Constitutional Reform Act 2005

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

55

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

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

• (3) After subsection (10) insert—

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

56

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

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

• (3) After sub-paragraph (6) insert—

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

57

Schedule 11 (application to Northern Ireland) is amended as follows.

58

• (1) Paragraph 6 (appointment of referee or board of referees) is amended as follows.

• (2) That paragraph becomes sub-paragraph (1) of paragraph 6.

• (3) After that sub-paragraph insert—

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

59

Omit paragraph 10.

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

60

• (1) Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as follows.

• (2) That section becomes subsection (1) of section 15.

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

• (4) After that subsection insert—

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

Finance Act 1966 (c. 18)

61

• (1) In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6 is amended as follows.

• (2) In sub-paragraph (2)—

• (a) after “Lord Chancellor” insert “ with the concurrence of the Lord Chief Justice of England and Wales ”;

• (b) before “the Lord Chief Justice of Northern Ireland” insert “ by the Lord Chancellor with the concurrence of ”.

• (3) After sub-paragraph (4) insert—

(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

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

62

• (1) Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for particular sittings) is amended as follows.

• (2) In subsection (4) after “expedient to do so” insert “ after consulting the Lord Chief Justice ”.

• (3) After subsection (5) insert—

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

Taxes Management Act 1970 (c. 9)

63

The Taxes Management Act 1970 is amended as follows.

64

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

65

• (1) Section 4 (Special Commissioners) is amended as follows.

• (2) After subsection (3) insert—

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

• (3) After subsection (4) insert—

(4A) The Lord Chancellor may remove a Special Commissioner from office under subsection (4) only with the concurrence of the appropriate senior judge. (4B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the Special Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the Special Commissioner exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

• (4) After subsection (7) insert—

(8) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3A). (9) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A). (10) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Administration of Justice Act 1970 (c. 31)

66

• (1) Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) is amended as follows.

• (2) For subsection (1) substitute—

(1) This section applies if both of the following conditions are met— (a) the Lord Chancellor thinks that it is expedient, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the Tribunal); (b) the Lord Chancellor requests the Lord Chief Justice to make such an appointment. (1A) The Lord Chief Justice may, after consulting the Lord Chancellor, appoint one of the following persons as mentioned in subsection (1)(a)— (a) a judge of the Court of Appeal; (b) a person who has held office as a judge of the Court of Appeal or of the High Court; (c) one of Her Majesty's Counsel. (1B) An appointment under this section is— (a) for such period, or (b) for the purpose of hearing such appeals, as the Lord Chief Justice determines, after consulting the Lord Chancellor.

• (3) After subsection (4) insert—

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

Courts Act 1971 (c. 23)

67

The Courts Act 1971 is amended as follows.

68

In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after “fit” insert “ and if the Lord Chief Justice agrees ”.

69

• (1) Section 21 (appointment of Recorders) is amended as follows.

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

(3) The appointment of a person as a Recorder shall specify the following— (a) the term for which he is appointed; (b) the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder; (c) the circumstances in which the Lord Chancellor may— (i) decline to extend the term of the appointment, or (ii) terminate the appointment, (other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)). (4) Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees. (4A) Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate. (4B) The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension. (4C) The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds— (a) the incapacity or misbehaviour of the Recorder; (b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment; (c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

• (3) For subsection (6) substitute—

(6) The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds— (a) the incapacity or misbehaviour of the Recorder; (b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment; (c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

70

• (1) Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows.

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

• (3) After subsection (3) insert—

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

71

• (1) Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows.

• (2) In subsection (1)—

• (a) for “the Lord Chancellor” substitute “him”;

• (b) omit “, he may”;

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

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

• (3) After subsection (5) insert—

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

72

In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

73

In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.

Misuse of Drugs Act 1971 (c. 38)

74

• (1) Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies and professional panels) is amended as follows.

• (2) In the table in paragraph 21 (application of Parts 1 to 3 to Northern Ireland), in the entry for paragraph 1—

• (a) for “the references to the Lord Chancellor and” substitute “ any reference to ”;

• (b) for “respectively references to the Lord Chief Justice of Northern Ireland and” substitute “ a reference to ”.

• (3) In that table, in the entry for paragraph 13—

• (a) for “the references to the Lord Chancellor and” substitute “ any reference to the ”;

• (b) for “respectively references to the Lord Chief Justice of Northern Ireland and” substitute “ a reference to ”;

• (c) at the end of that entry insert—

After sub-paragraph (2) there shall be inserted—3The Lord Chancellor must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a).4The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3)athe holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;ba Lord Justice of Appeal (as defined in section 88 of that Act).

Land Charges Act 1972 (c. 61)

75

In section 16 of the Land Charges Act 1972 (general rules), in subsection (2) omit “of the Lord Chancellor, with the concurrence of the Secretary of State,”.

