Courts Act 2016

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Amendment of paragraph 18 of Eighth Schedule to Courts (Supplemental Provisions) Act 1961

6. Paragraph 18 (inserted by the Civil Law (Miscellaneous Provisions) Act 2011 ) of the Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended—

(a) in subparagraph (6)(a), by the substitution, for “clauses (b) and (c)”, of “clauses (b) and (c) and subparagraphs (7) to (9) ”,

(b) in subparagraph (6)(c), by the insertion, after “shall”, of “, subject to subparagraphs (7) to (9),”, and

(c) by the insertion, after subparagraph (6), of the following:

“(7) If, in the opinion of the Minister, the making of the determination next mentioned in this subparagraph is appropriate, the term of office of a person who has been appointed to be a Taxing-Master may be extended by such period, not exceeding 3 years from the date of expiry of that term, as the Minister decides and specifies in a determination made by him or her for the purpose of this subparagraph.

(8) In addition to its being exercisable before the term of office of the person concerned has expired, the power under subparagraph (7) to make a determination under that subparagraph may be exercised in relation to the term of office of a person referred to therein which has expired if the following conditions are fulfilled—

(a) before that expiry, the Minister has communicated, in writing, to the person concerned the Minister’s desire in general terms that the person continue to serve as a Taxing-Master, and

(b) the Minister is satisfied that had subparagraph (7) been enacted before that expiry the Minister would have exercised, before that expiry, the power under that subparagraph to make a determination thereunder in relation to the term of office of that person,

and such a determination that is made after the expiry of the person’s term of office is referred to in subparagraph (9) as a ‘post-expiry determination’.

(9) A post-expiry determination shall have retrospective effect, that is to say it shall operate to continue the person concerned in office as a Taxing-Master (for the period specified in the determination) from the date of expiry of his or her original term of office, and anything done by the person on or from that expiry and before the making of the post- expiry determination shall be as good and effectual as it would have been had the determination been made before the expiry of the person’s original term of office.”.