Civil Liability and Courts Act 2004

Amendment of section 27 of Court Officers Act 1926.

43

43.Section 27 of the Court Officers Act 1926 is amended by the substitution of the following subsections for subsections (1) and (2):

“(1) In the event of the temporary absence or the temporary incapacity through illness of any Taxing-Master or in the event of the office of any Taxing-Master being vacant the Courts Service may appoint a deputy to execute the office of such Taxing-Master during such absence, incapacity or vacancy.

(1A) In any of the following cases, namely—

( a) the temporary absence or the temporary incapacity through illness of the Master of the High Court,

( b) the office of the Master of the High Court being vacant, or

( c) any other case in which the Courts Service considers it desirable that the following power be exercised,

the Courts Service may appoint one or more than one deputy to execute the office of the Master of the High Court or, as the case may be, to execute such office concurrently with the Master of the High Court.

(2) A deputy appointed under this section shall while his appointment continues have and exercise all the powers and authorities and shall perform and fulfil all the duties and functions of the officer whose deputy he is—

( a) in a case falling within subsection (1) or subsection (1A)( a) or ( b) of this section, in place of their being exercised, performed and fulfilled by that officer, and

( b) in a case falling within paragraph ( c) of subsection (1A), concurrently with their being exercised, performed and fulfilled by that officer.”.