Section 89 Masters and registrars.

England and Wales

(1)

The power to make appointments to the offices in the F1Senior Courts listed in column 1 of Parts II and III of Schedule 2 shall be exercisable by F2Her Majesty.

F3(1A)

The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury.

(2)

The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office F4and Registrar of criminal appeals shall, by virtue of his appointment, be a master of the Queen’s Bench Division.

F5(3)

Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).

(3A)

A person may be appointed to a senior office only if—

(a)

he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or

(b)

he does not hold the qualifying office but could be appointed to it in compliance with section 88.

(3B)

Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.

(3C)

This is the table referred to in subsections (3) and (3A)—

Senior office	Qualifying office
Senior Master of the Queen's Bench Division	Master of the Queen's Bench Division
F6Chief Master of the Business and Property Division	Master of the Business and Property Division
Chief Taxing Master	Taxing master of the Senior Courts
F7Chief Insolvency and Companies Court Judge	F8Insolvency and Companies Court Judge
Senior District Judge of the Family Division	Registrar of the Principal Registry of the Family Division

(4)

The person appointed Senior Master F9of the Queen's Bench Division shall hold and perform the duties of the offices of the Queen’s Remembrancer and registrar of judgments.

F105)—(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(7A)

A person appointed under subsection (1) is to be paid such salary F12and such allowances, and a person appointed to a senior office is to be paid such additional salary and such allowances, as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(7B)

A salary payable under or by virtue of this section—

(a)

may in any case be increased, but

(b)

may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

by a determination or further determination under this section.

(8)

Salaries F13and allowances payable under or by virtue of this section shall be paid out of money provided by Parliament.

Annotations

Textual amendments

F1: Words in s. 89 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)
F2: Words in s. 89(1) substituted (3.4.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
F3: S. 89(1A) inserted (3.4.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
F4: Words inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 37
F5: S. 89(3)-(3C) substituted (3.4.2006) for s. 89(3) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(4); S.I. 2006/1014, art. 2(a), Sch. 11 para. 9
F6: Words in s. 89(3C) table substituted (1.10.2026) by The Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026 (S.I. 2026/723), art. 1(2), Sch. 1 para. 12(3)
F7: Words in s. 89(3C) table substituted (20.2.2019) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 2(1), 4(2)
F8: Words in s. 89(3C) table substituted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 6(a)
F9: Words in s. 89(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 33; S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)
F10: S. 89(5)(6)(7) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
F11: S. 89(7A)(7B) inserted (3.4.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 14, 148, Sch. 3 para. 3(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9
F12: Words in s. 89(7A) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 9(2)
F13: Words in s. 89(8) inserted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 9(3)

Notes on the whole Act

Textual amendments

F1: Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
F2: Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

Notes on Appointment of certain officers of Senior Courts

Textual amendments

F1: Words in s. 88 cross-heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)