Civil Law (Miscellaneous Provisions) Act 2011

43.

Appointment of Taxing-Masters.

43.— (1) The Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended by the substitution of the following for paragraph 8:

“8. The Taxing-Masters’ Office shall be under the management of such Taxing-Master as the Government may designate, and there shall be transacted in that Office the business of the Taxing-Masters other than such business as is required by law to be transacted by a Taxing-Master in person.”.

(2) The Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended by the substitution of the following for paragraph 18:

“18. (1) No person shall be appointed to be a Taxing-Master unless at the time of his or her appointment that person—

( a) has practised as a solicitor for a period of not less than 10 years,

( b) has practised as a barrister for a period of not less than 10 years, or

( c) has practised as a legal costs accountant for a period of not less than 10 years.

(2) In subparagraph (1), legal costs accountant means a person who has regularly participated in the preparation and presentation of bills of costs of solicitors for taxation and has regularly attended before a Taxing-Master on the taxation of such bills of costs.

(3) In computing the periods referred to in subparagraph (1)—

( a) in the case of a solicitor, periods during which that person has practised as a barrister or a legal costs accountant may be aggregated with that person’s practice as a solicitor,

( b) in the case of a barrister, periods during which that person has practised as a solicitor or a legal costs accountant may be aggregated with that person’s practice as a barrister,

( c) in the case of a legal costs accountant, periods during which that person has practised as a solicitor or barrister may be aggregated with that person’s practice as a legal costs accountant.

(4) In applying subparagraph (3) no period of time may, as respects any person, be counted more than once.

(5) A person appointed to be a Taxing-Master shall be appointed by the Government on the nomination of the Minister.

(6) Notwithstanding any other enactment, a person appointed pursuant to this paragraph—

( a) shall, subject to clauses ( b) and ( c), hold office for a period not exceeding 5 years,

( b) shall be required to retire on attaining the age of 70 years,

( c) shall not be eligible for re-appointment or to have the term of appointment extended.”.

(3) Subsection (2) applies only as respects the appointment of a Taxing-Master made after the coming into operation of this section.