The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/130

2018 No. 130

Judges

The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018

Made 31th January 2018

Laid before Parliament 1st February 2018

Coming into force 26th February 2018

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 64 of the Courts Act 20031.

In accordance with section 64(3A) of that Act this Order is made with the concurrence of the Lord Chief Justice.

The Lord Chancellor has consulted in accordance with section 64(4) of that Act.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 and comes into force on 26th February 2018.

S-2 Alteration of judicial titles

Alteration of judicial titles

2.—(1) The name of the office of “Registrar in Bankruptcy of the High Court” is changed to “Insolvency and Companies Court Judge”.

(2) A person appointed to act as a deputy or as a temporary additional officer for a person holding the office referred to in paragraph (1) is to be styled as a “Deputy Insolvency and Companies Court Judge”.

S-3 Amendments consequential on article 2

Amendments consequential on article 2

3. The Schedule, which makes provision in consequence of article 2, has effect.

David Gauke

Lord Chancellor

31st January 2018

Ian Duncan Burnett

Lord Chief Justice

22nd January 2018

SCHEDULE

Article 3

Consequential Amendments

1 Amendments to Primary Legislation

PART 1

Amendments to Primary Legislation

SCH-1.4

4. In the Courts Act 19712, in the list in Part 1A of Schedule 2 (certain office-holders eligible for appointment as circuit judges), for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”.

SCH-1.5

5. In the Judicial Pensions Act 19813, in the list in paragraph 1 of Schedule 1 (pensions of certain judicial office holders), for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”.

SCH-1.6

6. In the Senior Courts Act 19814

(a) in the table in section 89(3C) (masters and registrars), in the right hand column, for “Registrar in bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”, and

(b) in Schedule 2 (list of offices in Senior Courts for purposes of Part 4), in the table in Part 2, for “Registrar in Bankruptcy of the High Court” in the left hand column substitute “Insolvency and Companies Court Judge”.

SCH-1.7

7. In the following provisions of the Insolvency Act 19865, for “a registrar in bankruptcy of the High Court” substitute “an insolvency and companies court judge”—

(a) section 375(2) (appeals etc from courts exercising insolvency jurisdiction);

(b) section 413(3)(c) (insolvency rules committee);

(c) paragraph 2 of Schedule 9 (provisions capable of inclusion in individual insolvency rules).

SCH-1.8

8. In the following provisions of the Courts and Legal Services Act 19906, for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”—

(a) section 76(1)(d) (judicial oaths);

(b) the list in Schedule 11 (judges etc. barred from legal practice).

SCH-1.9

9. In the following provisions of the Judicial Pensions and Retirement Act 19937, for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”—

(a) the list in Part 2 of Schedule 1 (qualifying office: judges);

(b) the list in Schedule 5 (retirement provisions: the relevant office) in both places where it occurs;

(c) paragraph 5(5)(i)(d) of Schedule 7 (retirement dates: transitional provisions).

SCH-1.10

10. In the Courts Act 2003, in the list in section 64(2) (power to alter judicial titles)—

(a) omit the entry “Registrar in Bankruptcy of the High Court”, and

(b) after the entry “Head of Family Justice” insert the entry “Insolvency and Companies Court Judge”.

SCH-1.11

11. In the Constitutional Reform Act 20058, in Table 2 of Part 1 of Schedule 14 (the Judicial Appointments Commission: Relevant Offices and Enactments) for “Registrar in Bankruptcy of the High Court” substitute “Insolvency and Companies Court Judge”.

1 Amendments to Secondary Legislation

PART 1

Amendments to Secondary Legislation

SCH-1.12

12.—(1) In the following provisions, for “a Registrar in Bankruptcy of the High Court” substitute “an Insolvency and Companies Court Judge” —

(a)

(a) the definition of “Registrar of the Court” in rule 3 (interpretation) of the Deeds of Arrangement Rules 19259;

(b)

(b) rule 10.2(3)(a) (“the court”; “the registrar”) of the Railway Administration Order Rules 200110;

(c)

(c) rule 177(3)(a) (“the court”; “the registrar”) of the Energy Administration Rules 200511;

(d)

(d) paragraph 1(3)(a) of Schedule 2 (procedural matters in England and Wales) to the Cross-Border Insolvency Regulations 200612;

(e)

(e) rule 116(3)(b) (“the court”; “the registrar”) of the PPP Administration Order Rules 200713;

(f)

(f) the definition of “the registrar” in rule 3(1) (definitions and interpretation) of the Water Industry (Special Administration) Rules 200914;

(g)

(g) rule 329(3) (“the court”; “the registrar”) of the Investment Bank Special Administration (England and Wales) Rules 201115;

(h)

(h) rule 205(3)(a) (“the court”; “the registrar”) of the Postal Administration Rules 201316;

(i)

(i) rule 202(3) (“the court”; “the registrar”) of the Energy Supply Company Administration Rules 201317.

SCH-1.13

13. In the Public Service Pensions Act 2013 (Judicial Offices) Order 201518, in the list in the Schedule (specified judicial offices)—

(a) omit the entry “Registrar or Deputy Registrar in Bankruptcy of the High Court”, and

(b) after the entry “High Court Judge (Northern Ireland) (Sitting in retirement)” insert the entry “Insolvency and Companies Court Judge or Deputy Insolvency and Companies Court Judge”.

SCH-1.14

14. In the Insolvency (England and Wales) Rules 201619

(a) in the following provisions, for “a Registrar in Bankruptcy of the High Court” substitute “an Insolvency and Companies Court Judge”—

(i) the definitions of “judge” and...

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