Section 98 Judges’ clerks and secretaries.

England and Wales

(1)

A clerk and a secretary shall be attached to each of the following judges of the F1Senior Courts, namely the Lord Chief Justice, the Master of the Rolls, F2the President of the Queen's Bench Division, the President of the Family Division and the F3President of the Business and Property Division.

(2)

A clerk shall be attached to each of the following judges of the Senior Courts, namely the Lords Justices of Appeal and the puisne judges of the High Court.

(3)

Any clerk or secretary attached as mentioned in subsection (1) or (2)—

(a)

shall be appointed by the Lord Chancellor; and

(b)

if not already employed in the civil service of the State shall be deemed for all purposes to be so employed.

(4)

If at any time it appears to any of the judges mentioned in subsection (1) desirable that there should be attached to him a legal secretary (that is to say a secretary with legal qualifications) in addition to the secretary provided for by that subsection, he may, with the concurrence of the Lord Chancellor, appoint a F4person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) as his legal secretary.

(5)

An appointment under subsection (4) may be on either a full-time or a part-time basis; and a person appointed by a judge as his legal secretary shall, except as regards remuneration, hold and vacate that office in accordance with such terms as the judge may, with the concurrence of the Lord Chancellor, determine when making the appointment.

(6)

A person appointed under subsection (4)—

(a)

shall not be treated as employed in the civil service of the State by reason only of that appointment; and

(b)

if the Lord Chancellor so determines in his case, shall be paid out of money provided by Parliament such remuneration as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

Annotations

Textual amendments

F1: Words in s. 98 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. 98(1) substituted (1.10.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 14(2); S.I. 2005/2505, art. 2(c)
F3: Words in s. 98(1) 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(2)(g)
F4: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 47

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)