Legal background Authorised court and tribunal staff: legal advice and judicial functions
Section 2(1) of the CA 2003 and section 40(1) of the TCEA 2007 govern the appointment of HMCTS staff (for courts and tribunals respectively).
	Currently, HMCTS staff can be authorised to carry out judicial functions in different ways in different jurisdictions, largely through rules of court or tribunal procedure rules made under primary legislation.
	Sections 27-29 and 31-35 of the CA 2003 concern the appointment and status of, and protections in relation to, justices’ clerks and assistant clerks, as well as their functions in the magistrates’ court (section 144 of the Magistrates Courts Act 1980 makes provision in relation to non-criminal matters). Justices’ clerks’ functions in the Family Court are dealt with in section 31O of the Matrimonial and Family Proceedings Act 1984. Paragraph 2 of Schedule 1 to the Civil Procedure Act 1997 gives a power for Civil Procedure Rules to make provision for staff to exercise the jurisdiction of civil courts (county court, High Court and Court of Appeal). Section 51(2) of the Mental Capacity Act 2005 gives a power for Court of Protection Rules to make provision for staff to exercise the jurisdiction of the Court of Protection. Paragraph 3 of Schedule 5 to the TCEA 2007 gives a power for Tribunal Procedure Rules to delegate functions to tribunal staff.