Constitutional Reform Act 2005

• (1) Section 268 (disqualification from office: general) is amended as follows.

• (2) In subsection (7)—

• (a) omit “made with the concurrence of the Lord Chancellor”;

• (b) after “tribunal” insert

; but any such order must— (a) if it relates to England and Wales, be made with the concurrence of the Lord Chief Justice of England and Wales; (b) if it relates to Northern Ireland, be made with the concurrence of the Lord Chief Justice of Northern Ireland

• (3) After subsection (15) insert—

(16) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7). (17) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

306

In paragraph 2 of Schedule 2 (tenure of members of Competition Appeal Tribunal), after sub-paragraph (4) insert—

(5) The Lord Chancellor may remove a person from office as President under sub-paragraph (4) only with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (6) The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge. (7) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Finance Act 2003 (c. 14)

307

• (1) Schedule 17 to the Finance Act 2003 (stamp duty land tax: General and Special Commissioners, appeals and other proceedings) is amended as follows.

• (2) In paragraph 2 (regulations about determination of disputes), after sub-paragraph (1) insert—

(1A) The Lord Chancellor may make regulations under this paragraph only after consulting all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (1B) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (1C) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (1D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (3) In paragraph 3 (regulations about jurisdiction of General or Special Commissioners), after sub-paragraph (3) insert—

(4) The Lord Chancellor may make regulations under this paragraph only after consulting all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (4) In paragraph 5 (regulations about quorum)—

• (a) that paragraph becomes sub-paragraph (1) of paragraph 5;

• (b) after that sub-paragraph—

(2) The Lord Chancellor may make regulations under this paragraph only after consulting all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (5) In paragraph 11 (regulations), for sub-paragraph (1) substitute—

(1) Any power to make regulations under this Schedule is exercisable— (a) only with the consent of the Scottish Ministers; (b) subject to any other provision of this Schedule.

Courts Act 2003 (c. 39)

308

The Courts Act 2003 is amended as follows.

309

• (1) In section 2 (Court officers, staff and services), in subsection (7) for paragraphs (c) and (d) substitute—

(c) the President of the Queen's Bench Division, (d) the President of the Family Division, and (e) the Chancellor of the High Court.

310

• (1) Section 4 (establishment of courts boards) is amended as follows.

• (2) After subsection (5) insert—

(5A) Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.

• (3) After subsection (7) insert—

(7A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

311

• (1) Section 5 (functions of courts boards) is amended as follows.

• (2) In subsection (5) after “Lord Chancellor must” insert “, after consulting the Lord Chief Justice,”.

• (3) In subsection (7) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

• (4) After subsection (8) insert—

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

312

• (1) Section 8 (local justice areas) is amended as follows.

• (2) After subsection (5) insert—

(5A) Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.

• (3) After subsection (7) insert—

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

313

• (1) Section 10 (appointment of lay justices etc) is amended as follows.

• (2) In subsection (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) In subsection (3) for “or on behalf of the Lord Chancellor” substitute “ Lord Chief Justice ”.

• (4) After subsection (5) insert—

(6) The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor. (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2) or (3).

314

In section 11 (resignation and removal of lay justices), in subsection (2)—

• (a) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”;

• (b) in paragraph (b) after “Lord Chancellor” insert “ with the concurrence of the Lord Chief Justice ”.

315

• (1) Section 13 (entry of names in the supplemental list) is amended as follows.

• (2) In subsection (3) for “Lord Chancellor may” substitute “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”.

• (3) In subsection (5) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

• (4) After subsection (5) insert—

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

316

In section 14 (removal of names from the supplemental list), in subsection (2)(b) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

317

• (1) Section 15 (lay justices' allowances) is amended as follows.

• (2) In subsection (7) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) After subsection (8) insert—

(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7).

318

In section 16 (records of lay justices), after subsection (3) insert—

(4) The Lord Chancellor must consult the Lord Chief Justice before— (a) appointing a person under subsection (1), or (b) giving a direction under subsection (2). (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

319

• (1) Section 17 (chairman and deputy chairmen) is amended as follows.

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

• (3) After subsection (5) insert—

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

320

• (1) Section 19 (training, development and appraisal of lay justices) is amended as follows.

• (2) In subsection (2) for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

• (3) In subsection (3)—

• (a) for “Lord Chancellor” substitute “ Lord Chief Justice ”;

• (b) for “appropriate training and training materials” substitute “ training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate ”.

• (4) After subsection (3) insert—

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

321

• (1) Section 20 (rules) is amended as follows.

• (2) In subsection (1) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) In subsection (2)—

• (a) for “Lord Chancellor” substitute “ Lord Chief Justice ”;

• (b) before paragraph (a) insert—

(za) the Lord Chancellor,

• (4) After subsection (2) insert—

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

322

• (1) Section 21 (duty to consult lay justices on matters affecting them etc) is amended as follows.

• (2) That section becomes subsection (1) of section 21.

• (3) In that subsection after “Lord Chancellor” insert “ and the Lord Chief Justice ”.

