Constitutional Reform Act 2005

(5A) (1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under section 5. (2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed). (3) But nothing in this section authorises the making of a disclosure— (a) which contravenes the Data Protection Act 1998, or (b) which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000. (4) This section does not affect a power to disclose which exists apart from this section. (5) The following are permitted persons— (a) a chief officer of police of a police force in England and Wales; (b) a chief constable of a police force in Scotland; (c) the Chief Constable of the Police Service of Northern Ireland; (d) the Director General of the National Criminal Intelligence Service; (e) the Director General of the National Crime Squad; (f) the Commissioners of Inland Revenue; (g) the Commissioners of Customs and Excise. (6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities). (7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure. (8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)— (a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue, (b) in the case of the Commissioners of Customs and Excise, to a customs officer. (9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

Ombudsman

Northern Ireland Judicial Appointments Ombudsman

124

• (1) The italic cross-heading before section 9 of the 2002 Act is omitted.

• (2) After that section insert—

(9A) (1) There is to be a Northern Ireland Judicial Appointments Ombudsman. (2) The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor. (3) Schedule 3A makes further provision about the Ombudsman.

• (3) Schedule 15 inserts Schedule 3A to the 2002 Act.

Complaints and references

Complaints: interpretation

125

After section 9A of the 2002 Act insert—

(9B) (1) This section applies for the purposes of this Part. (2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission. (3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or the Northern Ireland Court Service in connection with any of the following— (a) recommendation for or appointment to a listed judicial office; (b) appointment under section 2 of the Taxes Management Act 1970 as a Commissioner for the general purposes of the income tax for Northern Ireland. (4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.

Complaints to the Commission or the Lord Chancellor

126

After section 9B of the 2002 Act insert—

(9C) (1) The Commission must make arrangements for investigating any Commission complaint made to it. (2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him. (3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

Complaints to the Ombudsman

127

After section 9C of the 2002 Act insert—

(9D) (1) Subsections (2) and (3) apply to a complaint which the complainant— (a) has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and (b) makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint. (2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant. (3) Otherwise he must investigate the complaint. (4) The Ombudsman may investigate a complaint which the complainant— (a) has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and (b) makes to the Ombudsman at any time. (5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section. (6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments. (7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation. (8) Any complaint to the Ombudsman under this section must be in a form approved by him.

Report and recommendations

128

After section 9D of the 2002 Act insert—

(9E) (1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D. (2) The report must state— (a) what findings the Ombudsman has made; (b) whether he considers the complaint should be upheld in whole or part; (c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint. (3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation. (4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

Report procedure

129

After section 9E of the 2002 Act insert—

(9F) (1) This section applies to a report under section 9E. (2) The Ombudsman must submit a draft of the report— (a) to the Lord Chancellor, and (b) if the complaint was a Commission complaint, to the Commission. (3) In finalising the report the Ombudsman— (a) must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report; (b) must include in the report a statement of any such proposal not given effect to. (4) The report must be signed by the Ombudsman. (5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission. (6) Otherwise the Ombudsman must send the report to the Lord Chancellor. (7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information— (a) which relates to an identified or identifiable individual other than the complainant, and (b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.

References by the Lord Chancellor

130

After section 9F of the 2002 Act insert—

(9G) (1) If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it. (2) The matter may relate to such procedures generally or in a particular case. (3) The Ombudsman must report to the Lord Chancellor on any investigation under this section. (4) The report must state— (a) what findings the Ombudsman has made; (b) what if any action he recommends should be taken by any person in relation to the matter. (5) The report must be signed by the Ombudsman.

Information

131

After section 9G of the 2002 Act insert—

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

Confidentiality in relation to judicial appointments and discipline

132

After section 9H of the 2002 Act insert—

(9I) (1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority. (2) These are the relevant provisions— (a) section 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court); (b) sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates); (c) sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices); (d) section 16 of this Act (complaints about judicial officers); (3) Information is confidential if it relates to an identified or identifiable individual (a “subject”). (4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies— (a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5)); (b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them; (c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description. (5) An opinion or other information given by one identified or identifiable individual (A) about another (B)— (a) is information that relates to both; (b) must not be disclosed to B without A's consent. (6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision. (7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources. (8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty. (9) But it is actionable only at the suit of a person who is a subject of the information. Transfer of functions of justices of the peace

Chapter 2 — Removals

Removal from most senior judicial offices

133

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

Removal from listed judicial offices

134

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

Tribunals for considering removal

135

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

Interpretation of Part 5

136

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

Part 6 — Other provisions relating to the judiciary

Parliamentary disqualification

137

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

• (2) In Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”

• (3) A member of the House of Lords is, while he holds any disqualifying judicial office, disqualified for sitting or voting in—

• (a) the House of Lords,

• (b) a committee of that House, or

• (c) a joint committee of both Houses.

