3

A person may exercise functions by virtue of this paragraph only if authorised to do so by the Senior President of Tribunals.

4

An authorisation under this paragraph—

a

may be subject to conditions, and

b

may be varied or revoked by the Senior President of Tribunals at any time.

5

The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals' functions under the preceding provisions of this paragraph—

a

a judicial office holder;

b

a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of this Act.

6

A person to whom functions of the Senior President of Tribunals are delegated under sub-paragraph (5)(b) is not subject to the direction of any person other than—

a

the Senior President of Tribunals, or

b

a judicial office holder nominated by the Senior President of Tribunals,

when exercising the functions.

7

Subsections (3) to (5) of section 8 apply to—

a

a delegation under sub-paragraph (5), and

b

a nomination under sub-paragraph (6),

as they apply to a delegation under subsection (1) of that section.

8

In this paragraph—

• “function” does not include—

  1. a

     any function so far as its exercise involves authorising a person's committal to prison or arrest;

  2. b

     any function of granting an injunction;

• “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.