• (4) After that subsection insert—

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

323

In section 22 (appointment of District Judges (Magistrates' Courts)), in subsection (5) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

324

In section 24 (Deputy District Judges (Magistrates' Courts)), in subsection (4) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

325

• (1) Section 25 (District Judges (Magistrates' Courts) as justices of the peace) is amended as follows.

• (2) In subsection (2), leave out “or on behalf of the Lord Chancellor” and insert “ the Lord Chief Justice, after consulting the Lord Chancellor ”.

• (3) After subsection (2) insert—

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

326

• (1) Section 27 (justices' clerks and assistant clerks) is amended as follows.

• (2) In subsection (1)(b) after “Lord Chancellor” insert “ , after consulting the Lord Chief Justice, ”.

• (3) In subsection (3)—

• (a) in paragraph (a) after “must” insert “ , after consulting the Lord Chief Justice, ”;

• (b) in paragraph (b) for “subsection (4)” substitute “ subsections (4A) to (4C) ”.

• (4) For subsection (4) substitute—

(4A) The Lord Chancellor may change an assignment of a justices' clerk so that he is no longer assigned to a local justice area (“the relevant area”) only if the conditions in subsections (4B) and (4C) are met. (4B) Before changing the assignment, the Lord Chancellor must consult— (a) the chairman of the lay justices assigned to the relevant area, or (b) if that is not possible or not practicable, the deputy chairman or such of the lay justices assigned to or acting in the relevant area as it appears to the Lord Chancellor appropriate to consult. (4C) The Lord Chief Justice must agree to the change.

• (5) After subsection (6) insert—

(6A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

327

• (1) Section 28 (functions) is amended as follows.

• (2) In subsection (8) after “Lord Chancellor” insert “ with the concurrence of the Lord Chief Justice ”.

• (3) After subsection (9) insert—

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

328

• (1) Section 30 (places, dates and times of sittings) is amended as follows.

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

• (3) In subsection (7) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

• (4) After subsection (8) insert—

(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (7).

329

• (1) Section 34 (costs in legal proceedings) is amended as follows.

• (2) In subsection (5) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

• (3) After subsection (5) insert—

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

330

For section 62 substitute—

(62) (1) There is to be a Head of Civil Justice. (2) The Head of Civil Justice is— (a) the Master of the Rolls, or (b) if the Lord Chief Justice appoints another person, that person. (3) The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice. (4) The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met— (a) the Lord Chief Justice has consulted the Lord Chancellor; (b) the person to be appointed is one of the following— (i) the Chancellor of the High Court; (ii) an ordinary judge of the Court of Appeal. (5) A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment. (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

331

• (1) Section 64 (power to alter judicial titles) is amended as follows.

• (2) In subsection (2)—

• (a) omit “Vice-Chancellor”;

• (b) insert at the appropriate place—

• (i) “ Chancellor of the High Court ”;

• (ii) “ Deputy Head of Civil Justice ”;

• (iii) “ Deputy Head of Criminal Justice ”;

• (iv) “ Deputy Head of Family Justice ”;

• (v) “ Head of Civil Justice ”;

• (vi) “ Head of Criminal Justice ”;

• (vii) “ Head of Family Justice ”;

• (viii) “ President of the Courts of England and Wales ”;

• (ix) “ President of the Queen's Bench Division ”.

• (3) After subsection (3) insert—

(3A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

• (4) In subsection (4)—

• (a) omit paragraph (a);

• (b) for paragraphs (c) and (d) substitute—

(ba) the President of the Queen's Bench Division, (c) the President of the Family Division, and (d) the Chancellor of the High Court.

• (5) After subsection (6) insert—

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

332

In section 69 (Criminal Procedure Rules), in subsection (4) omit “or alter”.

333

• (1) Section 70 (Criminal Procedure Rule Committee) is amended as follows.

• (2) In subsection (1) for paragraph (b) substitute—

(b) the persons currently appointed in accordance with subsections (1A) and (1B).

• (3) After subsection (1) insert—

(1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2). (1B) The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2).

• (4) In subsection (2) for “The Lord Chancellor must appoint” substitute “ The persons to be appointed in accordance with subsections (1A) and (1B) are ”.

• (5) For subsection (3) substitute—

(3) Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor. (3A) Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice.

• (6) After subsection (5) insert—

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

334

• (1) Section 71 (power to change certain requirements relating to Committee) is amended as follows.

• (2) In subsection (1) for paragraph (a) substitute—

(a) amend section 70(2) or (3A), and

• (3) For subsection (2) substitute—

(2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

335

• (1) Section 72 (process for making Criminal Procedure Rules) is amended as follows.

• (2) For subsections (3) and (4) substitute—

(3) The Lord Chancellor may, with the concurrence of the Secretary of State, allow or disallow rules so made. (4) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

• (3) In subsection (5) for “, as allowed or altered” substitute “ and allowed ”.

336

After section 72 insert—

(72A) (1) This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice. (2) The Committee must make such rules as it considers necessary to achieve the specified purpose. (3) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice to the Committee; (b) made in accordance with section 72. (4) The Lord Chancellor may not give notice under subsection (1) unless the Secretary of State agrees.

