Constitutional Reform Act 2005

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

Trustee Act 1925 (c. 19)

6

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).

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

7

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 ”.

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

8

• (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) ”.

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

9

• (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).

Adoption Act 1976 (c. 36)

10

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.

County Courts Act 1984 (c. 28)

17

• (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.

Matrimonial and Family Proceedings Act 1984 (c. 42)

18

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 ”.

Courts Act 2003 (c. 39)

29

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 2 — Powers to give directions

Part 1 — The process

Interpretation

1

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

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

4

• (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 ”.

Supreme Court Act 1981 (c. 54)

5

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 ”.

Civil Procedure Act 1997 (c. 12)

6

For section 5 of the Civil Procedure Act 1997 substitute—

(5) (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 3 — Transfer of appointment functions to Her Majesty

District Judges

1

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

(6) (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—

(100) (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) 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 registry or registries for which he was appointed.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (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 4 — Other functions of the Lord Chancellor and organisation of the courts

Part 1 — Amendments

Ecclesiastical Licences Act 1533 (c. 21)

1

• (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”.

Cestui que Vie Act 1707 (c. 72)

6

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.

...

10

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

11

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

12

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

Public Notaries Act 1843 (c. 90)

13

• (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).

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

14

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 ”.

British Law Ascertainment Act 1859 (c. 63)

15

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

Promissory Oaths Act 1871 (c. 48)

16

• (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).

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

17

• (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.

Judicial Committee Act 1915 (c. 92)

18

• (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 ”.

Administration of Justice Act 1925 (c. 28)

19

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

Children and Young Persons Act 1933 (c. 12)

20

• (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.

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

23

• (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

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

Lands Tribunal Act 1949 (c. 42)

34

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

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.

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

41

• (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).

City of London (Guild Churches) Act 1952 (c. xxxviii)

42

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 ”.

Pharmacy Act 1954 (c. 61)

43

• (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.

Mines and Quarries Act 1954 (c. 70)

44

• (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).

Agriculture Act 1958 (c. 71)

49

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 ”.

Land Powers (Defence) Act (Inquiries) Rules 1958 (S.I. 1958/2231)

50

• (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; ”.

Mental Health Act 1959 (c. 72)

51

In section 145 of the Mental Health Act 1959 (general provisions as to regulations, orders and rules) omit “or the Lord Chancellor”.

Administration of Justice Act 1960 (c. 65)

52

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

The Transport Act 1962 is amended as follows.

54

• (1) Section 74 (Minister's power to make orders about pensions) is amended as follows.

• (2) In subsection (6)(c) after “Lord Chancellor” insert “ and the Lord Chief Justice of England and Wales ”.

• (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.

55

• (1) Section 81 (compensation to officers and servants of the Commission) is amended as follows

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

• (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.

56

• (1) In Schedule 7 (transitional provisions) paragraph 17 is amended as follows.

• (2) In sub-paragraph (3) after “Lord Chancellor” insert “ and the Lord Chief Justice of England and Wales ”.

• (3) After sub-paragraph (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 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.

City of London (Courts) Act 1964 (c. iv)

60

• (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).

Finance Act 1966 (c. 18)

61

• (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).

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

62

• (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

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

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).

Administration of Justice Act 1970 (c. 31)

66

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Misuse of Drugs Act 1971 (c. 38)

74

• (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—3The Lord Chancellor must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a).4The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3)athe holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;ba Lord Justice of Appeal (as defined in section 88 of that Act).

Land Charges Act 1972 (c. 61)

75

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,”.

Matrimonial Causes Act 1973 (c. 18)

76

• (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.

Plant Varieties and Seeds Tribunal Rules 1974 (S.I. 1974/1136)

80

• (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 ”.

Industry Act 1975 (c. 68)

81

• (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

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Armed Forces Act 1976 (c. 52)

86

• (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).

Race Relations Act 1976 (c. 74)

87

• (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.

Rent (Agriculture) Act 1976 (c. 80)

88

In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure), omit subsection (5).

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

89

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

Patents Act 1977 (c. 37)

90

The Patents Act 1977 is amended as follows.

91

• (1) Section 97 (appeals from the comptroller) is amended as follows.

• (2) In subsection (2) for “or on behalf of the Lord Chancellor” substitute “ the Lord Chief Justice of England and Wales 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 (2).

92

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

Administration of Justice Act 1977 (c. 38)

93

• (1) Section 23 of the Administration of Justice Act 1977 (jurisdiction of ancient courts) is amended as follows.

• (2) In subsection (4) 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.

Rent Act 1977 (c. 42)

94

Omit section 142 of the Rent Act 1977 (rules as to procedure).

National Health Service Act 1977 (c. 49)

95

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

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

96

• (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.

Customs and Excise Management Act 1979 (c. 2)

97

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).

Tobacco Products Duty Act 1979 (c. 7)

98

• (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

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

102

• (1) Section 144 (rule committee and rules of procedure) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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—

(144A) (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.

Housing Act 1980 (c. 51)

104

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