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The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018

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PART 1Amendments to Primary Legislation

4.  In the Courts Act 1971(1), in the list in Part 1A of Schedule 2 (certain office-holders eligible for appointment as circuit judges), for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”.

5.  In the Judicial Pensions Act 1981(2), in the list in paragraph 1 of Schedule 1 (pensions of certain judicial office holders), for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”.

6.  In the Senior Courts Act 1981(3)—

(a)in the table in section 89(3C) (masters and registrars), in the right hand column, for “Registrar in bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”, and

(b)in Schedule 2 (list of offices in Senior Courts for purposes of Part 4), in the table in Part 2, for “Registrar in Bankruptcy of the High Court” in the left hand column substitute “Insolvency and Companies Court Judge”.

7.  In the following provisions of the Insolvency Act 1986(4), for “a registrar in bankruptcy of the High Court” substitute “an insolvency and companies court judge”—

(a)section 375(2) (appeals etc from courts exercising insolvency jurisdiction);

(b)section 413(3)(c) (insolvency rules committee);

(c)paragraph 2 of Schedule 9 (provisions capable of inclusion in individual insolvency rules).

8.  In the following provisions of the Courts and Legal Services Act 1990(5), for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”—

(a)section 76(1)(d) (judicial oaths);

(b)the list in Schedule 11 (judges etc. barred from legal practice).

9.  In the following provisions of the Judicial Pensions and Retirement Act 1993(6), for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”—

(a)the list in Part 2 of Schedule 1 (qualifying office: judges);

(b)the list in Schedule 5 (retirement provisions: the relevant office) in both places where it occurs;

(c)paragraph 5(5)(i)(d) of Schedule 7 (retirement dates: transitional provisions).

10.  In the Courts Act 2003, in the list in section 64(2) (power to alter judicial titles)—

(a)omit the entry “Registrar in Bankruptcy of the High Court”, and

(b)after the entry “Head of Family Justice” insert the entry “Insolvency and Companies Court Judge”.

11.  In the Constitutional Reform Act 2005(7), in Table 2 of Part 1 of Schedule 14 (the Judicial Appointments Commission: Relevant Offices and Enactments) for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”.

(1)

1971 c. 23. The list was inserted by paragraph 31(2) of Schedule 10 to the Courts and Legal Services Act 1990 (c. 41) and has other amendments not relevant to this instrument.

(2)

1981 c. 20. The list was substituted by paragraph 2 of the relevant entry in Schedule 5 to the Senior Courts Act 1981, its title was amended by paragraph 25(4) of Schedule 11 to the Constitutional Reform Act 2005. There are other amendments not relevant to this instrument.

(3)

The table in section 89(3C) was inserted by paragraph 3(4) of Schedule 3 to the Constitutional Reform Act 2005. The table in Schedule 2 was substituted by paragraph 13(3) of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007. There are other amendments not relevant to this instrument.

(4)

1986 c. 45. Section 375(2) was amended by Part 3 of Schedule 15 to the Access to Justice Act 1999 (c. 22) and paragraph 52 of Schedule 9 to the Crime and Courts Act 2013. Section 413(3) was amended by paragraph 93(k) of Schedule 9 to the Crime and Courts Act 2013 and by paragraph 190(2) of Schedule 4 to the Constitutional Reform Act 2005. Paragraph 2 of Schedule 9 was amended by paragraph 93(l) of Schedule 9 to the Crime and Courts Act 2013.

(5)

1990 c. 41. Section 76(1) was amended by paragraph 4(3) of Schedule 11 to the Constitutional Reform Act 2005. The list in Schedule 11 was amended in ways not relevant to this instrument.

(6)

1993 c. 8. Both the lists in Schedule 1 and 5 are amended in ways not relevant to this instrument, paragraph 5(5)(i)(d) of Schedule 7 was amended by Paragraph 1(2) of Schedule 11(1) to the Constitutional Reform Act 2005.

(7)

Table 2 was inserted by paragraph 29(3) of Schedule 13 to the Crime and Courts Act 2013.

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