Section 68 Exercise of High Court jurisdiction otherwise than by judges of that court.

Provision may be made by rules of court as to the cases in which jurisdiction of the High Court may be exercised by—

Without prejudice to the generality of subsection (1), rules of court may in particular—

Rules of court shall not authorise the exercise of powers of attachment and committal by F6a special referee or any officer or other staff of the court.

Subject to subsection (5), the decision of

may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the Court of Appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers.

Rules of court may provide either generally or to a limited extent for decisions of F9persons nominated under subsection (1)(a) being called in question only by appeal on a question of law.

The cases in which jurisdiction of the High Court may be exercised by persons nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among F10persons so nominated shall be determined in accordance with directions given F11by the Lord Chief Justice after consulting the Lord Chancellor.

Any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a F12person nominated under subsection (1)(a).

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).