• (4) In subsection (3) “disqualifying judicial office” means any of the judicial offices specified in—

• (a) Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975, or

• (b) Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.

• (5) A member of the House of Lords who is disqualified under subsection (3) is not for that reason disqualified for receiving a writ of summons to attend that House, but any such writ is subject to that subsection.

Encouragement of diversity

137A

Each of the Lord Chancellor and the Lord Chief Justice of England and Wales must take such steps as that office-holder considers appropriate for the purpose of encouraging judicial diversity.

Judicial Committee of the Privy Council

138

Schedule 16 contains amendments about the Judicial Committee of the Privy Council.

Part 7 — General

Confidentiality

139

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

• (2) These are the relevant provisions—

• (a) sections 26 and 27 and regulations under section 27A;

• (b) Part 4;

• (c) regulations and rules under Part 4.

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

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

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

• (b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;

• (c) the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;

• (d) the disclosure is for (and is necessary for) the exercise of powers to which section 108 applies, or a decision whether to exercise them;

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

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

• (a) is information that relates to both;

• (b) must not be disclosed to B without A's consent.

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

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

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

• (9) But it is actionable only at the suit of a person who is a subject of the information.

“Enactment”

140

• (1) In this Act “enactment” includes—

• (a) an enactment contained in this Act;

• (b) an enactment contained in a local, personal or private Act;

• (c) except in sections 19 and 143, an enactment contained in subordinate legislation;

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

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

• (3) In Part 3 “enactment” also includes—

• (a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• (b) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

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

• (a) an enactment contained in Northern Ireland legislation;

• (b) an enactment contained in a Measure of the Church Assembly or of the General Synod of the Church of England.

“Subordinate legislation”

141

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

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

General interpretation

142

In this Act—

• “functions” includes powers and duties;

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

Supplementary provision etc

143

• (1) The Lord Chancellor may by order make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

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

• (2) An order under this section may in particular—

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

• (b) amend or repeal any of the following—

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

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

• (iii) any other instrument or document, including a prerogative instrument;

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

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

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

Orders and regulations

144

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

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

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

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

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

• (za) regulations under section 27A;

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

• (aa) an order under section 85(5);

• (ab) regulations under section 94 or 94C;

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

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

• (d) an order under section 143 which amends a public general Act;

• (e) regulations under Part 1 of Schedule 12.

• (6) In any other case a statutory instrument containing an order or regulations under this Act, unless it contains only an order under section 27B(5), 66(5) or 148, is subject to annulment in pursuance of a resolution of either House of Parliament.

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

Minor and consequential amendments

145

Schedule 17 (minor and consequential amendments) has effect.

Repeals and revocations

146

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

Extent

147

• (1) Sections 7, 8 and 9 extend to England and Wales only.

• (2) Section 6 and Part 5 extend to Northern Ireland only.

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

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

Commencement

148

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

• (2) The provisions excepted from subsection (1) are—

• (a) section 4;

• (b) sections 18 to 22;

• (c) sections 140 to 144;

• (d) section 147;

• (e) this section;

• (f) section 149;

• (g) Schedules 6 and 7.

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

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

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

• (6) An order under this section may make different provision for different purposes.

Short title

149

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

SCHEDULE 1 — Powers to make rules

Part 1 — The process

Interpretation

1

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

The process

2

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

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

• (a) to make designated rules generally, or

• (b) to make designated rules under a particular enactment.

• (3) In this Part—

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

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

3

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

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

4

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

• (a) come into force on such day as the Lord Chancellor directs, and

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

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

5

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

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

• (3) Those rules must be—

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

• (b) made in accordance with the provisions of this Part.

