Constitutional Reform Act 2005

• (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

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138

After section 86 insert—

(86A) (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. (86B) (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

In section 98 (judges' clerks and secretaries), in subsection (1) 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 ”.

143

• (1) Section 99 (district registries) is amended as follows.

• (2) In subsection (1) after “Lord Chancellor 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.

144

• (1) Section 104 (district probate registries) is amended as follows.

• (2) In subsection (1) after “Lord Chancellor 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.

145

• (1) Section 131 (conveyancing counsel of Supreme Court) is amended as follows.

• (2) In subsection (2) after “Lord Chancellor” insert “ with the concurrence of 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.

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).

Representation of the People Act 1983 (c. 2)

149

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.

Pastoral Measure 1983 (1983 No. 1)

159

• (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

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162

• (1) Section 3 (places and times of sittings) is amended as follows.

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

• (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

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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

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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

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172

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173

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174

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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).

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

178

• (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 ”.

Transport Act 1985 (c. 67)

179

• (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).

Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001)

184

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”.

Criminal Justice Act 1988 (c. 33)

196

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.

Finance Act 1988 (c. 39)

197

In section 134 (General Commissioners for Northern Ireland), omit subsection (4).

Copyright, Designs and Patents Act 1988 (c. 48)

198

The Copyright, Designs and Patents Act 1988 is amended as follows.

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

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201

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202

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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

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206

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207

In section 96 (evidence given by, or with respect to, children), in subsection (3) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

208

• (1) In section 97 (privacy for children involved in certain proceedings).

• (2) In subsection (4) after “requires it” insert “ and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees ”.

• (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).

209

• (1) In Schedule 1 (financial provision for children), paragraph 5 (maximum lump sum payable for maintenance of child by order of magistrates court) is amended as follows.

• (2) In sub-paragraph (2) after “Lord Chancellor may” substitute “ , after consulting the Lord Chief Justice, ”.

• (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.

210

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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

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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 ”.

Armed Forces Act 1991 (c. 62)

217

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

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Land Drainage Act 1991 (c. 59)

222

• (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”.

Bail (Amendment) Act 1993 (c. 26)

231

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 ”.

Welsh Language Act 1993 (c. 38)

232

• (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).

Trade Marks Act 1994 (c. 26)

238

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.

Merchant Shipping Act 1995 (c. 21)

239

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—

(92A) (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.

Arbitration Act 1996 (c. 23)

250

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).

Criminal Procedure and Investigations Act 1996 (c. 25)

251

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

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254

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Defamation Act 1996 (c. 31)

255

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).

Education Act 1996 (c. 56)

259

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Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)

260

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—

(3A) (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.

Plant Varieties Act 1997 (c. 66)

269

• (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 ”.

Reserve Forces Appeal Tribunals Rules 1997 (S.I. 1997/798)

270

• (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

274

Data Protection Act 1998 (c. 29)

275

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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.

Human Rights Act 1998 (c. 42)

278

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

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Financial Services and Markets Act 2000 (c. 8)

286

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

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).

Local Government Act 2000 (c. 22)

291

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

Postal Services Act 2000 (c. 26)

292

• (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 ”.

Criminal Justice and Court Services Act 2000 (c. 43)

298

• (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.

International Criminal Court Act 2001 (c. 17)

299

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.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

300

• (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