Cj memo - WhatDoTheyKnow



[pic]

CIRCUIT JUDGES

Memorandum on conditions of appointment

and terms of service

This Memorandum has been prepared for the information of persons who are offered appointment as Circuit Judges

Part I outlines the conditions which must be satisfied before appointment;

Part II sets out the general terms and conditions of service of a Circuit Judge; and

Part III sets out the current arrangements for travelling, subsistence and other allowances.

The Memorandum states the position as at December 2009.

Ministry of Justice

CONTENTS

|Part 1: Conditions of Appointment |Paragraph |

|Appointment |2 |

|Pre-appointment checks |3 |

|Official correspondence |4 |

|Announcement of appointment |5 |

|Residence |6 |

|Waiver of right to receive Statutory Instruments etc |7 |

|Income Tax |8 |

|Value Added Tax |9 |

|Professional Indemnity Insurance |10 |

| |

| |

|Part II : General Terms and Conditions of Service |

|Role of the Lord Chief Justice |12 |

|Prohibition on practice |14 |

|Costs of taking up appointment |15 |

|Tenure and removal from office |16 |

|Sitting in retirement |18 |

|Salary |19 |

|Income Tax (PAYE) |20 |

|Allowances which may be set against income for tax purposes |21 |

|National Insurance |22 |

|Pension terms |24 |

|Salary Sacrifice |32 |

|Part-time Appointments |33 |

|Sitting days, other judicial business and holidays |34 |

|Reasonable adjustments |38 |

|Sickness |39 |

|Maternity, Paternity & Adoption Leave |40 |

|Special Paid Leave |41 |

|Accumulated leave |43 |

|Career Breaks |44 |

|HMCS Organisation |47 |

|Senior Judicial Officers |48 |

|Training, Judicial Studies Conferences etc |50 |

|Judicial Conduct |52 |

|Relations with the press, radio and television |53 |

|Conviction for criminal offences and other matters relating to conduct |54 |

|Personal Conduct |55 |

|Involvement in legal proceedings |57 |

|Proceedings arising out of non-judicial activity |58 |

|Proceedings arising out of judicial activity |59 |

|Representation |60 |

|Witness Summons |61 |

|Outside activities and interests |

|General Principles |62 |

|Financial interests |64 |

|Non-commercial directorships |65 |

|Charitable activities |66 |

|Political or other activities |67 |

|Termination of professional and business contracts |68 |

|Membership of local Law Societies |70 |

|Lecturing, participation in conferences etc |71 |

|Writing books and articles |73 |

|Misuse of office, etc |75 |

|Parliamentary Committees |76 |

|Complaints |77 |

|Judicial Grievances |79 |

|Requests for research facilities |80 |

|Security |83 |

|Further Information |86 |

| |

| |

|Part III : Allowances and other Provisions |

|Court Dress |87 |

|Legal books and publications |89 |

|Official stationery |91 |

|Official telephone calls from private residences |93 |

|Eye Tests |95 |

|Travelling and Subsistence Allowances |96 |

|Rates of allowance |98 |

|Travel by private car |99 |

|The standard rates of mileage allowance |103 |

|Liability to tax |104 |

|Insurance of motor vehicles used on Crown business |106 |

|Reimbursement of parking fees and certain other charges |110 |

|Travel by public transport |112 |

|Air travel |114 |

|Night subsistence allowances |115 |

|Hotel Booking Agency |118 |

|Overnight stays other than in hotels |122 |

|Accommodation in Judges’ Lodgings |124 |

|Day subsistence allowance |128 |

|Application of the rules on travelling and subsistence allowances to newly-appointed Judges |131 |

|Special arrangements for attendance during a transport emergency |132 |

|Miscellaneous travelling and other expenses |134 |

|Cathedral and church services |135 |

|Abbey Service and Lord Chancellor’s Breakfast |136 |

|Royal Garden Parties |137 |

|Meetings of the Council of Circuit Judges and its special committees |138 |

|Other Committees of Inquiry, Commissions etc | 139 |

|Visits to Prisons, Youth Custody and Detention Centres etc |140 |

|Liaison Judges |141 |

|Invitations to address Magistrates’ Associations |142 |

|Entertainment |143 |

|Expenses claims |144 |

|Transfer to another location |146 |

|Further information |149 |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

|ANNEXES | |

|ANNEX A Notes issued for the guidance of members of the judiciary on participation in research projects | |

|ANNEX B List of members of the Motor Conference | |

|ANNEX C Insurance undertaking | |

PART I

CONDITIONS OF APPOINTMENT

1. A person who has been offered appointment as a Circuit Judge must satisfy the following conditions before the appointment can be made.

Appointment

2. Circuit Judges are appointed by the Crown on the recommendation of the Lord Chancellor. The statutory qualifications for appointment are:

Under s16(3) of the Courts Act 1971, as amended by Schedule 10 of the Courts and

Legal Services Act 1990, ss50-52 and Schedule 10 of the Tribunals Courts and

Enforcement Act (TCE) 2007, no person shall be qualified to be appointed a Circuit

Judge unless he or she:

(a) satisfies the judicial-appointment eligibility condition on a 7-year basis;

(b) is a Recorder; or

(c) has held as a full-time appointment for at least 3 years in one of the offices listed in Part IA of Schedule 2, Courts Act 1971.

The Tribunals Courts and Enforcement Act 2007 has introduced the ‘judicial appointment eligibility condition’. Where this applies, eligibility for judicial office is no longer based on possession of rights of audience for a specified period. You have to show that:

• you have possessed a relevant legal qualification;

• for the requisite period; and

• that whilst holding that qualification you have been gaining legal experience.

Pre- Appointment checks

3. The offer of appointment is conditional on the outcome of health, financial and other checks, which are undertaken by the Judicial Appointments Commission. An individual may be required to undergo a medical examination.

Official correspondence

4. It would be helpful if the candidate could confirm that his/her names are as given in his/her application, provide a note of any decorations which he/she may have, and give the address which he/she would like to have recorded for official use (this will normally be used for official correspondence, circulars to members of the judiciary, and material of that sort).

Announcement of appointment

5. An offer of appointment to the Circuit Bench is strictly confidential subject to disclosure in confidence to the person’s family, doctor, partners, Head of Chambers or clerk and accountant, and no announcement of it will normally be made to the media until the date on which the new judge is sworn in by the Lord Chief Justice. If, for exceptional reasons, a person wishes an 'early' announcement to be made, this can be arranged. Under no circumstances can an announcement be made, however, until The Queen has signed the Warrant of Appointment. If and when an appointment has been publicly announced, it is an established convention that the person should not appear as an advocate in court after that date.

Residence

6. An offer of appointment is conditional on the Lord Chancellor being satisfied that a person will reside, when he/she has taken up his/her appointment, in a place which is reasonably convenient of access to the courts at which he/she will sit. Where a judge has been appointed to the office of Circuit Judge after 1 April 2006, no request for a transfer to another location will normally be entertained until the judge has served 5 years in the location to which he/she was appointed.

Waiver of right to receive Statutory Instruments etc.

7. By virtue of a long-standing Resolution of the House of Commons, all Circuit Judges are entitled to receive a copy of each Act of Parliament and Commencement Order through the Promulgation List. However, in recent times this has led to judges receiving a considerable amount of material which they neither need nor want. Accordingly, a scheme has been drawn up, in consultation with the Council of Circuit Judges, under which judges are encouraged to waive their right to be supplied from the Promulgation List and instead to receive only those items which have been selected by judges nominated by the Council. This should ensure that judges receive only material which is relevant to their work. Once a candidate accepts the Lord Chancellor’s offer, therefore, he/she will be invited to complete and return a form showing whether he/she consents to waiving this right. Of course, it remains possible for judges to obtain the additional Acts or Statutory Instruments they require via the Departmental intranet or the internet.

It would also be helpful if the following matters could be dealt with before the arrangements for the appointment are completed.

Income tax

8. It is important that, before a member of the Bar or solicitor decides to accept an offer of appointment to the Circuit Bench, he/she should carefully discuss the tax implications in confidence with his/her accountant or other tax adviser, so that he/she may be entirely clear about the effect of the appointment on his/her tax position. The General Council of the Bar produce guidance on the subject in their publication “The Taxation and Retirement Benefits Handbook”. The Handbook explains the income tax consequences which apply when a barrister ceases to practise on assuming salaried judicial office, and is available via the Bar Council’s web site (.uk). The relevant arrangements are extremely complex and it is important that each individual checks his/her own personal tax position in the light of the up to date legal provisions. There is no equivalent guidance for solicitors because the position in each individual case may vary greatly, but the same point applies.

Value Added Tax

9. HM Revenue & Customs have produced Notice 700/44 Barristers and Advocates (June 2007) which explains that Department's requirements and the options available to barristers to defer VAT on outstanding fees whilst de-registering for VAT purposes. The notice can be downloaded from customs..uk

Professional Indemnity Insurance

10. Professional indemnity insurance through the Bar Mutual Indemnity Fund operates on a "claims made" basis, i.e. the cover relates to the date on which the claim is made, and not to the date of the alleged act of negligence; and cover comes to an end when the barrister leaves the Bar. To protect himself/herself and his/her dependants, a judge is accordingly strongly urged on appointment to obtain cessation cover against any claims that may be made against him/her after his/her appointment in relation to his/her earlier professional practice at the Bar, by contacting the Bar Mutual Indemnity Fund.

