Constitutional Reform Act 2005

2005 Chapter 4

An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.

[24th March 2005]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1The rule of law

1The rule of law

This Act does not adversely affect—

a

the existing constitutional principle of the rule of law, or

b

the Lord Chancellor’s existing constitutional role in relation to that principle.

Part 2Arrangements to modify the office of Lord Chancellor

Qualifications for office of Lord Chancellor

2Lord Chancellor to be qualified by experience

8

In subsection (7) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

a

an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or

b

a resolution of the Security Council or General Assembly of the United Nations.

4Guarantee of continued judicial independence: Northern Ireland

1

For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of continued judicial independence) substitute—

1Guarantee of continued judicial independence

1

The following persons must uphold the continued independence of the judiciary—

a

the First Minister,

b

the deputy First Minister,

c

Northern Ireland Ministers, and

d

all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.

2

The following particular duty is imposed for the purpose of upholding that independence.

3

The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

4

In this section “the judiciary” includes the judiciary of any of the following—

a

the Supreme Court;

b

any other court established under the law of any part of the United Kingdom;

c

any international court.

5

In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

a

an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or

b

a resolution of the Security Council or General Assembly of the United Nations.

2

In section 91(2) of that Act (extent: provisions not restricted to Northern Ireland), before paragraph (a) insert—

za

section 1,

Representations by senior judges

5Representations to Parliament

1

The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.

2

In relation to Scotland those matters do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.

3

In relation to Northern Ireland those matters do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

4

In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).

5

In this section “chief justice” means—

a

in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;

b

in relation to Scotland, the Lord President of the Court of Session.

6Representations to the Northern Ireland Assembly

1

The Lord Chief Justice of Northern Ireland may lay before the Northern Ireland Assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in Northern Ireland.

2

The matters are—

a

excepted or reserved matters to which a Bill for an Act of the Northern Ireland Assembly relates;

b

transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

3

In subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the Northern Ireland Act 1998.

Judiciary and courts in England and Wales

7President of the Courts of England and Wales

1

The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England and Wales.

2

As President of the Courts of England and Wales he is responsible—

a

for representing the views of the judiciary of England and Wales to Parliament, to the Lord Chancellor and to Ministers of the Crown generally;

b

for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of England and Wales within the resources made available by the Lord Chancellor;

c

for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts.

3

The President of the Courts of England and Wales is president of the courts listed in subsection (4) and is entitled to sit in any of those courts.

4

The courts are—

the Court of Appeal

the High Court

the Crown Court

the county courts

the magistrates’ courts.

5

In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2) (Lord Chancellor to be president of the Supreme Court of England and Wales) ceases to have effect.

8Head and Deputy Head of Criminal Justice

1

There is to be a Head of Criminal Justice.

2

The Head of Criminal Justice is—

a

the Lord Chief Justice, or

b

if the Lord Chief Justice appoints another person, that person.

3

The Lord Chief Justice may appoint a person to be Deputy Head of Criminal Justice.

4

The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—

a

the Lord Chief Justice has consulted the Lord Chancellor;

b

the person to be appointed is an ordinary judge of the Court of Appeal.

5

A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.

9Head and Deputy Head of Family Justice

1

The President of the Family Division is Head of Family Justice.

2

The Lord Chief Justice may appoint a person to be Deputy Head of Family Justice.

3

The Lord Chief Justice must not appoint a person under subsection (2) unless these conditions are met—

a

the Lord Chief Justice has consulted the Lord Chancellor;

b

the person to be appointed is an ordinary judge of the Court of Appeal.

4

A person appointed as Deputy Head of Family Justice holds that office in accordance with the terms of his appointment.

Judiciary and courts in Northern Ireland

10The Lord Chancellor and Northern Ireland courts

In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—

68ALord Chancellor’s duty

1

The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

a

the Supreme Court,

b

county courts,

c

magistrates’ courts, and

d

coroners’ courts,

and that appropriate services are provided for those courts.

2

The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his duty under subsection (1).

11Lord Chief Justice of Northern Ireland

For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute—

1A

The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

1B

As President of the Courts of Northern Ireland he is responsible—

a

for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;

b

for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;

c

for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;

d

for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.

1C

The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

1D

The courts are—

the Court of Appeal

the High Court

the Crown Court

the county courts

the magistrates’ courts.

Other provisions about the judiciary and courts

12Powers to make rules

1

Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.

2

Part 2 of the Schedule contains amendments of Acts that contain rule-making powers.

3

Those amendments—

a

provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and

b

make consequential provision.

13Powers to give directions

1

Part 1 of Schedule 2 sets out a process for the exercise of powers to give directions.

2

Part 2 of the Schedule contains amendments of Acts that contain powers to give directions.

3

Those amendments—

a

provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and

b

make consequential provision.

14Transfer of appointment functions to Her Majesty

Schedule 3 provides for—

a

Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and

b

the modification of enactments relating to those offices.

15Other functions of the Lord Chancellor and organisation of the courts

1

Schedule 4 provides for—

a

the transfer of functions to or from the Lord Chancellor,

b

the modification of other functions of the Lord Chancellor,

c

the modification of enactments relating to those functions, and

d

the modification of enactments relating to the organisation of the courts.

2

Schedule 5 makes similar provision about functions under legislation relating to Northern Ireland.

6ALord Chancellor’s Oath

1

The oath set out in subsection (2) shall be tendered to and taken by the Lord Chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office.

2

The oath is—

“I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.

2

The section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section.

Speakership of the House of Lords

18Speakership of the House of Lords

Schedule 6 contains amendments relating to the Speakership of the House of Lords.

Functions subject to transfer, modification or abolition

19Transfer, modification or abolition of functions by order

1

The Lord Chancellor may by order make provision for any of these purposes—

a

to transfer an existing function of the Lord Chancellor to another person;

b

to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person;

c

to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor;

d

to modify an existing function of the Lord Chancellor;

e

to abolish an existing function of the Lord Chancellor.

2

An order under subsection (1) may in particular—

a

amend or repeal any of the following—

i

an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

ii

subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

iii

any other instrument or document, including a prerogative instrument;

b

include—

i

any supplementary, incidental or consequential provision, and

ii

any transitory, transitional or saving provision,

which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1).

3

The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this Act.

4

An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc).

5

An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7.

6

An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order—

a

becomes exercisable by the Lord Chancellor concurrently with another person, or

b

is modified.

7

An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1).

8

In this section—

“existing function” means any function other than one that is conferred by—

an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed, or

subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

“prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.

20Protected functions not transferable under Ministers of the Crown Act 1975

1

The Ministers of the Crown Act 1975 (c. 26) is amended as follows.

2

In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—

6

This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005.

7

An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council—

a

is transferred to the Lord Chancellor,

b

becomes exercisable by the Lord Chancellor concurrently with another person, or

c

remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.

8

An Order in Council under this section may not, to the extent that it amends Schedule 7 to the Constitutional Reform Act 2005, be revoked by another Order in Council under this section.

3

After section 5(3) (Orders under Act to be revocable) insert—

3A

Subsection (3) is subject to section 1(8).

21Amendment of Schedule 7

1

The Lord Chancellor may by order amend Schedule 7 so as to include within that Schedule any function of the Lord Chancellor under an enactment, other than an enactment contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed.

2

For the purposes of subsection (1) it does not matter whether a function of the Lord Chancellor is exercisable by him alone or concurrently with another person.

3

An order made under this section may not be revoked by an order made under this section.

Supplementary

22Transfers: supplementary

1

This section applies where a function of the Lord Chancellor is transferred to another person (“the transferee”) by any provision of this Act or of an order under section 19 (“the amending provision”).

2

Where the transferee is Her Majesty, references to the transferee in the following provisions of this section are to be read as references to the Lord Chancellor.

3

The transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Chancellor before the commencement of the amending provision.

4

So far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of this Act, as if—

a

a reference to the Lord Chancellor were a reference to the transferee;

b

a reference to the Lord Chancellor’s Department were a reference to the department of the transferee;

c

a reference to an officer of the Lord Chancellor were a reference to an officer of the transferee.

5

Anything done by or in relation to the Lord Chancellor in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee.

6

Anything which relates to the function and which is in the process of being done by or in relation to the Lord Chancellor at the commencement of the amending provision may be continued by or in relation to the transferee.

7

Legal proceedings to which the Lord Chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee.

8

Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Lord Chancellor, his Department or an officer of his.

9

For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his.

Part 3The Supreme Court

b

he is an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary, or

c

he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

26Selection of members of the Court

1

This section applies to a recommendation for an appointment to one of the following offices—

a

judge of the Supreme Court;

b

President of the Court;

c

Deputy President of the Court.

2

A recommendation may be made only by the Prime Minister.

3

The Prime Minister—

a

must recommend any person whose name is notified to him under section 29;

b

may not recommend any other person.

4

A person who is not a judge of the Court must be recommended for appointment as a judge if his name is notified to the Prime Minister for an appointment as President or Deputy President.

5

If there is a vacancy in one of the offices mentioned in subsection (1), or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

6

Schedule 8 is about selection commissions.

7

Subsection (5) is subject to Part 3 of that Schedule.

8

Sections 27 to 31 apply where a selection commission is convened under this section.

27Selection process

1

The commission must—

a

determine the selection process to be applied,

b

apply the selection process, and

c

make a selection accordingly.

2

As part of the selection process the commission must consult each of the following—

a

such of the senior judges as are not members of the commission and are not willing to be considered for selection;

b

the Lord Chancellor;

c

the First Minister in Scotland;

d

the Assembly First Secretary in Wales;

e

the Secretary of State for Northern Ireland.

3

If for any part of the United Kingdom no judge of the courts of that part is to be consulted under subsection (2)(a), the commission must consult as part of the selection process the most senior judge of the courts of that part who is not a member of the commission and is not willing to be considered for selection.

4

Subsections (5) to (10) apply to any selection under this section or section 31.

5

Selection must be on merit.

6

A person may be selected only if he meets the requirements of section 25.

7

A person may not be selected if he is a member of the commission.

8

In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.

9

The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.

10

Any selection must be of one person only.

28Report

1

After complying with section 27 the commission must submit a report to the Lord Chancellor.

2

The report must—

a

state who has been selected;

b

state the senior judges consulted under section 27(2)(a) and any judge consulted under section 27(3);

c

contain any other information required by the Lord Chancellor.

3

The report must be in a form approved by the Lord Chancellor.

4

After submitting the report the commission must provide any further information the Lord Chancellor may require.

5

When he receives the report the Lord Chancellor must consult each of the following—

a

the senior judges consulted under section 27(2)(a);

b

any judge consulted under section 27(3);

c

the First Minister in Scotland;

d

the Assembly First Secretary in Wales;

e

the Secretary of State for Northern Ireland.

29The Lord Chancellor’s options

1

This section refers to the following stages—

Stage 1:	where a person has been selected under section 27
Stage 2:	where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:	where a person has been selected following a rejection or reconsideration at stage 2.

2

At stage 1 the Lord Chancellor must do one of the following—

a

notify the selection;

b

reject the selection;

c

require the commission to reconsider the selection.

3

as set out in the Promissory Oaths Act 1868 (c. 72).

33Tenure

A judge of the Supreme Court holds that office during good behaviour, but may be removed from it on the address of both Houses of Parliament.

34Salaries and allowances

1

A judge of the Supreme Court is entitled to a salary.

2

The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.

3

Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.

4

A determination under subsection (2) may increase but not reduce the amount.

5

Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.

6

Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.

35Resignation and retirement

1

A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.

2

The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.

3

In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

36Medical retirement

1

This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—

a

is disabled by permanent infirmity from the performance of the duties of his office, and

b

is for the time being incapacitated from resigning his office.

2

The Lord Chancellor may by instrument under his hand declare the person’s office to have been vacated.

3

A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.

4

But such a declaration has no effect unless it is made—

a

in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;

b

in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;

c

in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.

37Pensions

1

In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—

a

in the first column, substitute “Judge of the Supreme Court”, and

b

in the second column, in each place substitute “judge of the Supreme Court”.

2

In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

3

The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.

Acting judges

38Acting judges

1

At the request of the President of the Supreme Court any of the following may act as a judge of the Court—

a

a person who holds office as a senior territorial judge;

b

a member of the supplementary panel under section 39.

2

A request under subsection (1) may be made by the Deputy President of the Court if there is no President or the President is unable to make that request.

3

In section 26(7) of the Judicial Pensions and Retirement Act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute—

b

act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;

4

Every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the Supreme Court (and so may perform any of the functions of a judge of the Court).

5

A person is not to be treated under subsection (4) as a judge of the Court for the purposes of any statutory provision relating to—

a

the appointment, retirement, removal or disqualification of judges of the Court,

b

the tenure of office and oaths to be taken by judges of the Court, or

c

the remuneration, allowances or pensions of judges of the Court.

6

Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person is not to be treated under subsection (4) as having been a judge of the Court if he has acted in the Court only under this section.

7

Such remuneration and allowances as the Lord Chancellor may with the agreement of the Treasury determine may be paid out of money provided by Parliament to any person who acts as a judge of the Court under this section.

8

In this section “office as a senior territorial judge” means office as any of the following—

a

a judge of the Court of Appeal in England and Wales;

b

a judge of the Court of Session, but only if the holder of the office is a member of the First or Second Division of the Inner House of that Court;

c

a judge of the Court of Appeal in Northern Ireland, unless the holder holds the office only by virtue of being a puisne judge of the High Court.

39Supplementary panel

1

There is to be a panel of persons known as the supplementary panel.

2

On the commencement of this section any member of the House of Lords who—

a

meets one of the conditions in subsection (3),

b

does not hold high judicial office,

c

has not attained the age of 75, and

d

makes other amendments relating to jurisdiction.

5

The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.

6

An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.

41Relation to other courts etc

6

This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.

43Changes in composition

1

This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.

2

The presiding judge may direct that the Court is still duly constituted in the proceedings.

3

The presiding judge may give a direction under this section only if—

a

the parties agree;

b

the Court still consists of at least three judges (whether the number of judges is even or uneven);

c

at least half of those judges are permanent judges.

4

Subsections (2) and (3) are subject to directions given by the President of the Court.

5

If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.

6

In this section—

a

“presiding judge” means the judge who is to preside, or is presiding, over proceedings;

b

references to permanent judges have the same meaning as in section 42.

Practice and procedure

44Specially qualified advisers

1

If the Supreme Court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it.

2

Any remuneration payable to such an adviser is to be determined by the Court unless agreed between the adviser and the parties to the proceedings.

3

Any remuneration forms part of the costs of the proceedings.

45Making of rules

The General Council of the Bar of England and Wales;

The Law Society of England and Wales;

The Faculty of Advocates of Scotland;

The Law Society of Scotland;

The General Council of the Bar of Northern Ireland;

The Law Society of Northern Ireland.

46Procedure after rules made

1

Supreme Court Rules made by the President of the Supreme Court must be submitted by him to the Lord Chancellor.

2

Supreme Court Rules submitted to the Lord Chancellor—

a

come into force on such day as the Lord Chancellor directs, and

b

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

3

A statutory instrument containing Supreme Court Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

47Photography etc

1

In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—

a

the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;

2

In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—

a

the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;

Staff and resources

48Chief executive

1

The Supreme Court is to have a chief executive.

2

The Lord Chancellor must appoint the chief executive, after consulting the President of the Court.

3

The President of the Court may delegate to the chief executive any of these functions—

a

functions of the President under section 49(1);

b

non-judicial functions of the Court.

4

The chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the President of the Court.

49Officers and staff

1

The President of the Supreme Court may appoint officers and staff of the Court.

2

It is for the chief executive of the Supreme Court to determine these matters with the agreement of the Lord Chancellor—

a

the number of officers and staff of the Court;

b

subject to subsection (3), the terms on which officers and staff are to be appointed.

3

The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the Court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the State.

4

In subsection (3) “the civil service pension arrangements” means—

a

the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11), and

b

any other superannuation benefits for which provision is made under or by virtue of section 1 of that Act for or in respect of persons in employment in the civil service of the State.

50Accommodation and other resources

are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b).

4

The Scottish Ministers may make payments by way of contribution to the costs incurred by the Lord Chancellor in providing the Court with resources in accordance with subsection (1)(b).

5

In this section “court-house” means any place where the Court sits, including the precincts of any building in which it sits.

e

the General Council of the Bar of Northern Ireland;

f

the Law Society of Northern Ireland.

53Fees: supplementary

2

Every document purporting to be sealed with the official seal of the Supreme Court is to be received in evidence in all parts of the United Kingdom without further proof.

56Records of the Supreme Court

1

The Public Records Act 1958 (c. 51) is amended as follows.

2

In section 8 (court records)—

a

in subsection (1) after “such records” insert “other than records of the Supreme Court,”;

b

after subsection (1) insert—

1A

Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.

3

In Schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert—

za

records of the Supreme Court;

57Proceedings under jurisdiction transferred to the Supreme Court

Schedule 10 contains transitional provision relating to proceedings under jurisdiction which is transferred to the Supreme Court by this Act from the House of Lords or the Judicial Committee of the Privy Council.

58Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme Court

1

The Northern Ireland Act 1998 (c. 47) is amended as follows.

2

In Schedule 2 (excepted matters), after paragraph 11 insert—

11A

The Supreme Court.

3

In Schedule 3 (reserved matters), after paragraph 14 insert—

14A

The following matters—

a

rights of appeal to the Supreme Court;

b

legal aid for appeals to the Supreme Court.

59Renaming of Supreme Courts of England and Wales and Northern Ireland

1

The Supreme Court of England and Wales is renamed the Senior Courts of England and Wales.

2

The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.

3

The Northern Ireland Supreme Court Rules Committee is renamed the Northern Ireland Court of Judicature Rules Committee.

4

Any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the Senior Courts, the Court of Judicature or the Northern Ireland Court of Judicature Rules Committee (as the case may be).

5

Schedule 11 (which makes amendments in connection with the renaming) has effect.

6

Unless otherwise provided, amendments made by an enactment (A) (whether or not in force) to another enactment (B)—

a

are not included in references in that Schedule to enactment A;

b

are included in references in that Schedule to enactment B.

60Interpretation of Part 3

1

In this Part—

“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

“the senior judges” means—

the judges of the Supreme Court;

the Lord Chief Justice of England and Wales;

the Master of the Rolls;

the Lord President of the Court of Session;

the Lord Chief Justice of Northern Ireland;

the Lord Justice Clerk;

the President of the Queen’s Bench Division;

the President of the Family Division;

the Chancellor of the High Court;

“the Supreme Court” means the Supreme Court of the United Kingdom.

2

In this Part—

a

“high judicial office” means office as a judge of any of the following courts—

i

the Supreme Court;

ii

the Court of Appeal in England and Wales;

iii

the High Court in England and Wales;

iv

the Court of Session;

v

the Court of Appeal in Northern Ireland;

vi

the High Court in Northern Ireland;

or as a Lord of Appeal in Ordinary;

b

a person appointed to the office of Lord Chancellor on or after 12 June 2003 who holds, or held, office of a kind referred to in paragraph (a) (“the qualifying office”) is to be regarded as holding, or having held, high judicial office only if—

i

he has ceased to be Lord Chancellor by virtue of that appointment, and

ii

he holds, or held, the qualifying office otherwise than by virtue of that appointment as Lord Chancellor.

3

In this Part—

a

“ordinary judge” means a judge of the Supreme Court who is not the President or the Deputy President of the Court;

b

the senior ordinary judge at any time is, of the ordinary judges at that time, the one who has served longest as a judge of the Court (whether over one or more periods and whether or not including one or more previous periods as President or Deputy President).

4

Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of subsection (3)(b).

5

In this Part references to the Lord Chancellor notifying a selection are to be read in accordance with section 29(6).

Part 4Judicial appointments and discipline

Chapter 1Commission and Ombudsman

2

Selection must be solely on merit.

3

A person must not be selected unless the selecting body is satisfied that he is of good character.

64Encouragement of diversity

1

The Commission, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection for appointments.

2

This section is subject to section 63.

65Guidance about procedures

1

The Lord Chancellor may issue guidance about procedures for the performance by the Commission or a selection panel of its functions of—

a

identifying persons willing to be considered for selection under this Part, and

b

assessing such persons for the purposes of selection.

2

The guidance may, among other things, relate to consultation or other steps in determining such procedures.

3

The purposes for which guidance may be issued under this section include the encouragement of diversity in the range of persons available for selection.

4

The Commission and any selection panel must have regard to the guidance in matters to which it relates.

66Guidance: supplementary

1

Before issuing any guidance the Lord Chancellor must—

a

consult the Lord Chief Justice;

b

after doing so, lay a draft of the proposed guidance before each House of Parliament.