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

Trustee Act 1925 (c. 19)

6

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

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

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

7

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

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

8

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

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

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

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

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

9

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

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

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

• (4) Omit subsections (3) and (4).

Adoption Act 1976 (c. 36)

10

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

Supreme Court Act 1981 (c. 54)

11

The Supreme Court Act 1981 is amended as follows.

12

• (1) Section 127 (probate rules) is amended as follows.

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

• (3) Omit subsection (3).

13

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

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

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

• (4) Omit subsection (3).

Mental Health Act 1983 (c. 20)

14

The Mental Health Act 1983 is amended as follows.

15

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

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

16

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

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

County Courts Act 1984 (c. 28)

17

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

• (2) Omit subsection (4)(c).

• (3) After subsection (4) insert—

(4A) If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.

Matrimonial and Family Proceedings Act 1984 (c. 42)

18

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

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

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

Coroners Act 1988 (c. 13)

19

The Coroners Act 1988 is amended as follows.

20

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

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

21

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

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

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

• (4) Omit subsection (4).

Family Law Act 1996 (c. 27)

22

The Family Law Act 1996 is amended as follows.

23

• (1) For the title to section 12 substitute “ Rules about procedure ”.

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

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

24

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

25

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

Adoption and Children Act 2002 (c. 38)

26

• (1) The Adoption and Children Act 2002 is amended as follows.

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

27

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

28

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

Courts Act 2003 (c. 39)

29

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

SCHEDULE 2 — Powers to give directions

Part 1 — The process

Interpretation

1

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

The process

2

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

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

• (a) to make or give designated directions generally, or

• (b) to make or give designated directions under a particular enactment.

• (3) In this Part—

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

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

3

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

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

• (a) the application or interpretation of the law;

• (b) the making of judicial decisions.

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

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

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

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

4

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

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

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

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

Supreme Court Act 1981 (c. 54)

5

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

Civil Procedure Act 1997 (c. 12)

6

For section 5 of the Civil Procedure Act 1997 substitute—

(5) (1) Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005. (2) Practice directions given otherwise than under subsection (1) may not be given without the approval of— (a) the Lord Chancellor, and (b) the Lord Chief Justice. (3) Practice directions (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules. (4) The power to give practice directions under subsection (1) includes power— (a) to vary or revoke directions given by any person; (b) to give directions containing different provision for different cases (including different areas); (c) to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction. (5) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following— (a) the application or interpretation of the law; (b) the making of judicial decisions. (6) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only— (a) after consulting the Lord Chancellor, and (b) with the approval of the Lord Chief Justice.

Courts Act 2003 (c. 39)

7

The Courts Act 2003 is amended as follows.

8

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

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

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

given otherwise than under subsection (1) may not be given without the approval of— (a) the Lord Chancellor, and (b) the Lord Chief Justice.

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

• (5) For subsection (4) substitute—

(4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following— (a) the application or interpretation of the law; (b) the making of judicial decisions. (5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only— (a) after consulting the Lord Chancellor, and (b) with the approval of the Lord Chief Justice.

9

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

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

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

given otherwise than under subsection (1) may not be given without the approval of— (a) the Lord Chancellor, and (b) the Lord Chief Justice.

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

• (5) After subsection (3) insert—

(4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following— (a) the application or interpretation of the law; (b) the making of judicial decisions. (5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only— (a) after consulting the Lord Chancellor, and (b) with the approval of the Lord Chief Justice.

SCHEDULE 3 — Transfer of appointment functions to Her Majesty

District Judges

1

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

(6) (1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges. (2) The Lord Chief Justice, after consulting the Lord Chancellor— (a) must assign each district judge to one or more districts; (b) may change an assignment so as to assign the district judge to a different district or districts. (3) A reference in any enactment or other instrument to the district judge for a district or of a county court is a reference to any district judge assigned to the district concerned. (4) Every district judge is, by virtue of his office, capable of acting in any district whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice. (5) A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury. (6) A salary payable under this section may be increased but not reduced by a determination or further determination under this section.

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

2

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

(100) (1) The Lord Chief Justice, after consulting the Lord Chancellor— (a) may assign a district judge to one or more district registries; (b) may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry). (2) A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned. (3) Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice. (4) Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.

