Part I CONSTITUTION OF F10Senior Courts
Other provisions
10 Appointment of judges of F1Senior Courts.
1
Whenever the office of Lord Chief Justice, Master of the Rolls, F2President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court is vacant, Her Majesty may F3, on the recommendation of the Lord Chancellor, by letters patent appoint a qualified person to that office.
2
Subject to the limits on numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may F4, on the recommendation of the Lord Chancellor, from time to time by letters patent appoint qualified persons as Lords Justices of Appeal or as puisne judges of the High Court.
3
No person shall be qualified for appointment—
a
as Lord Chief Justice, Master of the Rolls, F5President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court, unless he is qualified for appointment as a Lord Justice of Appeal or is a judge of the Court of Appeal;
b
as a Lord Justice of Appeal, F6unless—
- i
F7he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
- ii
he is a judge of the High Court;; or
c
as a puisne judge of the High Court, F8unless—
- i
F7he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
- ii
he is a Circuit judge who has held that office for at least 2 years.
F94
A person appointed—
a
to any of the offices mentioned in subsection (1),
b
as a Lord Justice of Appeal, or
c
as a puisne judge of the High Court,
shall take the required oaths as soon as may be after accepting office.
5
In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—
a
the Master of the Rolls;
b
the President of the Queen's Bench Division;
c
the President of the Family Division;
d
the Chancellor of the High Court.
6
Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.
7
In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—
a
the Lord Chief Justice, or
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
8
In this section “required oaths” means—
a
the oath of allegiance, and
b
the judicial oath,
as set out in the Promissory Oaths Act 1868.
Words in Pt. 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)