11. The Law Society Professional Indemnity Section have advised the Department that for solicitors who retired from practice before 1st September 2000 with no successor practice (as defined in the minimum terms and conditions appended to the Solicitors Indemnity Insurance Rules) the Solicitors' Indemnity Fund continues to provide indemnity cover and a judicial office holder should not require further insurance in respect of claims which may arise in relation to his/her previous practice as a solicitor. For solicitors who retire on or after 1st September 2000, The Law Society advise that “solicitors who retire on or after 1st September 2000 will be provided with cover by the relevant qualifying insurer and may be liable to pay an excess. Where the solicitor retired without a successor practice the relevant qualifying insurer will be that on cover immediately prior to the retirement. Where there is a successor practice then the relevant qualifying insurer is the one on cover for the successor practice. In circumstances where practices cease with no successor practice qualifying insurers are required to provide run-off cover for a period of 6 years. Arrangements have been put in place for run-off cover for ceased practices after the expiry of the six year period which provides post six year run-off cover under the current indemnity insurance scheme for a period of ten years one month from 1 September 2007 to 30 September 2017. There will be no extra premium levied for this further cover.” Solicitors should ensure that they understand how they will stand if claims are made in respect of their practice after they have been appointed to judicial office.

PART II

GENERAL TERMS AND CONDITIONS OF SERVICE

Role of the Lord Chief Justice

12. The Lord Chief Justice, as President of the Courts of England and Wales and the Head of the Judiciary, has responsibility for a number of issues including the allocation of work within the courts, the deployment of judges, their well being and training and the provision of general advice and direction. The Heads of Division, the Senior Presiding Judge and, on each Circuit, Presiding Judges, Family Division Liaison Judges, Supervising Chancery Judges, and Resident and Designated Civil and Family Judges, are appointed to assist the Lord Chief Justice in discharging these duties. They are supported by HMCS staff, and in particular by the judicial secretariats in each Regional Office. On occasion the Lord Chief Justice (either personally or through the delegated authority given to the Judges appointed to the posts mentioned above) may issue instructions and guidance on such matters within his remit, as he considers appropriate.

13. Thus, Judges are expected:

a. to comply with any guidance or instructions issued by or on behalf of the Lord Chief Justice;

b. to co-operate with the administrative directions of the Judges appointed to posts mentioned in the above paragraph;

c. to undertake other judicial duties such as assisting other judges when lists run short, sitting at other courts, undertaking liaison duties with Justices of the Peace or serving on public bodies;

d. to assist the Senior Judiciary, and the Resident and Designated Civil and Family Judges to ensure, with the help of the HMCS staff, the efficient management of the courts.

Prohibition on practice

14. A Circuit Judge shall not practise as a barrister or solicitor or be indirectly concerned in any such practice (s.75, Courts and Legal Services Act 1990). All Circuit Judges should avoid involvement in any case where, prior to appointment, they were involved as advisers to or advocates for a party in the case. The involvement of the judiciary in outside activities, including the termination of professional and business contacts, is dealt with at paragraph 62 onwards

Costs of taking up appointment

15. No assistance is available from public funds towards any costs incurred (e.g. through a move of house) for a person's relocation on appointment as a Circuit Judge direct from practice. However, certain assistance may be available to a serving salaried judicial office holder promoted to the Circuit Bench. Details are available on request at the time of appointment.

Tenure and removal from office

16. A Circuit Judge is required to vacate his/her office on the day on which he/she attains the age of 70[1], save that, where the Lord Chief Justice considers it desirable in the public interest, he/she may, with the concurrence of the Lord Chancellor, extend or re-extend the judge's service for a period not exceeding one year at a time and not extending beyond the date on which the judge attains the age of 75. (Judicial Pensions and Retirement Act 1993, s.26). It is open to a Circuit Judge to tender his/her resignation from office at any time. The lengthiest possible notice of retirement or resignation would assist the Presiding Judges and HMCS in planning for replacements, and enable the timely calculation of the pension award to take place. This would generally require no less than three months’ notice.

17. A Circuit Judge may be removed from office by the Lord Chancellor, with the concurrence of the Lord Chief Justice, on grounds of incapacity or misbehaviour (Courts Act 1971, s.17(4)). Such decisions are taken in accordance with the procedures contained in the Judicial Discipline (Prescribed Procedures) Regulations 2006.

Sitting in retirement

18. The Lord Chancellor (with the concurrence of the Lord Chief Justice) approves a pool of retired judges authorised to sit as Deputy Circuit Judges. Any judge approved in this way would be eligible to sit as a Deputy Circuit Judge for a maximum period of two years from the date of their retirement from salaried office or until the date on which the judge attains the age of 75, whichever is the sooner.

Salary

19. The salary of a Circuit Judge is paid out of the Consolidated Fund. The current level of salary is set out in the letter containing the Lord Chancellor’s offer of appointment. Details about the arrangements for the payment of salary will be sent to the judge shortly before he/she takes up appointment. Judicial office holders who sit on a part-time basis will receive a salary proportionate to their sitting level.

Income tax (PAYE)

20. Income tax, which is payable under Schedule E, is deducted at source from the salary of a Circuit Judge, in accordance with PAYE arrangements.

Allowances which may be set against income for tax purposes

21. Expenses which, as practitioners, Circuit Judges were able to set against income for tax purposes may no longer qualify for tax relief. The Ministry of Justice understands that HM Revenue & Customs, in these cases, relies on the presence, in three places in section 336(1) of the Income Tax (Earnings & Pensions) Act 2003, of the word “necessarily”. Such claims are therefore entirely a matter for negotiation between the Inspector of Taxes and the individual judge exercising his/her legal rights under the 2003 Act. The Revenue will consider claims for actual expenses necessarily and exclusively incurred in the performance of judicial functions for maintenance of robes, library and use of study at home. The Honorary Secretary of the Council of HM Circuit Judges will be able to provide some information about the items of expenditure which usually are allowed to be set against income tax.

National Insurance

22. A Circuit Judge is classed as an 'employed earner' within the meaning of s.2 of the Social Security Contributions and Benefits Act 1992 and is accordingly liable to pay class 1 national insurance contributions, which are deducted from salary together with income tax. Since the judicial pension scheme, under the Judicial Pensions and Retirement Act 1993, has been contracted-out of the State Earnings-Related Pension Scheme, contributions are payable at the contracted-out rate. Liability for national insurance contributions ceases automatically when a judge reaches state retirement age even if service continues thereafter.

23. Liability to pay national insurance contributions depends not on whether services are rendered, but on whether earnings are paid. As a result, it continues during illness. (Sick leave is dealt with at paragraph 39).

Pension terms

24. The Judicial Pensions and Retirement Act 1993 established a unified judicial pension scheme. This scheme is an Employer Financed Retirement Benefits Scheme (EFRBS) and is non-registered for tax purposes. The scheme applies to all those appointed on a salaried basis on or after the date on which the Act came into force (31st March 1995) to one or more of the qualifying judicial offices specified in Schedule 1 to the Act. Although membership of the judicial pension scheme is automatic on appointment, it is not compulsory and a judge may opt out.

25. The basic arrangements can be summarised as follows:

A holder of qualifying judicial office is entitled to an immediate pension on retirement:

at or after the age of 65, provided 5 years' service[2] have been completed;

at any time for reasons of ill-health (at an enhanced rate if, at retirement, the office-holder has not attained the age of 65).

26. An office-holder who, having completed at least 5 years' service, retires on or after the day on which he/she attains the age of 60, but before attaining the age of 65, is entitled to an immediate pension at the appropriate annual rate actuarially reduced.

27. The pension is calculated on the basis of one-fortieth of pensionable pay which is, in general terms, the salary actually paid to an office-holder in the last twelve months of service ending on the date of retirement, multiplied by the aggregate length of service in qualifying judicial office. In addition, a taxable lump sum equal to 2.25 times the amount of the pension is payable. A further lump sum, or ‘service award’ is also payable.

28. There is a spouse's pension at the rate of one-half of the personal pension accruing or in payment at the time of death. There is also provision for a death benefit equal to twice the amount of pensionable pay in the event of death in office and for surviving civil partner and children's pensions. Personal and dependants' pensions already in payment are subject to annual increases under the Pensions (Increase) Act 1971.

29. Contributions towards the cost of spouses' and children's pensions are compulsory for both married and unmarried office-holders and take the form of monthly payments of 1.8% of pension-capped salary. Contributions are payable from the date of appointment until retirement or the completion of 20 years' service, whichever is earlier. Regulations provide for the partial or total refund of contributions to office-holders who are unmarried, are not in civil partnerships and have no dependent children at retirement.

30. Regulations made under the 1993 Act have also created facilities for members of the judicial pension scheme to make additional voluntary contributions (AVCs).

31. A detailed guidance note and information on individual questions can be obtained by contacting the Judicial Pay & Pensions Branch, Judicial Appointments & HR Division, Ministry of Justice 3rd Floor Zone 3.42, 102 Petty France London SW1H, 9AJ, tel.020 3334 3478, 020 3334 3483 or 020 3334 3486.

Salary Sacrifice

32. Salary sacrifice entails a judicial office holder giving up the right to receive part of his or her salary in return for childcare vouchers to the same value. The vouchers are then used to meet some (or all) of the individual’s private childcare costs. As the salary/fee sacrifice takes place before tax and National Insurance contributions are deducted, there will be a saving on tax and N.I. liabilities. The extent of that saving is dependent on the amount of the salary sacrifice. As a rule of thumb, an individual taking a salary/fee sacrifice of £55 per week will achieve an annual saving on tax and N.I. of approximately £1195 (for a higher rate tax payer). A detailed guidance note and information on individual questions can be obtained from the judicial intranet or from Judicial Appointments & HR.