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

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

High Court Masters and Registrars

3

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

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

• (3) After that subsection insert—

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

• (4) For subsection (3) substitute—

(3) Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”). (3A) A person may be appointed to a senior office only if— (a) he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or (b) he does not hold the qualifying office but could be appointed to it in compliance with section 88. (3B) Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office. (3C) This is the table referred to in subsections (3) and (3A)—

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

• (5) Before subsection (8) insert—

(7A) A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury. (7B) A salary payable under or by virtue of this section— (a) may in any case be increased, but (b) may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced, by a determination or further determination under this section.

4

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

Senior District Judge (Chief Magistrate)

5

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

• (a) for “The Lord Chancellor” substitute “ Her Majesty ”;

• (b) for “he” substitute “ she ”.

6

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

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

Part 1 — Amendments

Ecclesiastical Licences Act 1533 (c. 21)

1

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

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

Habeas Corpus Act 1679 (c. 2)

2

The Habeas Corpus Act 1679 is amended as follows.

3

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

4

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

• (a) “the lord chauncellour or lord keeper or” in each place;

• (b) “lord chauncellor lord keeper”;

• (c) “the said lord chauncellor or lord keeper or” in the first and second places;

• (d) “lord chauncellor or lord keeper or” in the last place.

5

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

Cestui que Vie Act 1707 (c. 72)

6

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

Pluralities Act 1838 (c. 106)

7

The Pluralities Act 1838 is amended as follows.

8

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

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

• (3) Omit “or persons”.

9

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

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

• (3) Omit “or persons” in the second place.

...

10

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

11

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

12

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

Public Notaries Act 1843 (c. 90)

13

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

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

• (3) At the end of that section insert— “ The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section. ”

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

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

14

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

British Law Ascertainment Act 1859 (c. 63)

15

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

Promissory Oaths Act 1871 (c. 48)

16

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

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

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

• (4) After the paragraph beginning “In Ireland” insert—

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

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

17

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

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

• (3) After subsection (2) insert—

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

Judicial Committee Act 1915 (c. 92)

18

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

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

Administration of Justice Act 1925 (c. 28)

19

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

Children and Young Persons Act 1933 (c. 12)

20

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

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

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

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

• (5) After subsection (8) insert—

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

Compensation (Defence) Act 1939 (c. 75)

21

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

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

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

• (4) After section 9(1) insert—

(1A) Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act. (1B) Such rules are to be made as follows— (a) if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor; (b) if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session; (c) if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

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

• (6) After subsection (3) insert—

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

22

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

• (a) omit subsection (2);

• (b) for subsection (4) substitute—

(4) Sections seven and nine of this Act shall have effect with these modifications— (a) in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session; (b) in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.

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

23

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

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

• (3) After subsection (2) insert—

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

Pensions Appeal Tribunals Act 1943 (c. 39)

24

The Pension Appeal Tribunals Act 1943 is amended as follows.

25

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

26

Omit section 13 (application to Scotland).

27

Omit section 14 (application to Northern Ireland).

28

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

• (2) For paragraph 1 substitute—

(1) (1) There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. (2) There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. (3) There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. (4) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1). (5) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).

• (3) In paragraph 2 (membership)—

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

appointed— (a) in relation to England and Wales, by the Lord Chancellor; (b) in relation to Scotland, by the Lord President of the Court of Session; (c) in relation to Northern Ireland, by the Lord Chancellor

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

• (c) for sub-paragraph (3) substitute—

(3A) The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a). (3B) The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).

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

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

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

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

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

• (6) In paragraph 5 (rules)—

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

• (b) for “Lord Chancellor” in the second place substitute “person making them”;

• (c) after sub-paragraph (1) insert—

(1A) Such rules are to made by the following person— (a) if the rules relate to England and Wales, by the Lord Chancellor; (b) if the rules relate to Scotland, by the Lord President of the Court of Session; (c) if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.

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

• (7) Before paragraph 8 insert—

(7B) (1) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under paragraph 1. (2) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under any of the provisions listed in sub-paragraph (3). (3) Those provisions are— (a) paragraph 3C(2)(b); (b) paragraph 5(1A)(b). (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). (5) Those provisions are— (a) paragraph 1; (b) paragraph 3C(2)(c); (c) paragraph 5(1A)(c).

