Definitions.

1. In this Schedule—

“district” means a district court district;

“district justice” means a justice of the District Court, but does not include a temporary district justice;

“temporary district justice” means a person appointed under section 51 of the Act of 1936, as applied by section 48 of this Act to act as a district justice.

Permanent assignment of district justices to districts.

2. (1) (a) Where a person is appointed a district justice, then, subject to clause (b) of this subparagraph, the Government, if they think fit, may, upon such appointment, assign him permanently to a particular district.

F115[(b) Where, at the time of the appointment of a person to be a judge of the District Court, there are 34 judges of the District Court not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district.]

(2) Where a district justice is not upon appointment permanently assigned to a particular district, the Government may at any time assign him permanently to a particular district.

(3) A district justice who is permanently assigned to a particular district may, with his consent, be transferred by the Minister to another district and, if he is so transferred, he shall upon such transfer become and be permanently assigned to such other district in lieu of being permanently assigned to such first-mentioned district.

(4) (a) Where a district justice is permanently assigned to a particular district, the Government, at his request, may, if they think fit, terminate his permanent assignment to that district.

(b) Where the permanent assignment of a district justice is terminated under clause (a) of this subparagraph, the Government may at any time thereafter assign him permanently to a particular district.

F116[(5) A person who is to be appointed, or who is appointed, a district judge who wishes to express an interest in being assigned by the Government under subparagraph (1), (2) or (4), or in being transferred by the Minister under subparagraph (3), as the case may be, to a particular district, may forward an expression of such interest to the President of the District Court.

(6) The President of the District Court shall forward any expression of interest received by him or her under subparagraph (5) to the Government or the Minister as appropriate.

(7) An expression of interest referred to in subparagraph (5) shall not be forwarded by the person expressing the interest, or by any person on his or her behalf, to any person other than the President of the District Court.]

Temporary assignment to districts of district justices and temporary district justices.

F117[3.—(1) A judge of the District Court who is permanently assigned to a particular district may, with his or her consent, from time to time be F118[temporarily assigned by the President of the District Court to another district or districts], but such temporary assignment shall be without prejudice to the exercise and performance by him or her of the privileges, powers and duties for the time being conferred or imposed on him or her by law in relation to the district to which he or she is permanently assigned.

(2) A judge of the District Court who is not for the time being permanently assigned to a district may from time to time be F118[assigned by the President of the District Court to any district or districts].

F119[(2A) Without prejudice to subparagraph (2), the President of the District Court may, in relation to any district, temporarily assign for a period not exceeding 6 months one or more district judges (whether or not any such judge is permanently or temporarily assigned to another district or districts) to exercise, in relation to that district, the powers specified in subparagraph (2B).

(2B) A district judge who is temporarily assigned to any district under subparagraph (2A) may exercise any of the powers of a district judge to which section 32A applies for the time being conferred on him or her by law whether he or she is in or outside that district.]

(3) A temporary judge of the District Court may from time to time be F118[temporarily assigned by the President of the District Court to any district or districts].]

(4) Where a person is temporarily assigned to a district under subparagraph (1), (2) or (3) of this paragraph—

(a) in case there is for the time being a district justice permanently assigned to that district—he shall, in relation to that district have, while so temporarily assigned, concurrently with that district justice, all the privileges, powers and duties for the time being conferred or imposed by law on that district justice,

(b) in any other case—he shall, in relation to that district have, while so temporarily assigned, all such privileges, powers and duties as would for the time being be conferred or imposed by law if he were a district justice permanently assigned to that district.

F119[(4A) Where a district judge is temporarily assigned to any district under subparagraph (2A)—

(a) in case there is for the time being a district judge permanently assigned to that district - he or she shall, in relation to that district, have, while so temporarily assigned, concurrently with that district judge, all the powers of a district judge to which section 32A applies for the time being conferred on that district judge who is so permanently assigned,

(b) in any other case - he or she shall, in relation to that district, have, while so temporarily assigned, all such powers of a district judge to which section 32A applies as would for the time being be conferred by law if he or she were a district judge permanently assigned to that district.]

(5) The Minister may at any time terminate a temporary assignment made under this paragraph.

F116[(6) A district judge who wishes to express an interest in a temporary assignment under any of the preceding subparagraphs to a particular district may forward an expression of such interest to the President of the District Court.

(7) An expression of interest referred to in subparagraph (6) shall not be forwarded by the district judge concerned, or by any person on his or her behalf, to any person other than the President of the District Court.]

District justice acting in certain cases for another district justice who is permanently assigned to a district.

4. (1) Wherever it appears to the President of the District Court, on the representation of a justice of the District Court permanently assigned to a particular district, that such justice cannot properly deal with any matter before him by reason of the fact that he has a personal interest therein or such personal knowledge of the facts or of the parties as might prejudice the trial of that matter, the President of the District Court may nominate another justice of the District Court, who so consents, to hear and determine that matter in that district and, if the President does so, then that matter may be heard and determined accordingly.

(2) In the case of illness or absence of the district justice permanently assigned to a district (in this subparagraph referred to as the first justice), another district justice may, with the consent of the Minister (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law in relation to the district to which he is permanently assigned) exercise and perform during such illness or absence, the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.

(3) Where a district justice permanently assigned to a particular district (in this subparagraph referred to as the first justice) requests another district justice (in this subparagraph referred to as the second justice) to act for him during a specified period (not exceeding seven days) the second justice may (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law on him in relation to the district to which he is permanently assigned) exercise and perform during that period the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.