Part-Time Appointments

33. It may be possible for a judicial office holder, on appointment or thereafter, to sit on a salaried part-time basis, subject to operational needs. A salaried part-time judicial office holder is subject to the same terms and conditions as a full-time judicial office holder. For example, s/he is required to give up legal practice on appointment and is subject to the same requirements concerning conduct. A salaried part-time judicial office holder is also entitled to the same benefits as the full-time judiciary such as a pension and paid leave (albeit calculated on a pro-rata basis) and sick leave. Further information in the form of Judicial Part Time Working: A Practical Guide is available from HMCS judicial liaison officers, the Judicial Office and Judicial Appointments & Human Resources Division.

Sittings days, other judicial business and holidays

34. The Lord Chancellor and Lord Chief Justice consider it essential, in particular because of the burden of work on the courts and tribunals, for Circuit Judges to devote at least 210 days in each year, and perhaps more, to the business of the courts. In addition to eight public holidays each calendar year, the courts are closed on the afternoon of Maundy Thursday, for a day for the Queen’s birthday (usually the Tuesday following the Spring Bank Holiday), and for one day in addition to the public holidays at Christmas.

35. In order to ensure that 210 sitting days can be achieved, notwithstanding any hearings which might be cancelled, the Lord Chancellor and Lord Chief Justice thus expect that the initial plan for any year’s work will provide for judges to devote between 215 and 220 days to judicial business. Account will be taken of any extraordinary sittings which take place at weekends or public holidays and of reading-days arranged for the preparation of lengthy and difficult cases.

36. Plans for Circuit Judges’ sittings are drawn up by HMCS staff for the Presiding Judges’ approval. Circuit Judges may also be required to assist the Presiding Judges in the disposal of urgent business, for example under the Domestic Violence and Matrimonial Proceedings Act 1976, over a weekend or on a public holiday.

37. Should a Circuit Judge wish to change the planned itinerary, or to make arrangements for holidays or non-judicial commitments, he/she is asked to indicate the dates on which they are not available to sit sufficiently far in advance to enable the Presiding Judges and HMCS staff to make other arrangements for the disposal of court business.

Reasonable adjustments

38. A range of reasonable adjustments to working practices and equipment may be available for judicial office holders who have or acquire an impairment or long-term medical condition amounting to a disability. The nature of the adjustments and whether they are reasonable will be specific to an individual office holder. No judicial office-holder will be asked to fund reasonable adjustments from his or her personal resources.

Sickness

39. No adjustment in a Circuit Judge’s salary is made during any absence by reason of sickness. Although nothing is laid down in statute, no limit is placed on the length of any absence, provided there is a reasonable prospect of an eventual return to duty. When a judge has been on extended absence, the Lord Chief Justice may seek a medical opinion of his/her overall health to enable him/her to establish whether the judge's health will be damaged by the return to duty, and whether he/she will be able to provide full and effective service. In the interests of the efficient disposal of court business, judges should notify the Judicial Secretariat and Resident or appropriate Designated Judge promptly if they are absent by reason of sickness. All Circuit Judges are required to undergo an in-service medical examination if requested to do so by the Lord Chief Justice.

Maternity, Paternity and Adoption Leave

40. Arrangements for maternity leave, maternity pay, adoption leave and adoption pay are made by analogy with those applicable to staff in the Department. Two weeks paternity leave on full salary is available for the secondary carer irrespective of sex and it applies to both new born and adopted children. In addition, parental leave entitles the office holder to 13 weeks additional but unpaid leave for the period up to the child's 5th birthday. If the child is disabled, 18 weeks are available for the period up to their 18th birthday. The entitlement applies to each child. These benefits apply irrespective of whether the office holder sits on a full or part-time basis, subject to him/her meeting the qualifying thresholds. Further information is available from HMCS judicial liaison officers, the Judicial Office or Judicial Appointments & HR Division.

Special Paid Leave

41. It is recognised that there is a need and desirability for members of the judiciary to be able to use a reasonable amount of their ‘annual leave’ for normal holiday purposes and that it is thus undesirable for judges to have to use leave for unavoidable absences. Short periods of additional special leave with pay may therefore be granted, primarily to enable judges to cope with a short-term domestic crisis and to allow sufficient time, where necessary, for longer-term arrangements to be made. Up to 7 days special leave may be allowed on the death of a near relative or, in the case of some other relative, in special circumstances where, for example, the judge is responsible for making the funeral arrangements. In the case of illness of a near relative, up to 3 days (exceptionally 5 days) may be allowed where it is necessary for the judge to be in attendance or, at short notice, to assume responsibility for the care of a seriously ill or infirm relative who cannot be left alone, or for the care of a young family when a parent is suddenly taken ill.

42. Authorisation for special leave with pay, under this paragraph, may only be given by the relevant senior judge. Judicial office holders should inform HMCS staff of authorised special leave to enable suitable arrangements to be made for the disposal of judicial business during their absence. Absences for the observance of religious holidays should be taken as part of the ordinary ‘annual leave’ entitlement.

Accumulated leave

43. A Circuit Judge who has undertaken the required number of sitting days in each year (see paragraph 34 above) may elect to sit up to a maximum of 10 additional days per year for each of 3 years to enable him/her to apply for accumulated additional leave of up to 6 weeks in the fourth, or a subsequent, year. A judge who wishes to take advantage of these arrangements should apply to the Presiding Judge, who will consult the Regional Director. Any period of accumulated leave must, of course, be agreed well in advance to enable the necessary cover arrangements to be planned.

Career Breaks

44. A career break will, if approved, generally be granted for a minimum of three months and a maximum period of three years, although alternative periods may be accommodated. Office holders will normally have held salaried office for two years before they become eligible for a career break. Career breaks are unpaid and do not count towards reckonable service for pension purposes.

45. The decision whether a career break can be accommodated will be decided locally by the senior judicial and administrative officers. Proper consideration will be given to the request, and where possible it will be accommodated, but this is always subject to its having no material adverse impact on the business needs of the courts or the service to users.

46. A career break is not a substitute for sick leave. Judicial office holders who require, for example, post-operative care should not use, or be encouraged to use, career breaks as an alternative to the proper use of sick leave. For those seeking a variation in their sitting pattern which is of a defined but permanent nature (for instance, not sitting in school vacations), salaried part-time working is likely to be a more appropriate proposition. Detailed guidance in the form of Judicial Career Breaks - A Practical Guide is available from judicial liaison officers and Judicial Appointments & HR Division.

HMCS Organisation

47. Information about the organisation of HMCS in the Circuit to which a Judge is assigned will be provided by the Regional Director.

Senior Judicial Officers

48. Where a Circuit Judge has any problem relating to the effective management of his or her itinerary or the management of court business, which he/she cannot resolve with the Area Director or Regional Director, he/she should consult one of the Presiding Judges or the Family Division Liaison Judge or Supervising Chancery Judge for his/her Circuit, as appropriate.

49. The High Court Judges who act as Family Division Liaison Judges and Supervising Chancery Judges have responsibilities in relation to those respective jurisdictions within Regions. At a more local level the Circuit Judges who act as Crown Court Resident Judges and Designated Civil and Family Judges also have supervisory and administrative functions in relation to judicial business and are available to provide advice as appropriate.

Training, Judicial Studies Conferences, etc

50. The Lord Chief Justice expects all members of the Circuit Bench from time to time to attend conferences and courses organised by or on behalf of the Judicial Studies Board on subjects relevant to the work they do. The Lord Chancellor and the Lord Chief Justice consider that these conferences and courses are of considerable value not only for newly appointed judges but also for those who have been in office for some time. Circuit Judges are also expected to attend the annual conferences organised by the Presiding Judges in each Region to discuss sentencing and other matters.

51. If a Circuit Judge has been invited, or wishes, to attend a domestic conference or seminar he/she should approach his/her Regional Director, who will determine (in consultation with the Presiding Judges) whether his/her absence can be accommodated and/or if financial assistance is available. Advice on attendance at an international conference or seminar should be sought from the Judicial Office team supporting the Judge in Charge of International Relations (JICIR) on 020 7073 1612/1618.

JUDICIAL CONDUCT

52. The requirements for Judicial Conduct set out in paragraphs 53 to 76 below are supplemented by the Judges' Council's 'Guide to Judicial Conduct', which offers assistance to the judiciary when considering issues of conduct. A copy can be obtained from .uk/about_judiciary/conduct_and_appeals

Relations with the press, radio and television

53. Guidance on relations with the media will be provided by the Judicial Communications Office (JCO). The JCO provides communications support to judicial office holders in England and Wales (including salaried and fee paid judges, tribunal members and magistrates). This includes advice on media issues such as mis-reporting and requests for interviews; as well as an external judicial website, an intranet and a newsletter for the judiciary. The JCO is based in the Royal Courts of Justice, is accountable to the Lord Chief Justice and is independent of any Government press office. The JCO's media team is available on 020 7073 4852, fax 020 7947 6544 or e-mail xxxxx.xxxxxxxxx@xxxxxxxxx.xxx.xxx.xx. The out of hours pager number is 07659 550652. The Judicial Intranet can be accessed by visiting . The public website with information on the judiciary in England and Wales is available at .uk.

Conviction for criminal offences and other matters relating to conduct

54. Where a judge is cautioned for or charged with any criminal offence, other than a parking or speeding offence without aggravating circumstances, he/she must report the matter at once to the Lord Chief Justice and keep him/her informed of the progress and outcome of the case. Failure to do so could itself in some cases amount prima facie to misbehaviour. Convictions for some offences, including some motoring matters, need not necessarily be regarded as being incompatible with continuing to sit. However, if a judge were convicted of a grave offence, for instance one involving violence to persons, dishonesty or moral turpitude, the Lord Chancellor and Lord Chief Justice would regard themselves as having cause to consider the exercise of their powers to remove the judge from office on the grounds of misbehaviour. The Lord Chancellor and Lord Chief Justice regard a conviction for an offence of driving while under the influence of alcohol or drugs as so grave as to amount, prima facie, to misbehaviour.

