Court of Appeal Act 2014

Amendment of section 18 of Courts Act 1981

33. Section 18 of the Courts Act 1981 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) If, during any period, the Chief Justice is unable owing to illness or for any other reason to transact the business of his or her office or the office of Chief Justice is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him or her by virtue of his or her office, other than the power of determination specified in section 7(4) (amended by section 44 of the Court Of Appeal Act 2014) of the Courts (Supplemental Provisions) Act 1961 , shall be exercised or performed by—

(i) the President of the Court of Appeal, or

(ii) if the President of the Court of Appeal is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of the President of the Court of Appeal, by the President of the High Court, or

(iii) if the President of the High Court is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of the President of the High Court, by the senior ordinary judge of the Supreme Court who is for the time being available.”,

and

(b) by the insertion of the following subsection after subsection (1):

“(1A) If, during any period, the President of the Court of Appeal is unable owing to illness or for any other reason to transact the business of his or her office or the office of the President of the Court of Appeal is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him or her by virtue of his or her office, other than those conferred on him or her by subsection (1)(a), shall be exercised or performed by the President of the High Court or, if the President of the High Court is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of the President of the High Court, by the senior ordinary judge of the Court of Appeal who is for the time being available.”.