Lord Chief Justice’s Statutory Delegations: April 2020

Cross JurisdictionalLord Burnett of MaldonLord Chief JusticePractice Guidance

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The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions.

Section 109(4) of the 2005 Act defines a judicial office holder as either a senior judge or holder of an office listed in schedule 14 to that Act. A senior judge, as defined by s109(5) of the 2005 Act refers to the following: the Master of the Rolls; President of the Queen’s Bench Division; President of the Family Division; Chancellor of the High Court; Senior President of Tribunals; Lord or Lady Justice of Appeal; or a puisne judge of the High Court.

Only the nominated judicial office holder to whom a function is delegated may exercise it. Exercise of the delegated functions cannot be sub-delegated. The nominated judicial office holder may however seek the advice and support of others in the exercise of the delegated functions.

Where delegations are referred to as being delegated prospectively, the delegation takes effect when the substantive statutory provision enters into force.

The schedule, which is Issue 1 of 2020, replaces Issue 1 of 2018. The authorisation of court staff delegations take effect as of 7 April 2020.