Personal Conduct

55. The Lord Chancellor and Lord Chief Justice believe that the public must be entitled to expect all judges to maintain at all times proper standards of courtesy and consideration. Behaviour which could cause offence, particularly on racial or religious grounds, or amounting to sexual harassment, is not consistent with the standards expected of those who hold judicial office. A substantiated complaint of conduct of this kind, whether or not previous complaints have also been made, is in the Lord Chancellor’s and Lord Chief Justice’s view, capable of being regarded as misbehaviour. A judge must also notify the Lord Chief Justice if he/she gets into serious financial difficulties, particularly if legal proceedings appear likely to be, or have actually been, initiated.

56. The Lord Chancellor and Lord Chief Justice also consider it appropriate that if any judge is aware of matters relating to conduct which may affect his/her position, or which reflect on the reputation and standing of the judiciary at large, he/she will advise them at the earliest opportunity. The Lord Chancellor and Lord Chief Justice will, in that event, have full regard to any observations which the judge may wish to make on the matter. Indeed, while the Lord Chancellor and Lord Chief Justice believe that the public both deserves and expects the highest standards of conduct from those in judicial office, they will not consider the exercise of the powers vested in them in respect of judicial conduct without serious cause and the most careful deliberation.

Involvement in legal proceedings

57. There may, for obvious reasons, be difficulty with a judicial office holder becoming involved in legal proceedings, either in his/her private capacity or in the event of such proceedings (outside the normal processes of appeal or judicial review) arising in some way from the performance of his/her judicial functions. As regards proceedings in a purely private capacity, the Lord Chancellor and the Lord Chief Justice are concerned that the normal legal rights of the judicial office holder as a private citizen should not be unduly prejudiced. However, a judicial office holder may think it appropriate to seek advice from the Judicial Office and/or his/her senior judicial officer, etc. before himself/herself initiating any such proceedings. He/she may also wish to consider whether to seek advice from these same sources before initiating any proceedings arising as a consequence of his/her judicial functions.

58. Proceedings arising out of non-judicial activity. If a judicial office holder is involved in legal proceedings arising from his/her professional activity prior to appointment, or from any other cause, the senior judicial officer and the Judicial Office should be informed but there will be no provision available for legal representation or to meet legal costs.

59. Proceedings arising out of judicial activity. Where a judicial office holder is the defendant, or otherwise the subject of actual or prospective proceedings arising from his/her judicial functions, different procedures apply according to the nature of the proceedings.

Judicial Review. When a judicial office holder is made a respondent to a Judicial Review application he/she must inform the senior judicial officer concerned, or his/her nominee for the purpose of dealing with Judicial Review applications.

Other proceedings. When a judicial office holder is made a defendant or respondent to other proceedings the senior judicial officer and the Judicial Office must always be informed.

60. Representation. The Lord Chancellor and the Lord Chief Justice will only consider instructing the Treasury Solicitor on behalf of a judge where satisfied that it would be appropriate to do so having regard to all the relevant circumstances. The Treasury Solicitor will only accept instructions from the Department’s legal advisers and they will only provide instructions if the necessary resources can be made available. A Circuit Judge should always approach the Judicial Office in the first instance if he/she wishes to be represented by the Treasury Solicitor and should not in any circumstances approach Departmental Lawyers or the Treasury Solicitor directly for representation. It will not normally otherwise be possible to meet legal costs incurred by the judge.

61. Witness summons. The question sometimes arises whether a judge should appear as a witness in legal proceedings, arising in some way from his/her judicial duties or e.g. from activity in which he/she was engaged prior to his/her appointment to the Bench. It is hoped that such involvement can be avoided so far as possible. Legal authority ((Warren-v-Warren) [1996] 4 AER 664) confirms however that no judge is compellable as a witness in relation to his/her judicial functions, but that all are competent; and that where a judge’s evidence is vital for the purpose of the proceedings, he/she should be able to be relied upon not to allow his/her lack of compellability to stop him/her from giving evidence. It is, however, difficult to give general guidance in this field; advice will always be given by Judicial Office if, and as, appropriate in a particular case.

Outside Activities and Interests

62. General Principles. Judges must ensure that while holding judicial office they conduct themselves in a manner consistent with the authority and standing of a judge. They must not, in any capacity, engage in any activity which might undermine, or be reasonably thought to undermine, their judicial independence or impartiality. If in any case any question of bias arises, judges should follow the guidance in the decided cases, including the Court of Appeal judgment in Locabail (UK) Ltd v Bayfield Properties Ltd and Another (2000) Q.B. 451. Judges may not undertake any other remunerated employment, nor receive or retain any fee or emolument in any circumstances save for royalties earned as an author. They may not undertake any task or engage in any activity which in any way limits their ability to discharge their judicial duties to the full. They should so conduct their private affairs as to minimise the possibility of conflict or embarrassment. If any doubt arises on the application of these principles, a judge should seek initial guidance from a senior judicial office holder or Head of Division, the Lord Chief Justice or his office.

63. The following paragraphs provide further guidance on types of interest or activity which are most likely to occur. The guidance is not designed to be exhaustive. If a judge has any doubt about his/her particular interests or the propriety of a particular undertaking, the Judicial Office or a senior judicial office holder will be ready to advise him/her.

64. Financial interests. There is normally no objection to a judge holding shares in commercial companies. However, there is a long-standing rule that no judge should hold a commercial directorship. This applies to a directorship in any organisation whose primary purpose is profit-related. It applies whether the directorship is in a public or a private company, and whether or not it is remunerated. Any person holding such a directorship is therefore expected to resign from it on appointment to judicial office.

The only exception to this rule is that a judge may take part in the management of family assets, including land or family businesses, and may hold a directorship in a private company for this purpose or in a company formed for the management of flats of which he/she is a tenant. However, caution should be exercised even where companies are solely owned by the judge and his/her family.

65. Non-commercial directorships. A judge may continue to hold directorships which relate to organisations whose primary purpose is not profit-related, and whose activities are of an uncontroversial character.

66. Charitable activities. If a judge is involved in charitable activities, including holding the directorship of a charity, he/she should be on his/her guard against circumstances arising which might be seen to cast doubt on his/her judicial impartiality or conflict with his/her judicial office.

67. Political or other activities. A judge must expect to forgo any kind of political activity and also any other activity which could make undue demands on his/her time. He/she should be on his/her guard against circumstances arising in which his/her involvement in any outside activity might be seen to cast doubt on his/her judicial impartiality or conflict with his/her judicial office. A judge is also expected to submit his/her resignation to the Lord Chancellor in the event of nomination or adoption as a prospective candidate for election to Parliament, or to the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly or the European Parliament.

68. Termination of professional and business contacts. A judge is expected to terminate all professional and business contacts with his/her former partners and clients and to sever professional connections with his/her former chambers or firm on taking up judicial office save to the extent that such contact is necessary for practical purposes such as the receipt of outstanding fees etc. A judge should also retire from the office of Trustee, where such an appointment arose from a professional or business relationship, if this is likely to be seen to cast doubt on his/her judicial impartiality or conflict with his/her judicial office. In addition, no judge while holding full time judicial office may maintain an office or make use of office facilities in the premises of the partnership, firm or chambers with which he/she was formerly connected and he/she should also bear in mind the need for discretion in the number and frequency of visits he/she makes there even where these are of a social or personal nature.

69. Appointments to judicial office are intended to be for the remainder of a person's professional life. Judges who accept appointment do so on the understanding that following the termination of their appointment they will not return to private practice as a barrister or a solicitor, and will not:

a) provide services, on whatever basis, as an advocate (whether by way of oral submissions or written submissions) in any court or tribunal in England and Wales;

b) in return for remuneration of any kind, offer or provide legal advice to any person.

For the avoidance of doubt, former judges may provide services as an independent arbitrator/mediator and may receive remuneration for lectures, talks or articles. In cases of any doubt, the advice of the Lord Chief Justice should be sought before undertaking any services.

70. Membership of local Law Societies. Where members of the judiciary are members of local Law Societies, the possibility can arise of embarrassment, or risk of criticism. These possibilities are the greater where they are active members or office-holders of the Society and plainly greater still in smaller towns and cities. Without therefore necessarily precluding a judge's membership of such a Society (particularly where it may be of long standing and have given rise to no difficulty), attention should be drawn to the risks. It is suggested that a judge should accept an invitation to join or continue only if on consideration he/she is quite satisfied that it would not lead to difficulties. In future when a judge joins a local Law Society, it should be on the understanding that he/she cannot take an active part in its functions. However, if a judge has taken and still does take an active part in a local Law Society, and no difficulties have arisen, he/she is not obliged to stand down and the matter is left to his/her discretion.

71. Lecturing, participation in conferences etc. There is in principle no objection to members of the judiciary speaking on technical legal matters, which are unlikely to be controversial, at lectures and conferences or seminars organised by the Bar or The Law Society, or by academic or other similar non-profit making organisations. Lectures and seminars which deal with matters of more general public interest may, however, raise wider issues of policy, sometimes not immediately apparent. Judges will therefore wish to be cautious about speaking at these. Depending on circumstances, it could also be inappropriate for a judge to accept an invitation to deliver a public lecture or participate in a conference or seminar run by a commercial undertaking.