337

• (1) Section 73 (power to amend legislation in connection with Criminal Procedure Rules) is amended as follows.

• (2) That section becomes subsection (1) of section 73.

• (3) In that subsection after “Secretary of State” insert “ and after consulting the Lord Chief Justice ”.

• (4) After that subsection insert—

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

338

In section 75 (Family Procedure Rules), in subsection (5) omit “or alter”.

339

• (1) Section 77 (Family Procedure Rule Committee) is amended as follows.

• (2) In subsection (1) for paragraph (b) substitute—

(b) the persons currently appointed in accordance with subsections (1A) and (1B).

• (3) After subsection (1) insert—

(1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2). (1B) The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).

• (4) In subsection (2) for “The Lord Chancellor must appoint” substitute “ The persons to be appointed in accordance with subsections (1A) and (1B) are ”.

• (5) In subsection (3) for “under subsection (2), Lord Chancellor must consult” substitute “ in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and ”.

• (6) Omit subsection (4).

• (7) In subsection (5) for “under subsection (2)(h) to (m), the Lord Chancellor must consult” substitute “ in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult ”.

• (8) After section (6) insert—

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

340

• (1) Section 78 (power to change certain requirements relating to Committee) is amended as follows.

• (2) In subsection (1)(a) after “Lord Chancellor” insert “ or Lord Chief Justice ”.

• (3) After subsection (1) insert—

(1A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

• (4) After subsection (2) insert—

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

341

• (1) Section 79 (process for making Family Procedure Rules) is amended as follows.

• (2) For subsections (3) and (4) substitute—

(3) The Lord Chancellor may allow or disallow rules so made. (4) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

• (3) In subsection (5) for “, as allowed or altered” substitute “ and allowed ”.

342

After section 79 insert—

(79A) (1) This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family Procedure Rules to include provision that would achieve a purpose specified in the notice. (2) The Committee must make such rules as it considers necessary to achieve the specified purpose. (3) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice to the Committee; (b) made in accordance with section 79.

343

• (1) Section 80 (power to amend legislation in connection with the rules) is amended as follows.

• (2) That section becomes subsection (1) of section 80.

• (3) In that subsection after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

• (4) After that subsection insert—

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

344

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

• (2) In subsection (1), before paragraph (a) insert—

(za) the civil division of the Court of Appeal, (zb) the High Court,

• (3) After subsection (2) insert—

(2A) Directions as to the practice and procedure of any relevant court in family proceedings (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) After subsection (4) (inserted by paragraph 9(5) of Schedule 2 to this Act) insert—

(5) In this section— - “Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997; - “relevant court” means a court listed in subsection (1).

345

In section 92 (fees), in subsection (5) for paragraphs (c) and (d) substitute—

(ba) the President of the Queen's Bench Division; (c) the President of the Family Division; (d) the Chancellor of the High Court;

346

• (1) Section 102 (power to alter judicial titles: Northern Ireland) is amended as follows.

• (2) Omit subsection (4).

• (3) After subsection (6) insert—

(6A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. (6B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

347

In section 107 (interpretation), in subsection (6) omit “by the Lord Chancellor”.

348

In section 108 (rules, regulations and orders), in subsections (1) and (6) after “Lord Chancellor” insert “ or Lord Chief Justice ”.

349

• (1) Section 109 (minor and consequential amendments etc) is amended as follows.

• (2) After subsection (4) insert—

(4A) The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)— (a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales; (b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales. (4B) The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)— (a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland; (b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.

• (3) After subsection (6) insert—

(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (8) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

350

• (1) Schedule 1 (constitution and procedure of courts boards) is amended as follows.

• (2) For paragraph 1 substitute—

(1) (1) The members of each courts board are to be appointed by the Lord Chancellor. (2) The Lord Chancellor may appoint a member of a description mentioned in paragraph 2(a) only with the concurrence of the Lord Chief Justice.

• (3) In paragraph 8 (meaning of regulations) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

• (4) After paragraph 8 insert—

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

351

In Schedule 7 (High Court writs of execution), in paragraph 12(4) (regulations) for paragraphs (c) and (d) substitute—

(ba) the President of the Queen's Bench Division, (c) the President of the Family Division, (d) the Chancellor of the High Court, and

Extradition Act 2003 (c. 41)

352

The Extradition Act 2003 is amended as follows.

353

• (1) Section 67 (the appropriate judge) is amended as follows.

• (2) In subsection (1)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”.

• (3) In subsection (1)(c) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”.

• (4) After subsection (4) insert—

(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a). (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

354

• (1) Section 139 (the appropriate judge) is amended as follows.

• (2) In subsection (1)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”.

• (3) In subsection (1)(c) for “Lord Chancellor” substitute “ Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”.

• (4) After subsection (4) insert—

(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a). (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

355

In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)—

• (a) in paragraph (a) for “by the Lord Chancellor” substitute “ under section 67 ”;

• (b) in paragraph (b) for “by the Lord Chancellor” substitute “ under section 139 ”.

