SCHEDULES

SCHEDULE 14Deployment of the judiciary

Part 3Deployment of judges to the Court of Protection

I15

1

Section 46 of the Mental Capacity Act 2005 (judges of the Court of Protection) is amended as follows.

2

In subsection (2) (persons who may be nominated as court's judges) omit the “or” at the end of paragraph (d) and, after paragraph (e), insert

,

f

a District Judge (Magistrates' Courts),

g

a judge of the First-tier Tribunal, or of the Upper Tribunal, by virtue of appointment under paragraph 1(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007,

h

a transferred-in judge of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act),

i

a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

j

the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal,

k

the Judge Advocate General,

l

a Recorder,

m

the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc),

n

a holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc),

o

a deputy district judge appointed under section 102 of that Act or under section 8 of the County Courts Act 1984,

p

a member of a panel of Employment Judges established for England and Wales or for Scotland,

q

a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

r

a deputy judge of the High Court,

s

the Senior President of Tribunals,

t

an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

u

the President of the Queen's Bench Division,

v

the Master of the Rolls, or

w

the Lord Chief Justice.

3

In subsection (2)(b) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

4

In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be appointed senior judge of the court) for “or (e)” substitute “ to (q) ”.

5

In section 4(5)(f) of the Human Rights Act 1998 (things done by certain judges in Court of Protection) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.