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United Kingdom 1215 Constitution (reviewed 2013)

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Senior Courts Act 1981

Preamble

An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the Senior Courts in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes.

[28th July 1981]

Part I. CONSTITUTION OF Senior Courts

Subheading 1. The Senior Courts

1. The Senior Courts

  1. The Senior Courts of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act.
  2. The Lord Chancellor shall be president of the Senior Courts.

Subheading 2. The Court of Appeal

2. The Court of Appeal

  1. The Court of Appeal shall consist of
    1. ex-officio judges, and
    2. ordinary judges, of whom the maximum full-time equivalent number is 38.
  2. The following shall be ex-officio judges of the Court of Appeal—
    1. [repealed]
    2. any person who was Lord Chancellor before 12 June 2003;
    3. any judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office within paragraphs (d) to (g);
    4. the Lord Chief Justice;
    5. the Master of the Rolls;
    6. the President of the Queen’s Bench Division;
    7. the President of the Family Division;
    8. the Chancellor of the High Court;

    but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the request of the Lord Chief Justice he consents to do so.

  3. 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 function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.
  4. An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.
  5. Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of ordinary judges of the Court of Appeal.
  6. It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
  7. No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
  8. The Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of Lord Chief Justice, Master of the Rolls, President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court.
  9. For the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable.

3. Divisions of Court of Appeal

  1. There shall be two divisions of the Court of Appeal, namely the criminal division and the civil division.
  2. The Lord Chief Justice shall be president of the criminal division of the Court of Appeal, and the Master of the Rolls shall be president of the civil division of that court.
  3. The Lord Chief Justice may, after consulting the Lord Chancellor appoint one of the ordinary judges of the Court of Appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division.
  4. When sitting in a court of either division of the Court of Appeal in which no ex-officio judge of the Court of Appeal is sitting, the vice-president (if any) of that division shall preside.
  5. Any number of courts of either division of the Court of Appeal may sit at the same time.
  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).

Subheading 3. The High Court

4. The High Court

  1. The High Court shall consist of
    1. [repealed]
    2. the Lord Chief Justice;
    3. the President of the Queen’s Bench Division;
    4. the President of the Family Division;
    5. the Chancellor of the High Court;
    6. the Senior Presiding Judge
    7. the vice-president of the Queen’s Bench Division; and
    8. the puisne judges of that court, of whom the maximum full-time equivalent number is 108.
  2. The puisne judges of the High Court shall be styled “Justices of the High Court”.
  3. All the judges of the High Court shall, except where this Act expressly provides otherwise, have in all respects equal power, authority and jurisdiction.
  4. Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of puisne judges of the High Court.
  5. It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
  6. No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
  7. The High Court shall be taken to be duly constituted notwithstanding any vacancy in the office of Lord Chief Justice, President of the Queen’s Bench Division, President of the Family Division, Chancellor of the High Courtor Senior Presiding Judge and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division.
  8. For the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable.

5. Divisions of High Court

  1. There shall be three divisions of the High Court namely—
    1. the Chancery Division, consisting of the Chancellor of the High Court, who shall be president thereof, the Vice-Chancellor, who shall be vice-president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section;
    2. the Queen’s Bench Division, consisting of the Lord Chief Justice, the President of the Queen’s Bench Division, the vice-president of the Queen’s Bench Division and such of the puisne judges as are for the time being so attached thereto; and
    3. the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.
  2. The puisne judges of the High Court shall be attached to the various Divisions by direction given by the Lord Chief Justice after consulting the Lord Chancellor; and any such judge may with his consent be transferred from one Division to another by direction given by the Lord Chief Justice after consulting the Lord Chancellor, but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.
  3. Any judge attached to any Division may act as an additional judge of any other Division at the request of the Lord Chief Justice made with the concurrence of both of the following—
    1. the senior judge of the Division to which the judge is attached;
    2. the senior judge of the Division of which the judge is to act as an additional judge.
  4. Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.
  5. Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.
  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 (2).

6. The Patents, Admiralty and Commercial Courts

  1. There shall be—
    1. as part of the Chancery Division, a Patents Court; and
    2. as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.
  2. The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be judges of the Patents Court, Admiralty Judges and Commercial Judges respectively.
  3. 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 (2).

7. Power to alter Divisions or transfer certain courts to different Divisions

  1. Her Majesty may from time to time, on a recommendation of the Lord Chancellor and the judges mentioned in subsection (2), by Order in Council direct that—
    1. any increase or reduction in the number of Divisions of the High Court; or
    2. the transfer of any of the courts mentioned in section 6(1) to a different Division,

    be carried into effect in pursuance of the recommendation.

