The sections of the Access to Justice Act relevant to judges

Judges etc.

Judges holding office in European or international courts.

    68. - (1) A holder of a United Kingdom judicial office may hold office in a relevant international court without being required to relinquish the United Kingdom judicial office.

    (2) In this section-

"United Kingdom judicial office" means the office of-
(a) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales,
(b) judge of the Court of Session or sheriff, in Scotland, or
(c) Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland, and
"relevant international court" means-
(a) any court established for any purposes of the European Communities, or
(b) any international court (apart from the European Court of Human Rights) which is designated for the purposes of this section by the Lord Chancellor or the Secretary of State.

    (3) A holder of a United Kingdom judicial office who also holds office in a relevant international court is not required to perform any duties as the holder of the United Kingdom judicial office but does not count as holding the United Kingdom judicial office-

(a) for the purposes of section 12(1) to (6) of the Supreme Court Act 1981, section 9(1)(c) or (d) of the Administration of Justice Act 1973, section 18 of the Courts Act 1971, section 14 of the Sheriff Courts (Scotland) Act 1907 or section 106 of the County Courts Act (Northern Ireland) 1959 (judicial salaries),
(b) for the purposes of, or of any scheme established by and in accordance with, the Judicial Pensions and Retirement Act 1993, the Judicial Pensions Act 1981, the Sheriffs' Pensions (Scotland) Act 1961 or the County Courts Act (Northern Ireland) 1959 (judicial pensions), or
(c) for the purposes of section 2(1) or 4(1) of the Supreme Court Act 1981, section 1(1) of the Court of Session Act 1988 or section 2(1) or 3(1) of the Judicature (Northern Ireland) Act 1978 (judicial numbers).

    (4) If the sheriff principal of any sheriffdom also holds office in a relevant international court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies as if the office of sheriff principal of that sheriffdom were vacant.

    (5) The appropriate Minister may by order made by statutory instrument make in relation to a holder of a United Kingdom judicial office who has ceased to hold office in a relevant international court such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate.

    (6) In subsection (5) "the appropriate Minister" means-

(a) in relation to any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2), the Lord Chancellor, and
(b) in relation to any United Kingdom judicial office specified in paragraph (b) of that definition, the Secretary of State.

    (7) A statutory instrument containing an order made under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Vice-president of Queen's Bench Division.

    69. - (1) The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen's Bench Division; and any person so appointed shall hold that office in accordance with the terms of his appointment.

    (2) In section 4 of the Supreme Court Act 1981 (composition of High Court)-

(a) in subsection (1) (membership), after the words "the Senior Presiding Judge;" insert-
"(ddd) the vice-president of the Queen's Bench Division;", and
(b) in subsection (6) (vacancy in offices not to affect constitution), at the end insert "and whether or not an appointment has been made to the office of vice-president of the Queen's Bench Division."

    (3) In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen's Bench Division), after "thereof," insert "the vice-president of the Queen's Bench Division".

Registrar of civil appeals.

    70. The office of registrar of civil appeals is abolished.

PART V

MAGISTRATES AND MAGISTRATES' COURTS

Justices

Unification and renaming of stipendiary bench.

    78. - (1) For sections 11 to 20 of the Justices of the Peace Act 1997 and the heading preceding section 11 (stipendiary magistrates and metropolitan stipendiary magistrates) substitute-  

"District Judges (Magistrates' Courts)

Appointment and tenure.

    10A. - (1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a District Judge (Magistrates' Courts).  

    (2) The Lord Chancellor-  

    (a) shall designate one of the District Judges (Magistrates' Courts) to be the Senior District Judge (Chief Magistrate); and
    (b) may designate another of them to be his deputy.

    (3) A District Judge (Magistrates' Courts) may not be removed from office except by the Lord Chancellor on the ground of incapacity or misbehaviour.  

    (4) The Lord Chancellor may pay to a District Judge (Magistrates' Courts) (in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973) such allowances as he may, with the approval of the Treasury, determine.  

Deputies.

    10B. - (1) The Lord Chancellor may appoint any person who has a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (2) below).  

    (2) The Lord Chancellor may remove a Deputy District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.  

    (3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may, with the approval of the Treasury, determine.  

    (4) During the period of his appointment a Deputy District Judge (Magistrates' Courts) shall act as a District Judge (Magistrates' Courts) and shall be treated for all purposes (apart from appointment, tenure, remuneration and allowances and pensions) as if he were a District Judge (Magistrates' Courts).  

Status.

    10C. - (1) A District Judge (Magistrates' Courts) shall by virtue of his office be a justice of the peace for every commission area.  

    (2) Where any enactment makes provision defining the powers of any person or court by reference to the area for which a person is a justice of the peace, the provision shall have effect where that person is a District Judge (Magistrates' Courts) as if it defined the powers by reference to the area for which he is for the time being acting as a justice of the peace.  

    (3) A District Judge (Magistrates' Courts) shall sit at such court-houses, on such days and at such times, as may be determined by, or in accordance with, directions given by the Lord Chancellor from time to time.  

    (4) References in any enactment, instrument or other document to a district judge or deputy district judge do not include a District Judge (Magistrates' Courts).  

Power to discharge functions exercisable by two justices.

    10D. - (1) A District Judge (Magistrates' Courts), sitting in a place appointed for the purpose, shall have power-  

    (a) to do any act; and
    (b) to exercise alone any jurisdiction,

which can be done or exercised by two justices, including any act or jurisdiction expressly required to be done or exercised by justices sitting or acting in petty sessions.  

    (2) Subsection (1) above does not apply where the law under which the act or jurisdiction can be done or exercised was made after 2nd August 1858 and contains express provision contrary to that subsection.  

    (3) Any statutory provision auxiliary to the jurisdiction exercisable by two justices of the peace shall apply also to the jurisdiction of a District Judge (Magistrates' Courts).  

    (4) Subsections (1) and (3) above do not apply where the act or jurisdiction relates to the grant or transfer of any licence.  

    (5) Any authority or requirement in any enactment for persons to be summoned or to appear at petty sessions in any case shall include authority or a requirement in such a case for persons to be summoned or to appear before a District Judge (Magistrates' Courts) at the place appointed for his sitting.  

    (6) Nothing in this section applies to the hearing or determination of family proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980.