2

If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.

3

In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.

4

Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the Lord Chief Justice.

5

Guidance comes into force on such date as the Lord Chancellor may appoint by order.

6

The Lord Chancellor may—

a

from time to time revise the whole or part of any guidance and re-issue it;

b

after consulting the Lord Chief Justice, by order revoke any guidance.

7

In this section—

“40-day period” in relation to the draft of any proposed guidance means—

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and

in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;

“guidance” means guidance issued by the Lord Chancellor under section 65 and includes guidance which has been revised and re-issued.

Lord Chief Justice and Heads of Division

67Selection of Lord Chief Justice and Heads of Division

1

Sections 68 to 75 apply to a recommendation for an appointment to one of the following offices—

a

Lord Chief Justice;

b

Master of the Rolls;

c

4

Sections 70 to 75 apply where the Lord Chancellor makes a request under this section.

5

Those sections are subject to section 95 (withdrawal and modification of requests).

70Selection process

1

On receiving a request the Commission must appoint a selection panel.

2

The panel must—

a

determine the selection process to be applied,

b

apply the selection process, and

c

make a selection accordingly.

3

One person only must be selected for each recommendation to which a request relates.

4

Subsection (3) applies to selection under this section and to selection under section 75.

5

If practicable the panel must consult, about the exercise of its functions under this section, the current holder of the office for which a selection is to be made.

6

A selection panel is a committee of the Commission.

he is the current holder of the office for which a selection is to be made, or

b

he is willing to be considered for selection.

15

In this section “England and Wales Supreme Court judge” means a judge of the Supreme Court who has held high judicial office in England and Wales before appointment to the Court.

72Report

1

After complying with section 70(2) the selection panel must submit a report to the Lord Chancellor.

2

The report must—

a

state who has been selected;

b

contain any other information required by the Lord Chancellor.

3

The report must be in a form approved by the Lord Chancellor.

4

After submitting the report the panel must provide any further information the Lord Chancellor may require.

73The Lord Chancellor’s options

1

This section refers to the following stages—

Stage 1:	where a person has been selected under section 70
Stage 2:	where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:	where a person has been selected following a rejection or reconsideration at stage 2.

2

At stage 1 the Lord Chancellor must do one of the following—

a

accept the selection;

b

reject the selection;

c

require the selection panel to reconsider the selection.

3

a

may select the same person or a different person, but

b

where the requirement is following a rejection, may not select the person rejected.

4

The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.

5

Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 69.

Lords Justices of Appeal

3

A request may relate to more than one recommendation.

4

Sections 79 to 84 apply where the Lord Chancellor makes a request under this section.

5

Those sections are subject to section 95 (withdrawal and modification of requests).

79Selection process

1

On receiving a request the Commission must appoint a selection panel.

2

The panel must—

a

determine the selection process to be applied,

b

apply the selection process, and

c

make a selection accordingly.

3

One person only must be selected for each recommendation to which a request relates.

4

Subsection (3) applies to selection under this section and to selection under section 84.

5

A selection panel is a committee of the Commission.

80Selection panel

1

The selection panel must consist of four members.

2

The first member is the Lord Chief Justice, or his nominee.

3

The second member is a Head of Division or Lord Justice of Appeal designated by the Lord Chief Justice.

4

Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.

5

The fourth member is a lay member of the Commission designated by the third member.

6

Subsection (7) applies if—

a

there is no chairman of the Commission, or

b

the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

7

In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

8

A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.

9

A person may not be appointed to the panel if he is willing to be considered for selection.

10

A person may not be appointed to the panel as the nominee of more than one person.

11

A person appointed to the panel otherwise than as a nominee may not be a nominee.

12

The first member is the chairman of the panel.

13

On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

81Report

1

After complying with section 79(2) the selection panel must submit a report to the Lord Chancellor.

2

The report must—

a

state who has been selected;

b

contain any other information required by the Lord Chancellor.

3

The report must be in a form approved by the Lord Chancellor.

4

After submitting the report the panel must provide any further information the Lord Chancellor may require.

82The Lord Chancellor’s options

1

This section refers to the following stages—

Stage 1:	where a person has been selected under section 79
Stage 2:	where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:	where a person has been selected following a rejection or reconsideration at stage 2.

2

At stage 1 the Lord Chancellor must do one of the following—

a

accept the selection;

b

reject the selection;

c

86Duty to fill vacancies

1

The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14.

2

The Lord Chancellor must make an appointment to fill any vacancy in an office listed in Part 2 or 3 of that Schedule.

3

Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

87Request for selection

1

The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies.

2

Before making a request the Lord Chancellor must consult the Lord Chief Justice.

3

A request may relate to more than one recommendation or appointment.

4

Sections 88 to 93 apply where the Lord Chancellor makes a request under this section.

5

Those sections are subject to section 95 (withdrawal and modification of requests).

88Selection process

1

On receiving a request the Commission must—

a

determine the selection process to be applied,

b

apply the selection process, and

c

make a selection accordingly.

2

But if or so far as the Commission decides that the selection process has not identified candidates of sufficient merit for it to comply with subsection (1)(c), section 93 applies and subsection (1)(c) does not apply.

3

As part of the selection process the Commission must consult—

a

the Lord Chief Justice; and

b

a person (other than the Lord Chief Justice) who has held the office for which a selection is to be made or has other relevant experience.

4

One person only may be selected for each recommendation or appointment to which a request relates.

5

Subsection (4) applies to selection under this section and to selection under section 92 or 93.

89Report

1

After complying with section 88 the Commission must submit a report to the Lord Chancellor.

2

The report must—

a

describe the selection process;

b

state any selection made;

c

state any decision under section 88(2);

d

state any recommendation made in consultation under section 88(3) by a person consulted;

e

give reasons in any case where the Commission has not followed such a recommendation;

f

contain any other information required by the Lord Chancellor.

3

The report must be in a form approved by the Lord Chancellor.

4

After submitting the report the Commission must provide any further information the Lord Chancellor may require.

90The Lord Chancellor’s options

1

This section refers to the following stages—

Stage 1:	where a person has been selected under section 88
Stage 2:	where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:	where a person has been selected following a rejection or reconsideration at stage 2.

2

At stage 1 the Lord Chancellor must do one of the following—

a

accept the selection;

b

reject the selection;

c

require the Commission to reconsider the selection.

3

At stage 2 the Lord Chancellor must do one of the following—

a

accept the selection;

b

reject the selection, but only if it was made following a reconsideration at stage 1;

c

require the Commission to reconsider the selection, but only if it was made following a rejection at stage 1.

4

At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

5

6

Before exercising his powers under this section at any stage in relation to a selection for an appointment or recommendation, the Lord Chancellor must—

a

consult any person whom he is required by any enactment to consult before making the appointment or recommendation, and

b

consult the Scottish Ministers if it appears to him to be an appointment, or a recommendation for the appointment, of a person to exercise functions wholly or mainly in Scotland.

91Exercise of powers to reject or require reconsideration

1

The power of the Lord Chancellor under section 90 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned or particular functions of that office.

2

The power of the Lord Chancellor under section 90 to require the Commission to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—

a

there is not enough evidence that the person is suitable for the office concerned or particular functions of that office, or

b

there is evidence that the person is not the best candidate on merit.

3

The Lord Chancellor must give the Commission reasons in writing for rejecting or requiring reconsideration of a selection.

Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 87.

93Reconsideration of decision not to select

1

The Lord Chancellor may require the Commission to reconsider a decision that the selection process has not identified candidates of sufficient merit for it to make a selection.

2

The Commission must inform the Lord Chancellor of any person selected on reconsideration under this section.

3

Sections 90 to 92 apply to such a person as if the Commission had selected him instead of making the decision reconsidered.

any subsequent selection pursuant to that request may be made in accordance with the same or a different selection process.

97Scotland and Northern Ireland

100Complaints to the Commission or the Lord Chancellor

1

The Commission must make arrangements for investigating any Commission complaint made to it.

2

The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

3

Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

101Complaints to the Ombudsman

1

Subsections (2) and (3) apply to a complaint which the complainant—

a

has made to the Commission or the Lord Chancellor in accordance with arrangements under section 100, and

b

makes to the Ombudsman not more than 28 days after being notified of the Commission’s or Lord Chancellor’s decision on the complaint.

2

If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

3

Otherwise he must investigate the complaint.

4

The Ombudsman may investigate a complaint which the complainant—

a

has made to the Commission or the Lord Chancellor in accordance with arrangements under section 100, and

b

makes to the Ombudsman at any time.

5

The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

6

The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty’s Commissioners for Judicial Appointments.

7

A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of appointment procedures before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

8

Any complaint to the Ombudsman under this section must be in a form approved by him.

102Report and recommendations

1

The Ombudsman must prepare a report on any complaint he has investigated under section 101.

2

The report must state—

a

what findings the Ombudsman has made;

b

whether he considers the complaint should be upheld in whole or part;

c

if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

3

The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

4

Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

which relates to an identified or identifiable individual other than the complainant, and

b

whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 139.

104References by the Lord Chancellor

1

If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.

2

The matter may relate to such procedures generally or in a particular case.

3

The Ombudsman must report to the Lord Chancellor on any investigation under this section.

4

The report must state—

a

what findings the Ombudsman has made;

b

what if any action he recommends should be taken by any person in relation to the matter.

5

The report must be signed by the Ombudsman.

105Information

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of any investigation by him under section 101 or 104.

Miscellaneous

106Consultation on appointment of lay justices

In section 10 of the Courts Act 2003 (c. 39) (appointment of lay justices etc.) after subsection (2) insert—

2A

The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsections (1) and (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.

in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

b

in the case of the Commissioners of Customs and Excise, to a customs officer.

9

For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

Chapter 3Discipline

b

is subject to prescribed procedures.

8

While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).

109Disciplinary powers: interpretation

1

This section has effect for the purposes of section 108.

2

A person is subject to criminal proceedings if in any part of the United Kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed.

3

A person is subject to proceedings for an Address from the time when notice of a motion is given in each House of Parliament for an Address for the removal of the person from office, until the earliest of the following events—

a

either notice is withdrawn;

b

either motion is amended so that it is no longer a motion for an address for removal of the person from office;

c

either motion is withdrawn, lapses or is disagreed to;

d

where an Address is presented by each House, a message is brought to each House from Her Majesty in answer to the Address.

4

“Judicial office” means—

a

office as a senior judge, or

b

an office listed in Schedule 14;

In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function—

“interested party” means—

the judicial office holder in relation to whose conduct the function is exercised, or

any person who has made a complaint about that conduct in accordance with prescribed procedures;

“permitted period” means the period of 28 days beginning with the latest of—

the failure or other maladministration alleged by the applicant;

where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation;

where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination.

10

References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.

for a previous investigation or review to be taken into account to any extent, or

b

for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.

8

This section is subject to section 112.

112Reports on reviews

1

In this section references to the Ombudsman’s response to an application are references to the findings and decisions referred to in section 111(1).

2

Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.

3

The draft report must state the Ombudsman’s proposed response.

4

The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

5

If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman’s response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

6

The Ombudsman must produce a final report that sets out—

a

the Ombudsman’s response to the application, including any changes made to it to give effect to a proposal under subsection (5);

b

a statement of any proposal under subsection (5) that is not given effect to.

7

The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

8

The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—

a

which relates to an identified or identifiable individual other than the applicant, and

b

whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 139.

9

Each copy must be signed by the Ombudsman.

10

No part of the Ombudsman’s response to an application has effect until he has complied with subsections (2) to (9).

113References to the Ombudsman relating to conduct

1

The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.

2

A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.

114Reports on references

1

Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.

2

If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.

3

The draft report must state the Ombudsman’s proposals as to—

a

the findings he will make;

b

any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.

4

Those findings and recommendations are referred to in this section as the Ombudsman’s response on the investigation.

5

The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

6

If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman’s response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

7

The Ombudsman must produce a final report that sets out—

a

the Ombudsman’s response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);

b

a statement of any proposal under subsection (6) that is not given effect to.

8

The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

9

Each copy must be signed by the Ombudsman.

General

115Regulations about procedures

The Lord Chief Justice may, with the agreement of the Lord Chancellor, make regulations providing for the procedures that are to be followed in—

a

the investigation and determination of allegations by any person of misconduct by judicial office holders;

b

reviews and investigations (including the making of applications or references) under sections 110 to 112.

Nothing in this section limits the generality of section 115.

117Procedural rules

1

Regulations under section 115 may provide for provision of a prescribed description that may be included in the regulations to be made instead by rules made by the Lord Chief Justice with the agreement of the Lord Chancellor.

2

But the provision that may be made by rules does not include—

a

provision within section 116(2);

b

provision made for the purposes of section 108(7) or (8) or 116(3).

3

The rules are to be published in such manner as the Lord Chief Justice may determine with the agreement of the Lord Chancellor.

118Extension of discipline provisions to other offices

1

This Chapter applies in relation to an office designated by the Lord Chancellor under this section as it would apply if the office were listed in Schedule 14.

2

The Lord Chancellor may by order designate any office, not listed in Schedule 14, the holder of which he has power to remove from office.

3

An order under this section may be made only with the agreement of the Lord Chief Justice.

119Delegation of functions

b

section 111(2);

c

section 112;

d

section 116(3)(b).

section 112;

d

section 116(3)(b).

Chapter 4Interpretation of Part 4

122Interpretation of Part 4

In this Part—

“appoint” includes nominate or designate (and “appointment” is to be read accordingly);

the “Commission” means the Judicial Appointments Commission;

“Head of Division” means any of these—

the Master of the Rolls;

the President of the Queen’s Bench Division;

the President of the Family Division;

the Chancellor of the High Court;

“High Court” means the High Court in England and Wales;

“high judicial office” has the meaning given by section 60;

“lay member” of the Commission has the meaning given by paragraph 4 of Schedule 12;

“Lord Chief Justice”, unless otherwise stated, means the Lord Chief Justice of England and Wales;

“Lord Justice of Appeal” means a Lord Justice of Appeal in England and Wales;

“office” includes a position of any description;

the “Ombudsman” means the Judicial Appointments and Conduct Ombudsman;

“prescribed” means prescribed by regulations under section 115 or, subject to section 117(2), by rules under section 117;

“vacancy” in relation to an office to which one of sections 68, 77 and 86 applies, means a vacancy arising on a holder of the office vacating it at any time after the commencement of that section.

Part 5Judicial Appointments and Removals: Northern Ireland

Chapter 1Appointments

Disclosure of information to Commission

123Disclosure of information to the Northern Ireland Judicial Appointments Commission

1

The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as follows.

2

After section 5 of the 2002 Act insert—

5ADisclosure of information to the Commission

1

Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under section 5.

2

A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

3

But nothing in this section authorises the making of a disclosure—

a

which contravenes the Data Protection Act 1998, or

b

which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

4

This section does not affect a power to disclose which exists apart from this section.

5

The following are permitted persons—

a

a chief officer of police of a police force in England and Wales;

b

a chief constable of a police force in Scotland;

c

the Chief Constable of the Police Service of Northern Ireland;

d

the Director General of the National Criminal Intelligence Service;

e

the Director General of the National Crime Squad;

f

the Commissioners of Inland Revenue;

g

the Commissioners of Customs and Excise.

6

The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

7

Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

8

The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

a

in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

b

in the case of the Commissioners of Customs and Excise, to a customs officer.

9

For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

Ombudsman

124Northern Ireland Judicial Appointments Ombudsman

1

The italic cross-heading before section 9 of the 2002 Act is omitted.

2

After that section insert—

The Ombudsman

9AJudicial Appointments Ombudsman

1

There is to be a Northern Ireland Judicial Appointments Ombudsman.

2

The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.

3

Schedule 3A makes further provision about the Ombudsman.

3

Schedule 15 inserts Schedule 3A to the 2002 Act.

Complaints and references

125Complaints: interpretation

After section 9A of the 2002 Act insert—

9BComplaints: interpretation

1

This section applies for the purposes of this Part.

2

A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

3

A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or the Northern Ireland Court Service in connection with any of the following—

a

recommendation for or appointment to a listed judicial office;

b

appointment under section 2 of the Taxes Management Act 1970 as a Commissioner for the general purposes of the income tax for Northern Ireland.

4

A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.

126Complaints to the Commission or the Lord Chancellor

After section 9B of the 2002 Act insert—

9CComplaints to the Commission or the Lord Chancellor

1

The Commission must make arrangements for investigating any Commission complaint made to it.

2

The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

3

Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

127Complaints to the Ombudsman

After section 9C of the 2002 Act insert—

9DComplaints to the Ombudsman

1

Subsections (2) and (3) apply to a complaint which the complainant—

a

has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and

b

makes to the Ombudsman not more than 28 days after being notified of the Commission’s or Lord Chancellor’s decision on the complaint.

2

If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

3

Otherwise he must investigate the complaint.

4

The Ombudsman may investigate a complaint which the complainant—

a

has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and

b

makes to the Ombudsman at any time.

5

The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

6

The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty’s Commissioners for Judicial Appointments.

7

A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

8

Any complaint to the Ombudsman under this section must be in a form approved by him.

128Report and recommendations

After section 9D of the 2002 Act insert—

9EReport and recommendations

1

The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

2

The report must state—

a

what findings the Ombudsman has made;

b

whether he considers the complaint should be upheld in whole or part;

c

if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

3

The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

4

Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

129Report procedure

After section 9E of the 2002 Act insert—

9FReport procedure

1

This section applies to a report under section 9E.

2

The Ombudsman must submit a draft of the report—

a

to the Lord Chancellor, and

b

if the complaint was a Commission complaint, to the Commission.

3

In finalising the report the Ombudsman—

a

must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report;

b

must include in the report a statement of any such proposal not given effect to.

4

The report must be signed by the Ombudsman.

5

If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.

6

Otherwise the Ombudsman must send the report to the Lord Chancellor.

7

The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

a

which relates to an identified or identifiable individual other than the complainant, and

b

whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.

130References by the Lord Chancellor

After section 9F of the 2002 Act insert—

9GReferences by the Lord Chancellor

1

If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.

2

The matter may relate to such procedures generally or in a particular case.

3

The Ombudsman must report to the Lord Chancellor on any investigation under this section.

4

The report must state—

a

what findings the Ombudsman has made;

b

what if any action he recommends should be taken by any person in relation to the matter.

5

The report must be signed by the Ombudsman.

131Information

After section 9G of the 2002 Act insert—

9HInformation

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D or 9G.

132Confidentiality in relation to judicial appointments and discipline

After section 9H of the 2002 Act insert—

9IConfidentiality in relation to judicial appointments and discipline

1

A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

2

These are the relevant provisions—

a

section 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);

b

sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);

c

sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);

d

section 16 of this Act (complaints about judicial officers);

3

Information is confidential if it relates to an identified or identifiable individual (a “subject”).

4

Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

a

the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));

b

the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;

c

the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

5

An opinion or other information given by one identified or identifiable individual (A) about another (B)—

a

is information that relates to both;

b

must not be disclosed to B without A’s consent.

6

This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

7

This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

8

A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

9

But it is actionable only at the suit of a person who is a subject of the information.

Transfer of functions of justices of the peace

Chapter 2Removals

133Removal from most senior judicial offices

In the Judicature (Northern Ireland) Act 1978 (c. 23) before section 13 insert—

12BTenure of office

1

The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).

2

Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.

3

A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—

a

to the House of Commons only by the Prime Minister; and

b

to the House of Lords only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request.

4

No motion for the presentation of such an address may be made unless a tribunal convened under section 135 of the Constitutional Reform Act 2005 has reported to the Lord Chancellor recommending that the person be removed from the office on the ground of misbehaviour.

5

The Prime Minister shall lay a copy of the report before the House of Commons before making a motion for the presentation of an address in that House; and a person making such a motion in the House of Lords shall lay a copy of the report before that House before making the motion.

6

If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.

7

If a person is suspended from an office under subsection (6), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).

134Removal from listed judicial offices

1

A person holding a listed judicial office other than as a judge of the High Court may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

2

The power to remove or suspend him is exercisable by the Lord Chancellor.

3

He may only be removed if a tribunal convened under section 135 has reported to the Lord Chancellor recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

4

He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Lord Chancellor that he be suspended.

5

He may not be removed or suspended except after consultation with the Lord Chief Justice.

6

If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

the tribunal is to consider his removal from office;

and in such a case its procedure is to be determined by its chairman.

11

The Lord Chancellor may pay to a member of a tribunal any such allowances or fees as he may determine.

136Interpretation of Part 5

In this Part—

“listed judicial office” means an office listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

“Lord Chief Justice”, unless otherwise stated, means the Lord Chief Justice of Northern Ireland;

“Lord Justice of Appeal” means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23);

“protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.