Matrimonial Causes Act 1973 (c. 18)

76

• (1) Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree nisi: religious marriage) is amended as follows.

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

• (3) After subsection (7) insert—

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

Juries Act 1974 (c. 23)

77

The Juries Act 1974 is amended as follows.

78

In section 5 (panels of persons summoned as jurors), after subsection (4) insert—

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

79

• (1) Section 9AA (requirement to issue guidance) is amended as follows.

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

• (3) After subsection (2) insert—

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

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

80

• (1) Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974 (interpretation) is amended as follows.

• (2) In paragraph (1), in the definition of “the chairman” for the words from “appointed” to “Northern Ireland” in the second place substitute “ appointed in accordance with paragraph 2, 3 or 4 of Schedule 3 to the Plant Varieties Act 1997 ”.

Industry Act 1975 (c. 68)

81

• (1) Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows.

• (2) In paragraph 4 (constitution and sittings)—

• (a) that paragraph becomes sub-paragraph (1) of paragraph 4;

• (b) in that sub-paragraph after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, ”;

• (c) after that sub-paragraph insert—

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

• (3) In paragraph 5 (Scottish proceedings) for “paragraph 4” substitute “ paragraph 4(1) ”.

• (4) In paragraph 8(a) (meaning of “appointor”) for “paragraph 4” substitute “ paragraph 4(1) ”.

• (5) After paragraph 8 insert—

(8A) Where the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge. (8B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Local Land Charges Act 1975 (c. 76)

82

The Local Land Charges Act 1975 is amended as follows.

83

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

84

• (1) Section 9 (official searches) is amended as follows.

• (2) For subsection (3) substitute—

(3) In relation to England, the fee (if any) specified by a registering authority under section 13A below shall be payable, in such manner as the authority may specify, in respect of any requisition made under this section to that authority. (3A) In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.

• (3) In subsection (4)—

• (a) after “fee” insert “(if any)”;

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

85

• (1) In section 14 (rules), for subsection (1)(h) substitute—

(h) for prescribing— (i) in relation to England, the fees, if any, to be paid for the making of any personal search; (ii) in relation to Wales, the fees, if any, to be paid for the filing of documents with a registering authority, the making of any entry on a register, the supply of copies of, or the variation or cancellation of, any such entry, and the making of any search of a register.

• (2) The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.

Armed Forces Act 1976 (c. 52)

86

• (1) Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows.

• (2) After subsection (3) insert—

(3A) The Lord Chancellor may give approval to an order under subsection (3) only after consulting the relevant judges.

• (3) After subsection (4) insert—

(4A) The Lord Chancellor may make an appointment under subsection (4) only with the concurrence of the relevant judges.

• (4) In subsection (7) after “Lord Chancellor” insert “ and the relevant judges ”.

• (5) After subsection (8) insert—

(8A) The Lord Chancellor may give his approval under section (8) only with the concurrence of the relevant judges.

• (6) After subsection (11) insert—

(11A) The Lord Chancellor may give his approval to the removal of a member under subsection (11) only with the concurrence of the Lord Chief Justice of England and Wales.

• (7) After subsection (17) insert—

(18) References in this section to the relevant judges are references to all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland. (19) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section, except his functions under subsection (11A). (20) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. (21) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Race Relations Act 1976 (c. 74)

87

• (1) Section 67 of the Race Relations Act 1976 (sheriff courts and designated county courts) is amended as follows.

• (2) In subsection (1) after “Lord Chancellor” insert “ with the concurrence of the Lord Chief Justice ”.

• (3) After subsection (5) insert—

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

Rent (Agriculture) Act 1976 (c. 80)

88

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

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

89

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

Patents Act 1977 (c. 37)

90

The Patents Act 1977 is amended as follows.

91

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

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

• (3) After subsection (3) insert—

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

92

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

Administration of Justice Act 1977 (c. 38)

93

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

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

• (3) After subsection (5) insert—

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

Rent Act 1977 (c. 42)

94

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

National Health Service Act 1977 (c. 49)

95

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

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

96

• (1) Section 2 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for financial provision) is amended as follows.

• (2) In subsection (3) omit the second paragraph.

• (3) After subsection (3) insert—

(4) An order made by the Lord Chancellor under this section— (a) shall be made only after consultation with the Lord Chief Justice; (b) shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament. (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Customs and Excise Management Act 1979 (c. 2)

97

In Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to forfeiture), after paragraph 17(4) insert—

(5) The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence— (a) where the proceedings referred to in sub-paragraph (1) were taken in England and Wales, of the Lord Chief Justice of England and Wales; (b) where those proceedings were taken in Scotland, of the Lord President of the Court of Session; (c) where those proceedings were taken in Northern Ireland, of the Lord Chief Justice of Northern Ireland. (6) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (7) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (8) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Tobacco Products Duty Act 1979 (c. 7)

98

• (1) Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows.