72. It is regarded as inappropriate for a judge to receive a fee personally for giving a lecture. However, where a judge gives a lecture for a commercial undertaking there is no objection, if he/she considers that it would be appropriate, to his/her requesting that any fee otherwise payable be paid to a charity of his/her choice. To avoid any liability for tax, a judge should try to ensure that payment is made direct to the charity. Where this is not possible, e.g. accounting reasons, and the charity would otherwise lose out, a judge may accept the payment himself/herself, provided that he/she is prepared to pay the tax on that sum and make the payment directly to the charity himself/herself. There is no objection to a judge accepting reimbursement of the cost of any necessary travel and accommodation necessitated by attending a suitable lecture, conference or seminar.

73. Writing books and articles. It is a long-established tradition that the writing of books and articles, academic and technical works, and the editing of legal textbooks are not incompatible with holding judicial office and there is no objection to the acceptance of royalties or fees for doing so. Legal and technical books and articles do not normally give rise to difficulties but it may sometimes be advisable for a judge to avoid writing on a subject of wider or more general public interest.

74. However, the editorship of a commercial legal or technical journal is generally considered incompatible with judicial office, since this involves a regular commitment. Furthermore, journals provide platforms for opinions and, as such, they represent a potential source of avoidable conflict. Editorship of such journals should therefore normally be resigned on appointment; if an exception is sought, reference should be made to the Judicial Office.

75. Misuse of office, etc. A judge should avoid any action which involves, or may be seen as involving, the exploitation or misuse of his/her judicial position or title for private purposes, e.g. in connection with local planning issues. Members of the judiciary are reminded that the facilities provided at public expense including those for dispatch of correspondence and stationery are provided for use in carrying out official duties and are not intended for personal use/correspondence (see also paragraph 92 below).

76. Parliamentary Committees. Guidance for members of the judiciary who are invited to appear before, or give written evidence to, Parliamentary Committees is provided by the Judicial Communications Office.

Complaints

77. Complaints are received from time to time, from members of the public or others, about members of the judiciary. These complaints may relate either to a judicial decision or to the personal conduct of a judicial office holder and sometimes both. Any complaint which relates wholly or partly to the personal conduct of a judicial office holder will be dealt with by the Office for Judicial Complaints in accordance with the Judicial Discipline (Prescribed Procedures) Regulations 2006. A further category of complaint, basically relating to an aspect of court administration but incidentally referring to a judicial office holder, will normally be dealt with by the HM Court Service as an administrative matter, though the judicial office holder will be consulted first if that is considered necessary.

78. The constitutional principle of judicial independence precludes the Lord Chancellor, the Lord Chief Justice or any official from commenting on or attempting to interfere with judicial decisions. An individual complaining about a judicial decision will be advised to seek legal advice about whether they have the right of appeal. Further information is available from the Office for Judicial Complaints.

Judicial Grievances

79. A protocol has been established, setting out a process which may be followed if a judicial office holder has a complaint about another judicial office holder, which it has not been possible to resolve by normal methods. Details of the procedure can be obtained from the Judicial Office.

Requests for research facilities

80. From time to time judicial office holders receive requests for assistance with research into the judicial process or other aspects of court administration or procedure. Such approaches may include requests for access to court records, or private hearings, interviews with the judiciary or court staff, or special assistance in attending public hearings.

81. The present policy is that, to ensure that such requests are treated consistently, they should be referred to the Ministry of Justice’s Research Unit, 102 Petty France, London SW1H 9AJ. In considering such requests on behalf of the MoJ, the Research Unit will have regard to the likely value of the proposed research and the extent of the burden it might impose on the judiciary or on the court staff. Where such requests involve HMCS court or other staff in additional work, the request will also be considered by the HMCS Data Approval Panel. The Research Unit will wish to consider carefully all research applications where:-

(a) active participation by the judiciary in the research is proposed; or

(b) the researcher proposes to study decision-making by the judiciary; or

(c) the research relates to the judicial process and seems likely to raise important issues of policy or to make substantial comment on the work of the judiciary.

82. No judge should feel obliged to participate in any project if he/she does not wish to do so. Where a judge does agree to participate in an approved research project, the Ministry of Justice will keep him/her informed about the project and will try to provide any help he/she needs. Notes issued for the guidance of members of the judiciary on participation in research projects, attached at Annex A to this Memorandum, give further guidance on this topic.

Security

83. For security reasons, judicial office holders are advised to obtain ex-directory telephone numbers and never to disclose their private addresses and telephone numbers for publication in any form of circulated publication, for example in ‘Who's Who’. Judicial office holders should note that information in the Electoral Register is accessible electronically and they may wish to elect to appear on the full register (access to which is controlled) rather than the edited register (which is accessible to all who wish to purchase a copy). Office holders should also note that a requirement of the Companies Act 1985 is that company directors declare a range of personal details, including their home address and occupation. While it is not possible to avoid declaring one's home address, it is sufficient to declare one's occupation as Company Director or Company Secretary, since it is not a requirement that the primary occupation (i.e. Judge) is declared.

84. A complete copy of the Departmental Security Manual, which outlines the physical security requirements in the Ministry of Justice’s buildings, is available on the Departmental intranet. Personal security advice is best given, however, on an individual basis. Any judicial office holder who requires advice on a specific security matter is therefore advised to consult the Head of the Security Branch on 020 7340 6653. General security advice can be obtained from the security staff of the HMCS. Their address and telephone numbers are:- Security and Safety Division, 102 Petty France, London, SW1H 9AJ (020 3334 6653/6651).

85. Judicial office holders will be aware of their personal circumstances in the context of travel. Should any judicial office holder require advice on the security aspects of a visit, he/she is advised and encouraged to consult the Department's security staff at the above address.

Further information

86. Any further information about terms of appointment that may be needed by Circuit Judges, or by practitioners who have been offered appointment to the Circuit Bench, will be readily supplied by the Ministry of Justice. Most inquiries are best made in the first instance to the Judicial Office for England & Wales on 020 7073 4859.

PART III

ALLOWANCES AND OTHER PROVISIONS

Court Dress

87. A Circuit Judge is entitled on his/her appointment to a tax-free allowance towards the cost of the purchase of his/her robes. A cheque will be sent to him/her within a few days of appointment. Following the decision of the Court of Appeal in Munby-v-Furlong [1977] Ch.359, a judge’s robes are regarded as “plant”, and it is accordingly open to him/her to claim a capital allowance against tax in respect of the difference between the amount of the allowance and the full outlay, where higher. After payment of the initial allowance, the cost of maintenance and replacement is borne by the judge.

88. From 1 January 2008 judges' court working dress will change when sitting in open court on civil and family cases. This will be reflected in a Practice Direction to be handed down by the Lord Chief Justice. Court dress allowance details are available on the judicial intranet at

Legal Books and Publications

89. MoJ Library and Information Services is responsible for the provision of legal publications and information to the Judiciary and the Courts. A variety of legal books and publications are supplied to courts’ libraries for general use, and a range of publications are supplied to judicial office holders for personal use. Detailed advice on the publications which may be available is provided following appointment to office and is readily provided by regional Library and Information Services staff thereafter.

90. Library and Information Services also provides on-line access, through its eLIS portal, to an extensive range of legal information from the 6 major legal publishers. All members of the Judiciary and all Justices Clerks are entitled to register for eLIS. Access is via the HMCS Website home page. Further information on Library and Information Services can be found on the MoJ intranet.

Official stationery

91. Judges can, if they wish, be supplied with official stationery comprising writing paper pre-printed with the Royal Coat of Arms beneath which is written "Judiciary of England and Wales". The stationery is supported by Word templates which have been downloaded onto judicial laptops. These templates allow Judges to personalise their stationery with their official details. Court staff will be able to make supplies of stationery available on request. The judicial laptop should be supplied with the necessary templates, but if it is not assistance may be available from the Judicial Communications Office or the IT helpdesk.

92. Official paid envelopes are no longer in use in the public service and commercial mailing systems have been introduced within the Ministry of Justice. Judges may use the facilities provided in their courts for the dispatch of official correspondence. Members of the judiciary are reminded that the facilities provided at public expense, including those for the dispatch of correspondence and stationery, are provided for use in carrying out official duties and are not intended for personal use/correspondence.

Official telephone calls from private residences

93. A judge who has to use his/her private telephone for Crown business may be reimbursed the cost of such calls. Claims, which must be supported by the itemised telephone bill, should be sent each quarter to the area judicial liaison officer. Reimbursement will include the actual cost of calls made plus, for each call, an additional sum reflecting VAT and rental charges.

94. Where a judge has occasion to make numerous calls on judicial business from his/her home and his/her usage of the telephone for this purpose is consistent, the Department has authority to agree with him/her a fixed allowance of units to cover the cost of all those calls. Under the rules applicable to the use of private telephones for Crown business, it will be necessary at the beginning for the judge to be asked to keep, over a reasonable period, a detailed record of the calls he/she makes, so that the fixed allowance can be agreed with him/her. Similarly, the Department is required to review such allowances, from time to time, in the same way. This allowance may be subject to tax.

Eye Tests

95. Health and Safety legislation entitles anyone regularly using visual display units, such as computers, to regular eye examinations. The Department provides, via a voucher scheme, for judicial office holders to receive eye tests and will pay the cost of a basic pair of appropriate spectacles, where they are recommended by the optician. A guidance booklet on the operation of the scheme is provided on appointment and is available from Judicial Appointments & HR Division.

TRAVELLING AND SUBSISTENCE ALLOWANCES

96. The following paragraphs set out the basis on which travelling and subsistence allowances are paid for travel on judicial business.