Part 6Other provisions relating to the judiciary

137Parliamentary disqualification

1

In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (judicial offices disqualifying for membership) at the beginning insert—

Judge of the Supreme Court.

2

In Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (judicial offices disqualifying for membership) at the beginning insert—

Judge of the Supreme Court.

In this Act “enactment” includes—

a

an enactment contained in this Act;

b

an enactment contained in a local, personal or private Act;

c

except in sections 19 and 143, an enactment contained in subordinate legislation;

and any reference to an enactment includes a reference to an enactment whenever passed or made.

2

In section 22 “enactment” also includes an enactment contained in, or in an instrument made under, Northern Ireland legislation.

3

In Part 3 “enactment” also includes—

a

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

b

an enactment contained in, or in an instrument made under, Northern Ireland legislation.

4

In sections 19, 21 and 143 and in paragraph 3 of Schedule 7 “enactment” also includes—

a

an enactment contained in Northern Ireland legislation;

b

an enactment contained in a Measure of the Church Assembly or of the General Synod of the Church of England.

141“Subordinate legislation”

1

In this Act “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

2

In sections 19 and 143 “subordinate legislation” also includes an enactment contained in an instrument made under Northern Ireland legislation.

142General interpretation

In this Act—

“functions” includes powers and duties;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

143Supplementary provision etc

1

The Lord Chancellor may by order make—

a

any supplementary, incidental or consequential provision, and

b

any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

2

An order under this section may in particular—

a

provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order;

b

amend or repeal any of the following—

i

an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

ii

subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

iii

any other instrument or document, including a prerogative instrument;

c

amend or repeal an enactment or subordinate legislation, whenever passed or made, in consequence of section 59.

3

The amendments that may be made by virtue of subsection (2)(b) are in addition to those made by or under any other provision of this Act.

4

In this section “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.

144Orders and regulations

1

Any power of a Minister of the Crown to make an order or regulations under this Act is exercisable by statutory instrument, except where subsection (2) applies.

2

Any power of the Lord Chancellor to make an order under section 19(1) or 143 amending an enactment contained in, or in an instrument made under, Northern Ireland legislation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

3

Regulations under section 115, 120(5) or 121(5) are to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the regulations were made by a Minister of the Crown.

4

A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

5

Subsection (4) applies to a statutory instrument which contains any of the following—

a

an order under section 85(3)(a) or (b) which amends Part 1 of Schedule 14;

b

an order under section 19(1) which amends a public general Act, except where the only such amendment is the inclusion in Schedule 7 of a function of the Lord Chancellor;

c

an order under section 19(1) which amends subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, except where the only such amendment consists of provision that falls within subsection (2)(b) of section 19;

d

an order under section 143 which amends a public general Act;

e

an order under paragraph 5 of Schedule 12.

6

In any other case a statutory instrument containing an order or regulations under this Act, unless it contains only an order under section 66(5) or 148, is subject to annulment in pursuance of a resolution of either House of Parliament.

7

A statutory rule made under a power to which subsection (2) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

145Minor and consequential amendments

Schedule 17 (minor and consequential amendments) has effect.

146Repeals and revocations

The provisions listed in Schedule 18 are repealed or revoked to the extent specified.

147Extent

1

Sections 7, 8 and 9 extend to England and Wales only.

2

Section 6 and Part 5 extend to Northern Ireland only.

3

Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

4

Subject to subsections (1) to (3), this Act extends to Northern Ireland.

148Commencement

1

This Act, except the following provisions, comes into force in accordance with provision to be made by the Lord Chancellor by order.

2

The provisions excepted from subsection (1) are—

a

section 4;

b

sections 18 to 22;

c

sections 140 to 144;

d

section 147;

e

this section;

f

section 149;

g

Schedules 6 and 7.

3

Section 4 comes into force in accordance with provision to be made by the Secretary of State by order.

4

An order by which section 23(1) comes into force at any time may not be made unless the Lord Chancellor is satisfied that the Supreme Court will at that time be provided with accommodation in accordance with written plans that he has approved.

5

The Lord Chancellor may approve plans only if, having consulted the Lords of Appeal in Ordinary holding office at the time of the approval, he is satisfied that accommodation in accordance with the plans will be appropriate for the purposes of the Court.

6

An order under this section may make different provision for different purposes.

149Short title

This Act may be cited as the Constitutional Reform Act 2005.

SCHEDULES

SCHEDULE 1Powers to make rules

Section 12

Part 1The process

1Interpretation

In this Part “designated rules” means rules under another Act which are, by virtue of provision in that Act, to be made in accordance with this Part.

The process

2

1

It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules.

2

The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)—

a

to make designated rules generally, or

b

to make designated rules under a particular enactment.

3

In this Part—

a

“judicial office holder” has the same meaning as in section 109(4);

b

references to the Lord Chief Justice’s nominee, in relation to designated rules, mean a judicial office holder nominated by the Lord Chief Justice under sub-paragraph (1) to make those rules.

3

1

The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor.

2

If the Lord Chancellor does not agree designated rules made by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the rules.

4

1

Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor—

a

come into force on such day as the Lord Chancellor directs, and

b

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

2

A statutory instrument containing designated rules is subject to annulment in pursuance of a resolution of either House of Parliament.

5

1

This paragraph applies if the Lord Chancellor gives the Lord Chief Justice, or his nominee, written notice that he thinks it is expedient for designated rules to include provision that would achieve a purpose specified in the notice.

2

The Lord Chief Justice, or his nominee, must make such designated rules as he considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice under sub-paragraph (1);

b

made in accordance with the provisions of this Part.

Part 2Rule-making powers subject to the process in Part 1

6Trustee Act 1925 (c. 19)

In section 54 of the Trustee Act 1925 (jurisdiction in regard to mental patients), for the paragraph after subsection (2)(d) substitute—

2A

Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 with respect to the exercise of the jurisdiction referred to in subsection (2).

7Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (6A)(a) for “by the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

8Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

1

Section 5 of the Reserve and Auxiliary Forces (Protection of Civilian Interests) Act 1951 (appropriate courts and procedure) is amended as follows.

2

In subsection (2) for “The Lord Chancellor may also make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

3

In subsections (3) to (5) for “Rules so made” substitute “Rules under subsection (2)”.

4

In subsection (6) for “this section” substitute “subsection (1)”.

9Courts-Martial (Appeals) Act 1968 (c. 20)

1

Section 49 of the Courts-Martial (Appeals) Act 1968 (rules of court) is amended as follows.

2

In subsection (1) for “by the Lord Chief Justice with the approval of the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

3

In subsection (2) for “Lord Chief Justice” substitute “person making the rules”.

4

Omit subsections (3) and (4).

10Adoption Act 1976 (c. 36)

In section 66 of the Adoption Act 1976 (rules of procedure), in subsection (1) for “by the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

Supreme Court Act 1981 (c. 54)

11

The Supreme Court Act 1981 is amended as follows.

12

1

Section 127 (probate rules) is amended as follows.

2

In subsection (1) for the words from the beginning to “for regulating” substitute “Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating”.

3

Omit subsection (3).

13

1

Section 136 (production of documents filed in, or in custody of, Supreme Court) is amended as follows.

2

In subsection (1) for the words from the beginning to “make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

3

In subsection (2)(b) for “Lord Chancellor” substitute “person making the rules”.

4

Omit subsection (3).

Mental Health Act 1983 (c. 20)

14

The Mental Health Act 1983 is amended as follows.

15

In section 108 (general provisions as to rules under Part 7), after subsection (1) (as substituted by paragraph 129(2) of Schedule 4) insert—

1A

Rules under any other provision of this Part of this Act are to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

16

In section 143 (general provisions as to regulations, orders and rules), after subsection (3) insert—

4

This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

17County Courts Act 1984 (c. 28)

1

Section 38 of the County Courts Act (remedies available in county courts) is amended as follows.

2

Omit subsection (4)(c).

3

After subsection (4) insert—

4A

If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.

18Matrimonial and Family Proceedings Act 1984 (c. 42)

In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), in the second paragraph of subsection (2)—

a

in paragraph (a) omit “by the Lord Chancellor”;

b

in paragraph (b) omit “by the President of the Family Division with the concurrence of the Lord Chancellor”.

Coroners Act 1988 (c. 13)

19

The Coroners Act 1988 is amended as follows.

20

In section 11 (proceedings at inquest), for subsection (5)(c) substitute—

c

shall be in such form as may be prescribed in rules made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

21

1

Section 32 (power to make rules) is amended as follows.

2

In subsection (1) for “The Lord Chancellor may, with the concurrence of the Secretary of State, make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

3

In subsection (3) for “of the Lord Chancellor under this section to make rules” substitute “to make rules under this section”.

4

Omit subsection (4).

Family Law Act 1996 (c. 27)

22

The Family Law Act 1996 is amended as follows.

23

1

For the title to section 12 substitute “Rules about procedure”.

2

In subsection (1) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

3

In subsection (2) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

24

In section 65 (rules, regulations and orders), in subsection (5) after “does not apply” insert “to rules made under section 12 or”.

25

The power to amend or repeal enactments that is referred to in section 109(5)(b) of the Courts Act 2003 (c. 39) may be exercised in relation to sections 12 and 65 of the Family Law Act 1996 (c. 27) as amended by paragraphs 24 and 25 of this Schedule.

Adoption and Children Act 2002 (c. 38)

26

1

The Adoption and Children Act 2002 is amended as follows.

2

Those amendments do not have effect at any time after the amendments made to the Adoption and Children Act 2002 by paragraph 413 of Schedule 8 to the Courts Act 2003 have come into force.

27

In section 141 (rules of procedure), in subsection (1) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

28

In section 142 (supplementary and consequential provision), in subsection (4) for “this Act or” substitute “this Act, any power to make rules under section 141 or any power”.

29Courts Act 2003 (c. 39)

In section 76 of the Courts Act 2003 (further provision about scope of Family Procedure Rules) omit “by the President of the Family Division, with the concurrence of the Lord Chancellor,”.

SCHEDULE 2Powers to give directions

Section 13

Part 1The process

1Interpretation

In this Part “designated directions” means directions under another Act which are, by virtue of provision in that Act, to be made or given in accordance with this Part.

The process

2

1

It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make or give designated directions.

2

The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)—

a

to make or give designated directions generally, or

b

to make or give designated directions under a particular enactment.

3

In this Part—

a

“judicial office holder” has the same meaning as in section 109(4);

b

references to the Lord Chief Justice’s nominee, in relation to designated directions, mean a judicial office holder nominated by the Lord Chief Justice under sub-paragraph (1) to make or give those directions.

3

1

The Lord Chief Justice, or his nominee, may make or give designated directions only with the agreement of the Lord Chancellor.

2

Sub-paragraph (1) does not apply to designated directions to the extent that they consist of guidance about any of the following—

a

the application or interpretation of the law;

b

the making of judicial decisions.

3

Sub-paragraph (1) does not apply to designated directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be made or given only after consulting the Lord Chancellor.

4

If sub-paragraph (1) applies but the Lord Chancellor does not agree designated directions made or given by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the directions.

Part 2Powers of direction subject to the process in Part 1

4Courts-Martial (Appeals) Act 1968 (c. 20)

1

Section 4 of the Courts-Martial (Appeals) Act 1968 is amended as follows.

2

In subsection (1) for “by the Lord Chief Justice with the consent of the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

3

In subsection (2) for “If the Lord Chief Justice so directs” substitute “If such directions so provide”.

4

In subsection (3) for “the Lord Chief Justice shall direct” substitute “such directions may provide”.

5Supreme Court Act 1981 (c. 54)

In section 124 of the Supreme Court Act 1981 (place for deposit of original wills and other documents), for “as the Lord Chancellor may direct” substitute “as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

6Civil Procedure Act 1997 (c. 12)

For section 5 of the Civil Procedure Act 1997 substitute—

5Practice directions

1

Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

2

Practice directions given otherwise than under subsection (1) may not be given without the approval of—

a

the Lord Chancellor, and

b

the Lord Chief Justice.

3

Practice directions (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules.

4

The power to give practice directions under subsection (1) includes power—

a

to vary or revoke directions given by any person;

b

to give directions containing different provision for different cases (including different areas);

c

to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

5

Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

a

the application or interpretation of the law;

b

the making of judicial decisions.

6

Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

a

after consulting the Lord Chancellor, and

b

with the approval of the Lord Chief Justice.

Courts Act 2003 (c. 39)

7

The Courts Act 2003 is amended as follows.

8

1

Section 74 (practice directions as to practice and procedure of criminal courts) is amended as follows.

2

In subsection (1) for “The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give directions” substitute “Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

3

In subsection (2) for the words from “may not be given” to the end substitute

given otherwise than under subsection (1) may not be given without the approval of—

a

the Lord Chancellor, and

b

the Lord Chief Justice.

4

In subsection (3)(a) for “by the Lord Chief Justice or any other person” substitute “under subsection (1) or otherwise”.

5

For subsection (4) substitute—

4

Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

a

the application or interpretation of the law;

b

the making of judicial decisions.

5

Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

a

after consulting the Lord Chancellor, and

b

with the approval of the Lord Chief Justice.

9

1

Section 81 (practice directions relating to family proceedings) is amended as follows.

2

In subsection (1) for “The President of the Family Division may, with the concurrence of the Lord Chancellor, give directions” substitute “Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

3

In subsection (2) for the words from “may not be given” to the end substitute

given otherwise than under subsection (1) may not be given without the approval of—

a

the Lord Chancellor, and

b

the Lord Chief Justice.

4

In subsection (3)(a) for “by the President of the Family Division or any other person” substitute “under subsection (1) or otherwise”.

5

After subsection (3) insert—

4

Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

a

the application or interpretation of the law;

b

the making of judicial decisions.

5

Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

a

after consulting the Lord Chancellor, and

b

with the approval of the Lord Chief Justice.

SCHEDULE 3Transfer of appointment functions to Her Majesty

Section 14

District Judges

1

For section 6 of the County Courts Act 1984 (c. 28) substitute—

6District judges

1

Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

2

The Lord Chief Justice, after consulting the Lord Chancellor—

a

must assign each district judge to one or more districts;

b

may change an assignment so as to assign the district judge to a different district or districts.

3

A reference in any enactment or other instrument to the district judge for a district or of a county court is a reference to any district judge assigned to the district concerned.

4

Every district judge is, by virtue of his office, capable of acting in any district whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

5

A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury.

6

A salary payable under this section may be increased but not reduced by a determination or further determination under this section.

2

That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district or districts for which he was appointed.

2

1

For sections 100 and 101 of the Supreme Court Act 1981 (c. 54) substitute—

100District judges

1

The Lord Chief Justice, after consulting the Lord Chancellor—

a

may assign a district judge to one or more district registries;

b

may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).

2

A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.

3

Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

4

Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.

2

3

In section 102 of that Act (deputy district judges) for subsection (4) substitute—

4

A person appointed to be a deputy district judge in a district registry has, while acting under this section, the same jurisdiction as a district judge assigned to that registry.

High Court Masters and Registrars

3

1

Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is amended as follows.

2

In subsection (1), for the words from “the Lord Chancellor” to the end substitute “Her Majesty.”

3

After that subsection insert—

1A

The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury.

4

For subsection (3) substitute—

3

Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).

3A

A person may be appointed to a senior office only if—

a

he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or

b

he does not hold the qualifying office but could be appointed to it in compliance with section 88.

3B

Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.

3C

This is the table referred to in subsections (3) and (3A)—

Senior office

Qualifying office

Senior Master of the Queen’s Bench Division

Master of the Queen’s Bench Division

Chief Chancery Master

Master of the Chancery Division

Chief Taxing Master

Taxing master of the Senior Courts

Chief Bankruptcy Registrar

Registrar in bankruptcy of the High Court

Senior District Judge of the Family Division

Registrar of the Principal Registry of the Family Division

Senior office	Qualifying office
Senior Master of the Queen’s Bench Division	Master of the Queen’s Bench Division
Chief Chancery Master	Master of the Chancery Division
Chief Taxing Master	Taxing master of the Senior Courts
Chief Bankruptcy Registrar	Registrar in bankruptcy of the High Court
Senior District Judge of the Family Division	Registrar of the Principal Registry of the Family Division

5

Before subsection (8) insert—

7A

A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury.

7B

A salary payable under or by virtue of this section—

a

may in any case be increased, but

b

may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

by a determination or further determination under this section.

4

In section 93(2) of the Mental Health Act 1983 (c. 20) (Court of Protection) for “the Lord Chancellor” substitute “Her Majesty”.

Senior District Judge (Chief Magistrate)

5

In section 23 of the Courts Act 2003 (c. 39) (Senior District Judge (Chief Magistrate))—

a

for “The Lord Chancellor” substitute “Her Majesty”;

b

for “he” substitute “she”.

6

In section 10A(2) of the Justices of the Peace Act 1997 (c. 25) (until the coming into force of the repeal of that Act by the Courts Act 2003) for “The Lord Chancellor” substitute “Her Majesty”.

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Section 15

Part 1Amendments

1Ecclesiastical Licences Act 1533 (c. 21)

1

In section 11 of the Ecclesiastical Licences Act 1533 (refusal of archbishop to grant licences etc.) any reference to the Lord Chancellor or Lord Keeper of the Great Seal (however expressed) is to be read as a reference to the Chancellor of the High Court.

2

The Chancellor of the High Court may nominate another judge of that court to exercise his functions under that section.

Habeas Corpus Act 1679 (c. 2)

2

The Habeas Corpus Act 1679 is amended as follows.

3

In section 1 (bringing before Lord Chancellor or other judges) omit “the lord chauncelior or lord keeper of the great seale of England for the time being or”.

4

In section 2 (appeal to Lord Chancellor or other judges) omit—

a

“the lord chauncellour or lord keeper or” in each place;

b

“lord chauncellor lord keeper”;

c

“the said lord chauncellor or lord keeper or” in the first and second places;

d

“lord chauncellor or lord keeper or” in the last place.

5

In section 9 (Lord Chancellor or other judge unduly denying writ) omit “the said lord chauncellor or lord keeper or”.

6Cestui que Vie Act 1707 (c. 72)

Any reference to the Lord Chancellor and keeper or commissioners for the custody of the great seal of Great Britain for the time being in section 1 of the Cestui que Vie Act 1707 is to be construed as a reference to a judge of the Chancery Division of the High Court.

Pluralities Act 1838 (c. 106)

7

The Pluralities Act 1838 is amended as follows.

8

1

Section 126 (consent of patron etc. where patronage in the Crown) is amended as follows.

2

For the words from “if such benefice shall be above” to “great seal” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which the power shall be exercised shall be executed by, and any such notice shall be given to, the Prime Minister”.

3

Omit “or persons”.

9

1

Section 128 (consent of patron etc. where patronage attached to duchy of Cornwall) is amended as follows.

2

For the words from “the same” to “benefice in the patronage of the crown” substitute “the Prime Minister, in accordance with section 126”.

3

Omit “or persons” in the second place.

Ecclesiastical Leasing Act 1842 (c. 108)

10

The Ecclesiastical Leasing Act 1842 is amended as follows.

11

1

Section 22 (consent of patron where patronage in the Crown) is amended as follows.

2

For the words from “if such benefice shall be above” to “great seal,” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which such consent or concurrence is to be testified shall be executed by the Prime Minister”.

3

Omit “or persons”.

12

In section 23 (consent of patron where patronage attached to duchy of Cornwall), for the words from “the same” to “concurrence of the crown” substitute “the Prime Minister, in accordance with section 22”.

13Public Notaries Act 1843 (c. 90)

1

Section 5 of the Public Notaries Act 1843 (refusal of master of faculties to grant a faculty) is amended as follows.

2

For “chancellor of England or the lord keeper of the great seal” substitute “Chancellor of the High Court”.

3

At the end of that section insert—

The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section.

4

This paragraph is subject to section 2(3) and (4) of the Statute Law (Repeals) Act 1998 (repeals relating to Isle of Man and Channel Islands).

14Inclosure Act 1859 (22 & 23 Vict. c. 43)

In section 12 of the Inclosure Act 1859 (adaptation of references to patron where patronage is in the Crown) for the words from “Lord High” to “Great Seal” substitute “Prime Minister”.

15British Law Ascertainment Act 1859 (c. 63)

In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit “the Lord Chancellor,”.

16Promissory Oaths Act 1871 (c. 48)

1

Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39)) is amended as follows.

2

In the paragraph beginning “In England and Wales” for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.

3

After that paragraph insert—

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under the preceding paragraph.

