44(1)This paragraph applies if on the commencement date—
(a)a person’s name is on the supplemental list, and
(b)the person is aged between 70 and 75.
(2)The Lord Chancellor may, with the concurrence of the Lord Chief Justice, direct that the person’s name be removed from the supplemental list for a period specified in the direction (“the temporary period”).
(3)A direction under sub-paragraph (2) may be made only if—
(a)the person has applied for their name to be removed, and
(b)the Lord Chancellor is satisfied that the direction is expedient as a temporary measure in order to facilitate the disposal of business in the magistrates’ courts or the family court.
(4)The temporary period must end no later than the day on which the person attains the age of 75.
(5)Subject to that, the Lord Chancellor may, with the concurrence of the Lord Chief Justice, amend a direction under sub-paragraph (2) to extend the temporary period, if the Lord Chancellor is satisfied that the extension of the period would be expedient as a temporary measure in order to facilitate the disposal of business in the magistrates’ courts or the family court.
(6)The power in sub-paragraph (2) may be exercised more than once.
(7)Where the person’s name was entered on the supplemental list as a result of section 13(4) or (5) of the Courts Act 2003, section 14(2) of that Act does not apply to the removal of the person’s name from the list.
(8)A person’s name that, as a result of sub-paragraph (2), is not in the supplemental list must be entered in the list at the end of the temporary period.
(9)The Lord Chief Justice may nominate a judicial office holder as defined in section 109(4) of the Constitutional Reform Act 2005 to exercise functions of the Lord Chief Justice under this paragraph.
(10)In this paragraph—
(a)“the commencement date” means the date on which the amendments made by paragraph 33 come into force;
(b)“the supplemental list” has the meaning given by section 12 of the Courts Act 2003 (and references to entry in and removal from the supplemental list are to be construed accordingly).
Commencement Information
I1Sch. 1 para. 44 in force at Royal Assent, see s. 131(1)(4)(a)(ii)