F1PART 6AExercise of judicial functions by authorised persons

67AMeaning of “judicial office holder” and “relevant judicial function”

(1)

In this Part—

“judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005;

“relevant judicial function” means—

(a)

a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies;

(b)

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.

(2)

This subsection applies to any function so far as its exercise involves authorising a person's committal to prison.

(3)

This 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.

(4)

This 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—

(a)

the person against whom the order is made, or

(b)

the 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.

(5)

This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.

(6)

This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).