4

After the paragraph beginning “In Ireland” insert—

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

17Stannaries Court (Abolition) Act 1896 (c. 45)

1

Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-Warden’s Court) is amended as follows.

2

In subsection (1) after “may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

18Judicial Committee Act 1915 (c. 92)

1

Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee of the Privy Council to sit in more than one division at the same time) is amended as follows.

2

In subsection (1) for “Lord Chancellor” substitute “President of the Supreme Court of the United Kingdom”.

19Administration of Justice Act 1925 (c. 28)

1

Section 22 of the Administration of Justice Act 1925 (registration of deeds of arrangement) is amended as follows.

2

In subsection (5) for “by the Lord Chancellor with the concurrence” substitute “by the Lord Chief Justice with the concurrence of the Lord Chancellor and”.

3

After subsection (5) insert—

5A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (5).

20Children and Young Persons Act 1933 (c. 12)

1

Section 45 of the Children and Young Persons Act 1933 (youth courts) (as amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows.

2

In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”.

3

In subsection (4) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.

4

In subsection (5) after “Lord Chancellor” insert “or Lord Chief Justice”.

5

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or his powers under rules under subsection (4).

Compensation (Defence) Act 1939 (c. 75)

21

1

The Compensation (Defence) Act 1939 is amended as follows.

2

For the title to section 9 substitute “Incidental powers of tribunals and rules of procedure”.

3

Omit section 9(1)(a) (powers of tribunals to make rules of procedure).

4

After section 9(1) insert—

1A

Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act.

1B

Such rules are to be made as follows—

a

if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor;

b

if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session;

c

if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

5

In subsection (2) for the words from the beginning to “subsection” substitute “Such rules”.

6

After subsection (3) insert—

4

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

5

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

22

In section 18 (application to Scotland and Northern Ireland)—

a

omit subsection (2);

b

for subsection (4) substitute—

4

Sections seven and nine of this Act shall have effect with these modifications—

a

in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session;

b

in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.

23London Building Acts (Amendment) Act 1939 (c. xcvii)

1

Section 109 of the London Building Acts (Amendment) Act 1939 (constitution etc of tribunal appeal) is amended as follows.

2

In subsection (1)(i) for “if he thinks fit” substitute “, if he thinks fit and if the Lord Chief Justice agrees,”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Pensions Appeal Tribunals Act 1943 (c. 39)

24

The Pension Appeal Tribunals Act 1943 is amended as follows.

25

In section 6D (procedure in proceedings before Commissioner), after subsection (8) insert—

9

In the application of this section to Northern Ireland—

a

for any reference to the Social Security Act 1998 there shall be substituted a reference to the Social Security (Northern Ireland) Order 1998;

b

for any reference to section 16 of that Act there shall be substituted a reference to Article 16 of that Order.

26

Omit section 13 (application to Scotland).

27

Omit section 14 (application to Northern Ireland).

28

1

The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows.

2

For paragraph 1 substitute—

1

1

There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

2

There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

3

There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

4

The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1).

5

The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).

3

In paragraph 2 (membership)—

a

in sub-paragraph (1) for “appointed by the Lord Chancellor” substitute

appointed—

a

in relation to England and Wales, by the Lord Chancellor;

b

in relation to Scotland, by the Lord President of the Court of Session;

c

in relation to Northern Ireland, by the Lord Chancellor

b

in sub-paragraph (2A) for “sub-paragraphs (3)” substitute “sub-paragraphs (3A), (3B)”;

c

for sub-paragraph (3) substitute—

3A

The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a).

3B

The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).

d

in sub-paragraph (4) for “sub-paragraph (3)” substitute “sub-paragraphs (3A) and (3B)”.

4

In paragraph 2A (persons to be appointed to Tribunals)—

a

in sub-paragraph (1) for the words from “The Lord Chancellor” to “paragraph 2 above” substitute “Any person making appointments under paragraph 2 shall ensure that the appointments”;

b

in sub-paragraph (4) for the words from “In making” to “the Lord Chancellor” substitute “It shall be the duty of any person making an appointment under paragraph 2”.

5

In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.

6

In paragraph 5 (rules)—

a

in sub-paragraph (1) for “the Lord Chancellor may make rules” substitute “rules may be made”;

b

for “Lord Chancellor” in the second place substitute “person making them”;

c

after sub-paragraph (1) insert—

1A

Such rules are to made by the following person—

a

if the rules relate to England and Wales, by the Lord Chancellor;

b

if the rules relate to Scotland, by the Lord President of the Court of Session;

c

if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.

d

in sub-paragraph (4)(b) after “Lord Chancellor” insert “, or in relation to Scotland by the Lord President of the Court of Session, in either case”.

7

Before paragraph 8 insert—

7B

1

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under paragraph 1.

2

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under any of the provisions listed in sub-paragraph (3).

3

Those provisions are—

a

paragraph 3C(2)(b);

b

paragraph 5(1A)(b).

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

5

Those provisions are—

a

paragraph 1;

b

paragraph 3C(2)(c);

c

paragraph 5(1A)(c).

Agriculture Act 1947 (c. 48)

29

The Agriculture Act 1947 is amended, or has effect, as follows.

30

In section 73 (establishment, constitution and procedure of Agricultural Land Tribunals), in subsection (1) for the words before “by order” substitute “For the purposes of this section the Lord Chancellor shall, after consulting the Chairman of the Agricultural Land Tribunals,”.

31

1

The functions of the Lord Chancellor under section 75 (provisions as to land lying partly in one area and partly in another) are exercisable only after consultation with the Lord Chief Justice.

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of this Act) to exercise his functions under sub-paragraph (1).

32

In section 108 (regulations and orders), in subsection (1) omit “by the Minister” in the second place.

33

1

Schedule 9 (constitution of Agricultural Land Tribunals) is amended as follows.

2

In paragraph 13 (chairman of each Tribunal), in sub-paragraph (4)—

a

for “is” substitute “and Lord Chief Justice are both”;

b

after “may” insert “, with the concurrence of the Lord Chief Justice,”.

3

In paragraph 16A (discharge of chairman’s duties)—

a

that paragraph becomes sub-paragraph (1) of paragraph 16A;

b

in that sub-paragraph for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor”;

c

after that sub-paragraph insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).

34Lands Tribunal Act 1949 (c. 42)

1

Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of Lands Tribunal) is amended as follows.

2

In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor,”.

3

In subsection (4) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.

4

In subsection (9)(a) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.

5

After subsection (10) insert—

11

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (3) and (9A).

Registered Designs Act 1949 (c. 88)

35

The Registered Designs Act 1949 is amended as follows.

36

1

Section 27 (meaning of the court) is amended as follows.

2

In subsection (2) for “Lord Chancellor may select” substitute “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor, select”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

37

1

Section 28 (the Appeal Tribunal) is amended as follows.

2

In subsection (2)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”.

3

After subsection (10) insert—

11

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2)(a).

Courts-Martial (Appeals) Act 1951 (c. 46)

38

The Courts-Martial (Appeals) Act 1951 is amended as follows.

39

In section 28 (provisions with respect to office of Judge Advocate of fleet), after subsection (3) insert—

3A

The Lord Chancellor may make a recommendation under subsection (3) only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

40

In section 32 (tenure of office of Judge Advocate General and assistants), for subsection (1) substitute—

1

The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

1A

The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

1B

An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.

1C

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

41Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

1

Section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (appropriate courts and procedure) is amended as follows.

2

After subsection (5) insert—

5A

The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making rules under subsection (1) that relate to England and Wales.

5B

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (5A).

42City of London (Guild Churches) Act 1952 (c. xxxviii)

In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of—

a

All Hallows London Wall,

b

St. Margaret Pattens, and

c

St. Mary Aldermary,

substitute “Her Majesty”.

43Pharmacy Act 1954 (c. 61)

1

In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3 (appointments) is amended as follows.

2

In sub-paragraph (4) for “by the Lord Chancellor and” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor, and by”.

3

After sub-paragraph (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

44Mines and Quarries Act 1954 (c. 70)

1

Section 170 of the Mines and Quarries Act 1954 (provisions as to references upon notices) is amended as follows.

2

In subsection (9) after “Lord Chancellor” insert “, the Lord Chief Justice”.

3

After subsection (9) insert—

10

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (9).

Land Powers (Defence) Act 1958 (c. 30)

45

Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to making certain orders under the Act) is amended as follows.

46

1

Paragraph 4 (inquiries into objections) is amended as follows.

2

In sub-paragraph (1) for “by the Lord Chancellor” substitute “in accordance with sub-paragraph (1A)”.

3

After sub-paragraph (1) insert—

1A

A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows—

a

if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

b

if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session;

c

if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.

4

In sub-paragraph (3) for “The Lord Chancellor shall by statutory instrument make rules of procedure” substitute “Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A)”.

5

After sub-paragraph (3) insert—

3A

Rules under sub-paragraph (3) are to be made as follows—

a

if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor;

b

if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session;

c

if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.

6

In sub-paragraph (4) for the words from “as the Lord Chancellor” to the end substitute

as may be determined, with the approval of the Treasury—

a

by the Lord Chancellor, or

b

in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.

7

After sub-paragraph (4) insert—

5

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

6

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

7

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

47

1

Paragraph 8 (application to court to challenge order) is amended as follows.

2

That paragraph becomes sub-paragraph (1) of paragraph 8.

3

In that sub-paragraph “for High Court” substitute “appropriate court”.

4

After that sub-paragraph insert—

2

In this paragraph “appropriate court” means—

a

if the order relates to land in England and Wales, the High Court in England and Wales;

b

if the order relates to land in Scotland, the Court of Session;

c

if the order relates to land in Northern Ireland, the High Court in Northern Ireland.

48

Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).

49Agriculture Act 1958 (c. 71)

In the Agriculture Act 1958, in section 5 (functions under section 73 of the Agriculture Act 1947) for “by the Lord Chancellor and not by the Minister” substitute “as provided for in that section”.

50Land Powers (Defence) Act (Inquiries) Rules 1958 (S.I. 1958/2231)

1

Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958 (interpretation) is amended as follows.

2

In paragraph (1), in the definition of “appointed person” for the words from “appointed by” to the end substitute “appointed in accordance with sub-paragraph (1A) of paragraph 4 of the Second Schedule to the Act to hold an inquiry pursuant to that paragraph;”.

51Mental Health Act 1959 (c. 72)

In section 145 of the Mental Health Act 1959 (general provisions as to regulations, orders and rules) omit “or the Lord Chancellor”.

52Administration of Justice Act 1960 (c. 65)

In section 14 of the Administration of Justice Act 1960 (procedure on application for habeas corpus), in subsection (2) omit “; and no such application shall in any case be made to the Lord Chancellor”.

Transport Act 1962 (c. 46)

53

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

57

Schedule 11 (application to Northern Ireland) is amended as follows.

58

1

Paragraph 6 (appointment of referee or board of referees) is amended as follows.

2

That paragraph becomes sub-paragraph (1) of paragraph 6.

3

After that sub-paragraph insert—

2

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

59

Omit paragraph 10.

60City of London (Courts) Act 1964 (c. iv)

1

Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as follows.

2

That section becomes subsection (1) of section 15.

3

In that subsection for “Lord Chancellor” substitute “Lord Chief Justice”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

61Finance Act 1966 (c. 18)

1

In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6 is amended as follows.

2

In sub-paragraph (2)—

a

after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice of England and Wales”;

b

before “the Lord Chief Justice of Northern Ireland” insert “by the Lord Chancellor with the concurrence of”.

3

After sub-paragraph (4) insert—

5

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

62Courts-Martial (Appeals) Act 1968 (c. 20)

1

Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for particular sittings) is amended as follows.

2

In subsection (4) after “expedient to do so” insert “after consulting the Lord Chief Justice”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Taxes Management Act 1970 (c. 9)

63

The Taxes Management Act 1970 is amended as follows.

64

In section 2 (General Commissioners), after subsection (6) insert—

6A

The Lord Chancellor must consult the Lord Chief Justice of England and Wales or, in Northern Ireland, the Lord Chief Justice of Northern Ireland before exercising any function conferred on him by subsection (1) or (6).

6B

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

6C

The Lord Chief Justice of Northern Ireland may nominate one of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

65

1

Section 4 (Special Commissioners) is amended as follows.

2

After subsection (3) insert—

3A

The Lord Chancellor may designate a person under subsection (3) only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3

After subsection (4) insert—

4A

The Lord Chancellor may remove a Special Commissioner from office under subsection (4) only with the concurrence of the appropriate senior judge.

4B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the Special Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the Special Commissioner exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

4

After subsection (7) insert—

8

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3A).

9

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A).

10

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

66Administration of Justice Act 1970 (c. 31)

1

Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) is amended as follows.

2

For subsection (1) substitute—

1

This section applies if both of the following conditions are met—

a

the Lord Chancellor thinks that it is expedient, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the Tribunal);

b

the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

1A

The Lord Chief Justice may, after consulting the Lord Chancellor, appoint one of the following persons as mentioned in subsection (1)(a)—

a

a judge of the Court of Appeal;

b

a person who has held office as a judge of the Court of Appeal or of the High Court;

c

one of Her Majesty’s Counsel.

1B

An appointment under this section is—

a

for such period, or

b

for the purpose of hearing such appeals,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.

3

After subsection (4) insert—

4A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Courts Act 1971 (c. 23)

67

The Courts Act 1971 is amended as follows.

68

In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after “fit” insert “and if the Lord Chief Justice agrees”.

69

1

Section 21 (appointment of Recorders) is amended as follows.

2

For subsections (3) and (4) substitute—

3

The appointment of a person as a Recorder shall specify the following—

a

the term for which he is appointed;

b

the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

c

the circumstances in which the Lord Chancellor may—

i

decline to extend the term of the appointment, or

ii

terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

4

Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

4A

Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder’s appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

4B

The Lord Chancellor must not extend the term of a Recorder’s appointment unless the Recorder agrees to the extension.

4C

The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder’s appointment on any of these grounds—

a

the incapacity or misbehaviour of the Recorder;

b

a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

c

one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

3

For subsection (6) substitute—

6

The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

a

the incapacity or misbehaviour of the Recorder;

b

a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

c

one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

70

1

Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows.

2

In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (3) insert—

3A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

71

1

Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows.

2

In subsection (1)—

a

for “the Lord Chancellor” substitute “him”;

b

omit “, he may”;

c

in paragraph (a), before “appoint” insert “the Lord Chief Justice may, with the concurrence of the Lord Chancellor,”, and omit the word “or” in the last place where it occurs;

d

in paragraph (b), before “appoint” insert “the Lord Chancellor may”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

72

In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “Lord Chief Justice”.

73

In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.

74Misuse of Drugs Act 1971 (c. 38)

1

Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies and professional panels) is amended as follows.

2

In the table in paragraph 21 (application of Parts 1 to 3 to Northern Ireland), in the entry for paragraph 1—

a

for “the references to the Lord Chancellor and” substitute “any reference to”;

b

for “respectively references to the Lord Chief Justice of Northern Ireland and” substitute “a reference to”.

3

In that table, in the entry for paragraph 13—

a

for “the references to the Lord Chancellor and” substitute “any reference to the”;

b

for “respectively references to the Lord Chief Justice of Northern Ireland and” substitute “a reference to”;

c

at the end of that entry insert—

After sub-paragraph (2) there shall be inserted—

3

The Lord Chancellor must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a).

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3)

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

75Land Charges Act 1972 (c. 61)

In section 16 of the Land Charges Act 1972 (general rules), in subsection (2) omit “of the Lord Chancellor, with the concurrence of the Secretary of State,”.

76Matrimonial Causes Act 1973 (c. 18)

1

Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree nisi: religious marriage) is amended as follows.

2

In subsection (6) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Juries Act 1974 (c. 23)

77

The Juries Act 1974 is amended as follows.

78

In section 5 (panels of persons summoned as jurors), after subsection (4) insert—

5

The Lord Chancellor must consult the Lord Chief Justice before giving any direction under subsection (1).

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

79

1

Section 9AA (requirement to issue guidance) is amended as follows.

2

In subsection (1) after “shall” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

80Plant Varieties and Seeds Tribunal Rules 1974 (S.I. 1974/1136)

1

Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974 (interpretation) is amended as follows.

2

In paragraph (1), in the definition of “the chairman” for the words from “appointed” to “Northern Ireland” in the second place substitute “appointed in accordance with paragraph 2, 3 or 4 of Schedule 3 to the Plant Varieties Act 1997”.

81Industry Act 1975 (c. 68)

1

Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows.

2

In paragraph 4 (constitution and sittings)—

a

that paragraph becomes sub-paragraph (1) of paragraph 4;

b

in that sub-paragraph after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,”;

c

after that sub-paragraph insert—

2

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

3

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

3

In paragraph 5 (Scottish proceedings) for “paragraph 4” substitute “paragraph 4(1)”.

4

In paragraph 8(a) (meaning of “appointor”) for “paragraph 4” substitute “paragraph 4(1)”.

5

After paragraph 8 insert—

8A

Where the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge.

8B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Local Land Charges Act 1975 (c. 76)

82

The Local Land Charges Act 1975 is amended as follows.

83

After section 13 insert—

13ASpecification of fees by registering authorities in England

1

Each registering authority in England must specify fees which are to be payable by persons for services relating to local land charges which are provided to them by the authority.

2

This section does not apply to any fees payable for the making of a personal search (for which see section 14(1)(h)(i) below).

3

Different fees may be specified for different services or descriptions of service.

4

A registering authority may provide for there to be services or descriptions of service in respect of which no fees are to be payable.

5

In specifying fees, a registering authority must secure that, taking one financial year with another, the income from fees for each service or description of service, or for each group of services or descriptions of service that they think appropriate, does not exceed the costs of its provision.

6

When exercising the duty under subsection (1) above, a registering authority must specify the date on or after which the fees specified under that subsection are to be payable.

7

Where the duty under subsection (1) above is exercised by a registering authority, they must publish details of the fees specified under that subsection before the date mentioned in subsection (6) above.

8

If any fees specified under subsection (1) above are to be the same immediately before as immediately after the beginning of a financial year, a registering authority must publish details of those fees shortly before the beginning of the financial year.

9

In specifying fees or publishing details of fees, a registering authority must have regard to such guidance as the Lord Chancellor may issue.

10

That guidance—

a

may also include provision concerning the manner in which fees are to be paid, and

b

may be framed by reference to guidance issued by a person other than the Lord Chancellor.

11

The Lord Chancellor must lay before both Houses of Parliament any guidance that he issues under this section.

12

In this section “financial year” means a period of 12 months beginning with 1st April.

84

1

Section 9 (official searches) is amended as follows.

2

For subsection (3) substitute—

3

In relation to England, the fee (if any) specified by a registering authority under section 13A below shall be payable, in such manner as the authority may specify, in respect of any requisition made under this section to that authority.

3A

In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.

3

In subsection (4)—

a

after “fee” insert “(if any)”;

b

after “(3)” insert “or (3A)”.

85

1

In section 14 (rules), for subsection (1)(h) substitute—

h

for prescribing—

i

in relation to England, the fees, if any, to be paid for the making of any personal search;

ii

in relation to Wales, the fees, if any, to be paid for the filing of documents with a registering authority, the making of any entry on a register, the supply of copies of, or the variation or cancellation of, any such entry, and the making of any search of a register.

2

The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.

86Armed Forces Act 1976 (c. 52)

1

Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows.

2

After subsection (3) insert—

3A

The Lord Chancellor may give approval to an order under subsection (3) only after consulting the relevant judges.

3

After subsection (4) insert—

4A

The Lord Chancellor may make an appointment under subsection (4) only with the concurrence of the relevant judges.

4

In subsection (7) after “Lord Chancellor” insert “and the relevant judges”.

5

After subsection (8) insert—

8A

The Lord Chancellor may give his approval under section (8) only with the concurrence of the relevant judges.

6

After subsection (11) insert—

11A

The Lord Chancellor may give his approval to the removal of a member under subsection (11) only with the concurrence of the Lord Chief Justice of England and Wales.

7

After subsection (17) insert—

18

References in this section to the relevant judges are references to all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

19

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section, except his functions under subsection (11A).

20

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

21

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

87Race Relations Act 1976 (c. 74)

1

Section 67 of the Race Relations Act 1976 (sheriff courts and designated county courts) is amended as follows.

2

In subsection (1) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

88Rent (Agriculture) Act 1976 (c. 80)

In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure), omit subsection (5).

89Aircraft and Shipbuilding Industries Act 1977 (c. 3)

1

Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (the arbitration tribunal) is amended as follows.

2

After subsection (2) insert—

2A

The arbitration tribunal shall either sit as a single tribunal or sit in two or more divisions, as the Lord Chancellor may direct after consulting all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3

In subsection (3) for the words from the beginning to “consist of” substitute “For the hearing of any proceedings, the arbitration tribunal shall, subject to subsection (4) below, consist of”.

