Policing, Security and Community Safety Act 2024

SCHEDULE 6

Appointment as Independent Examiner of Person Holding Judicial Office

Section 233 (8)

Supreme Court judge or former Supreme Court judge appointed as Independent Examiner

1. (1) Where a person appointed as the Independent Examiner is, when so appointed, an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Independent Examiner is a former Chief Justice of the Supreme Court, the proviso to section 14(1)(a) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former Chief Justice who is appointed to be a Commissioner (within the meaning of that Act).

Court of Appeal judge or former President of the Court of Appeal appointed as Independent Examiner

2. (1) Where a person appointed as the Independent Examiner is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Independent Examiner is a former President of the Court of Appeal, the proviso to section 14(1)(aa) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Independent Examiner is, when so appointed, the President of the Court of Appeal, he or she may, for so long as he or she continues to be the Independent Examiner, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D of the Courts (Supplemental Provisions) Act 1961 .

High Court judge or President or former President of High Court appointed as Independent Examiner

3. (1) Where a person appointed as the Independent Examiner is, when so appointed, the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) Where a person appointed as the Independent Examiner is a former President of the High Court, the proviso to section 14(1)(b) of the Act of 1975 shall apply to him or her in respect of his or her appointment as the Independent Examiner to the like extent as it applies to a former President of the High Court who is appointed to be a Commissioner (within the meaning of that Act).

(3) Where a person appointed as the Independent Examiner is, when so appointed, the President of the High Court, he or she may, for so long as he or she continues to be the Independent Examiner, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10 (5) of the Courts (Supplemental Provisions) Act 1961 .