Criminal Justice Act 2003 (c. 44)

356

The Criminal Justice Act 2003 is amended as follows.

357

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

358

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

359

• (1) Section 330 (orders and rules) is amended as follows.

• (2) In subsection (1)(b) after “Lord Chancellor” insert “ or the Lord Chief Justice ”.

• (3) After subsection (2) insert—

(2A) Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown.

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/ 1861)

360

In regulation 4 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (President of Employment Tribunals), after paragraph (5) insert—

(5A) Where the Lord Chancellor is the appointing office holder, he may revoke an appointment in accordance with paragraph (5) only with the concurrence of the Lord Chief Justice.

Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act

Introduction

361

• (1) This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts.

• (2) In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”.

• (3) An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.

Promissory Oaths Act 1871 (c. 48)

362

• (1) Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) is amended as follows.

• (2) In the paragraph beginning “In England” for “Lord High Chancellor of Great Britain” substitute “ Lord Chief Justice of England and Wales ”.

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

• (4) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39).

Children and Young Persons Act 1933 (c. 12)

363

• (1) Schedule 2 to the Children and Young Persons Act 1933 (constitution of youth courts) is amended as follows.

• (2) In paragraph 6—

• (a) in paragraph (a)—

• (i) after “he may” insert “ after consulting the Lord Chief Justice ”;

• (ii) after “thinks fit” insert “ after consulting the Lord Chief Justice ”;

• (b) in paragraph (b)—

• (i) after “may” insert “ , after consulting the Lord Chief Justice, ”;

• (ii) after “thinks fit” insert “ , after consulting the Lord Chief Justice, ”.

• (3) In paragraph 14 after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

• (4) In paragraph 15(b)—

• (a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice, after consulting the Lord Chancellor, ”;

• (b) for “order of the Lord Chancellor” substitute “ order made by the Lord Chief Justice after consulting the Lord Chancellor ”.

• (5) In paragraph 16 for “consent of the Lord Chancellor,” substitute “ consent of the Lord Chief Justice, given after consulting the Lord Chancellor, ”.

• (6) In paragraph 18—

• (a) for “Lord Chancellor” in the first place substitute “ Lord Chief Justice ”;

• (b) for “Lord Chancellor” in the second place substitute “ Lord Chief Justice, after consulting the Lord Chancellor ”.

• (7) After paragraph 21 insert—

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

• (8) In relation to the enactments referred to in this paragraph, the original amending provision is Schedule 10 to the Courts Act 2003.

Pensions Appeal Tribunals Act 1943 (c. 39)

364

• (1) Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.

• (2) In subsection (2)—

• (a) for “a judge of the High Court nominated for the purpose by the Lord Chancellor” substitute “ the relevant judicial authority ”;

• (b) for “judge so nominated” substitute “ relevant judicial authority ”;

• (c) for “that judge” substitute “ that authority ”.

• (3) After subsection (2) insert—

(2ZA) In subsection (2) “relevant judicial authority” means— (a) in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in relation to Scotland, the Court of Session; (c) in relation to Northern Ireland, the Court of Appeal in Northern Ireland. (2ZB) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2ZA)(a).

• (4) After subsection (4) insert—

(5) In the application of subsection (2) in relation to Northern Ireland, “rules of court” means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978.

• (5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).

Maintenance Orders Act 1950 (c. 37)

365

• (1) In section 25(1) of the Maintenance Orders Act 1950 (power to make rules about procedure under section 144 of the Magistrates' Court Act 1980), for “Lord Chancellor” substitute “ Lord Chief Justice of England and Wales ”.

• (2) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 91(2) of Schedule 8 to the Courts Act 2003.

Courts Act 1971 (c. 23)

366

• (1) In section 27 of the Courts Act 1971, in the definition of “the senior judges” in subsection (9) for “the Vice-Chancellor and the President of the Family Division” substitute “ the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court ”.

• (2) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 139(a) of Schedule 8 to the Courts Act 2003.

Restrictive Practices Court Act 1976 (c. 33)

367

The Restrictive Practices Court Act 1976 is amended as follows.

368

• (1) In section 1 (the Court), after subsection (3) insert—

(3A) The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (3B) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (3C) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. (3D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (2) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

369

• (1) Section 2 (judges of the Court) is amended as follows.

• (2) In subsections (1)(a) and (3) for “Lord Chancellor” substitute “ Lord Chief Justice of England and Wales ”.

• (3) After subsection (4) insert—

(5) The functions conferred on the Lord Chief Justice of England and Wales or on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor. (6) The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor. (7) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (8) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. (9) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

370

• (1) Section 3 (non-judicial members) is amended as follows.

• (2) After subsection (3) insert—

(4) The Lord Chancellor may exercise his functions under subsection (2)(b) only with the concurrence of the appropriate senior judge. (5) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the member to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

• (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

371

• (1) Section 4 (provision for additional judges or members) is amended as follows.

• (2) In subsection (1), in paragraph (a) after “consultation with” insert “ the Lord Chief Justice of England and Wales, ”.

