Part 6 Appointment of Judge to Exercise Functions of a Head of Division in Case of Incapacity or a Vacancy etc

Part 6 Appointment of Judge to Exercise Functions of a Head of Division in Case of Incapacity or a Vacancy etc

83

Where a Head of Division is incapable of exercising relevant functions, or the office of a Head of Division is vacant, the Lord Chief Justice may, with the concurrence of the Lord Chancellor, appoint a judge of the Senior Courts to exercise relevant functions of the Head of Division.

84

An appointment under paragraph 83—

(a)     must be in writing,

(b)     must specify the functions that may be exercised by the appointed judge, and

(c)     must set out the duration of the appointment.

85

In paragraph 83—

“Head of Division†means—

(a)     the Master of the Rolls,

(b)     the President of the Queen's Bench Division,

(c)     the President of the Family Division, or

(d)     the Chancellor of the High Court;

“the Lord Chief Justice†means the Lord Chief Justice of England and Wales;

“the Senior Courts†means the Senior Courts of England and Wales.

86

In this Part of this Schedule “relevant functions†means functions under any of the following—

section 5 of the Public Notaries Act 1843

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