Agriculture Act 1947 (c. 48)

29

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

30

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

31

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

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

32

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

33

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

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

• (a) for “is” substitute “ and Lord Chief Justice are both ”;

• (b) after “may” insert “ , with the concurrence of the Lord Chief Justice, ”.

• (3) In paragraph 16A (discharge of chairman's duties)—

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

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

• (c) after that sub-paragraph insert—

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

Lands Tribunal Act 1949 (c. 42)

34

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

Registered Designs Act 1949 (c. 88)

35

The Registered Designs Act 1949 is amended as follows.

36

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

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

• (3) After subsection (2) insert—

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

37

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

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

• (3) After subsection (10) insert—

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

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

38

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

39

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

(3A) The Lord Chancellor may make a recommendation under subsection (3) only with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland.

40

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

(1) The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (1A) The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (1B) An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge. (1C) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

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

41

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

• (2) After subsection (5) insert—

(5A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making rules under subsection (1) that relate to England and Wales. (5B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (5A).

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

42

In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of—

• (a) All Hallows London Wall,

• (b) St. Margaret Pattens, and

• (c) St. Mary Aldermary,

substitute “ Her Majesty ”.

Pharmacy Act 1954 (c. 61)

43

• (1) In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3 (appointments) is amended as follows.

• (2) In sub-paragraph (4) for “by the Lord Chancellor and” substitute “ by the Lord Chief Justice, after consulting the Lord Chancellor, and by ”.

• (3) After sub-paragraph (5) insert—

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

Mines and Quarries Act 1954 (c. 70)

44

• (1) Section 170 of the Mines and Quarries Act 1954 (provisions as to references upon notices) is amended as follows.

• (2) In subsection (9) after “Lord Chancellor” insert “ , the Lord Chief Justice ”.

• (3) After subsection (9) insert—

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

Land Powers (Defence) Act 1958 (c. 30)

45

Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to making certain orders under the Act) is amended as follows.

46

• (1) Paragraph 4 (inquiries into objections) is amended as follows.

• (2) In sub-paragraph (1) for “by the Lord Chancellor” substitute “ in accordance with sub-paragraph (1A) ”.

• (3) After sub-paragraph (1) insert—

(1A) A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows— (a) if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session; (c) if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.

• (4) In sub-paragraph (3) for “The Lord Chancellor shall by statutory instrument make rules of procedure” substitute “ Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A) ”.

• (5) After sub-paragraph (3) insert—

(3A) Rules under sub-paragraph (3) are to be made as follows— (a) if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor; (b) if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session; (c) if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.

• (6) In sub-paragraph (4) for the words from “as the Lord Chancellor” to the end substitute

as may be determined, with the approval of the Treasury— (a) by the Lord Chancellor, or (b) in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.

• (7) After sub-paragraph (4) insert—

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

47

• (1) Paragraph 8 (application to court to challenge order) is amended as follows.

• (2) That paragraph becomes sub-paragraph (1) of paragraph 8.

• (3) In that sub-paragraph “for High Court” substitute “ appropriate court ”.

• (4) After that sub-paragraph insert—

(2) In this paragraph “appropriate court” means— (a) if the order relates to land in England and Wales, the High Court in England and Wales; (b) if the order relates to land in Scotland, the Court of Session; (c) if the order relates to land in Northern Ireland, the High Court in Northern Ireland.

48

Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).

Agriculture Act 1958 (c. 71)

49

In the Agriculture Act 1958, in section 5 (functions under section 73 of the Agriculture Act 1947) for “by the Lord Chancellor and not by the Minister” substitute “ as provided for in that section ”.

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

50

• (1) Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958 (interpretation) is amended as follows.

• (2) In paragraph (1), in the definition of “appointed person” for the words from “appointed by” to the end substitute “ appointed in accordance with sub-paragraph (1A) of paragraph 4 of the Second Schedule to the Act to hold an inquiry pursuant to that paragraph; ”.

Mental Health Act 1959 (c. 72)

51

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

Administration of Justice Act 1960 (c. 65)

52

In section 14 of the Administration of Justice Act 1960 (procedure on application for habeas corpus), in subsection (2) omit “; and no such application shall in any case be made to the Lord Chancellor”.

Transport Act 1962 (c. 46)

53

The Transport Act 1962 is amended as follows.

54

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

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

• (3) After subsection (9) insert—