4

After subsection (8) insert—

8A

Where the appointor is, by virtue of subsection (8)(a), the Lord Chancellor, the power conferred by subsection (5)(b) may be exercised only with the concurrence of the appropriate senior judge.

8B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

5

At the end insert—

11

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2A)(a).

12

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (2A)(b).

13

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (2A)(c)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Patents Act 1977 (c. 37)

90

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

94Rent Act 1977 (c. 42)

Omit section 142 of the Rent Act 1977 (rules as to procedure).

95National Health Service Act 1977 (c. 49)

In Schedule 9A to the National Health Service Act 1977 (Family Health Services Appeal Authority), in paragraph 5 (appointment of members of Authority) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

96Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

1

Section 2 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (powers of court to make orders for financial provision) is amended as follows.

2

In subsection (3) omit the second paragraph.

3

After subsection (3) insert—

4

An order made by the Lord Chancellor under this section—

a

shall be made only after consultation with the Lord Chief Justice;

b

shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

97Customs and Excise Management Act 1979 (c. 2)

In Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to forfeiture), after paragraph 17(4) insert—

5

The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence—

a

where the proceedings referred to in sub-paragraph (1) were taken in England and Wales, of the Lord Chief Justice of England and Wales;

b

where those proceedings were taken in Scotland, of the Lord President of the Court of Session;

c

where those proceedings were taken in Northern Ireland, of the Lord Chief Justice of Northern Ireland.

6

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

7

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

8

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

98Tobacco Products Duty Act 1979 (c. 7)

1

Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows.

2

In subsection (4) for the words from “by the Lord Chancellor” to the end substitute “in accordance with subsections (7) to (9).”

3

After subsection (6) insert—

7

The Lord Chancellor is to appoint the referee.

8

The appointment is to be made only with the concurrence of—

a

the Lord Chief Justice of England and Wales, if the determination of the Commissioners was made in relation to England and Wales;

b

the Lord President of the Court of Session, if the determination was made in relation to Scotland; or

c

the Lord Chief Justice of Northern Ireland, if the determination was made in relation to Northern Ireland.

9

None of the following may be appointed—

a

an official of any government department;

b

an office holder in, or a member of the staff of, the Scottish Administration.

10

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

11

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

12

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Magistrates’ Courts Act 1980 (c. 43)

99

The Magistrates’ Courts Act 1980 is amended as follows.

100

1

Section 3B (transfer of trials of summary offences) is amended as follows.

2

In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

101

1

Section 67 (Family Proceedings Courts) (as substituted by section 49(1) of the Courts Act 2003 (c. 39)) is amended as follows.

2

In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice”.

3

In subsection (4) for “Lord Chancellor may by rules” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, by rules”.

4

In subsection (5) for “Lord Chancellor” substitute “Lord Chief Justice”.

5

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or the powers conferred on him by rules under subsection (4).

102

1

Section 144 (rule committee and rules of procedure) is amended as follows.

2

Before subsection (1) insert—

A1

The Lord Chancellor may appoint a rule committee for magistrates’ courts.

3

In subsection (1)—

a

for the words from the beginning to “and may on” substitute “The Lord Chief Justice may on”;

b

after “consultation with the rule committee” insert “, and with the concurrence of the Lord Chancellor,”.

4

After subsection (1) insert—

1A

If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice and the rules committee written reasons for doing so.

5

In subsection (2) for “he may determine” substitute “he may, after consulting the Lord Chief Justice, determine”.

6

After subsection (4) insert—

4A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

103

After section 144 insert—

144ARules to be made if required by Lord Chancellor

1

This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.

2

The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;

b

made in accordance with section 144.

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

104Housing Act 1980 (c. 51)

In section 86 of the Housing Act 1980 (jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)

105

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 is amended as follows.

106

In Article 6 (directions in relation to appeals brought or continued under the Order) for “judge of the High Court nominated by the Lord Chancellor in accordance with” substitute “relevant judicial authority for the purposes of”.

107

In Article 10 (application to Scotland), omit paragraphs (b) and (c).

108

In Article 11 (application to Northern Ireland)—

a

omit paragraphs (b) and (c)’;

b

in paragraph (d) for “Chairman” substitute “President”.

Judicial Pensions Act 1981 (c. 20)

109

The Judicial Pensions Act 1981 is amended as follows.

110

In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit “, other than the Lord Chancellor”.

111

1

Section 5 (Circuit Judge in England and Wales) is amended as follows.

2

After subsection (1) insert—

1A

The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making a recommendation in a case that falls within subsection (1)(b) or (c).

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

112

1

Section 7 (stipendiary magistrates in England and Wales) is amended as follows.

2

After subsection (1) insert—

1A

The Lord Chancellor must consult the Lord Chief Justice before making a recommendation in a case that falls within subsection (1)(b).

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

113

1

Section 13 (Social Security Commissioners) is amended as follows.

2

After subsection (1) insert—

1A

In a case that falls within subsection (1)(c), the Lord Chancellor must consult—

a

the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales;

b

the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland;

c

the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.

3

After subsection (6)—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

8

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

9

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Supreme Court Act 1981 (c. 54)

114

The Supreme Court Act 1981 is amended as follows.

115

1

Section 2 (membership of the Court of Appeal) is amended as follows.

2

In subsection (2)—

a

omit paragraph (a);

b

in paragraph (b) for “has been Lord Chancellor” substitute “was Lord Chancellor before 12 June 2003”;

c

for paragraphs (f) and (g) substitute—

f

the President of the Queen’s Bench Division;

g

the President of the Family Division;

h

the Chancellor of the High Court;

d

for “Lord Chancellor’s request” substitute “request of the Lord Chief Justice”.

3

After subsection (2) insert—

2A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.

4

After subsection (4) insert—

4A

It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).

5

In subsection (6)—

a

omit “Lord Chancellor,”;

b

for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”.

116

1

Section 3 (Divisions of Court of Appeal) is amended as follows.

2

In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

117

1

Section 4 (membership of the High Court) is amended as follows.

2

In subsection (1)—

a

omit paragraph (a);

b

for paragraphs (c) and (d) substitute—

ba

the President of the Queen’s Bench Division;

c

the President of the Family Division;

d

the Chancellor of the High Court;

3

After subsection (4) insert—

4A

It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).

4

In subsection (6)—

a

omit “Lord Chancellor,”;

b

for “President of the Family Division, Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division, Chancellor of the High Court”.

118

1

Section 5 (divisions of the High Court) is amended as follows.

2

In subsection (1)(a) for the words from “the Lord Chancellor” to “vice-president thereof,” substitute “the Chancellor of the High Court, who shall be president thereof,”.

3

In subsection (1)(b) for “who shall be president thereof” substitute “, the President of the Queen’s Bench Division”.

4

In subsection (2) for “of the Lord Chancellor” in each place substitute “given by the Lord Chief Justice after consulting the Lord Chancellor”.

5

In subsection (3) for the words from “with the concurrence of” to the end substitute

with the concurrence of both of the following—

a

the senior judge of the Division to which the judge is attached;

b

the senior judge of the Division of which the judge is to act as an additional judge.

6

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

119

1

Section 6 (the Patents, Admiralty and Commercial Courts) is amended as follows.

2

In subsection (2) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

120

1

Section 7 (power to alter Divisions etc) is amended as follows.

2

In subsection (1) after “recommendation of” insert “the Lord Chancellor and”.

3

In subsection (2)—

a

omit “the Lord Chancellor,”;

b

for “the President of the Family Division and the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court”.

121

1

Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows.

2

In subsection (2)—

a

for the definition of “the appropriate authority” substitute—

“the appropriate authority” means—

a

the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or

b

at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;

b

omit the words after the definition of “relevant court”.

3

After subsection (2) insert—

2A

The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

2B

In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.

2C

In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.

2D

In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.

4

In subsection (4)—

a

for “appears to the Lord Chancellor” substitute “appears to the Lord Chief Justice, after consulting the Lord Chancellor,”;

b

for “Lord Chancellor thinks fit” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, think fit”.

5

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).

122

1

Section 10 (appointment of judges of Supreme Court) is amended as follows.

2

In subsection (1)—

a

for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”;

b

after “may” insert “, on the recommendation of the Lord Chancellor,”.

3

In subsection (2) after “may” insert “, on the recommendation of the Lord Chancellor,”.

4

In subsection (3)(a) for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”.

5

For subsection (4) substitute—

4

A person appointed—

a

to any of the offices mentioned in subsection (1),

b

as a Lord Justice of Appeal, or

c

as a puisne judge of the High Court,

shall take the required oaths as soon as may be after accepting office.

5

In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—

a

the Master of the Rolls;

b

the President of the Queen’s Bench Division;

c

the President of the Family Division;

d

the Chancellor of the High Court.

6

Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.

7

In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—

a

the Lord Chief Justice, or

b

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.

8

In this section “required oaths” means—

a

the oath of allegiance, and

b

the judicial oath,

as set out in the Promissory Oaths Act 1868.

123

1

Section 11 (tenure of office) is amended as follows.

2

In subsection (1) omit “except the Lord Chancellor”.

3

After subsection (3) insert—

3A

It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).

4

In subsection (9)(a) for “the President of the Family Division and the Vice-Chancellor,” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court,”.

124

In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit “, other than the Lord Chancellor,”.

125

1

Section 13 (precedence of judges of Supreme Court) is amended as follows.

2

For subsections (2) and (3) substitute—

2

Subject to subsection (1)(b), the President of the Queen’s Bench Division shall rank next after the Master of the Rolls.

2A

The President of the Family Division shall rank next after the President of the Queen’s Bench Division.

3

The Chancellor of the High Court shall rank next after the President of the Family Division.

3

In subsection (4) for “Vice-Chancellor” substitute “Chancellor of the High Court”.

126

In section 44 (extraordinary functions of judges of High Court), in subsection (2) omit “the Lord Chancellor,”.

127

In section 56B (allocation of cases in criminal division), in subsection (1) for “with the concurrence of the Lord Chancellor” substitute “after consulting the Lord Chancellor”.

128

1

Section 57 (Court of Appeal: sittings and vacations) is amended as follows.

2

In subsection (2) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

129

1

Section 61 (distribution of business among Divisions) is amended as follows).

2

In subsection (3)—

a

for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”;

b

in paragraph (b) for “appears to him” substitute “appears to the Lord Chief Justice and the Lord Chancellor”.

3

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

130

1

Section 63 (business assigned to specially nominated judges) is amended as follows.

2

In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”.

3

In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor, to be”.

4

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).

131

1

Section 68 (exercise of jurisdiction of High Court otherwise than by judges of that court) is amended as follows.

2

In subsection (1)(a) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”.

3

In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”.

4

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).

132

1

Section 71 (High Court: sittings and vacations) is amended as follows.

2

In subsection (2) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

133

1

Section 74 (appeals and committals for sentence) is amended as follows.

2

After subsection (5) insert—

5A

Before exercising any functions under subsection (4), the Lord Chancellor must consult the Lord Chief Justice.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

134

1

Section 78 (Crown Court: sittings) is amended as follows.

2

In subsection (3) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

3

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

135

1

Section 82 (duties of officers of Crown Court) is amended as follows.

2

In subsection (1) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

136

Omit section 84(8) (rules of court for Crown Court etc to be made by statutory instrument).

137

1

Section 86 (the Crown Court Rule Committee) is amended as follows.

2

In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “by a committee known as the Crown Court Rule Committee, which is to consist of the following persons—”.

3

For subsections (2) to (4) substitute—

2

The members of the Crown Court Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3) or (4).

3

The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) and (e) of subsection (1), after consulting the Lord Chancellor.

4

The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the following—

a

the Lord Chief Justice;

b

any authorised body with members who are eligible for appointment under the relevant paragraph.

5

A person is to be appointed under subsection (3) or (4) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

138

After section 86 insert—

86AProcess for making rules of court under section 84

1

Crown Court rules must be—

a

signed by a majority of the members of the Crown Court Rule Committee, and

b

submitted to the Lord Chancellor.

2

The Lord Chancellor may allow or disallow rules so made.

3

If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

4

Rules so made and allowed by the Lord Chancellor—

a

come into force on such day as the Lord Chancellor directs, and

b

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

5

A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this section and section 86B “Crown Court rules” means rules of court made under section 84.

86BRules to be made if required by Lord Chancellor

1

This section applies if the Lord Chancellor gives the Crown Court Rule Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

2

The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice to the Committee;

b

made in accordance with section 86A.

139

1

Section 91 (deputies and temporary appointments) is amended as follows.

2

In subsection (1)—

a

for “Lord Chancellor” in the first place substitute “Lord Chief Justice, after consulting the Lord Chancellor,”;

b

in paragraph (a) omit “or III”;

c

for “Lord Chancellor thinks fit” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, think fit”.

3

After subsection (1) insert—

1A

If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—

a

to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or

b

to act as a temporary additional officer in any such office,

during such period or on such occasions as the Lord Chancellor may think fit.

4

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

140

1

Section 92 (tenure of office) is amended as follows.

2

In subsection (5) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”.

3

In subsection (6) after “also” insert “, with the concurrence of the Lord Chief Justice,”.

4

After subsection (7) insert—

8

It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).

141

1

Section 96 (Central Office) is amended as follows.

2

In subsection (1) leave out “Lord Chancellor may” and insert “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.

3

In subsection (2) for “of the Lord Chancellor under this section” substitute “under subsection (1)”.

4

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

142

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

146

In section 151 (interpretation), in subsection (1) for the definition of “senior judge” substitute—

“senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;

Administration of Justice Act 1982 (c. 53)

147

The Administration of Justice Act 1982 is amended as follows.

148

1

Section 25 (regulations as to deposit and registration of wills) is amended as follows.

2

In subsection (4) after “Lord Chancellor” insert “after consulting the Lord Chief Justice of England and Wales”.

3

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).

149Representation of the People Act 1983 (c. 2)

In section 161 of the Representation of the People Act 1983 (justices of the peace guilty of corrupt practice)—

a

after “Lord Chancellor” insert “and the Lord Chief Justice”;

b

after “Scotland,” insert “to”.

Mental Health Act 1983 (c. 20)

150

The Mental Health Act 1983 is amended as follows.

151

1

Section 93 (judicial authorities and Court of Protection) is amended as follows.

2

In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice shall, after consulting the Lord Chancellor,”.

3

In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”.

4

In subsection (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

5

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).

152

In section 94 (exercise of the judge’s functions: the patient), in subsection (1) omit “by the Lord Chancellor or”.

153

In section 96 (powers of the judge as to the patient’s property and affairs), in subsection (3) omit “the Lord Chancellor or”.

154

In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit “the Lord Chancellor or” in both places.

155

In section 105 (appeals), in subsection (2) omit “from any decision of the Lord Chancellor or”.

156

1

Section 108 (general provisions as to rules under Part 7) is amended as follows.

2

For subsection (1) substitute—

1

Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

4

Paragraph 16 of Schedule 1 also amends section 108.

157

1

Section 111 (construction of references in other Acts) is amended as follows.

2

In subsection (1) omit “by the Lord Chancellor or”.

3

In subsection (2) omit “the Lord Chancellor,”.

4

In subsection (4)—

a

in paragraph (a) omit “the Lord Chancellor or”;

b

in paragraph (b) omit “the Lord Chancellor,”.

158

1

Schedule 2 (mental health review tribunals) is amended as follows.

2

In paragraph 1(b) and (c) omit “after consultation with the Secretary of State”.

3

After paragraph 1 insert—

1A

As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.

159Pastoral Measure 1983 (1983 No. 1)

1

Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows.

2

In paragraph (a)—

a

for the words from the beginning to “benefices” substitute “any consent under the foregoing subsection in respect of a benefice or benefices”;

b

omit the words from “, or a” to “books”;

c

omit “last-mentioned”.

3

Omit paragraph (b).

County Courts Act 1984 (c. 28)

160

The County Courts Act 1984 is amended as follows.

161

1

Section 2 (county court districts etc) is amended as follows.

2

In subsection (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

In subsection (3) after “given” insert “, after consulting the Lord Chief Justice,”.

4

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (3).

162

1

Section 3 (places and times of sittings) is amended as follows.

2

In subsection (1) after “given” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

163

1

Section 5 (judges of county courts) is amended as follows.

2

In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice shall, after consulting the Lord Chancellor,”.

3

In subsection (2) for “or on behalf of the Lord Chancellor” substitute “the Lord Chief Justice after consulting the Lord Chancellor”.

4

In subsection (3) for “Lord Chancellor considers desirable” substitute “Lord Chief Justice considers desirable after consulting the Lord Chancellor”.

5

In subsection (4)(a) for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”.

6

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

164

1

Section 11 (tenure of office) is amended as follows.

2

In subsection (5) after “by the Lord Chancellor” insert “, but only with the concurrence of the Lord Chief Justice”.

3

In subsection (6) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

165

In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—

3

The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

166

1

Section 26 (districts for Admiralty purposes) is amended as follows.

2

In subsection (1)—

a

after “Lord Chancellor” insert “and the Lord Chief Justice”;

b

for “him” substitute “the Lord Chancellor”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

167

In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “under this section by the Lord Chancellor after consulting the Lord Chief Justice”.

168

1

Section 61 (right of audience by direction) is amended as follows.

2

In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

169

Omit section 74A (practice directions).

170

In section 145 (power to raise monetary limits), after subsection (2) insert—

2A

It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).

Matrimonial and Family Proceedings Act 1984 (c. 42)

171

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

172

1

Section 33 (jurisdiction of county courts in matrimonial cases) is amended as follows.

2

In subsections (1) and (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

173

1

Section 36 (assignment of circuit judges to family proceedings) is amended as follows.

2

That section becomes subsection (1) of section 36.

3

In that subsection, for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

174

1

Section 42 (county court proceedings in principal registry of Family Division) is amended as follows.

2

In subsection (2)(a) for “may direct” substitute “may, after consulting the Lord Chief Justice, direct”.

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Inheritance Tax Act 1984 (c. 51)

175

The Inheritance Tax Act 1984 is amended as follows.

176

In section 256 (regulations about accounts etc), for subsection (3A) substitute—

3A

Regulations under this section may only be made—

a

in relation to England and Wales, after consulting the Lord Chancellor;

b

in relation to Scotland, after consulting the Scottish Ministers;

c

in relation to Northern Ireland, after consulting the Lord Chief Justice of Northern Ireland.

3B

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

177

1

Section 257 (form etc of accounts) is amended as follows.

2

In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice of Northern Ireland”.

3

After subsection (3) insert—

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

178Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

1

Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows.

2

In paragraph 2 (membership of Reinstatement Committees), for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.

179Transport Act 1985 (c. 67)

1

Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows.

2

In paragraph 3 (tenure of office), after sub-paragraph (3) insert—

3A

The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.

3B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

3

In paragraph 10 (the president)—

a

in sub-paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”;

b

after sub-paragraph (1) insert—

1A

Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—

a

consult the Lord Chancellor, and

b

obtain the agreement of the Lord President of the Court of Session.

c

after sub-paragraph (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).

5

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1A)(b).

Housing Act 1985 (c. 68)

180

The Housing Act 1985 is amended as follows.

181

Omit section 111 (secure tenancies: county court rules and directions).

182

In section 181 (right to buy: jurisdiction of county court), omit subsections (4) and (5) (rules and directions).

183

In section 572 (assistance for owners of defective housing: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

184Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001)

In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985 (application to Northern Ireland), omit sub-paragraph (a).

Insolvency Act 1986 (c. 45)

185

The Insolvency Act 1986 is amended as follows.

186

1

Section 117 (High Court and county court jurisdiction) is amended as follows.

2

In subsection (4) for “may by order” substitute “may, with the concurrence of the Lord Chief Justice, by order”.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

187

1

Section 374 (insolvency districts) is amended as follows.

2

In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

3

In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”.

4

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

188

1

Section 411 (company insolvency rules) is amended as follows.

2

In subsection (1)(a) after “Secretary of State” insert “and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice”.

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

189

1

Section 412 (individual insolvency rules (England and Wales) is amended as follows.

2

In subsection after “Secretary of State” insert “and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

190

1

Section 413 (Insolvency Rules committee) is amended as follows.

2

In subsection (3) for “by the Lord Chancellor” substitute “in accordance with subsection (3A) or (3B)”.

3

After subsection (3) insert—

3A

The Lord Chief Justice must appoint the persons referred to in paragraphs (a) to (d) of subsection (3), after consulting the Lord Chancellor.