97. The payments which the Department is authorised to make for judges' travel and subsistence come from monies voted by Parliament, which requires them to be strictly accounted for. The general principle is that nothing may be reimbursed beyond extra expenditure actually incurred on the necessary business of the Crown. As elsewhere in the Crown service, therefore, travelling allowances may not be paid for journeys between a judge's home and his/her principal place of work. It is not regarded as an appropriate use of public funds to meet the travelling expenses incurred by judges in attending public dinners and other social functions, however desirable it may be that they should attend. The rules governing the following allowances reflect, with appropriate modifications, those adopted for persons in Crown service generally. These rules may change from time to time and any such changes will be notified accordingly. The Inland Revenue tax rules governing the tax treatment, and rates, of these allowances may also change and any such changes will be notified to office holders.

Rates of allowance

98. Judges will be advised separately about the current rates of motor mileage and subsistence allowances and how to use the Department's hotel booking agency (see paragraph 118 below). Any increases in the rates of allowance will be notified as they occur. General advice and guidance on the rules and their application in individual circumstances, on the submission of claims, and about the insurance requirements for car journeys paid for at public expense, is best sought from the court manager at the judicial office holder's place of work.

Travel by private car

99. The amounts payable in respect of travel by private car on the judicial business of the Crown depend on the sitting arrangements of the judge but the following general rules apply:-

(1) Where a judge sits mainly or wholly (that is for 40% or more of the number of days on which he/she sits during the year) at one court centre, that is treated as his/her principal court, and it is for him/her to meet the cost of travelling between there and his/her home. If he/she sits at other courts for less than 40% of his/her sitting days at each court he/she is entitled to receive a mileage allowance based on the actual car journey to each of those courts.

(2) Where a judge sits at each of two courts for 40% or more of the number of days on which he/she sits during the year, both will be treated as principal courts, and it is for him/her to meet the cost of travelling to them. He/she is entitled to receive a mileage allowance based on the actual journey to any other court at which he/she may sit.

(3) Where a judge sits at a number of courts without sitting at any one of them for 40% or more of the number of days on which he/she sits during the year, the court at which he/she sits nearest his/her home may be designated as his/her principal court and it is for him/her to meet the cost of travel to that court. He/she is entitled to receive a mileage allowance based on the actual journey to the other courts at which he/she sits.

100. If, in order to secure the efficient disposal of the business of the courts, it is necessary to make a permanent change in a judge's regular pattern of sittings, the designation of his/her principal court may have to be reviewed (see paragraph 102) and, where appropriate, changed with effect from the date on which the change of sittings is made.

101. For the purposes of these general rules, two or more courts in the same town (provided they are not too far apart, as they may be in London) are regarded as a single centre. A judge who sits at more than one court in the Central London area may have one of those courts designated as his/her principal court, in accordance with the normal criteria, for the purpose of his/her travelling allowances.

102. The primary consideration governing the pattern of a judge's sittings must be the needs of judicial business (which will vary from time to time) and a judge may therefore be asked to agree to a pattern which is, as far as travelling expenses are concerned, less advantageous to him/her than his/her existing pattern (or some other pattern) is or might be.

The standard rates of mileage allowance

103. The standard rate of mileage allowance, payable in accordance with the above arrangements, comprises a single category for all cars, irrespective of engine size. Within that category there are two tiers which relate to the mileage travelled. A higher rate applies up to the first 10,000 miles and a lower rate for each mile thereafter. Records of judicial office holders’ cumulative mileage will be kept by the HMCS staff.

104. Liability to tax. The rates of motor mileage payable are set at a level approved by the HM Revenue & Customs as involving no profit element and do not therefore give rise to any tax liability.

105. No limit is placed on the mileage which judicial office holders, who prefer to use their cars rather than public transport for travel to their various courts, may claim.

Insurance of motor vehicles used on Crown business

106. Members of the judiciary who claim mileage allowances must have fully comprehensive insurance cover. In addition, a person using his/her privately owned motor vehicle in connection with his/her business is legally required to have in his/her insurance policy a clause covering such use by the policy holder in person. Although business-user clauses are common in normal private motor insurance policies, not all of them provide expressly that the receipt of an allowance for such use shall not, for the purpose of the policy, constitute use for hire and reward. Without such a provision, and in the absence of any arrangement rendering it unnecessary, the receipt of a mileage allowance might result in the journey in respect of which it was paid being made without insurance cover.

107. In order to obviate the need for endorsement of individual policies, the Motor Conference, on behalf of its insurer members, gives undertakings to different organisations by which the policies of the members of those organisations are deemed to have been endorsed in the terms of the undertaking. Such an undertaking has been agreed between the Ministry of Justice and the Motor Conference in the following terms: -

"(1) Private Car and Motor Cycle Policies (including Policies covering motor scooters, auto-cycles and mechanically-assisted pedal cycles) issued to any of the persons referred to in paragraph (2) hereof which permit the use of the vehicle by the policy holder in person in connection with his/her business shall be deemed to permit such use of the vehicle on the business of the Ministry of Justice and the receipt of an allowance from such Department for such use or in respect of the carriage by him/her of official passengers shall not be deemed for the purpose of such policies to constitute use for hiring or for the carriage of passengers for hire or reward.

(2) The persons referred to in paragraph (1) above are persons serving in a judicial or other capacity in, or in connection with, any court, tribunal, office or department for the administration of which the Lord Chancellor is responsible (not being a person referred to in the General Undertaking given by the Motor Conference to the Treasury Solicitor dated 1 April 1973)."

108. A list of the members of the Motor Conference is at Annex B to this Memorandum. A judge who uses his/her car for official business and who is not insured with one of these companies should inform his/her own insurer that he/she is in receipt of a mileage allowance, and for what purpose, and seek confirmation that this is permitted by his/her policy. If another person's car, including that of a spouse or other family member, is used on official business, it is essential that such use is covered by his/her or their insurers.

109. Members of the judiciary are also required to give a written undertaking that these insurance requirements are satisfied. A form of undertaking is at Annex C to this Memorandum. Judges who intend to use their own car on judicial business are requested to complete an undertaking in this form on appointment and to lodge this with the area judicial liaison officer.

Reimbursement of parking fees and certain other charges

110. The Ministry of Justice aims, wherever possible, to provide parking spaces for judges at court centres. Where these are available, a judge will be allocated one free of charge. Where no such parking facilities exist, parking expenses may be reimbursed only when they have been incurred as a result of a judge having to attend a court other than his/her principal court or courts as the case may be, since travelling expenses between home and principal court or courts cannot be reimbursed. Parking expenses incurred at the principal court or courts may be reimbursed however where, after attendance there, the judge is obliged to travel on to a sitting at another court.

111. The cost of garaging and parking fees, congestion charges, tolls and ferry charges incurred in the course of an official journey for which the standard rate of mileage allowance is payable may also be reimbursed.

Travel by public transport

112. The principal court or courts of a judge who prefers to travel by public transport will be determined in accordance with the rules set out at paragraph 100 above, and similarly it is for him/her to meet the cost of travelling between there and his/her home.

113. A judge who travels by train to a court other than his/her principal court or courts may claim the first class rail fare for the journey. He/she may also claim the cost of a taxi at either end of the journey where this is reasonably incurred.

Air travel

114. A judge may travel by air if it would be cheaper than making the journey by first class rail and/or car, or if air travel would avoid the need for an overnight stay, and the cost of the air fare is less than the cost of an overnight stay, including travelling expenses.

Night subsistence allowances

115. A night subsistence allowance is payable for each of the first 30 nights of a judge's stay away from home where this is necessitated by his/her sitting away from his/her principal court or courts. The 30 nights includes weekends, even though the judge may return home and therefore claims no allowance for those days. Special considerations arise if a judge is required to stay away from home for more than 30 nights and different arrangements may apply; but it is only in rare circumstances that a judge is likely to be away from his/her principal court for such a long period. No precise limit of distance or travelling time within which it would be considered reasonable for a judge to take hotel accommodation rather than return home has been fixed; and the Department has no wish to impose either. What is reasonable, therefore, must depend on the practice adopted within the Region, due account being taken of such matters as the method of travel, the time of year and road conditions.

116. Night subsistence allowance falls into the following categories: -

(a) London (in respect of sittings at courts within a 5 mile radius of Charing Cross);

b) Elsewhere.

Different rates are payable in respect of the two categories.

117. Night subsistence allowance covers overnight absences of up to 24 hours. Charges covered by the allowance include (a) the actual cost of bed and breakfast up to a specified ceiling, and (b) a standard 24-hour allowance towards the cost of lunch and dinner and travel. A small additional allowance (c) is also paid to cover personal incidental expenditure. This form of triple allowance is payable except where overnight accommodation is taken with friends or relatives, or in the judge’s second home (see paragraphs 123 (b) and (c)). The current rates of night subsistence allowance have been agreed with the HM Revenue & Customs as offering no profit element and are not, therefore, liable to tax. Under the terms of this agreement, a receipt from a hotel or guesthouse, etc. in respect of the bed and breakfast costs must be submitted with any claim for night subsistence allowance.

Hotel Booking Agency

118. Whilst it is open to judicial office holders to make their own arrangements for booking hotel accommodation, they are encouraged to use the services of the hotel booking agency (Expotel) employed by the Ministry of Justice. Under the terms of the contract, the agency undertakes to identify suitable hotel accommodation throughout the country to a standard specified for the judiciary and in accordance with the night subsistence allowance available. The agency is aware of special judicial requirements and the appropriate procedures to be adopted. Wherever possible, hotel accommodation for members of the judiciary will not be situated on the ground floor and the agency will make the booking without revealing the status of the judicial office holder, if this is preferred for security reasons. Judicial office holders should simply identify the area in which accommodation is required (being as precise as possible) and the agency will do the rest. It is possible to request a specific hotel. Use of the booking agency can realise savings of up to 50% on the cost of a room, thus allowing better quality accommodation to be booked within the specified limits.

