Section 24 Deputy District Judges (Magistrates' Courts)

England and Wales

(1)

The F1Lord Chief Justice may appoint a person who F2satisfies the judicial-appointment eligibility condition on a 5-year basis to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (4)).

(2)

A Deputy District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.

(3)

The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may determine.

(4)

F3A person may be removed from office as a Deputy District Judge (Magistrates' Courts)—

(a)

only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

(b)

only on—

(i)

the ground of inability or misbehaviour, or

(ii)

a ground specified in the person's terms of appointment.

(4A)

Subject to subsection (4B), the period of a person's appointment under this section (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

(4B)

Extension under subsection (4A)—

(a)

requires the person's agreement,

(b)

is to be for such period as the Lord Chancellor considers appropriate, and

(c)

may be refused on—

(i)

the ground of inability or misbehaviour, or

(ii)

a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

(4C)

Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a Deputy District Judge (Magistrates' Courts) in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

(4D)

The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (4)(a).

(5)

During the period of his appointment, a Deputy District Judge (Magistrates' Courts)—

(a)

is to act as a District Judge (Magistrates' Courts), and

(b)

is to be treated for all purposes (apart from appointment, tenure, remuneration, allowances and pensions) as if he were a District Judge (Magistrates' Courts).

Annotations

Textual amendments

F1: Words in s. 24(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 38(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F2: Words in s. 24(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007, (c. 15), ss. 50, 148, {Sch. 10 para. 38(3)}; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)
F3: S. 24(4)-(4D) substituted for s. 24(4) (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 38(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)