3B

The Lord Chancellor must appoint the persons referred to in paragraphs (e) to (g) of subsection (3), after consulting the Lord Chief Justice.

4

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

191

1

Section 420 (insolvent partnerships) is amended as follows.

2

In subsection (1) after “Secretary of State” insert “and the Lord Chief Justice”.

3

In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”.

4

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

192

1

Section 421 (insolvent estates of deceased persons) is amended as follows.

2

In subsection (1) after “Secretary of State” insert “and the Lord Chief Justice”.

3

In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”.

4

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Coroners Act 1988 (c. 13)

193

The Coroners Act 1988 is amended as follows.

194

1

Section 3 (terms on which coroners hold office) is amended as follows.

2

For subsection (4) substitute—

4

The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove any coroner from office for inability or misbehaviour.

3

In subsection (5) for “, wilful neglect of his duty or misbehaviour in the discharge of his duty” substitute “or wilful neglect of his duty”.

195

In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.

196Criminal Justice Act 1988 (c. 33)

In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation for miscarriages of justice), for paragraph 6 (power of removal) substitute—

6

1

The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

2

In the case of a person who qualifies for appointment under—

a

paragraph (1)(a), or

b

paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

3

In the case of a person who qualifies for appointment under—

a

paragraph (1)(b), or

b

paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

4

In the case of a person who qualifies for appointment under—

a

paragraph (1)(c), or

b

paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

197Finance Act 1988 (c. 39)

In section 134 (General Commissioners for Northern Ireland), omit subsection (4).

198

199

1

Section 146 (membership of the copyright tribunal) is amended as follows.

2

After subsection (6) insert—

7

The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge.

8

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

9

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).

10

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).

11

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

200

1

Section 287 (patents county courts: special jurisdiction) is amended as follows.

2

In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

3

After subsection (5) insert—

6

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

201

1

Section 291 (proceedings in patents county court) is amended as follows.

2

In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice shall, after consulting the Lord Chancellor,”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

202

1

Section 292 (rights and duties of registered patent agents in relation to proceedings in patents courts) is amended as follows.

2

After subsection (2) insert—

2A

The Lord Chancellor may make regulations under subsection (2) only with the concurrence of the Lord Chief Justice.

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Children Act 1989 (c. 41)

203

The Children Act 1989 is amended as follows.

204

1

Section 7 (welfare reports) is amended as follows.

2

In subsection (2) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

205

1

Section 92 (jurisdiction of the courts) is amended as follows.

2

In subsection (9) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”.

4

After subsection (10) insert—

10A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (9) or (10).

206

1

Section 94 (appeals) is amended as follows.

2

In subsection (10) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (11) insert—

12

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (10).

207

a

in sub-paragraph (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”;

b

in sub-paragraph (5) after “Lord Chancellor thinks appropriate” insert “, after consulting the Lord Chief Justice,”.

4

In paragraph 3 (hearings by a single justice), in sub-paragraph (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

5

In paragraph 4 (general)—

a

in sub-paragraph 5(a) after “Lord Chancellor considers expedient” insert “, after consulting the Lord Chief Justice,”.

b

after sub-paragraph (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Part of this Schedule.

Courts and Legal Services Act 1990 (c. 41)

211

The Courts and Legal Services Act 1990 is amended as follows.

212

1

Section 1 (allocation of business between High Court and county courts) is amended as follows.

2

After subsection (1) insert—

1A

An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.

3

In subsection (9) for “the President of the Family Division, the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court”.

4

After subsection (12) insert—

13

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

213

In section 9 (allocation of family proceedings which are within the jurisdiction of the county courts), in subsection (1) for the words from the beginning to “Family Division,” substitute “The President of the Family Division may, after consulting the Lord Chancellor,”.

214

1

Section 11 (representation in certain county court cases) is amended as follows.

2

In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

3

Omit subsection (10).

4

After subsection (11) insert—

12

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).

215

1

Section 73 (delegation of certain administrative functions of Master of the Rolls) is amended as follows.

2

In subsection (3)—

a

for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”;

b

for “Lord Chancellor considers” substitute “Lord Chief Justice and Lord Chancellor consider”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

216

In section 119 (interpretation), in subsection (1) in the definition of “designated judge” for “the President of the Family Division or the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division or the Chancellor of the High Court”.

217Armed Forces Act 1991 (c. 62)

In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for miscarriages of justice) for paragraph 6 (power of removal) substitute—

6

1

The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

2

In the case of a person who qualifies for appointment under—

a

paragraph (1)(a), or

b

paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

3

In the case of a person who qualifies for appointment under—

a

paragraph (1)(b), or

b

paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

4

In the case of a person who qualifies for appointment under—

a

paragraph (1)(c), or

b

paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

Child Support Act 1991 (c. 48)

218

The Child Support Act 1991 is amended as follows.

219

1

Section 8 (role of the courts with respect to maintenance of children) is amended as follows.

2

After subsection (5) insert—

5A

The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.

3

After subsection (11) insert—

12

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

220

In section 45 (jurisdiction of courts in certain proceedings under the Act), after subsection (7) insert—

8

The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

221

1

Schedule 4 (Child Support Commissioners) is amended as follows.

2

In paragraph 1 (tenure of office), after sub-paragraph (3) insert—

3A

The Lord Chancellor may remove a Child Support Commissioner under sub-paragraph (3) only with the concurrence of the appropriate senior judge.

3B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

3

In paragraph 8 (application of Schedule to Northern Ireland), before sub-paragraph (b) insert—

ab

paragraph 1(3A) and (3B) were omitted;

222Land Drainage Act 1991 (c. 59)

1

Section 31 of the Land Drainage Act 1991 (composition and incidental powers of the Agricultural Land Tribunal) is amended as follows.

2

After subsection (1) insert—

1A

Before drawing up, or revising, a panel under subsection (1), the Lord Chancellor must consult the Lord Chief Justice.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Tribunals and Inquiries Act 1992 (c. 53)

223

The Tribunal and Inquiries Act 1992 is amended as follows.

224

In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).

225

1

In section 7 (concurrence required for removal of members of certain tribunals), subsection (1) is amended as follows.

2

Omit “, other than the Lord Chancellor,”.

3

In paragraphs (a) to (c) after “Lord Chancellor” in each place insert “(unless he is the Minister terminating the person’s membership), the Lord Chief Justice of England and Wales,”.

4

In paragraph (d) after “Lord Chancellor” insert “(unless he is the Minister terminating the person’s membership) and the Lord Chief Justice of England and Wales”.

Judicial Pensions and Retirement Act 1993 (c. 8)

226

The Judicial Pensions and Retirement Act 1993 is amended as follows.

227

1

Section 2 (the judicial officer’s entitlement to a pension) is amended as follows.

2

After subsection (3) insert—

3A

Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)—

a

consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales;

b

consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.

3

After subsection (8) insert—

9

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

10

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

228

1

Section 26 (retirement date for holders of certain judicial offices) is amended as follows.

2

For “appropriate minister” in subsections (5) and (6) substitute “appropriate person”.

3

In subsection (7)—

a

in paragraph (a) omit “, unless he is the Lord Chancellor”;

b

in paragraph (b) omit “, unless he is the Lord Chancellor”.

4

In subsection (12), after the definition of “appointed day” insert—

“the appropriate person” means—

a

the appropriate Minister in a case which falls within paragraph (a) of the definition of the expression in section 30;

b

in relation to any judicial office whose jurisdiction is exercised exclusively in relation to England and Wales, the Lord Chief Justice of England and Wales;

c

in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.

5

After subsection (12) insert—

13

Where the Lord Chief Justice of England or Wales or the Lord Chief Justice of Northern Ireland is the appropriate person, he must obtain the concurrence of the Lord Chancellor before exercising any functions under this section.

14

The Lord Chief Justice of England or Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

15

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

229

In Schedule 1 (offices which may be qualifying judicial offices) in Part 1 (judges) for the entries “President of the Family Division” and “Vice-Chancellor” substitute—

President of the Queen’s Bench Division

President of the Family Division

Chancellor of the High Court

230

In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit “, other than the Lord Chancellor”.

231Bail (Amendment) Act 1993 (c. 26)

In section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal), in subsection (12) in the definition of “magistrates’ court” and “court” for “designated” to the end substitute “designated in accordance with section 67 or section 139 of the Extradition Act 2003”.

232Welsh Language Act 1993 (c. 38)

1

Section 23 of the Welsh Language Act 1993 (oaths and affirmations) is amended as follows.

2

That section becomes subsection (1) of section 23.

3

In that subsection after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice of England and Wales,”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Local Government (Wales) Act 1994 (c. 19)

233

1

Section 55 of the Local Government (Wales) Act 1994 (magistrates’ courts, justices of the peace etc) is amended as follows.

2

In subsection (1)—

a

after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”;

b

for “he thinks necessary or expedient” substitute “the Lord Chancellor thinks necessary or expedient, after consulting the Lord Chief Justice,”.

3

In subsection (3)—

a

after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”;

b

for “appears to him expedient” substitute “appears to the Lord Chancellor to be expedient, after consulting the Lord Chief Justice,”.

234

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Value Added Tax Act 1994 (c. 23)

235

The Value Added Tax Act 1994 is amended as follows.

236

In section 86 (appeals to the Court of Appeal), after subsection (2) insert—

2A

Before making an order under this section that relates to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

2B

Before making an order under this section that relates to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.

2C

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

2D

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

237

1

Schedule 12 (constitution and procedure of VAT tribunals) is amended as follows.

2

In paragraph 3 (tenure of office of President)—

a

after sub-paragraph (5) insert—

5A

The Lord Chancellor may remove a person from office under sub-paragraph (4), or nominate a person under sub-paragraph (5), only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

b

after sub-paragraph (8) insert—

9

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5).

10

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5).

11

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

3

In paragraph 4—

a

that paragraph becomes sub-paragraph (1) of paragraph 4;

b

after that sub-paragraph insert—

2

The powers of the Lord Chancellor under sub-paragraph (1) may be exercised—

a

in relation to England and Wales only after consulting the Lord Chief Justice of England and Wales;

b

in relation to Northern Ireland only after consulting the Lord Chief Justice of Northern Ireland.

3

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

In paragraph 7 (membership of panels)—

a

in sub-paragraph (3)(c) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”;

b

for sub-paragraph (7) substitute—

7A

The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(a).

7B

The Lord President of the Court of Session may remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(b).

238Trade Marks Act 1994 (c. 26)

In section 77 of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after subsection (4) insert—

5

The Lord Chancellor may remove a person from office under subsection (3)(c) only with the concurrence of the appropriate senior judge.

6

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

239Merchant Shipping Act 1995 (c. 21)

In section 297 of the Merchant Shipping Act 1995 (wreck commissioners), after subsection (3) insert—

3A

The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of—

a

the Lord Chief Justice of England and Wales, or

b

if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland.

Reserve Forces Act 1996 (c. 14)

240

The Reserve Forces Act 1996 is amended as follows.

241

In section 90 (appointment of panel of chairmen), after subsection (1) insert—

1A

The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.

242

In section 91 (appointment of panel of ordinary members), after subsection (2) insert—

2A

The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.

243

1

Section 92 (membership of tribunals etc) is amended as follows.

2

In subsection (1) for “by the Lord Chancellor” substitute “in accordance with subsection (2)”.

3

For subsections (2) and (3) substitute—

2

The chairman and other members are to be selected as follows—

a

in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

b

in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session;

c

in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

3

Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters.

4

The officer is to be appointed as follows—

a

in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

b

in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session;

c

in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

244

After section 92 insert—

92ASections 90 to 92: supplementary

1

In sections 90 and 91 “appropriate senior judge”, in relation to the appointment of a person to be a member of a panel, means—

a

if the person is to be appointed to exercise functions wholly or mainly in relation to England and Wales, the Lord Chief Justice of England and Wales;

b

if the person is to be appointed to exercise functions wholly or mainly in relation to Scotland, the Lord President of the Court of Session;

c

if the person is to be appointed to exercise functions wholly or mainly in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.

2

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under sections 90 to 92.

3

The Lord President of the Court of Session may nominate a judge of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under sections 90 to 92.

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under sections 90 to 92—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Employment Tribunals Act 1996 (c. 17)

245

The Employment Tribunals Act 1996 is amended as follows.

246

1

Section 22 (membership of appeal tribunal) is amended as follows.

2

In subsection (1)(a)—

a

for “by the Lord Chancellor” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor,”;

b

omit “(other than the Lord Chancellor)”.

3

In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “Lord Chief Justice shall”.

4

After subsection (3) insert—

3A

The Lord Chief Justice must not make an appointment under subsection (3) unless—

a

he has consulted the Lord Chancellor, and

b

the Lord President of the Court of Session agrees.

5

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

6

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).

247

1

Section 23 (temporary membership) is amended as follows.

2

In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice”.

4

After subsection (5) insert—

6

The functions conferred on the Lord Chief Justice by the preceding provisions of this section may be exercised only after consulting the Lord Chancellor.

7

The functions conferred on the Lord Chancellor by subsection (3) may be exercised only after consultation with the Lord Chief Justice.

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

248

1

Section 24 (temporary additional judicial membership) is amended as follows.

2

For subsection (1) substitute—

1

This section applies if both of the following conditions are met—

a

the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal;

b

the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

1A

The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a).

1B

An appointment under this section is—

a

for such period, or

b

on such occasions,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.

3

In subsection (2) for “subsection (1)” substitute “this section”.

4

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

249

In section 25 (tenure of appointed members) after subsection (4) insert—

5

The Lord Chancellor may declare an appointed member’s office vacant under subsection (4) only with the concurrence of the appropriate senior judge.

6

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

250Arbitration Act 1996 (c. 23)

In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and county court), after subsection (3) insert—

3A

The Lord Chancellor must consult the Lord Chief Justice of England and Wales or the Lord Chief Justice of Northern Ireland (as the case may be) before making an order under this section.

3B

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

3C

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

251Criminal Procedure and Investigations Act 1996 (c. 25)

In section 19 of the Criminal Procedure and Investigations Act 1996 (rules of court), in subsection (3) for the words from “with any modifications” to the end substitute “or such provision with modifications”.

Family Law Act 1996 (c. 27)

252

The Family Law Act 1996 is amended as follows.

253

1

Section 57 (jurisdiction of the courts) is amended as follows.

2

In subsections (3), (4) and (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

In subsection (7) after “Lord Chancellor thinks appropriate” insert “, after consulting the Lord Chief Justice”.

4

In subsection (9) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

5

In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”.

6

After subsection (11) insert—

12

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

254

1

Section 61 (appeals) is amended as follows.

2

In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

255Defamation Act 1996 (c. 31)

In section 9 of the Defamation Act 1996 (meaning of summary relief), after subsection (2) insert—

2A

The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making any order under subsection (1)(c) in relation to England and Wales.

2B

The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland.

2C

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

2D

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Housing Act 1996 (c. 52)

256

The Housing Act 1996 is amended as follows.

257

In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

258

In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).

259Education Act 1996 (c. 56)

In section 334 of the Education Act 1996 (Special Educational Needs Tribunal: President and members), in subsection (3)—

a

after “Lord Chancellor” in the first place insert “and of the Lord Chief Justice”;

b

after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

260Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)

In the Schedule (model rules for appeals) to the Deregulation (Model Appeal Provisions) Order 1996, after paragraph 6(3) insert—

3A

The Lord Chancellor may exercise his power under sub-paragraph (3) to remove a person appointed to the panel of chairmen for England and Wales only with the concurrence of the Lord Chief Justice.

Civil Procedure Act 1997 (c. 12)

261

The Civil Procedure Act 1997 is amended as follows.

262

In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit “or alter”.

263

1

Section 2 (Civil Procedure Rule Committee) is amended as follows.

2

For subsection (1) substitute—

1

Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons—

a

the Head of Civil Justice;

b

the Deputy Head of Civil Justice (if there is one);

c

the persons currently appointed in accordance with subsections (1A) and (1B).

1A

The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2).

1B

The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2).

3

In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”.

4

For subsection (3) substitute—

3

Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor.

5

In subsection (4) for “under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult” substitute “in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult”.

6

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

264

1

Section 2A (power to change certain requirements relating to Committee) is amended as follows.

2

In subsection (1) for paragraph (a) substitute—

a

amend section 2(2), (3) or (4), and

3

For subsection (2) substitute—

2

The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

2A

Before making an order under this section the Lord Chancellor must consult the following persons—

a

the Head of Civil Justice;

b

the Deputy Head of Civil Justice (if there is one).

2B

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

265

1

Section 3 (process for making Civil Procedure rules) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.

2

For subsections (3) and (4) substitute—

3

The Lord Chancellor may allow or disallow Rules so made.

4

If the Lord Chancellor disallows Rules, he must give the Committee written reasons for doing so.

3

In subsection (5) for “, as allowed or altered” substitute “and allowed”.

4

In subsection (6) omit “Subject to subsection (7),”.

5

Omit subsection (7).

266

After section 3 insert—

3ARules to be made if required by Lord Chancellor

1

This section applies if the Lord Chancellor gives the Civil Procedure Rules Committee written notice that he thinks it is expedient for Civil Procedure Rules to include provision that would achieve a purpose specified in the notice.

2

The Committee must make such Rules as it considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice to the Committee;

b

made in accordance with section 3.

267

1

Section 4 (power to make consequential amendments) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.

2

In subsections (1) and (2) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).

268

1

Section 6 (Civil Justice Council) is amended as follows.

2

After subsection (2) insert—

2A

The Lord Chancellor must decide the following questions, after consulting the Lord Chief Justice—

a

how many members of the Council are to be drawn from each of the groups mentioned in subsection (2);

b

how many other members the Council is to have.

2B

It is for—

a

the Lord Chief Justice to appoint members of the judiciary to the Council, after consulting the Lord Chancellor;

b

the Lord Chancellor to appoint other persons to the Council.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

269Plant Varieties Act 1997 (c. 66)

1

Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds Tribunal) is amended as follows.

2

In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.

3

In paragraph 5 (duration of appointment)—

a

in sub-paragraph (5) for “paragraph 2, 3 or 4” substitute “paragraph 2 or 3”;

b

after sub-paragraph (5) insert—

5A

Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

4

In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets substitute “(which makes it necessary to obtain the concurrence of the Lord Chancellor and certain judicial office holders to dismissals in certain cases)”.

5

In paragraph 16 (interpretation), in paragraph (c) of the definition of “appointing authority” for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.

270Reserve Forces Appeal Tribunals Rules 1997 (S.I. 1997/798)

1

Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 (acknowledgement and registration of appeal and request to select tribunal) is amended as follows.

2

In sub-paragraph (c), for the words from “Lord Chancellor” to “Northern Ireland” substitute “person who under section 92(2) of the Act is authorised to do so,”.

Social Security Act 1998 (c. 14)

271

The Social Security Act 1998 is amended as follows.

272

1

Section 6 (panel for appointment to appeal tribunals) is amended as follows.

2

In subsection (2) for the words from “such” to the end substitute “persons appointed by the Lord Chancellor”.

3

After subsection (3) insert—

3A

As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.

4

In subsection (5) after “misbehaviour” insert “; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge”.

5

After subsection (5) insert—

5A

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

273

In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph 1(3) (tenure of office) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session,”.

274

In Schedule 4 (Social Security Commissioners), in paragraph 5 (removal) after sub-paragraph (1) insert—

1A

The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge.

1B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

275Data Protection Act 1998 (c. 29)

1

Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as amended by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36)) is amended as follows.

2

In paragraph 2 (designation of persons to hear appeals in national security cases), after sub-paragraph (2) insert—

3

The Lord Chancellor may make, or revoke, a designation under this paragraph only with the concurrence of all of the following—

a

the Lord Chief Justice;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

4

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph.

5

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph.

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

3

In paragraph 3 (constitution of Tribunal in national security cases) (as substituted by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000)—

a

that paragraph becomes sub-paragraph (1) of paragraph 3;

b

after that sub-paragraph insert—

2

The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

4

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

5

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Crime and Disorder Act 1998 (c. 37)

276

The Crime and Disorder Act 1998 (powers of magistrates’ courts exercisable by single justice etc) is amended as follows.

277

1

Section 10 (appeals against parenting orders) is amended as follows.

2

In subsection (6) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

278Human Rights Act 1998 (c. 42)

In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert—

7A

The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)—

a

before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales;

b

before making the order, that person must consult the Lord Chief Justice of England and Wales.

7B

The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)—

a

before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland;

b

before making the order, that person must consult the Lord Chief Justice of Northern Ireland.

7C

The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

7D

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Access to Justice Act 1999 (c. 22)

279

The Access to Justice Act 1999 is amended as follows.