• (3) After subsection (2) insert—

(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. (5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

372

• (1) Section 6 (administration) is amended as follows.

• (2) In subsection (5) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice of England and Wales, ”.

• (3) After subsection (6) insert—

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

• (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

373

• (1) In section 9 (procedure), in subsection (1) for “Lord Chancellor” substitute “ president of the Court with the concurrence of the Lord Chancellor ”.

• (2) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

Magistrates' Courts Act 1980 (c. 43)

374

The Magistrates' Courts Act 1980 is amended as follows.

375

• (1) Section 67 (family proceedings courts and panels) is amended as follows.

• (2) In subsection (2)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice, after consulting the Lord Chancellor, ”.

• (3) In subsection (5) for “on the Lord Chancellor” substitute “ , exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice, ”.

• (4) After subsection (8) insert—

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

• (5) In relation to the enactment referred to in this paragraph, the original amending provision is section 49(1) of the Courts Act 2003.

376

• (1) Section 68 (combined family panels) is amended as follows.

• (2) In subsection (2), after “thinks fit” insert “ after consulting the Lord Chief Justice ”.

• (3) After subsection (6) insert—

(6A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

• (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 49(2) of the Courts Act 2003 (c. 39).

377

• (1) In section 146 (rules relating to youth court panels and composition of youth court), in subsection (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (2) After subsection (5) insert—

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

• (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 50(3) of the Courts Act 2003.

Supreme Court Act 1981 (c. 54)

378

• (1) Section 130 of the Supreme Court Act 1981 (fees to be taken in Supreme Court) is amended as follows.

• (2) In subsection (2)(a) for “President of the Family Division and the Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division and the Chancellor of the High Court ”.

• (3) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 263 of Schedule 8 to the Courts Act 2003 (c. 39).

Matrimonial and Family Proceedings Act 1984 (c. 42)

379

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

380

• (1) Section 40 (family proceedings rules) is amended as follows.

• (2) In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “ by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons— ”.

• (3) For subsection (3) substitute—

(3) The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB). (3ZA) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor. (3ZB) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice. (3ZC) A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.

• (4) Omit subsection (5).

• (5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.

381

• (1) After section 40 insert—

(40A) (1) Family proceedings rules must be— (a) signed by a majority of the members of the Family Proceedings Rule Committee, and (b) submitted to the Lord Chancellor. (2) The Lord Chancellor may allow or disallow rules so made. (3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so. (4) Rules so made and allowed by the Lord Chancellor— (a) come into force on such day as the Lord Chancellor directs, and (b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown. (5) A statutory instrument containing Family Proceedings rules is subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section and section 40B “Family Proceedings rules” means rules of court made under section 40. (40B) (1) This section applies if the Lord Chancellor gives the Family Proceedings Rule Committee written notice that he thinks it is expedient for Family Proceedings rules to include provision that would achieve a purpose specified in the notice. (2) The Committee must make such Family Proceedings rules as it considers necessary to achieve the specified purpose. (3) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice to the Committee; (b) made in accordance with section 40A.

• (2) The enactment referred to in this paragraph, for the purposes of paragraph 361(3), is section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42), and in relation to that enactment the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003 (c. 39).

Railways Act 1993 (c. 43)

382

The Railways Act 1993 is amended as follows.

383

• (1) In section 91 (transfer schemes: general), in subsection (7)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

• (2) In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000 (c. 38).

384

• (1) Schedule 8 (transfers by transfer scheme) is amended as follows.

• (2) In paragraph 14 (third parties affected by vesting provisions), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “ Chairman for the time being of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

• (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000.

Civil Procedure Act 1997 (c. 12)

385

• (1) Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee) is amended as follows.

• (2) After subsection (8) insert—

(9) If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so.

• (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 85(1) of the Courts Act 2003 (c. 39).

Justices of the Peace Act 1997 (c. 25)

386

• (1) The Justices of the Peace Act 1997 is amended as follows.

• (2) In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003.

387

• (1) Section 1 (Commission areas) is amended as follows.

• (2) In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “ by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument ”.

• (3) After subsection (3) insert—

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

388

• (1) Section 4 (petty sessions areas) is amended as follows.

• (2) In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “ by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument ”.

• (3) After subsection (3) insert—

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

389

In section 5 (appointment and removal of justices of the peace), in subsection (1) for “in like manner” substitute “ by the Lord Chancellor with the concurrence of the Lord Chief Justice ”.

390

• (1) Section 6 (residence qualification) is amended as follows.

• (2) In subsection (3) for “Lord Chancellor is” substitute “ Lord Chancellor and the Lord Chief Justice are both ”.

• (3) After subsection (4) insert—

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

391

In section 7 (supplemental list for England and Wales), in subsection (4)—

• (a) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”;

• (b) for “Lord Chancellor is” substitute “ Lord Chancellor and the Lord Chief Justice are both ”.

392

In section 8 (removal of name from supplemental list), in subsection (1) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

393

• (1) Section 9 (effect of entry of name in supplemental list) is amended as follows.