  2. Those judges are the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court
  3. An Order in Council under this section may include such incidental, supplementary or consequential provisions as appear to Her Majesty necessary or expedient, including amendments of provisions referring to particular Divisions contained in this Act or any other statutory provision.
  4. Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subheading 4. The Crown Court

8. The Crown Court

  1. The jurisdiction of the Crown Court shall be exercisable by—
    1. any judge of the High Court; or
    2. any Circuit judge , Recorder, qualifying judge advocate or District Judge (Magistrates’ Courts); or
    3. subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, Circuit judge or Recorder or qualifying judge advocate sitting with not more than four justices of the peace,

    and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court.

  2. The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court.
  3. A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.
  4. When the Crown Court sits in the City of London it shall be known as the Central Criminal Court; and the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court , Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates’ Courts).
  5. Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.

Subheading 5. Other provisions

9. Assistance for transaction of judicial business

  1. A person within any entry in column 1 of the following Table may subject to the provision at the end of that Table at any time, at the request of the appropriate authority, act—
    1. as a judge of a relevant court specified in the request; or
    2. if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.

    Table

    Key: Column 1 = Judge or ex-judge; Column 2 = Where competent to act on request

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    Row 1

    Column 1

    A judge of the Court of Appeal.

    Column 2

    The High Court and the Crown Court.

    Row 2

    Column 1

    A person who has been a judge of the Court of Appeal.

    Column 2

    The Court of Appeal, the High Court, the family court, the county court and the Crown Court.

    Row 3

    Column 1

    A puisne judge of the High Court.

    Column 2

    The Court of Appeal.

    Row 4

    Column 1

    A person who has been a puisne judge of the High Court.

    Column 2

    The Court of Appeal, the High Court, the family court, the county court and the Crown Court.

    Row 4A

    Column 1

    The Senior President of Tribunals.

    Column 2

    The Court of Appeal and the High Court.

    Row 5

    Column 1

    A Circuit judge.

    Column 2

    The High Court and the Court of Appeal.

    Row 6

    Column 1

    A Recorder or a person within subsection (1ZB).

    Column 2

    The High Court.

    The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.

  2. The Senior President of Tribunals is to be treated as not being within any entry in column 1 of the Table other than entry 4A.
  3. A person is within this subsection if the person—
    1. is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,
    2. is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,
    3. is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),
    4. is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or
    5. is the President of Employment Tribunals (England and Wales) or the President of Employment Tribunals (Scotland).
  4. A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.
  5. In subsection (1)—
    • “the appropriate authority” means—
      “relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.

  6. The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).
  7. In the case of a request to a person within entry 1, 3, 4A, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.
  8. In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.
  9. In the case of a request to a person within entry 5 or 6 in column 1 of the Table to act as a judge of the High Court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry.
  10. In the case of a request to a Circuit judge to act as a judge of the Court of Appeal, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.
  11. The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to—
    1. a request made to a person who has been a judge of the Court of Appeal,
    2. a request made to a person who has been a puisne judge of the High Court and is not a judge of the Court of Appeal, or
    3. a request made to the Senior President of Tribunals if the holder of that office is a judge of the Court of Session or of the High Court, or Court of Appeal, in Northern Ireland.

    it shall be the duty of the person to whom the request is made to comply with it.

  12. Without prejudice to section 24 of the Courts Act 1971 (temporary appointment of deputy Circuit judges), if it appears to the Lord Chief Justice, after consulting the Lord Chancellor,that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court or any other court or tribunal to which persons appointed under this subsection may be deployed, he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the Lord Chief Justice may, after consulting the Lord Chancellor, think fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.
  13. No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).
  14. Every person while acting under this section shall, subject to subsections (6) and (6A), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.
  15. A person shall not by virtue of subsection (5)—
    1. be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—
      1. the appointment, retirement, removal or disqualification of judges of that court;
      2. the tenure of office and oaths to be taken by such judges; or
      3. the remuneration, allowances or pensions of such judges; or
    2. subject to section 27 of the Judicial Pensions and Retirement Act 1993, be treated as having been a judge of a court in which he has acted only under this section.
  16. A Circuit judge or Recorder or person within subsection (1ZB) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 , 31B, 31C and 44 of the Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the Senior Courts).
  17. [Repealed]
  18. Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament—
    1. to any person who has been—
      1. a judge of the Supreme Court; or
      2. a judge of the Court of Appeal; or
      3. a judge of the High Court,

      and is by virtue of subsection (1) acting as mentioned in that subsection;

