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
”
.