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Change 1
As published
68 Exercise of High Court jurisdiction otherwise than by judges of that court.
(1) Provision may be made by rules of court as to the cases in which jurisdiction of the High Court may be exercised by—
(a) such Circuit judges, deputy Circuit judges or Recorders as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to deal with official referees’ business; or
(b) special referees; or
(c) masters, registrars, district registrars or other officers of the court.
(2) Without prejudice to the generality of subsection (1), rules of court may in particular—
(a) authorise the whole of any cause or matter, or any question or issue therein, to be tried before any such person as is mentioned in that subsection; or
(b) authorise any question arising in any cause or matter to be referred to a special referee for inquiry and report.
(3) Rules of court shall not authorise the exercise of powers of attachment and committal by a special referee or any officer or other staff of the court.
(4) Subject to subsection (5), the decision of
(a) any such person as is mentioned in subsection (1) or
(b) any officer or other staff of the court
may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the Court of Appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers.
(5) Rules of court may provide either generally or to a limited extent for decisions of persons nominated under subsection (1)(a) being called in question only by appeal on a question of law.
(6) The cases in which jurisdiction of the High Court may be exercised by persons nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among persons so nominated shall be determined in accordance with directions given by the Lord Chief Justice after consulting the Lord Chancellor.
(7) Any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a person nominated under subsection (1)(a).
(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).
Your change, as a redline
68 Exercise of High Court jurisdiction otherwise than by judges of that court.
(1) Provision may be made by rules of court as to the cases in which jurisdiction of the High Court may be exercised by—
(a) such Circuit judges, deputy Circuit judges or Recorders as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to deal with official referees’ business; or
(b) special referees; or
(c) masters, registrars, district registrars or other officers of the court.
(2) Without prejudice to the generality of subsection (1), rules of court may in particular—
(a) authorise the whole of any cause or matter, or any question or issue therein, to be tried before any such person as is mentioned in that subsection; or
(b) authorise any question arising in any cause or matter to be referred to a special referee for inquiry and report.
(3) Rules of court shall not authorise the exercise of powers of attachment and committal by a special referee or any officer or other staff of the court.
(4) Subject to subsection (5), the decision of
(a) any such person as is mentioned in subsection (1) or
(b) any officer or other staff of the court
may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the Court of Appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers.
(5) Rules of court may provide either generally or to a limited extent for decisions of persons nominated under subsection (1)(a) being called in question only by appeal on a question of law.
(6) The cases in which jurisdiction of the High Court may be exercised by persons nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among persons so nominated shall be determined in accordance with directions given by the Lord Chief Justice after consulting the Lord Chancellor.
(7) Any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a person nominated under subsection (1)(a).
(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).
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