(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(6)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).]
Textual Amendments
F1Words in s. 73 substituted (1.1.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
F2Words in s. 73(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 215(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
F3Words in s. 73(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 215(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
F4S. 73(5)(d) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(viii)(ff) (with art. 9)
F5S. 73(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 215(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11
Marginal Citations