• (2) In subsection (3) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice ”.

• (3) After subsection (4) insert—

(5) The Lord Chief Justice may not give an authorisation under subsection (3) unless the Lord Chancellor concurs. (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

394

In section 10A (appointment and tenure), in subsection (3) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

395

In section 10B (deputies), in subsection (2) after “Lord Chancellor” insert “ , with the concurrence of the Lord Chief Justice, ”.

396

• (1) Section 10C (status) is amended as follows.

• (2) In subsection (3) for “given by the Lord Chancellor from time to time” substitute “ given by the Lord Chief Justice from time to time after consulting the Lord Chancellor ”.

• (3) After subsection (4) insert—

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

397

• (1) Section 24 (rules as to chairmanship and size of bench) is amended as follows.

• (2) In subsection (5) omit “by the Lord Chancellor”.

• (3) After subsection (5) insert—

(6) Rules under this section that relate to the matters referred to in any of paragraphs (c) to (e) of subsection (2) are to be made by the Lord Chief Justice after consulting the Lord Chancellor. (7) Any other rules under this section are to be made by the Lord Chancellor after consulting the Lord Chief Justice. (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

398

In section 25 (records of justices of the peace) after subsection (4) insert—

(5) The Lord Chancellor must consult the Lord Chief Justice before— (a) designating a justice under subsection (1), or (b) giving a direction under subsection (2). (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

399

• (1) Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) after “Lord Chancellor” insert “ or the Lord Chief Justice ”;

• (b) in paragraph (b)—

• (i) after “Lord Chancellor” in the first place insert “ or the Lord Chief Justice ”;

• (ii) for “the Lord Chancellor” in the second place substitute “ that person, or those persons, ”.

• (3) In subsection (3)—

• (a) in paragraph (a) after “Lord Chancellor” insert “ or the Lord Chief Justice ”;

• (b) in paragraph (b)—

• (i) after “Lord Chancellor” in the first place insert “ or the Lord Chief Justice ”;

• (ii) for “the Lord Chancellor” in the second place substitute “ that person, or those persons, ”.

• (4) After subsection (3) insert—

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

400

• (1) Section 27A (magistrates' courts committees) is amended as follows.

• (2) In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “ by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument ”.

• (3) After subsection (3) insert—

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

401

• (1) Section 27B (alteration of committee areas) is amended as follows.

• (2) In subsection (4) before paragraph (a) insert—

(za) the Lord Chief Justice;

• (3) After subsection (10) insert—

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

402

• (1) Section 33 (alteration of petty sessions areas) is amended as follows.

• (2) In subsection (2) after “Lord Chancellor” in the first place insert “ after he has consulted the Lord Chief Justice ”.

• (3) In subsection (3)—

• (a) in paragraph (a) after “Lord Chancellor thinks fit” insert “ after consulting the Lord Chief Justice ”;

• (b) for paragraph (b) substitute—

(b) a magistrates' court committee fail to comply within six months with a direction under subsection (2); (bb) the Lord Chancellor is, after consulting the Lord Chief Justice, dissatisfied with the draft order or report submitted in pursuance of such a direction; or

• (4) After subsection (3) insert—

(3A) The Lord Chancellor may only make an order to which subsection (3) applies after consulting the Lord Chief Justice.

• (5) In subsection (4) after “appear to the Lord Chancellor” insert “ , after consulting the Lord Chief Justice, ”.

• (6) After subsection (5) insert—

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

403

• (1) Section 53A (costs in legal proceedings) is amended as follows.

• (2) In subsection (4) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

• (3) After subsection (6) insert—

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

404

• (1) Section 54 (indemnification of justices and justices' clerks) is amended as follows.

• (2) In subsection (6) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice after consulting the Lord Chancellor ”.

• (3) After subsection (9) insert—

(10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (6).

405

• (1) Section 64 (training courses) is amended as follows.

• (2) In subsection (1) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice after consulting the Lord Chancellor ”.

• (3) After subsection (3) insert—

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

Data Protection Act 1998 (c. 29)

406

• (1) Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases) is amended as follows.

• (2) That paragraph becomes sub-paragraph (1) of paragraph 3.

• (3) After that sub-paragraph insert—

(2) The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (4) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36).

Nationality, Immigration and Asylum Act 2002 (c. 41)

407

• (1) In Schedule 5 to the Nationality, Immigration and Asylum Act 2002 (Immigration Appeal Tribunal), paragraph 3 (appointment of President) is amended as follows.

• (2) That paragraph becomes sub-paragraph (1) of paragraph 3.

• (3) In that sub-paragraph, after “Lord Chancellor shall” insert “ , with the concurrence of the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, ”.

• (4) After that sub-paragraph insert—

(2) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (3) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (5) In relation to the enactment referred to in this paragraph, the original amending provision is section 26(5)(b) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).

SCHEDULE 5 — Functions under legislation relating to Northern Ireland

Part 1 — Amendments

Land Law (Ireland) Act 1896 (c. 47)

1

• (1) Section 24 of the Land Law (Ireland) Act 1896 (power to nominate judge to act as additional land judge) is amended as follows.

