Background Part 2: Courts and Justice Section 21: Deployment of the judiciary
31.The deployment of the judiciary is a function referred to in the CRA and the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”). Section 7 of the CRA includes in the list of the Lord Chief Justice’s responsibilities as President of the Courts of England and Wales, the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales. Part 2 of Schedule 4 to the 2007 Act provides that the Senior President of Tribunals has the function of assigning judges and other members to the chambers of the First-tier Tribunal and Upper Tribunal.
32.The establishment of Her Majesty’s Courts and Tribunals Service (“HMCTS”) on 1 April 2011 was designed to provide the Ministry of Justice with the opportunity to manage its resources more flexibly according to changing pressures and demands. However, the Lord Chief Justice and Senior President of Tribunals lack the ability to share judicial resource in order to respond to changes in demands. Section 21 introduces Schedule 14 which makes amendments that will enable the Lord Chief Justice to deploy judges more flexibly across different courts and tribunals of equivalent or lower status.