Courts Act 2003

[F1 67B Authorisation to exercise relevant judicial functions E+W

(1) Rules of court may provide for the exercise of relevant judicial functions by persons who—

(a) are appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and

(b) satisfy any requirements specified in the rules as to qualifications or experience.

(2) A person may exercise functions by virtue of subsection (1) only if authorised to do so by the Lord Chief Justice.

(3) Such a person is referred to in this Part as an “authorised person”.

(4) An authorisation under subsection (2)—

(a) may be subject to conditions, and

(b) may be varied or revoked by the Lord Chief Justice at any time.

(5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

(6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

(a) the Lord Chief Justice, or

(b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

(7) Nothing in this Part is to be taken to affect the generality of any enactment conferring powers to make rules of court.]

Textual Amendments

F1 Pt. 6A inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 32; S.I. 2020/24, regs. 2(b)(iii), 3(b)