• (2) For “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

• (3) At the end of the section insert—

The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))

2

The Coroners Act (Northern Ireland) 1959 is amended as follows.

3

In section 2 (appointment of coroners), after subsection (1) insert—

(1A) The Lord Chief Justice must also be consulted before any determination is made under subsection (1) as to numbers of coroners or deputy coroners. (1B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

4

• (1) Section 3 (power to amalgamate districts) is amended as follows.

• (2) That section becomes subsection (1) of section 3.

• (3) After that subsection insert—

(2) The Lord Chief Justice must be consulted before any date is appointed and before any order is made under subsection (1). (3) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

5

• (1) Section 6 (coroner to hold inquests in district in which he is appointed) is amended as follows.

• (2) In subsection (2) for “Lord Chancellor may” in each place substitute “ Lord Chief Justice may, after consultation with the Lord Chancellor, ”.

• (3) After subsection (2) insert—

(3) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

6

• (1) Section 36 is amended as follows.

• (2) In subsection (1)—

• (a) for “The Lord Chancellor may by rules” substitute “ Rules under this section may ”;

• (b) in paragraph (a) omit “made after consultation with the Treasury,”;

• (c) in paragraph (b) omit “made after consultation with the Lord Chief Justice”.

• (3) After subsection (1) insert—

(1A) It is for the Lord Chancellor to make rules under subsection (1)(a), after consultation with the Treasury. (1B) It is for the Lord Chief Justice to make rules under subsection (1)(b), in accordance with subsections (1C) to (1G). (1C) The Lord Chief Justice may make rules under subsection (1)(b) only with the agreement of the Lord Chancellor. (1D) If the Lord Chancellor does not agree such rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice written reasons why he does not agree the rules. (1E) Subsection (1F) applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules under subsection (1)(b) to include provision that would achieve a purpose specified in the notice. (1F) The Lord Chief Justice must make such rules under subsection (1)(b) as he considers necessary to achieve the specified purpose. (1G) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice under subsection (1E); (b) made in accordance with the relevant provisions of this section. (1H) The Lord Chief Justice may nominate any of the following to exercise his functions under subsections (1B), (1C) and (1F)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

7

The County Courts Act (Northern Ireland) 1959 is amended as follows.

8

In section 102 (appointment and assignment of judges), in subsections (2) and (4) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

9

In section 105 (tenure and oaths of office and retirement of judges), in subsection (4) omit “Lord Chancellor's”.

10

In section 107 (deputy judges), in subsection (4) omit “Lord Chancellor's”.

11

In section 116 (pensions of judges), after subsection (5) insert—

(5A) The Lord Chancellor must consult the Lord Chief Justice before— (a) making a recommendation in a case that falls within subsection (1)(b), or (b) requiring a person to resume the duties of judge in accordance with subsection (4). (5B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (5A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Resident Magistrates' Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

12

The Resident Magistrates' Pensions Act (Northern Ireland) 1960 is amended as follows.

13

In section 1 (retiring age of resident magistrates), omit “Lord Chancellor's”.

14

In section 2 (pensions of resident magistrates), after subsection (6) insert—

(7) The Lord Chancellor must consult the Lord Chief Justice before— (a) satisfying himself as mentioned in subsection (3)(c), or (b) requiring a person to resume the duties of resident magistrate in accordance with subsection (4). (8) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (7)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26); (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

15

Omit section 11 (resident magistrates already serving).

Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

16

In section 9 of the Magistrates' Courts Act (Northern Ireland) 1964 (appointment and assignment of resident magistrates), in subsections (3) and (5) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

17

In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (terms of appointment of members of Lands Tribunal), in subsection (1)(b) omit “Lord Chancellor's”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

18

• (1) Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.

• (2) In paragraph 8 (regulations), after “Lord Chancellor” insert “ after consultation with the Lord Chief Justice ”.

Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

19

In section 85 of the Land Registration Act (Northern Ireland) 1970, after subsection (2) insert—

(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(a)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (S.R. 1974/256)

20

• (1) Rule 2 of the Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (interpretation) is amended as follows.

• (2) In paragraph (1), in the definition of “the chairman” for “by the Lord Chief Justice of Northern Ireland” substitute “ in accordance with paragraph 1(1)(a) of Schedule 3 to the Act ”.

Social Security (Northern Ireland) Act 1975 (c. 15)

21

• (1) Schedule 10 to the Social Security (Northern Ireland) Act 1975 (supplementary provision as to Local Tribunals, Commissioners etc) is amended as follows.

• (2) In paragraph 6 (Commissioners' pensions), after sub-paragraph (1) insert—

(1ZA) The Lord Chancellor must consult the Lord Chief Justice before satisfying himself as mentioned in sub-paragraph (1)(c). (1ZB) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (1ZA)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (3) In paragraph 7 (Commissioners' pensions: supplementary), after sub-paragraph (5) insert—

(5A) The Lord Chancellor must consult the Lord Chief Justice before requiring a person to resume the duties of Commissioner in accordance with sub-paragraph (5). (5B) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (5A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Judicature (Northern Ireland) Act 1978 (c. 23)

22

The Judicature (Northern Ireland) Act 1978 is amended as follows.

