7) of section eighty-four of the principal Act (which prohibits a person who is, or is acting as, the district registrar of any district from acting as solicitor in the registry of that district) shall not apply to a person acting as district registrar of a district by virtue of this section:

Provided that a person shall not by virtue of this section act as district registrar in relation to any proceedings in which he is, either by himself or his partner, directly or indirectly engaged as a solicitor or agent for any party.

(2)The district registrar of any district, where the district registrar of some other district is acting for him under this section, may divide the district registrar's duties as he thinks fit between himself and the district registrar acting for him.

14Number of conveyancing counsel

The conveyancing counsel of the court shall be not more than six, nor less than three, in number (instead of being not less than six in number as required by subsection (2) of section two hundred and seventeen of the principal Act).

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