280

1

Section 56 (power to prescribe alternative destination of appeals) is amended as follows.

2

In subsection (4) for paragraphs (c) and (d) substitute—

c

the President of the Queen’s Bench Division,

d

the President of the Family Division, and

e

the Chancellor of the High Court.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

281

1

Section 68 (judges holding office in European or international courts) is amended as follows.

2

In subsection (2), in the definition of “relevant international court” for “for the purposes of this section by the Lord Chancellor or the Secretary of State” substitute “in relation to the holder of a United Kingdom judicial office by the appropriate Minister”.

3

In subsection (6) for “subsection (5)” substitute “this section”.

4

After subsection (7) insert—

8

The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.

9

The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.

10

The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).

11

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

282

1

Section 69 (Vice-President of Queen’s Bench division) is amended as follows.

2

In subsection (1) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”.

3

After subsection (1) insert—

1A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

Immigration and Asylum Act 1999 (c. 33)

283

The Immigration and Asylum Act 1999 is amended as follows.

284

1

Section 53 (applications for bail in immigration cases) is amended as follows.

2

After subsection (6) insert—

6A

In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval.

6B

In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before giving his approval.

3

After subsection (7) insert—

8

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

9

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

285

In Schedule 7 (Immigration Services Tribunal), in paragraph 3 (terms and conditions of appointment of members) after sub-paragraph (4) insert—

5

The Lord Chancellor may dismiss a person under sub-paragraph (4) only with the concurrence of the appropriate senior judge.

6

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the person to be dismissed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

that person exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

286Financial Services and Markets Act 2000 (c. 8)

1

Schedule 13 (Financial Services and Markets Tribunal) of the Financial Services and Markets Act 2000 is amended as follows.

2

In paragraph 2 (president of the tribunal), after sub-paragraph (7) insert—

8

The Lord Chancellor may appoint a person under sub-paragraph (7)(b) only after consulting the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

9

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

10

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

11

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

3

In paragraph 4 (terms of office), after sub-paragraph (2) insert—

2A

The Lord Chancellor may remove a person under sub-paragraph (2) only with the concurrence of the appropriate senior judge.

2B

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

4

In paragraph 8 (sittings) after “Lord Chancellor may” insert “, after consulting the President of the Financial Services and Markets Tribunal,”.

Terrorism Act 2000 (c. 11)

287

The Terrorism Act 2000 is amended as follows.

288

1

Section 74 (court for trial) is amended as follows.

2

In subsection (1)—

a

after “unless” insert “the Lord Chief Justice of Northern Ireland directs that”;

b

in paragraph (a) omit from “the Lord Chancellor” to “directs that”;

c

in paragraph (b) omit “the Lord Chief Justice of Northern Ireland directs that”.

3

After subsection (1) insert—

1A

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

289

1

In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows.

2

In sub-paragraph (1) after “direct” insert

after consulting the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland

3

After sub-paragraph (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

5

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

290

1

Schedule 8 (detention) is amended as follows.

2

In paragraph 29 (warrants of further detention)—

a

in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”;

b

in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor”;

c

after sub-paragraph (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (4)(a).

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(c)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

291Local Government Act 2000 (c. 22)

1

Section 76 of the Local Government Act 2000 (case tribunals and interim case tribunals) is amended as follows.

2

In subsection (9) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (9) insert—

9A

The Lord Chief Justice must consult the Lord Chancellor before specifying a member of the Panel in accordance with subsection (9).

4

In subsection (12) after “Lord Chancellor must” insert “consult the Lord Chief Justice and”.

5

After subsection (14) insert—

15

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

292Postal Services Act 2000 (c. 26)

1

Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office Company: supplementary provisions) is amended as follows.

2

In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

3

In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

Transport Act 2000 (c. 38)

293

The Transport Act 2000 is amended as follows.

294

In section 61 (special provisions about land), in subsection (6)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

295

In section 93 (control in time of hostilities etc), in subsection (10)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

296

In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

297

1

Schedule 6 (transfer schemes) is amended as follows.

2

In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

298Criminal Justice and Court Services Act 2000 (c. 43)

1

Schedule 1 of the Criminal Justice and Court Services Act 2000 (local probation boards) is amended as follows.

2

In paragraph 2 (membership)—

a

in sub-paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor”;

b

after sub-paragraph (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (2).

3

In paragraph 3 (tenure of members), after sub-paragraph (3) insert—

3A

The power conferred by sub-paragraph (3) may be exercised by the Lord Chancellor to remove a person appointed by him by virtue of paragraph 2(2) only with the concurrence of the Lord Chief Justice.

299International Criminal Court Act 2001 (c. 17)

Section 26 of the International Criminal Court Act 2001 (definitions) is amended as follows—

a

that section becomes subsection (1) of section 26;

b

in that subsection for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”;

c

after that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

300Anti-terrorism, Crime and Security Act 2001 (c. 24)

1

In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens Access Appeal Commission), paragraph 4 (sittings) is amended as follows.

2

In sub-paragraph (1) after “direct” insert

after consulting the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3

After sub-paragraph (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).

5

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1).

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Land Registration Act 2002 (c. 9)

301

The Land Registration Act 2002 is amended as follows.

302

1

Section 127 (exercise of powers) is amended as follows.

2

In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice, or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him, after consulting the Lord Chancellor”.

3

In subsection (2)(h) after “consumer affairs” insert “nominated by the Lord Chancellor”.

303

In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-paragraph (2) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

Enterprise Act 2002 (c. 40)

304

The Enterprise Act 2002 is amended as follows.

305

1

Section 268 (disqualification from office: general) is amended as follows.

2

In subsection (7)—

a

omit “made with the concurrence of the Lord Chancellor”;

b

after “tribunal” insert

; but any such order must—

a

if it relates to England and Wales, be made with the concurrence of the Lord Chief Justice of England and Wales;

b

if it relates to Northern Ireland, be made with the concurrence of the Lord Chief Justice of Northern Ireland

3

After subsection (15) insert—

16

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7).

17

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

306

In paragraph 2 of Schedule 2 (tenure of members of Competition Appeal Tribunal), after sub-paragraph (4) insert—

5

The Lord Chancellor may remove a person from office as President under sub-paragraph (4) only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

6

The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge.

7

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

307Finance Act 2003 (c. 14)

1

Schedule 17 to the Finance Act 2003 (stamp duty land tax: General and Special Commissioners, appeals and other proceedings) is amended as follows.

2

In paragraph 2 (regulations about determination of disputes), after sub-paragraph (1) insert—

1A

The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

1B

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

1C

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

1D

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

3

In paragraph 3 (regulations about jurisdiction of General or Special Commissioners), after sub-paragraph (3) insert—

4

The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

5

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

6

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

7

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

In paragraph 5 (regulations about quorum)—

a

that paragraph becomes sub-paragraph (1) of paragraph 5;

b

after that sub-paragraph—

2

The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

4

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

5

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

5

In paragraph 11 (regulations), for sub-paragraph (1) substitute—

1

Any power to make regulations under this Schedule is exercisable—

a

only with the consent of the Scottish Ministers;

b

subject to any other provision of this Schedule.

Courts Act 2003 (c. 39)

308

The Courts Act 2003 is amended as follows.

309

1

In section 2 (Court officers, staff and services), in subsection (7) for paragraphs (c) and (d) substitute—

c

the President of the Queen’s Bench Division,

d

the President of the Family Division, and

e

the Chancellor of the High Court.

310

1

Section 4 (establishment of courts boards) is amended as follows.

2

After subsection (5) insert—

5A

Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.

3

After subsection (7) insert—

7A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

311

1

Section 5 (functions of courts boards) is amended as follows.

2

In subsection (5) after “Lord Chancellor must” insert “, after consulting the Lord Chief Justice,”.

3

In subsection (7) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

4

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

312

1

Section 8 (local justice areas) is amended as follows.

2

After subsection (5) insert—

5A

Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

313

1

Section 10 (appointment of lay justices etc) is amended as follows.

2

In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

In subsection (3) for “or on behalf of the Lord Chancellor” substitute “Lord Chief Justice”.

4

After subsection (5) insert—

6

The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor.

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2) or (3).

314

In section 11 (resignation and removal of lay justices), in subsection (2)—

a

after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”;

b

in paragraph (b) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”.

315

1

Section 13 (entry of names in the supplemental list) is amended as follows.

2

In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.

3

In subsection (5) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

4

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

316

In section 14 (removal of names from the supplemental list), in subsection (2)(b) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

317

1

Section 15 (lay justices’ allowances) is amended as follows.

2

In subsection (7) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7).

318

In section 16 (records of lay justices), after subsection (3) insert—

4

The Lord Chancellor must consult the Lord Chief Justice before—

a

appointing a person under subsection (1), or

b

giving a direction under subsection (2).

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

319

1

Section 17 (chairman and deputy chairmen) is amended as follows.

2

In subsection (3) for “Lord Chancellor, or a person acting on his behalf, may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

320

1

Section 19 (training, development and appraisal of lay justices) is amended as follows.

2

In subsection (2) for “Lord Chancellor” in each place substitute “Lord Chief Justice”.

3

In subsection (3)—

a

for “Lord Chancellor” substitute “Lord Chief Justice”;

b

for “appropriate training and training materials” substitute “training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate”.

4

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

321

1

Section 20 (rules) is amended as follows.

2

In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

In subsection (2)—

a

for “Lord Chancellor” substitute “Lord Chief Justice”;

b

before paragraph (a) insert—

za

the Lord Chancellor,

4

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions of making the rules referred to in this section.

322

1

Section 21 (duty to consult lay justices on matters affecting them etc) is amended as follows.

2

That section becomes subsection (1) of section 21.

3

In that subsection after “Lord Chancellor” insert “and the Lord Chief Justice”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

323

In section 22 (appointment of District Judges (Magistrates’ Courts)), in subsection (5) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

324

In section 24 (Deputy District Judges (Magistrates’ Courts)), in subsection (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

325

1

Section 25 (District Judges (Magistrates’ Courts) as justices of the peace) is amended as follows.

2

In subsection (2), leave out “or on behalf of the Lord Chancellor” and insert “the Lord Chief Justice, after consulting the Lord Chancellor”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

326

1

Section 27 (justices’ clerks and assistant clerks) is amended as follows.

2

In subsection (1)(b) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice,”.

3

In subsection (3)—

a

in paragraph (a) after “must” insert “, after consulting the Lord Chief Justice,”;

b

in paragraph (b) for “subsection (4)” substitute “subsections (4A) to (4C)”.

4

For subsection (4) substitute—

4A

The Lord Chancellor may change an assignment of a justices’ clerk so that he is no longer assigned to a local justice area (“the relevant area”) only if the conditions in subsections (4B) and (4C) are met.

4B

Before changing the assignment, the Lord Chancellor must consult—

a

the chairman of the lay justices assigned to the relevant area, or

b

if that is not possible or not practicable, the deputy chairman or such of the lay justices assigned to or acting in the relevant area as it appears to the Lord Chancellor appropriate to consult.

4C

The Lord Chief Justice must agree to the change.

5

After subsection (6) insert—

6A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

327

1

Section 28 (functions) is amended as follows.

2

In subsection (8) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”.

3

After subsection (9) insert—

10

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

328

1

Section 30 (places, dates and times of sittings) is amended as follows.

2

In subsection (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

In subsection (7) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

4

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (7).

329

1

Section 34 (costs in legal proceedings) is amended as follows.

2

In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

330

For section 62 substitute—

62Head and Deputy Head of Civil Justice

1

There is to be a Head of Civil Justice.

2

The Head of Civil Justice is—

a

the Master of the Rolls, or

b

if the Lord Chief Justice appoints another person, that person.

3

The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.

4

The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—

a

the Lord Chief Justice has consulted the Lord Chancellor;

b

the person to be appointed is one of the following—

i

the Chancellor of the High Court;

ii

an ordinary judge of the Court of Appeal.

5

A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

331

1

Section 64 (power to alter judicial titles) is amended as follows.

2

In subsection (2)—

a

omit “Vice-Chancellor”;

b

insert at the appropriate place—

i

“Chancellor of the High Court”;

ii

“Deputy Head of Civil Justice”;

iii

“Deputy Head of Criminal Justice”;

iv

“Deputy Head of Family Justice”;

v

“Head of Civil Justice”;

vi

“Head of Criminal Justice”;

vii

“Head of Family Justice”;

viii

“President of the Courts of England and Wales”;

ix

“President of the Queen’s Bench Division”.

3

After subsection (3) insert—

3A

The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

4

In subsection (4)—

a

omit paragraph (a);

b

for paragraphs (c) and (d) substitute—

ba

the President of the Queen’s Bench Division,

c

the President of the Family Division, and

d

the Chancellor of the High Court.

5

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

332

In section 69 (Criminal Procedure Rules), in subsection (4) omit “or alter”.

333

1

Section 70 (Criminal Procedure Rule Committee) is amended as follows.

2

In subsection (1) for paragraph (b) substitute—

b

the persons currently appointed in accordance with subsections (1A) and (1B).

3

After subsection (1) insert—

1A

The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2).

1B

The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2).

4

In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”.

5

For subsection (3) substitute—

3

Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor.

3A

Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice.

6

After subsection (5) insert—

5A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

334

1

Section 71 (power to change certain requirements relating to Committee) is amended as follows.

2

In subsection (1) for paragraph (a) substitute—

a

amend section 70(2) or (3A), and

3

For subsection (2) substitute—

2

The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

335

1

Section 72 (process for making Criminal Procedure Rules) is amended as follows.

2

For subsections (3) and (4) substitute—

3

The Lord Chancellor may, with the concurrence of the Secretary of State, allow or disallow rules so made.

4

If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

3

In subsection (5) for “, as allowed or altered” substitute “and allowed”.

336

After section 72 insert—

72ARules to be made if required by Lord Chancellor

1

This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice.

2

The Committee must make such rules as it considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice to the Committee;

b

made in accordance with section 72.

4

The Lord Chancellor may not give notice under subsection (1) unless the Secretary of State agrees.

337

1

Section 73 (power to amend legislation in connection with Criminal Procedure Rules) is amended as follows.

2

That section becomes subsection (1) of section 73.

3

In that subsection after “Secretary of State” insert “and after consulting the Lord Chief Justice”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

338

In section 75 (Family Procedure Rules), in subsection (5) omit “or alter”.

339

1

Section 77 (Family Procedure Rule Committee) is amended as follows.

2

In subsection (1) for paragraph (b) substitute—

b

the persons currently appointed in accordance with subsections (1A) and (1B).

3

After subsection (1) insert—

1A

The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).

1B

The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).

4

In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”.

5

In subsection (3) for “under subsection (2), Lord Chancellor must consult” substitute “in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and”.

6

Omit subsection (4).

7

In subsection (5) for “under subsection (2)(h) to (m), the Lord Chancellor must consult” substitute “in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult”.

8

After section (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

340

1

Section 78 (power to change certain requirements relating to Committee) is amended as follows.

2

In subsection (1)(a) after “Lord Chancellor” insert “or Lord Chief Justice”.

3

After subsection (1) insert—

1A

The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

4

After subsection (2) insert—

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

341

1

Section 79 (process for making Family Procedure Rules) is amended as follows.

2

For subsections (3) and (4) substitute—

3

The Lord Chancellor may allow or disallow rules so made.

4

If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

3

In subsection (5) for “, as allowed or altered” substitute “and allowed”.

342

After section 79 insert—

79ARules to be made if required by Lord Chancellor

1

This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family Procedure Rules to include provision that would achieve a purpose specified in the notice.

2

The Committee must make such rules as it considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice to the Committee;

b

made in accordance with section 79.

343

1

Section 80 (power to amend legislation in connection with the rules) is amended as follows.

2

That section becomes subsection (1) of section 80.

3

In that subsection after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

4

After that subsection insert—

2

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

344

1

Section 81 (practice directions relating to family proceedings) is amended as follows.

2

In subsection (1), before paragraph (a) insert—

za

the civil division of the Court of Appeal,

zb

the High Court,

3

After subsection (2) insert—

2A

Directions as to the practice and procedure of any relevant court in family proceedings (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.

4

In subsection (3) for “magistrates’ courts and county courts (or any of them)” substitute “any relevant court”.

5

After subsection (4) (inserted by paragraph 9(5) of Schedule 2 to this Act) insert—

5

In this section—

“Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;

“relevant court” means a court listed in subsection (1).

345

In section 92 (fees), in subsection (5) for paragraphs (c) and (d) substitute—

ba

the President of the Queen’s Bench Division;

c

the President of the Family Division;

d

the Chancellor of the High Court;

346

1

Section 102 (power to alter judicial titles: Northern Ireland) is amended as follows.

2

Omit subsection (4).

3

After subsection (6) insert—

6A

The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

6B

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

347

In section 107 (interpretation), in subsection (6) omit “by the Lord Chancellor”.

348

In section 108 (rules, regulations and orders), in subsections (1) and (6) after “Lord Chancellor” insert “or Lord Chief Justice”.

349

1

Section 109 (minor and consequential amendments etc) is amended as follows.

2

After subsection (4) insert—

4A

The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)—

a

before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales;

b

before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

4B

The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)—

a

before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland;

b

before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

8

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

350

1

Schedule 1 (constitution and procedure of courts boards) is amended as follows.

2

For paragraph 1 substitute—

1

1

The members of each courts board are to be appointed by the Lord Chancellor.

2

The Lord Chancellor may appoint a member of a description mentioned in paragraph 2(a) only with the concurrence of the Lord Chief Justice.

3

In paragraph 8 (meaning of regulations) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

4

After paragraph 8 insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule.

351

In Schedule 7 (High Court writs of execution), in paragraph 12(4) (regulations) for paragraphs (c) and (d) substitute—

ba

the President of the Queen’s Bench Division,

c

the President of the Family Division,

d

the Chancellor of the High Court, and

Extradition Act 2003 (c. 41)

352

The Extradition Act 2003 is amended as follows.

353

1

Section 67 (the appropriate judge) is amended as follows.

2

In subsection (1)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”.

3

In subsection (1)(c) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor”.

4

After subsection (4) insert—

5

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

354

1

Section 139 (the appropriate judge) is amended as follows.

2

In subsection (1)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”.

3

In subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor”.

4

After subsection (4) insert—

5

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

355

In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)—

a

in paragraph (a) for “by the Lord Chancellor” substitute “under section 67”;

b

in paragraph (b) for “by the Lord Chancellor” substitute “under section 139”.

Criminal Justice Act 2003 (c. 44)

356

The Criminal Justice Act 2003 is amended as follows.

357

1

Section 167 (Sentencing Guidelines Council) is amended as follows.

2

In subsection (1)(b)—

a

for “Lord Chancellor” substitute “Lord Chief Justice”;

b

for “Lord Chief Justice” substitute “Lord Chancellor”.

3

After subsection (9) insert—

10

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

358

1

Section 168 (Sentencing Guidelines Council: supplementary) is amended as follows.

2

In subsection (1) for paragraphs (b) and (c) substitute—

b

enabling the Lord Chancellor to remove a judicial member from office, with the concurrence of the Lord Chief Justice, on the grounds of incapacity or misbehaviour, and

c

enabling the Secretary of State to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.

3

For subsection (2) substitute—

1A

The following provisions apply to an order under subsection (1)—

a

if the order includes provision falling within subsection (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order;

b

if the order includes provision falling within subsection (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision.

1B

The Lord Chief Justice may, with the concurrence of the Lord Chancellor, by order make provision as to the proceedings of the Council.

4

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1B).

359

1

Section 330 (orders and rules) is amended as follows.

2

In subsection (1)(b) after “Lord Chancellor” insert “or the Lord Chief Justice”.

3

After subsection (2) insert—

2A

Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown.

360Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/ 1861)

In regulation 4 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (President of Employment Tribunals), after paragraph (5) insert—

5A

Where the Lord Chancellor is the appointing office holder, he may revoke an appointment in accordance with paragraph (5) only with the concurrence of the Lord Chief Justice.

Part 2Amendments of or relating to enactments repealed or amended otherwise than by this Act

361Introduction

1

This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts.

2

In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”.

3

An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.

362Promissory Oaths Act 1871 (c. 48)

1

Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) is amended as follows.

2

In the paragraph beginning “In England” for “Lord High Chancellor of Great Britain” substitute “Lord Chief Justice of England and Wales”.

3

After that paragraph insert—

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under the preceding paragraph.

4

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39).

for “Lord Chancellor” in the first place substitute “Lord Chief Justice”;

b

for “Lord Chancellor” in the second place substitute “Lord Chief Justice, after consulting the Lord Chancellor”.

7

After paragraph 21 insert—

22

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule.