119. Where bookings are made through the hotel booking agency the normal limit for the bed and breakfast element in the night subsistence allowance may, in exceptional circumstances, be exceeded where the agency has certified that no suitable alternative accommodation was realistically available within the relevant area at a lower cost.

120. Details of how to book with Expotel, and the form to be used, are on the Department's website. Expotel may be contacted by telephone or the booking form may be emailed or faxed to them. Details of the codes to be used in completing the form are available from the area judicial liaison officer.

121. If a judicial office holder who books through the Department’s hotel booking agency, or otherwise, reasonably and necessarily incurs abnormally high expenses on accommodation and meals (for example, because of an unusually heavy local demand for hotel accommodation during a holiday season) the Department may, in these exceptional circumstances, pay above the specified limits of night subsistence allowance. In such circumstances, the actual cost, supported by a receipt from a hotel or guest house etc., of bed and breakfast, lunch and dinner, plus VAT and service charges incurred during the period for which night subsistence allowance was payable, may be reimbursed in place of the normal allowance. The Department will need to be satisfied that in the exceptional circumstances involved it was not realistically possible for hotel accommodation of a suitable standard to be obtained at a lower cost.

Overnight stays other than in hotels

122. A judge who sits at a court other than his/her principal court or courts which is beyond daily travelling distance from his/her home and who chooses not to stay in a hotel may claim reimbursement appropriate to the accommodation occupied: -

(a) if staying in a private club - actual cost of bed and breakfast up to the specified limit, plus the 24 hour allowance and the personal incidental expenditure allowance;

(b) if staying with relatives or friends - a fixed allowance;

(c) if staying in his/her own property such as a country cottage, town flat or similar accommodation - reimbursement of the expenses necessarily incurred up to a specified limit for heating, lighting and food. Details of such expenditure, supported by receipts, should be submitted to the Area Director’s office in the usual way. The payment in respect of expenditure claimed under these headings takes into account any element of “home saving” in respect of a judge’s normal place of residence. In addition the cost of travel to and from the court may be claimed.

123. Where a judge chooses to rent a flat rather than going to a hotel, he/she may claim reimbursement of his/her actual rental up to a specified limit, subject to the provision of receipts, plus the 24 hour allowance and the personal incidental expenditure allowance.

Accommodation in Judges’ Lodgings

124. On occasions, it may be possible for Circuit Judges to be accommodated in Judges’ Lodgings. Judges’ Lodgings are located in a number of major towns and cities and are a mixture of Departmental and private accommodation. The capacity of an individual lodging to accommodate a Circuit Judge will be dependent on a number of factors, including the availability of staff on the date in question, the number of judges in residence in the period in question, whether the lodging has already been booked, etc

125. A judge staying in Lodgings will be provided with bed, breakfast and evening meal and a Circuit Judge should therefore provide the Lodgings with his or her dietary requirements. Where no meals are provided, the flat rate night subsistence allowance may be claimed.

126. The Lodgings will provide a newspaper and access to telephone and internet facilities. Only High Court Judges have a budget for official cars, other members of the Judiciary must make their own provision for transportation, unless provision can be found within the High Court Judge’s car.

127. Any further information regarding these arrangements, or the booking of accommodation, should be directed to the Judges’ Lodgings Regional Office in Kidderminster on 01562 820797. The Judges’ Lodgings Regional Office will require the relevant billing codes from the person booking the lodgings.

Day subsistence allowance

128. Day subsistence allowances are not payable generally in respect of judicial sittings. A day subsistence allowance may be paid where a sitting takes place away from the principal hearing centre, and which involves an absence for which overnight subsistence is payable. Day subsistence allowances may also be paid in relation to other official business, e.g. training events.

129. Day subsistence allowance may not be paid concurrently with night subsistence allowance, but may be paid for a balance of more than five hours (or, as the case may be, more than 10 hours) after the expiry of a complete period of 24 hours which has attracted night subsistence allowance.

130. There are two rates of allowance; the first when a judicial office holder is away from his/her normal place or places of work for more than five hours, and the second when he/she is away for more than 10 hours. The allowance is payable only when a meal is necessarily purchased at a greater cost than if it had been bought at the judicial office holder’s normal place of work. The allowance is intended to compensate for this additional expenditure; it is not designed to cover the whole cost of the meal. During a period which does qualify for day subsistence allowance, the cost of a main meal (that is, a full breakfast, lunch, high tea or dinner, including VAT but excluding alcoholic beverages) taken on a train may be reimbursed instead of the day subsistence allowance, subject to the production of vouchers. Gratuities not exceeding 10% of the cost of the actual meal (exclusive of VAT) may also be reimbursed.

Application of the rules on travelling and subsistence allowances to newly appointed Judges

131. In applying the rules on travelling and subsistence allowances to a newly appointed judge, the Department is bound by the principle that there can be no assistance from public funds towards the cost of taking up a first appointment in the public service. Thus, if a judge is appointed to sit regularly in some part of the country distant from that in which he/she is living at the time, he/she must meet not only the cost of moving to the new area but also that of providing himself/herself with temporary accommodation and of travelling to and fro until he/she has moved to the new location. The rules set out in paragraph 99 will apply whether the judge’s accommodation following appointment is of a permanent or temporary nature.

Special arrangements for attendance during a transport emergency

132. Special arrangements apply for the reimbursement of travelling and/or accommodation expenses incurred by judicial office holders during public transport strikes. Information about these arrangements will be provided as appropriate.

133. It would be most helpful if Circuit Judges could consult either Area Directors, Court Managers or their staff, if they are uncertain about which courts will sit on those days when public transport staff are taking industrial action.

Miscellaneous travelling and other expenses

134. In the following paragraphs references to subsistence allowances include both night subsistence allowance as described at paragraph 117 and day subsistence allowance as described at paragraph 128.

135. Cathedral and church services. Attendance by a Circuit Judge at the main cathedral service held once a year in each Region may be regarded as part of his/her official functions for which appropriate travelling and subsistence expenses will be payable.

Church services may be held at other centres but this varies with local wishes and the availability of local funds, no provision being made in the Estimates of the Ministry of Justice. Thus, travelling and subsistence expenses are not paid in connection with attendance at a service other than the annual service at a main centre in each Region.

136. Abbey Service and Lord Chancellor’s Breakfast. Although Circuit Judges may be invited from time to time to the Lord Chancellor’s Breakfast and to the Service in Westminster Abbey which precedes it, the Lord Chancellor has decided that he/she cannot justify the payment of travelling or subsistence expenses to those who attend. He/she regrets that it is not possible for parking facilities to be made available at the Palace of Westminster.

137. Royal Garden Parties. A judge who receives an invitation to attend a Garden Party is invited in his/her private capacity. He/she will wish to arrange his/her sittings so that litigants are not inconvenienced by his/her absence, and must bear the expenses of attending.

138. Meetings of the Council of Circuit Judges and its special committees. Circuit Judges may, with the Lord Chancellor's approval, be reimbursed the travelling and subsistence expenses, if any, incurred in attending meetings of the Committee of the Council of Circuit Judges at which a substantial amount of the business transacted is of an official nature. Expenses incurred in attending other meetings of the Council may not be reimbursed from public funds. The Lord Chancellor, or a formal committee of inquiry, etc. set up by him/her, may request the views of the Council of Circuit Judges on a particular question. The Council may then arrange for a special committee to meet to consider the matter. The travelling and subsistence expenses, if any, of the members of such a committee may be reimbursed. When a claim is submitted, the judge is asked to indicate briefly the purpose of the journey.

139. Other Committees of Inquiry, Commissions, etc. Judges may be asked from time to time to give evidence to Committees or Commissions for which the Lord Chancellor does not have responsibility. If this involves travelling, the cost cannot be borne on the Vote of the Ministry of Justice, but should be met by the Secretariat of the Committee or Commission concerned.

140. Visits to Prisons, Youth Custody and Detention Centres etc. The Lord Chief Justice considers it highly desirable that Circuit Judges should visit a prison and a youth custody/detention centre to which they commit offenders at least as often as they are expected to attend residential seminars organised by the Judicial Studies Board. Circuit Judges may claim travelling and, if necessary, subsistence allowances for these visits.

141. Liaison Judges. If a judge who is invited to undertake liaison duties with Justices of the Peace incurs extra expenses in doing so, he/she may claim travel and subsistence allowances in connection with those duties. Provided this has been agreed in advance with the Regional Director and subject to the availability of funds (from very limited resources), he/she may, in addition, be reimbursed modest expenditure on entertainment.

142. Invitations to address Magistrates’ Associations. The Lord Chancellor and Lord Chief Justice consider it to be in the public interest for lay magistrates to benefit from training and advice from the judiciary whenever possible. Circuit Judges who are invited to training sessions or to address meetings of Magistrates’ Associations, even though they are not appointed Liaison Judges, may claim travelling and, if necessary, subsistence allowances.

143. Entertainment. The Ministry of Justice is not permitted to contribute towards the cost of entertainment incurred by a Circuit Judge except as outlined in paragraph 141 in connection with the extra duties performed by a Liaison Judge.

Expenses claims

144. Expenses claims (which should be addressed to the Area Director’s Office) should be submitted regularly at intervals of no more than one month; which period should commence at the date of the earliest journey in the claim. Supporting vouchers, receipts etc. for expenses should be attached to the claim, whenever possible.

145. In order to conform to Government accounting rules and Departmental policy and regulations, members of staff who process claims for travel on duty expenses are strictly required not to correct, amend or complete claims by, for example, entering totals and mileage rates. Judges are therefore requested to ensure that all claim forms are properly completed. Erroneous or improperly completed claims will be returned unpaid.

