Part IIIJudicial and Other Offices and Judicial Pensions

Judges

73 Delegation of certain administrative functions of Master of the Rolls.

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 Supreme Court 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 Supreme Court 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 Lord Chancellor may appoint a judge of the Supreme Court to exercise, on behalf of the Master of the Rolls, such of those functions as the Lord Chancellor considers 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

section 9 of, and Schedule 2 to, the M4Administration of Justice Act 1985 (functions in relation to incorporated practices).