23

• (1) Section 7 (further assistance for transaction of judicial business) is amended as follows.

• (2) In subsections (1) and (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) After subsection (4) insert—

(5) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

24

• (1) Section 47 (exercise of jurisdiction by Crown Court) is amended as follows.

• (2) In subsection (2)—

• (a) for “Lord Chancellor” in the first place substitute “ Lord Chief Justice ”;

• (b) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

• (3) In subsection (3) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

• (4) In subsection (5) after “Lord Chancellor” insert “ after consultation with the Lord Chief Justice ”.

• (5) After subsection (6) insert—

(7) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

25

In section 48 (committal for trial on indictment), in subsection (1)(c) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

26

In section 52 (Crown Court rules), in subsection (1) for the words from the beginning to “prescribing—” substitute—

(1) Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing—

27

• (1) Section 53 (membership of the Crown Court Rules Committee) is amended as follows.

• (2) In subsection (1)(c) and (d) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

• (3) After subsection (1) insert—

(1A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

28

After section 53 insert—

(53A) (1) It is for the Crown Court Rules Committee to make Crown Court rules. (2) After making Crown Court rules the Committee must submit them to the Lord Chancellor. (3) The Lord Chancellor must allow or disallow Crown Court rules submitted to him. (4) Crown Court rules have effect only if allowed by the Lord Chancellor. (5) If the Lord Chancellor disallows Crown Court rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them. (6) Subsection (7) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice. (7) The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose. (8) Those Crown Court rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice under subsection (6); (b) made in accordance with this section.

29

• (1) Section 55 (rules of court) is amended as follows.

• (2) In subsection (1) for the words from the beginning to “with respect to—” substitute—

(1) Subject to any statutory provision, rules may be made in accordance with section 55A with respect to—

• (3) In subsection (2) for the words from the beginning to “make rules—” substitute—

(2) Subject to any statutory provision, rules may be made in accordance with section 55A—

• (4) In subsection (3) for “made by the Rules Committee” substitute “ made under this section ”.

30

After section 55 insert—

(55A) (1) It is for the Rules Committee to make rules under section 55(1) or (2). (2) After making such rules the Rule Committee must submit them to the Lord Chancellor. (3) The Lord Chancellor must allow or disallow rules submitted to him. (4) Rules submitted to the Lord Chancellor have effect only if allowed by him. (5) If the Lord Chancellor disallows rules submitted to him, he must give the Committee written reasons why he has disallowed them. (6) Subsection (7) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice. (7) The Rules Committee must make such rules as it considers necessary to achieve the specified purpose. (8) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice under subsection (6); (b) made in accordance with this section.

31

• (1) Section 58 (sittings of High Court and Court of Appeal) is amended as follows.

• (2) In subsection (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) After subsection (3) insert—

(4) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

32

• (1) Section 60 (taxation of costs) is amended as follows.

• (2) In subsection (1) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”.

• (3) After subsection (2) insert—

(3) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

33

• (1) Section 68 (departments of the Supreme Court) is amended as follows.

• (2) In subsection (2)(b) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) In subsection (4) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (4) After subsection (6) insert—

(7) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

34

In section 71 (tenure of office of statutory officers), in subsection (3) omit “Lord Chancellor's”.

35

• (1) Section 75 (Official Solicitor) is amended as follows.

• (2) In subsection (2)(b) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) After subsection (2) insert—

(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

36

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

37

Omit section 104 (under-sheriffs).

38

• (1) Section 112 (oaths and affidavits) is amended as follows.

• (2) In subsection (3) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

• (3) After subsection (7) insert—

(8) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

39

In section 119 (making and control of subordinate legislation), in subsection (5) omit “on the Lord Chancellor”.

40

• (1) Schedule 6 (transitional provisions) is amended as follows.

• (2) Omit paragraph 6(a).

• (3) In paragraph 9(b) after “Lord Chancellor” insert “ after consultation with the Lord Chief Justice ”.

• (4) After paragraph 9 insert—

(9A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 9— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (5) Omit paragraphs 11(3), 14 and 17.

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

41

• (1) Article 48 (the court) is amended as follows.

• (2) In paragraph (1)—

• (a) for “by the Lord Chancellor” substitute “ in accordance with paragraph (1A) ”;

• (b) omit the words after sub-paragraph (b).

• (3) After paragraph (1) insert—

(1A) It is for the Lord Chancellor, with the concurrence of the Lord Chief Justice, to make an order such as is mentioned in paragraph (1)(b).” (1B) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Reserve and Auxiliary Forces (Protection of Civil Interests) (Northern Ireland) Order 1979 (S.I. 1979/291)

42

• (1) Article 7 of the Reserve and Auxiliary Forces (Protection of Civil Interests) (Northern Ireland) Order 1979 (modifications of section 5 of Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 in application to Northern Ireland) is amended as follows.

• (2) After paragraph (1) insert—