Courts Act 2016

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Further amendment of Eighth Schedule to Courts (Supplemental Provisions) Act 1961

7. The Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended by the insertion, after paragraph 18, of the following—

“18A. (1) In this paragraph—

(a) ‘particular Taxing-Master’ means the particular Taxing-Master to whom the matter referred to in subparagraph (2) has been assigned for the purpose of the functions there referred to being performed in relation to it;

(b) ‘principal Taxing-Master’ means the Taxing-Master who has been designated by the Government under paragraph 8; and

(c) a reference to the particular Taxing-Master not being available, due to whatever cause, to perform one or more, or any, functions includes a reference to his or her not being so available in consequence of his or her having vacated office.

(2) Where the functions of a Taxing-Master fall to be performed in relation to a particular matter and the case is either a case—

(a) in which none of those functions has been performed in relation to the matter by the particular Taxing-Master, or

(b) in which the particular Taxing-Master has performed one or more, but not all, of those functions in relation to the matter,

then those functions, or such of those functions as remain to be performed, in relation to the matter may be performed by another Taxing-Master if, due to whatever cause, the particular Taxing-Master is not available to perform those functions (or such of them as remain to be performed), but this is subject to subparagraph (3).

(3) Where the particular Taxing-Master had commenced, but had not completed, a hearing in relation to the matter concerned, the other Taxing-Master referred to in subparagraph (2) shall conduct a complete re-hearing in relation to the matter unless the parties to the matter consent in writing to the first-mentioned hearing being resumed by him or her at the appropriate juncture (that is to say the stage at which that hearing was at before the occurrence of the circumstances which gave rise to subparagraph (2) ’s application).

(4) In any case falling within subparagraph (2), the jurisdiction and powers conferred on a Taxing-Master by or under this Act, or any other enactment, to give or make a ruling, direction or decision in circumstances generally (namely circumstances where the non- availability of the Taxing-Master, as mentioned in that subparagraph, does not arise) shall be exercisable in relation to the matter concerned by the other Taxing-Master mentioned in that subparagraph.

(5) Where—

(a) any question arises as to whether particular circumstances that have occurred are circumstances that fall within subparagraph (2), or

(b) it appears to the principal Taxing-Master that such a question may have arisen,

each of the following is exercisable by the principal Taxing-Master, namely the power—

(i) to determine the question,

(ii) in the case of clause (b), to determine, as a preliminary matter, whether the question actually arises and, if the determination is that it does so arise, to determine it, and

(iii) in consequence of any determination made under either of the preceding subclauses, to give such directions as he or she thinks appropriate.

(6) This paragraph is without prejudice to the general law concerning the procedure to be adopted in a case in which a function falling to be performed by a person has not, on the occasion of his or her vacating office, been fully performed but, to the extent that a preceding subparagraph requires or enables a particular procedure to be adopted that is different from that which would be required to be adopted (in the circumstances concerned) by the general law, the preceding subparagraph concerned shall prevail (or, as the case may be, the particular procedure that it enables to be adopted may be adopted).”.