    2. to any deputy judge of the High Court appointed under subsection (4).
  19. A person may be removed from office as a deputy judge of the High Court—
    1. only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
    2. only on—
      1. the ground of inability or misbehaviour, or
      2. a ground specified in the person’s terms of appointment.
  20. Subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the High Court in accordance with the terms of the person’s appointment, which are to be such as the Lord Chancellor may determine.
  21. The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

10. Appointment of judges of Senior Courts

  1. Whenever the office of Lord Chief Justice, Master of the Rolls, President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court is vacant, Her Majesty may , on the recommendation of the Lord Chancellor, by letters patent appoint a qualified person to that office.
  2. Subject to the limits on full-time equivalent numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may , 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—
    1. as Lord Chief Justice, Master of the Rolls, President 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;
    2. as a Lord Justice of Appeal, unless—
      1. he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
      2. he is a judge of the High Court; or
    3. as a puisne judge of the High Court, unless—
      1. he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
      2. he is a Circuit judge who has held that office for at least 2 years.
  4. A person appointed—
    1. to any of the offices mentioned in subsection (1),
    2. as a Lord Justice of Appeal, or
    3. 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—
    1. the Master of the Rolls;
    2. the President of the Queen’s Bench Division;
    3. the President of the Family Division;
    4. 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. Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).
  8. 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—
    1. the Lord Chief Justice, or
    2. a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
  9. In this section “required oaths” means—
    1. the oath of allegiance, and
    2. the judicial oath,

    as set out in the Promissory Oaths Act 1868.

11. Tenure of office of judges of Senior Courts

  1. This section applies to the office of any judge of the Senior Courts
  2. A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of seventy years unless by virtue of this section he has ceased to hold it before then.
  3. A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.
  4. It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).
  5. A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming a judge of the Supreme Court.
  6. A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal.
  7. A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal.
  8. A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect.
  9. The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies—
    1. is disabled by permanent infirmity from the performance of the duties of his office; and
    2. is for the time being incapacitated from resigning his office,

    may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.

  10. A declaration under subsection (8) with respect to a person shall be of no effect unless it is made—
    1. in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court, with the concurrence of two others of them;
    2. in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
    3. in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.
  11. [Repealed]

12. Salaries etc. of judges of Senior Courts

  1. Subject to subsections (2) and (3), there shall be paid to judges of the Senior Courts such salaries as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
  2. Until otherwise determined under this section, there shall be paid to the judges mentioned in subsection (1) the same salaries as at the commencement of this Act.
  3. Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.
  4. [Repealed]
  5. Salaries payable under this section shall be charged on and paid out of the Consolidated Fund.
  6. There shall be paid out of money provided by Parliament to any judge of the Court of Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
  7. Pensions shall be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the Judicial Pensions Act 1981 or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act.

13. Precedence of judges of Senior Courts

  1. When sitting in the Court of Appeal—
    1. the Lord Chief Justice and the Master of the Rolls shall rank in that order; and
    2. judges of the Supreme Court and persons who have been Lord Chancellor shall rank next after the Master of the Rolls and, among themselves, according to the priority of the dates on which they respectively became judges of the Supreme Court or Lord Chancellor, as the case may be.
  2. Subject to subsection (1)(b), the President of the Queen’s Bench Division shall rank next after the Master of the Rolls.
  3. The President of the Family Division shall rank next after the President of the Queen’s Bench Division.
  4. The Chancellor of the High Court shall rank next after the President of the Family Division.
  5. The vice-president or vice-presidents of the divisions of the Court of Appeal shall rank next after the Chancellor of the High Court; and if there are two vice-presidents of those divisions, they shall rank, among themselves, according to the priority of the dates on which they respectively became vice-presidents.
  6. The Lords Justices of Appeal (other than the vice-president or vice-presidents of the divisions of the Court of Appeal) shall rank after the ex-officio judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of that court.
  7. The puisne judges of the High Court shall rank next after the judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of the High Court.

14. Power of judge of Senior Courts or Crown Court to act in cases relating to rates and taxes

  1. A judge of the Senior Courts or of the Crown Court shall not be incapable of acting as such in any proceedings by reason of being, as one of a class of ratepayers, taxpayers or persons of any other description, liable in common with others to pay, or contribute to, or benefit from, any rate or tax which may be increased, reduced or in any way affected by those proceedings.
  2. In this section “rate or tax” means any rate, tax, duty or liability, whether public, general or local, and includes—
    1. any fund formed from the proceeds of any such rate, tax, duty or liability; and
    2. any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or liability are or might be applied.

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