http://www.legislation.gov.uk/ukpga/2003/39/part/6ACourts Act 2003An Act to make provision about the courts and their procedure and practice; about judges and magistrates; about fines and the enforcement processes of the courts; about periodical payments of damages; and for connected purposes.texttext/xmlenStatute Law Database2026-09-29Expert Participation2026-10-01 Courts Act 2003specified provision(s)The Courts Act 2003 (Commencement No. 9, Savings, Consequential and Transitional Provisions) Order 2005art. 2commencement order for 2003 c. 39. Effect not applied to legislation.gov.uk. This S.I. is revoked (23.3.2005) by S.I. 2005/910, art. 2Courts Act 2003Sch. 5 para. 13(1)(ca)Crime and Courts Act 2013s. 26(3)s. 61(3)Courts Act 2003s. 85EA(5)Police, Crime, Sentencing and Courts Act 2022Sch. 11 para. 29s. 208(1)Courts Act 2003s. 75(6)Judicial Review and Courts Act 2022Sch. 4 para. 3(2)s. 51(4)Courts Act 2003s. 81(6)Judicial Review and Courts Act 2022Sch. 4 para. 3(3)s. 51(4)Courts Act 2003s. 3(3)(c) and wordPlanning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 346(b)Sch. 5 Pt. 1s. 5(2)Courts Act 2003Sch. 5 para. 1(1A)Crime and Policing Act 2026Sch. 21 para. 21(2)(b)s. 255(1)Courts Act 2003Sch. 5 para. 2(1A)Crime and Policing Act 2026Sch. 21 para. 21(3)(b)s. 255(1)Courts Act 2003Sch. 5 para. 3(1)(da)Crime and Policing Act 2026Sch. 21 para. 21(4)s. 255(1)Courts Act 2003Sch. 5 para. 7(2A)Crime and Policing Act 2026Sch. 21 para. 21(5)(b)s. 255(1)Courts Act 2003s. 76(2B)Children, Schools and Families Act 2010Sch. 3 para. 14s. 21(8) 27s. 29(4)(b) PART 6A67A1In this Part—“judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005;“relevant judicial function” means—a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies;a judicial function of a person holding an office that entitles the person to exercise functions of such a court;but does not include a function to which any of the following subsections applies.2This subsection applies to any function so far as its exercise involves authorising a person's committal to prison.3This subsection applies to any function so far as its exercise involves authorising a person's arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person's arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.4This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by—athe person against whom the order is made, orbthe person's spouse, civil partner or dependent child aged under 18,but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.5This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.6This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).67B1Rules of court may provide for the exercise of relevant judicial functions by persons who—aare appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, andbsatisfy any requirements specified in the rules as to qualifications or experience.2A person may exercise functions by virtue of subsection (1) only if authorised to do so by the Lord Chief Justice.3Such a person is referred to in this Part as an “authorised person”.4An authorisation under subsection (2)—amay be subject to conditions, andbmay be varied or revoked by the Lord Chief Justice at any time.5The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—aa judicial office holder;ba person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.6A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—athe Lord Chief Justice, orba judicial office holder nominated by the Lord Chief Justice,when exercising the functions.7Nothing in this Part is to be taken to affect the generality of any enactment conferring powers to make rules of court.67C1Before making rules of court that provide for the exercise of relevant judicial functions by authorised persons by virtue of section 67B(1), the authority with power to make the rules must take the following steps in relation to each of the functions in question.2The authority must consider whether the rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.3If the authority considers that the rules should include such a right, it must include provision to that effect when it makes the rules.4If the authority does not consider that the rules should include such a right, it must inform the Lord Chancellor of—aits decision, andbits reasons for reaching that decision.67D1The Lord Chief Justice may give directions to an authorised person.2Apart from such directions, an authorised person exercising a relevant judicial function by virtue of section 67B(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the function.3The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—aa judicial office holder;ba person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.4A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—athe Lord Chief Justice, orba judicial office holder nominated by the Lord Chief Justice,when exercising the functions.67E1No action lies against an authorised person in respect of what the person does or omits to do—ain the execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, andbin relation to a matter within the person's jurisdiction.2An action lies against an authorised person in respect of what the person does or omits to do—ain the purported execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, butbin relation to a matter not within the person's jurisdiction,if, but only if, it is proved that the person acted in bad faith.3If an action is brought in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—amay, on the application of the defendant, strike out the proceedings in the action, andbif it does so, may if it thinks fit order the person bringing the action to pay costs.67F1A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function.2But subsection (1) does not apply in relation to any proceedings in which an authorised person—ais being tried for an offence or is appealing against a conviction, orbis proved to have acted in bad faith in respect of the matters giving rise to the proceedings.3A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.4The Lord Chancellor may, after consulting the Lord Chief Justice, make regulations specifying—acircumstances in which a court must or must not exercise the power conferred on it by subsection (3), andbhow the amount of any payment ordered under subsection (3) is to be determined.5The Lord Chief Justice may nominate a judicial office holder to exercise the Lord Chief Justice's functions under this section.67G1“Indemnifiable amounts”, in relation to an authorised person, means—acosts which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,bcosts which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,cdamages awarded against the person or costs ordered to be paid by the person in such proceedings, ordsums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.2Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.3The Lord Chancellor must indemnify an authorised person in respect of—aindemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith, andbother indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.4The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.5Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.6The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—acosts such as are mentioned in subsection (1)(a) or (b), orbsums such as are mentioned in subsection (1)(d),before the costs are incurred or the settlement in connection with which the sums are payable is made.7But a determination under subsection (6) before costs are incurred—ais subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, andbdoes not affect any other determination which may fall to be made in connection with the proceedings or claim in question.Pt. 6A inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 32; S.I. 2020/24, regs. 2(b)(iii), 3(b)