Commentary on Sections Schedule 13: Judicial appointments Part 6 – Appointment of judge to exercise functions of a Head of Division in case of incapacity or a vacancy etc.
394.Paragraphs 83 to 88 provide for the Lord Chief Justice, with the concurrence of the Lord Chancellor, to temporarily appoint a judge of the Senior Courts to exercise relevant functions of a Head of Division where that Head of Division is incapable of exercising those functions or the office is vacant. Paragraph 84 provides that the appointment must be in writing, specify the functions that may be exercised by the appointed judge and must set out the duration of the appointment. Paragraph 85 defines “Head of Division”. These are the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court. Paragraph 86 defines “relevant functions” and paragraph 87 provides that the Lord Chancellor may amend by order the list of relevant functions in paragraph 86. Paragraph 88 amends section 10 of the Senior Courts Act 1981 by inserting a new subsection (6A) which has the effect that where a Head of Division is incapacitated, that office is to be treated as vacant for the purpose of section 10(6).