Part IIIJudicial and Other Offices and Judicial Pensions

Judges

73 Delegation of certain administrative functions of Master of the Rolls.

1

Where the Master of the Rolls expects to be absent at a time when it may be appropriate for any relevant functions of his to be exercised, he may appoint a judge of the F1Senior Courts to exercise those functions on his behalf.

2

Where the Master of the Rolls considers that it would be inappropriate for him to exercise any such functions in connection with a particular matter (because of a possible conflict of interests or for any other reason), he may appoint a judge of the F1Senior Courts to exercise those functions on his behalf in connection with that matter.

3

Where the Master of the Rolls is incapable of exercising his relevant functions, the F2Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the F1Senior Courts to exercise, on behalf of the Master of the Rolls, such of those functions as the F3Lord Chief Justice and Lord Chancellor consider appropriate.

4

Any appointment under this section shall be in writing and shall specify—

a

the functions which may be exercised by the appointed judge; and

b

the period for which the appointment is to have effect.

5

In this section “relevant functions” means any functions of the Master of the Rolls under—

a

section 144A of the M1Law of Property Act 1922 (functions in relation to manorial documents);

b

section 7(1) of the M2Public Records Act 1958 (power to determine where records of the Chancery of England are to be deposited);

c

the M3Solicitors Act 1974 (which gives the Master of the Rolls various functions in relation to solicitors);

d

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).