Transfer to another location

146. A Circuit Judge must live within reasonable travelling distance of the courts at which he or she will sit. For individuals appointed to the office of Circuit Judge after 1 April 2006, no request for a transfer to another location will normally be entertained until the judge has served for a period of 5 years in the location to which he/she was appointed. Extenuating circumstances may provide an exception to this general policy.

147. As stated earlier, assistance is not available from public funds towards the cost of taking up a first appointment in Crown service. However, when an established judge is asked by the Lord Chief Justice to change his/her sitting arrangements, and, because of that change, the judge is obliged to remove his/her family home, he/she may claim a range of allowances. The rules governing payment of these allowances will be fully explained at the appropriate time.

148. Assistance will not be available if a move is arranged at the judge’s request and there is, in the Lord Chief Justice's opinion, no significant need for the transfer in relation to the administration of justice. Such a move must be at the judge’s own expense.

Further information

149. Any further information about the travel, subsistence and other allowances to which Circuit Judges may be entitled will be readily supplied by the Ministry of Justice. However, initial inquiries should be addressed to the Judicial Office on 020 7073 4859.

Ministry of Justice

(Para. 82)

ANNEX A

NOTES ISSUED FOR THE GUIDANCE OF MEMBERS OF THE JUDICIARY ON PARTICIPATION IN RESEARCH PROJECTS

Notes issued for the guidance of members of the Judiciary

on participation in research projects

1. These notes were drawn up in the interests of promoting a consistent approach to requests for assistance with research into the judicial process or other aspects of court administration or procedure.

Approval of judicial participation in research

2. Researchers who seek facilities for the conduct of research involving any member of the judiciary will be required to submit their proposals for projects to the scrutiny of senior officials in the Ministry of Justice and approval will be granted only after consultation with the Lord Chief Justice, the Master of the Rolls, the Vice-Chancellor or the President, as appropriate. Approval will normally only be given if:-

(a) the proposed research will be in the public interest;

(b) the nature of the proposed research makes judicial participation necessary;

(c) judicial discretion and independence would not be impaired by participation in the proposed research and members of the judiciary would not be drawn into areas of political controversy;

(d) participation will not impose an undue burden on members of the judiciary:

(e) members of the judiciary will not be identified in any reports; and

(f) the researcher undertakes to provide the members of the senior judiciary already mentioned and the members of the judiciary involved in the research with copies of any report before it is published and to give them an opportunity to comment upon it.

3. If a research project is given approval all members of the judiciary whose assistance the researcher desired will be informed of the project and the Ministry of Justice will make every effort to provide any advice or assistance requested.

Judicial agreement to participate

4. It is hoped that members of the judiciary will give favourable consideration to any invitation to participate in research projects which have received approval under the procedures described above. But, no member of the judiciary should feel obliged to participate in any way if he or she does not wish to do so.

5. It is considered desirable that a consistent attitude should be adopted in respect of judicial participation in research. A member of the judiciary approached directly by a researcher should therefore refer the request in writing to the Permanent Secretary to the Ministry of Justice so that the application can be considered in the ordinary way.

Form of judicial participation

6. Judicial participation may take the form of interviews or questionnaires or of observation by researchers of proceedings.

7. The subject matter of interviews and the content of questionnaires will have been considered by senior judges and by senior officials at the Ministry of Justice if approval has been given to a research project. The researcher will have been asked to alter the proposals, if necessary, so as to satisfy the criteria described in paragraph 2 above.

8. Members of the judiciary are not encouraged to discuss their personal background and there is no obligation upon them to do so.

9. Simple observation of the proceedings in open court will not involve judicial participation but it is hoped that the researcher will make his or her presence in court known. Judicial permission would, of course, be required under section 9 of the Contempt of Court Act 1981 if it were desired to use mechanical recording equipment.

10. Approval of observation of proceedings in Chambers will be given only in appropriate circumstances, and then only with the consent of the parties.

(Para. 108)

ANNEX B

LIST OF MEMBERS OF THE MOTOR CONFERENCE

MEMBERS OF THE MOTOR CONFERENCE

(as at 1st January 2005)

Motor Conference is the body that represents members of ABI transacting motor insurance business and the motor syndicates of Lloyd’s Motor Underwriters Association (LMUA). Motor Conference is representative of some 98% of the motor insurance business transacted in the UK. Many of ABI’s activities – for example, representations to Government – are carried out under the auspices of Motor Conference.

A number of undertakings have been given on behalf of all members of Motor Conference to various bodies e.g. Government Departments, local authorities and voluntary organisations. The undertakings allow an individual with motor insurance which includes use for personal business to use his or her own vehicle for the business of their employer. They also provide that the receipt of a mileage allowance will not constitute use for "hire or reward". This is to ensure that individuals in receipt of such an allowance continue to be covered under their insurance policy, notwithstanding any general exclusion of hire and reward use.

Please note that there may be a small number of insurance policies issued by certain insurers that are covered by the undertakings and not listed below. To check whether any individual insurer not currently listed is a subscriber, contact xxxxx@xxx.xxx.xx

|Association of British Insurers | |

|AA Underwriting Services Limited |ACE INA UK Ltd |

|Ace Insurance S.A.-NV |Admiral Insurance Co Ltd |

|Allianz Cornhill Insurance plc |Allianz Corporate Ireland plc |

|Aioi Insurance Co of Europe Ltd |Allianz Ireland plc |

|Ansvar Insurance Co Ltd |ARIG Insurance Co Ltd |

|Avon Insurance PLC |AXA General Insurance Co Ltd |

|Bankers Insurance Co Ltd |Britannic Assurance Plc |

|Brit Insurance Ltd |Budget Insurance Co Ltd |

|China Insurance Co (UK) Ltd |Chubb Insurance Co Europe Ltd |

|Churchill Insurance Co Ltd |CGNU Plc |

|CNA Insurance Co (Europe) Ltd |Co-operative Insurance Society Ltd |

|Corinthian Insurance Co Ltd |Cornish Mutual Assurance Co Ltd |

|Direct Line Insurance plc |Eagle Star Insurance Co Ltd |

|Ecclesiastical Insurance Office plc |Esure Insurance Ltd |

|Fortis Insurance Ltd |Groupama General Insurance Co Ltd |

|Groupama Insurance Co Ltd |Haven Insurance Policies Ltd |

|Highway Insurance Co Ltd |Hiscox Insurance Co Ltd |

|HSBC Insurance (Ireland) Ltd |HSBC Insurance (UK) Ltd |

|International Insurance Company of Hannover Ltd |Landmark Insurance Company Ltd |

|Legal and General Assurance Society Ltd |Link Insurance Co Ltd |

|Liverpool Victoria Insurance Co Ltd |MMA Insurance |

|National Farmers Union Mutual Insurance Society Ltd |National Insurance & Guarantee Corporation PLC |

|National Motor & Accident Insurance Union Ltd |New Hampshire Insurance Co |

|New India Assurance Co Ltd |Norwich Union Insurance Ltd |

|Norwich Union Bonus |Pearl Assurance plc |

|Privilege Insurance Co Ltd |Provident Insurance plc |

|Prudential Assurance Co Ltd |QBE Insurance Company (UK) Ltd |

|RAC Insurance Ltd |Royal and SunAlliance plc |

|St. Paul International Insurance Co Ltd |Sabre Insurance Co Ltd |

|Saga Insurance Co Ltd |Scottish General Insurance Co Ltd |

|Sompo Japan Insurance Co of Europe Ltd |Tradewise Insurance Co Ltd |

|Tradex Insurance Co Ltd |Trafalgar Insurance plc |

|UK Insurance Ltd |USAA Ltd |

|Westminster Motor Insurance Association Ltd |Zenith Insurance plc |

|Zurich Insurance Company | |

| | |

|Lloyd's Motor Underwriters’ Association | |

|ARB |Chaucer Insurance |

|Ensign Motor Policies |Equity Red Star Motor Policies |

|Euclidian |Jubilee Motor |

|KGM Motor Policies |Markel Motor |

|Mitsui |Nemwil |

|Newline |Summit Motor Policies |

|Wren Motor Policies | |

| | |

|Non-Members | |

|Bell Direct * |Elephant.co.uk * |

* 'Please note that, although not members of ABI or LMUA, these companies subscribe to the Motor Conference undertakings referred to above.

(Para. 109)

ANNEX C

INSURANCE UNDERTAKING

INSURANCE UNDERTAKING

1. DRIVER DETAILS

Name

Title

Official Address

Motor Vehicle Registration

2. INSURANCE

I certify that I am insured with (name of Company)

a) which is an insurer member of the Motor Conference** (see paragraphs 106 to 109 of the Memorandum for Circuit Judges - Insurance of motor vehicles used on official business)

OR

b) that my policy includes the appropriate endorsement as described in paragraph 107 of that Memorandum.

3. DECLARATION

I declare that I:-

a) undertake to notify the Ministry of Justice immediately of any change which leaves me with less insurance cover than the rules require; and

b) will not seek to recover from the Department any amount which I may be called upon to pay as a result of the operation of any excess clause.

Signed Date

**Current lists of the Members of the Motor Conference are held in Area Directors’ Offices and Tribunal Offices etc.

-----------------------

[1] A Circuit Judge who immediately prior to his appointment held another full-time judicial office to which he had been appointed prior to the commencement of the Judicial Pensions and Retirement Act 1993 (31 March 1995) will retain the compulsory retirement date applicable to him in the former office.

[2] Except that someone appointed to judicial office after the age of 65, and who cannot therefore complete five years of service before the compulsory retirement age of the scheme, may receive immediately payable benefits on leaving office at age 70 as long as two years of service have been completed.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download