Courts Act 2003 (c. 39)

Part 6E+WJudges

Offices, titles, styles etc.E+W

[F262[F1Head and Deputy Head of Civil Justice]E+W

(1)There is to be a Head of Civil Justice.

(2)The Head of Civil Justice is—

(a)the Master of the Rolls, or

(b)if the Lord Chief Justice appoints another person, that person.

(3)The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.

(4)The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—

(a)the Lord Chief Justice has consulted the Lord Chancellor;

(b)the person to be appointed is one of the following—

(i)the Chancellor of the High Court;

(ii)an ordinary judge of the Court of Appeal.

(5)A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.

(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 this section.]

Textual Amendments

F1S. 62 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 4 para. 330; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F2S. 62 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 4 para. 330; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

63Ordinary judges of the Court of AppealE+W

(1)In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) substitute—

“(3)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”.”

(2)“The 1981 Act” means the [F3Senior Courts Act 1981](c. 54).

Textual Amendments

F3Words in s. 63(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1; {S.I. 2009/1604, art. 2(d)}

64Power to alter judicial titlesE+W

(1)The Lord Chancellor may by order—

(a)alter the name of an office listed in subsection (2);

(b)provide for or alter the way in which the holders of any of those offices are to be styled.

(2)The offices are—

Admiralty Registrar
F4...
[F5Chancellor of the High Court]
[F6Chief Chancery Master]
[F6Chief Insolvency and Companies Court Judge]
[F6Chief Taxing Master]
Circuit judge
Deputy Circuit judge
Deputy district judge appointed under section 102 of the 1981 Act
Deputy district judge [F7appointed under section 8 of the County Courts Act 1984]
[F8Deputy Head of Civil Justice]
[F9Deputy Head of Family Justice]
Deputy judge of the High Court
[F10District judge of the county court]
District judge of the High Court
District judge of the principal registry of the Family Division
District probate registrar
[F11Head of Civil Justice]
[F12Head of Family Justice]
[F13Insolvency and Companies Court Judge]
Lord Chief Justice
Master of the Chancery Division
F14...
Master of the Queen’s Bench Division
Master of the Rolls
Ordinary judge of the Court of Appeal
[F15President of the Courts of England and Wales]
[F16President of the Court of Protection,]
President of the Family Division
[F17President of the Queen's Bench Division]
Presiding Judge for a Circuit
Puisne judge of the High Court
Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals
Recorder
F18...
[F6Senior District Judge of the Family Division]
[F19Senior Judge of the Court of Protection,]
[F6Senior Master of the Queen’s Bench Division]
Senior Presiding Judge for England and Wales
Taxing Master of the [F20Senior Courts]
F21...
Vice-president of the Court of Appeal
[F22Vice-president of the Court of Protection.]
Vice-president of the Queen’s Bench Division.

[F23(2A)The Lord Chancellor may by order—

(a)alter the name of a relevant office;

(b)provide for or alter the way in which a relevant office is to be styled.

(2B)In subsection (2A) “a relevant office” is a sitting in retirement office under section 123 of the Public Service Pensions and Judicial Offices Act 2022 for which the corresponding original office is listed in Part 1 of Schedule 3 to that Act.]

(3)The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section [F2491(1)] of the 1981 Act are to be styled.

[F25(3A)The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]

(4)Before making an order under this section the Lord Chancellor must consult—

F26(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Master of the Rolls,

[F27(ba)the President of the Queen's Bench Division,

(c)the President of the Family Division, and

(d)the Chancellor of the High Court.]

(5)An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) [F28, (2A)] or (3).

(6)The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.

[F29(7)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 this section.]

Textual Amendments

F4Words in s. 64(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 89(2)(i); S.I. 2013/1725, art. 2(g)

F5Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(i); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F6Words in s. 64(2) inserted (20.2.2019) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 2(3)(a), 4(2)

F7Words in s. 64(2) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007, (c. 39), ss. 56, 148, {Sch. 11 para. 14}

F8Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(ii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F9Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(iv); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F10Words in s. 64(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(v); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F12Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(vii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F13Words in s. 64(2) inserted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 10(b)

F14Words in s. 64(2) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 47(3)(a), Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)