8

In relation to the enactments referred to in this paragraph, the original amending provision is Schedule 10 to the Courts Act 2003.

364Pensions Appeal Tribunals Act 1943 (c. 39)

1

Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.

2

In subsection (2)—

a

for “a judge of the High Court nominated for the purpose by the Lord Chancellor” substitute “the relevant judicial authority”;

b

for “judge so nominated” substitute “relevant judicial authority”;

c

for “that judge” substitute “that authority”.

3

After subsection (2) insert—

2ZA

In subsection (2) “relevant judicial authority” means—

a

in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

b

in relation to Scotland, the Court of Session;

c

in relation to Northern Ireland, the Court of Appeal in Northern Ireland.

2ZB

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2ZA)(a).

4

After subsection (4) insert—

5

In the application of subsection (2) in relation to Northern Ireland, “rules of court” means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978.

5

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).

365Maintenance Orders Act 1950 (c. 37)

1

In section 25(1) of the Maintenance Orders Act 1950 (power to make rules about procedure under section 144 of the Magistrates’ Court Act 1980), for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.

2

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 91(2) of Schedule 8 to the Courts Act 2003.

366Courts Act 1971 (c. 23)

1

In section 27 of the Courts Act 1971, in the definition of “the senior judges” in subsection (9) for “the Vice-Chancellor and the President of the Family Division” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court”.

2

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 139(a) of Schedule 8 to the Courts Act 2003.

Restrictive Practices Court Act 1976 (c. 33)

367

The Restrictive Practices Court Act 1976 is amended as follows.

368

1

In section 1 (the Court), after subsection (3) insert—

3A

The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3B

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

3C

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

3D

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

2

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

369

1

Section 2 (judges of the Court) is amended as follows.

2

In subsections (1)(a) and (3) for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.

3

After subsection (4) insert—

5

The functions conferred on the Lord Chief Justice of England and Wales or on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.

6

The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.

7

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

8

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

9

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

370

1

Section 3 (non-judicial members) is amended as follows.

2

After subsection (3) insert—

4

The Lord Chancellor may exercise his functions under subsection (2)(b) only with the concurrence of the appropriate senior judge.

5

The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

a

the member to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

b

the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

3

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

371

1

Section 4 (provision for additional judges or members) is amended as follows.

2

In subsection (1), in paragraph (a) after “consultation with” insert “the Lord Chief Justice of England and Wales,”.

3

After subsection (2) insert—

3

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

4

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

5

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

372

1

Section 6 (administration) is amended as follows.

2

In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice of England and Wales,”.

3

After subsection (6) insert—

7

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

4

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

373

1

In section 9 (procedure), in subsection (1) for “Lord Chancellor” substitute “president of the Court with the concurrence of the Lord Chancellor”.

2

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

Magistrates’ Courts Act 1980 (c. 43)

374

The Magistrates’ Courts Act 1980 is amended as follows.

375

1

Section 67 (family proceedings courts and panels) is amended as follows.

2

In subsection (2)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor,”.

3

In subsection (5) for “on the Lord Chancellor” substitute “, exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice,”.

4

After subsection (8) insert—

9

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2)(a).

5

In relation to the enactment referred to in this paragraph, the original amending provision is section 49(1) of the Courts Act 2003.

376

1

Section 68 (combined family panels) is amended as follows.

2

In subsection (2), after “thinks fit” insert “after consulting the Lord Chief Justice”.

3

After subsection (6) insert—

6A

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

4

In relation to the enactment referred to in this paragraph, the original amending provision is section 49(2) of the Courts Act 2003 (c. 39).

377

1

In section 146 (rules relating to youth court panels and composition of youth court), in subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

2

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his powers under rules made under this section.

3

In relation to the enactment referred to in this paragraph, the original amending provision is section 50(3) of the Courts Act 2003.

378Supreme Court Act 1981 (c. 54)

1

Section 130 of the Supreme Court Act 1981 (fees to be taken in Supreme Court) is amended as follows.

2

In subsection (2)(a) for “President of the Family Division and the Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division and the Chancellor of the High Court”.

3

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 263 of Schedule 8 to the Courts Act 2003 (c. 39).

Matrimonial and Family Proceedings Act 1984 (c. 42)

379

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

380

1

Section 40 (family proceedings rules) is amended as follows.

2

In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons—”.

3

For subsection (3) substitute—

3

The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB).

3ZA

The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor.

3ZB

The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice.

3ZC

A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.

4

Omit subsection (5).

5

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.

381

1

After section 40 insert—

40AProcess for making rules of court under section 40

1

Family proceedings rules must be—

a

signed by a majority of the members of the Family Proceedings Rule Committee, and

b

submitted to the Lord Chancellor.

2

The Lord Chancellor may allow or disallow rules so made.

3

If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

4

Rules so made and allowed by the Lord Chancellor—

a

come into force on such day as the Lord Chancellor directs, and

b

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

5

A statutory instrument containing Family Proceedings rules is subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this section and section 40B “Family Proceedings rules” means rules of court made under section 40.

40BRules to be made if required by Lord Chancellor

1

This section applies if the Lord Chancellor gives the Family Proceedings Rule Committee written notice that he thinks it is expedient for Family Proceedings rules to include provision that would achieve a purpose specified in the notice.

2

The Committee must make such Family Proceedings rules as it considers necessary to achieve the specified purpose.

3

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice to the Committee;

b

made in accordance with section 40A.

2

The enactment referred to in this paragraph, for the purposes of paragraph 361(3), is section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42), and in relation to that enactment the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003 (c. 39).

Railways Act 1993 (c. 43)

382

The Railways Act 1993 is amended as follows.

383

1

In section 91 (transfer schemes: general), in subsection (7)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

2

In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000 (c. 38).

384

1

Schedule 8 (transfers by transfer scheme) is amended as follows.

2

In paragraph 14 (third parties affected by vesting provisions), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “Chairman for the time being of the Royal Institution of Chartered Surveyors in Northern Ireland”.

3

In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000.

385Civil Procedure Act 1997 (c. 12)

1

Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee) is amended as follows.

2

After subsection (8) insert—

9

If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so.

3

In relation to the enactment referred to in this paragraph, the original amending provision is section 85(1) of the Courts Act 2003 (c. 39).

Justices of the Peace Act 1997 (c. 25)

386

1

The Justices of the Peace Act 1997 is amended as follows.

2

In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003.

387

1

Section 1 (Commission areas) is amended as follows.

2

In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument”.

3

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

388

1

Section 4 (petty sessions areas) is amended as follows.

2

3

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

389

In section 5 (appointment and removal of justices of the peace), in subsection (1) for “in like manner” substitute “by the Lord Chancellor with the concurrence of the Lord Chief Justice”.

390

1

Section 6 (residence qualification) is amended as follows.

2

In subsection (3) for “Lord Chancellor is” substitute “Lord Chancellor and the Lord Chief Justice are both”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

391

In section 7 (supplemental list for England and Wales), in subsection (4)—

a

after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”;

b

for “Lord Chancellor is” substitute “Lord Chancellor and the Lord Chief Justice are both”.

392

In section 8 (removal of name from supplemental list), in subsection (1) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

393

1

Section 9 (effect of entry of name in supplemental list) is amended as follows.

2

In subsection (3) for “by the Lord Chancellor” substitute “by the Lord Chief Justice”.

3

After subsection (4) insert—

5

The Lord Chief Justice may not give an authorisation under subsection (3) unless the Lord Chancellor concurs.

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

394

In section 10A (appointment and tenure), in subsection (3) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

395

In section 10B (deputies), in subsection (2) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

396

1

Section 10C (status) is amended as follows.

2

In subsection (3) for “given by the Lord Chancellor from time to time” substitute “given by the Lord Chief Justice from time to time after consulting the Lord Chancellor”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

397

1

Section 24 (rules as to chairmanship and size of bench) is amended as follows.

2

In subsection (5) omit “by the Lord Chancellor”.

3

After subsection (5) insert—

6

Rules under this section that relate to the matters referred to in any of paragraphs (c) to (e) of subsection (2) are to be made by the Lord Chief Justice after consulting the Lord Chancellor.

7

Any other rules under this section are to be made by the Lord Chancellor after consulting the Lord Chief Justice.

8

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

398

In section 25 (records of justices of the peace) after subsection (4) insert—

5

The Lord Chancellor must consult the Lord Chief Justice before—

a

designating a justice under subsection (1), or

b

giving a direction under subsection (2).

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

399

1

Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows.

2

In subsection (2)—

a

in paragraph (a) after “Lord Chancellor” insert “or the Lord Chief Justice”;

b

in paragraph (b)—

i

after “Lord Chancellor” in the first place insert “or the Lord Chief Justice”;

ii

for “the Lord Chancellor” in the second place substitute “that person, or those persons,”.

3

In subsection (3)—

a

in paragraph (a) after “Lord Chancellor” insert “or the Lord Chief Justice”;

b

in paragraph (b)—

i

after “Lord Chancellor” in the first place insert “or the Lord Chief Justice”;

ii

for “the Lord Chancellor” in the second place substitute “that person, or those persons,”.

4

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

400

1

Section 27A (magistrates’ courts committees) is amended as follows.

2

3

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

401

1

Section 27B (alteration of committee areas) is amended as follows.

2

In subsection (4) before paragraph (a) insert—

za

the Lord Chief Justice;

3

After subsection (10) insert—

11

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

402

1

Section 33 (alteration of petty sessions areas) is amended as follows.

2

In subsection (2) after “Lord Chancellor” in the first place insert “after he has consulted the Lord Chief Justice”.

3

In subsection (3)—

a

in paragraph (a) after “Lord Chancellor thinks fit” insert “after consulting the Lord Chief Justice”;

b

for paragraph (b) substitute—

b

a magistrates’ court committee fail to comply within six months with a direction under subsection (2);

bb

the Lord Chancellor is, after consulting the Lord Chief Justice, dissatisfied with the draft order or report submitted in pursuance of such a direction; or

4

After subsection (3) insert—

3A

The Lord Chancellor may only make an order to which subsection (3) applies after consulting the Lord Chief Justice.

5

In subsection (4) after “appear to the Lord Chancellor” insert “, after consulting the Lord Chief Justice,”.

6

After subsection (5) insert—

6

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

403

1

Section 53A (costs in legal proceedings) is amended as follows.

2

In subsection (4) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

3

After subsection (6) insert—

7

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

404

1

Section 54 (indemnification of justices and justices’ clerks) is amended as follows.

2

In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”.

3

After subsection (9) insert—

10

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (6).

405

1

Section 64 (training courses) is amended as follows.

2

In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”.

3

After subsection (3) insert—

4

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

406Data Protection Act 1998 (c. 29)

1

Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases) is amended as follows.

2

That paragraph becomes sub-paragraph (1) of paragraph 3.

3

After that sub-paragraph insert—

2

The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

3

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

4

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

5

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36).

407Nationality, Immigration and Asylum Act 2002 (c. 41)

1

In Schedule 5 to the Nationality, Immigration and Asylum Act 2002 (Immigration Appeal Tribunal), paragraph 3 (appointment of President) is amended as follows.

2

That paragraph becomes sub-paragraph (1) of paragraph 3.

3

In that sub-paragraph, after “Lord Chancellor shall” insert “, with the concurrence of the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,”.

4

After that sub-paragraph insert—

2

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

3

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

5

In relation to the enactment referred to in this paragraph, the original amending provision is section 26(5)(b) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).

SCHEDULE 5Functions under legislation relating to Northern Ireland

Section 15

Part 1Amendments

1Land Law (Ireland) Act 1896 (c. 47)

1

Section 24 of the Land Law (Ireland) Act 1896 (power to nominate judge to act as additional land judge) is amended as follows.

2

For “Lord Chancellor” in each place substitute “Lord Chief Justice”.

3

At the end of the section insert—

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))

2

The Coroners Act (Northern Ireland) 1959 is amended as follows.

3

In section 2 (appointment of coroners), after subsection (1) insert—

1A

The Lord Chief Justice must also be consulted before any determination is made under subsection (1) as to numbers of coroners or deputy coroners.

1B

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1A)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

1

Section 3 (power to amalgamate districts) is amended as follows.

2

That section becomes subsection (1) of section 3.

3

After that subsection insert—

2

The Lord Chief Justice must be consulted before any date is appointed and before any order is made under subsection (1).

3

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

5

1

Section 6 (coroner to hold inquests in district in which he is appointed) is amended as follows.

2

In subsection (2) for “Lord Chancellor may” in each place substitute “Lord Chief Justice may, after consultation with the Lord Chancellor,”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

6

1

Section 36 is amended as follows.

2

In subsection (1)—

a

for “The Lord Chancellor may by rules” substitute “Rules under this section may”;

b

in paragraph (a) omit “made after consultation with the Treasury,”;

c

in paragraph (b) omit “made after consultation with the Lord Chief Justice”.

3

After subsection (1) insert—

1A

It is for the Lord Chancellor to make rules under subsection (1)(a), after consultation with the Treasury.

1B

It is for the Lord Chief Justice to make rules under subsection (1)(b), in accordance with subsections (1C) to (1G).

1C

The Lord Chief Justice may make rules under subsection (1)(b) only with the agreement of the Lord Chancellor.

1D

If the Lord Chancellor does not agree such rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice written reasons why he does not agree the rules.

1E

Subsection (1F) applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules under subsection (1)(b) to include provision that would achieve a purpose specified in the notice.

1F

The Lord Chief Justice must make such rules under subsection (1)(b) as he considers necessary to achieve the specified purpose.

1G

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice under subsection (1E);

b

made in accordance with the relevant provisions of this section.

1H

The Lord Chief Justice may nominate any of the following to exercise his functions under subsections (1B), (1C) and (1F)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

7

The County Courts Act (Northern Ireland) 1959 is amended as follows.

8

In section 102 (appointment and assignment of judges), in subsections (2) and (4) for “Lord Chancellor” substitute “Lord Chief Justice”.

9

In section 105 (tenure and oaths of office and retirement of judges), in subsection (4) omit “Lord Chancellor’s”.

10

In section 107 (deputy judges), in subsection (4) omit “Lord Chancellor’s”.

11

In section 116 (pensions of judges), after subsection (5) insert—

5A

The Lord Chancellor must consult the Lord Chief Justice before—

a

making a recommendation in a case that falls within subsection (1)(b), or

b

requiring a person to resume the duties of judge in accordance with subsection (4).

5B

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (5A)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

12

The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 is amended as follows.

13

In section 1 (retiring age of resident magistrates), omit “Lord Chancellor’s”.

14

In section 2 (pensions of resident magistrates), after subsection (6) insert—

7

The Lord Chancellor must consult the Lord Chief Justice before—

a

satisfying himself as mentioned in subsection (3)(c), or

b

requiring a person to resume the duties of resident magistrate in accordance with subsection (4).

8

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (7)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

15

Omit section 11 (resident magistrates already serving).

16Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

In section 9 of the Magistrates’ Courts Act (Northern Ireland) 1964 (appointment and assignment of resident magistrates), in subsections (3) and (5) for “Lord Chancellor” substitute “Lord Chief Justice”.

17Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (terms of appointment of members of Lands Tribunal), in subsection (1)(b) omit “Lord Chancellor’s”.

18Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

1

Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.

2

In paragraph 8 (regulations), after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.

19Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

In section 85 of the Land Registration Act (Northern Ireland) 1970, after subsection (2) insert—

2A

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(a)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

20Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (S.R. 1974/256)

1

Rule 2 of the Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (interpretation) is amended as follows.

2

In paragraph (1), in the definition of “the chairman” for “by the Lord Chief Justice of Northern Ireland” substitute “in accordance with paragraph 1(1)(a) of Schedule 3 to the Act”.

21Social Security (Northern Ireland) Act 1975 (c. 15)

1

Schedule 10 to the Social Security (Northern Ireland) Act 1975 (supplementary provision as to Local Tribunals, Commissioners etc) is amended as follows.

2

In paragraph 6 (Commissioners’ pensions), after sub-paragraph (1) insert—

1ZA

The Lord Chancellor must consult the Lord Chief Justice before satisfying himself as mentioned in sub-paragraph (1)(c).

1ZB

The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (1ZA)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

3

In paragraph 7 (Commissioners’ pensions: supplementary), after sub-paragraph (5) insert—

5A

The Lord Chancellor must consult the Lord Chief Justice before requiring a person to resume the duties of Commissioner in accordance with sub-paragraph (5).

5B

The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (5A)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

Judicature (Northern Ireland) Act 1978 (c. 23)

22

The Judicature (Northern Ireland) Act 1978 is amended as follows.

23

1

Section 7 (further assistance for transaction of judicial business) is amended as follows.

2

In subsections (1) and (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (4) insert—

5

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

24

1

Section 47 (exercise of jurisdiction by Crown Court) is amended as follows.

2

In subsection (2)—

a

for “Lord Chancellor” in the first place substitute “Lord Chief Justice”;

b

for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

3

In subsection (3) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

4

In subsection (5) after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.

5

After subsection (6) insert—

7

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

25

In section 48 (committal for trial on indictment), in subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice”.

26

In section 52 (Crown Court rules), in subsection (1) for the words from the beginning to “prescribing—” substitute—

1

Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing—

27

1

Section 53 (membership of the Crown Court Rules Committee) is amended as follows.

2

In subsection (1)(c) and (d) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

3

After subsection (1) insert—

1A

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

28

After section 53 insert—

53AMaking of Crown Court rules

1

It is for the Crown Court Rules Committee to make Crown Court rules.

2

After making Crown Court rules the Committee must submit them to the Lord Chancellor.

3

The Lord Chancellor must allow or disallow Crown Court rules submitted to him.

4

Crown Court rules have effect only if allowed by the Lord Chancellor.

5

If the Lord Chancellor disallows Crown Court rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them.

6

Subsection (7) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

7

The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.

8

Those Crown Court rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice under subsection (6);

b

made in accordance with this section.

29

1

Section 55 (rules of court) is amended as follows.

2

In subsection (1) for the words from the beginning to “with respect to—” substitute—

1

Subject to any statutory provision, rules may be made in accordance with section 55A with respect to—

3

In subsection (2) for the words from the beginning to “make rules—” substitute—

2

Subject to any statutory provision, rules may be made in accordance with section 55A—

4

In subsection (3) for “made by the Rules Committee” substitute “made under this section”.

30

After section 55 insert—

55AMaking of rules of Court

1

It is for the Rules Committee to make rules under section 55(1) or (2).

2

After making such rules the Rule Committee must submit them to the Lord Chancellor.

3

The Lord Chancellor must allow or disallow rules submitted to him.

4

Rules submitted to the Lord Chancellor have effect only if allowed by him.

5

If the Lord Chancellor disallows rules submitted to him, he must give the Committee written reasons why he has disallowed them.

6

Subsection (7) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.

7

The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.

8

Those rules must be—

a

made within a reasonable period after the Lord Chancellor gives notice under subsection (6);

b

made in accordance with this section.

31

1

Section 58 (sittings of High Court and Court of Appeal) is amended as follows.

2

In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (3) insert—

4

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

32

1

Section 60 (taxation of costs) is amended as follows.

2

In subsection (1) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

3

After subsection (2) insert—

3

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

33

1

Section 68 (departments of the Supreme Court) is amended as follows.

2

In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

In subsection (4) for “Lord Chancellor” substitute “Lord Chief Justice”.

4

After subsection (6) insert—

7

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

34

In section 71 (tenure of office of statutory officers), in subsection (3) omit “Lord Chancellor’s”.

35

1

Section 75 (Official Solicitor) is amended as follows.

2

In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (2) insert—

2A

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

36

1

Section 103 (appointment of justices of the peace) is amended as follows.

2

In subsection (6) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.

3

In subsection (7) after “Lord Chancellor may direct” insert “, after consultation with the Lord Chief Justice,”.

37

Omit section 104 (under-sheriffs).

38

1

Section 112 (oaths and affidavits) is amended as follows.

2

In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”.

3

After subsection (7) insert—

8

The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

39

In section 119 (making and control of subordinate legislation), in subsection (5) omit “on the Lord Chancellor”.

40

1

Schedule 6 (transitional provisions) is amended as follows.

2

Omit paragraph 6(a).

3

In paragraph 9(b) after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.

4

After paragraph 9 insert—

9A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 9—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

5

Omit paragraphs 11(3), 14 and 17.

41 Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

1

Article 48 (the court) is amended as follows.

2

In paragraph (1)—

a

for “by the Lord Chancellor” substitute “in accordance with paragraph (1A)”;

b

omit the words after sub-paragraph (b).

3

After paragraph (1) insert—

1A

It is for the Lord Chancellor, w