• (2) In subsection (4) for the words from “by the Lord Chancellor” to the end substitute “ in accordance with subsections (7) to (9). ”

• (3) After subsection (6) insert—

(7) The Lord Chancellor is to appoint the referee. (8) The appointment is to be made only with the concurrence of— (a) the Lord Chief Justice of England and Wales, if the determination of the Commissioners was made in relation to England and Wales; (b) the Lord President of the Court of Session, if the determination was made in relation to Scotland; or (c) the Lord Chief Justice of Northern Ireland, if the determination was made in relation to Northern Ireland. (9) None of the following may be appointed— (a) an official of any government department; (b) an office holder in, or a member of the staff of, the Scottish Administration. (10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (11) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section. (12) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Magistrates' Courts Act 1980 (c. 43)

99

The Magistrates' Courts Act 1980 is amended as follows.

100

• (1) Section 3B (transfer of trials of summary offences) is amended as follows.

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

• (3) After subsection (4) insert—

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

101

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

102

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

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

• (3) In subsection (1)—

• (a) for the words from the beginning to “and may on” substitute “The Lord Chief Justice may on”;

• (b) after “consultation with the rule committee” insert “, and with the concurrence of the Lord Chancellor,”.

• (4) After subsection (1) insert—

(1A) If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice and the rules committee written reasons for doing so.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) After subsection (4) insert—

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

103

After section 144 insert—

(144A) (1) This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice. (2) The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose. (3) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice; (b) made in accordance with section 144. (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Housing Act 1980 (c. 51)

104

In section 86 of the Housing Act 1980 (jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)

105

The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 is amended as follows.

106

In Article 6 (directions in relation to appeals brought or continued under the Order) for “judge of the High Court nominated by the Lord Chancellor in accordance with” substitute “ relevant judicial authority for the purposes of ”.

107

In Article 10 (application to Scotland), omit paragraphs (b) and (c).

108

In Article 11 (application to Northern Ireland)—

• (a) omit paragraphs (b) and (c)';

• (b) in paragraph (d) for “Chairman” substitute “ President ”.

Judicial Pensions Act 1981 (c. 20)

109

The Judicial Pensions Act 1981 is amended as follows.

110

In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit “, other than the Lord Chancellor”.

111

• (1) Section 5 (Circuit Judge in England and Wales) is amended as follows.

• (2) After subsection (1) insert—

(1A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making a recommendation in a case that falls within subsection (1)(b) or (c).

• (3) After subsection (6) insert—

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

112

• (1) Section 7 (stipendiary magistrates in England and Wales) is amended as follows.

• (2) After subsection (1) insert—

(1A) The Lord Chancellor must consult the Lord Chief Justice before making a recommendation in a case that falls within subsection (1)(b).

• (3) After subsection (6) insert—

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

113

• (1) Section 13 (Social Security Commissioners) is amended as follows.

• (2) After subsection (1) insert—

(1A) In a case that falls within subsection (1)(c), the Lord Chancellor must consult— (a) the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales; (b) the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland; (c) the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.

• (3) After subsection (6)—

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

Supreme Court Act 1981 (c. 54)

114

The Supreme Court Act 1981 is amended as follows.

115

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

• (2) In subsection (2)—

• (a) omit paragraph (a);

• (b) in paragraph (b) for “has been Lord Chancellor” substitute “ was Lord Chancellor before 12 June 2003 ”;

• (c) for paragraphs (f) and (g) substitute—

(f) the President of the Queen's Bench Division; (g) the President of the Family Division; (h) the Chancellor of the High Court;

• (d) for “Lord Chancellor's request” substitute “ request of the Lord Chief Justice ”.

• (3) After subsection (2) insert—

(2A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.

• (4) After subsection (4) insert—

(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).

• (5) In subsection (6)—

• (a) omit “Lord Chancellor,”;

• (b) for “President of the Family Division or Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court ”.

116

• (1) Section 3 (Divisions of Court of Appeal) is amended as follows.

• (2) In subsection (3) for “Lord Chancellor may” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor ”.

• (3) After subsection (5) insert—

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

117

• (1) Section 4 (membership of the High Court) is amended as follows.

• (2) In subsection (1)—

• (a) omit paragraph (a);

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

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

• (3) After subsection (4) insert—

(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).

• (4) In subsection (6)—

• (a) omit “Lord Chancellor,”;

• (b) for “President of the Family Division, Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division, Chancellor of the High Court ”.

118

• (1) Section 5 (divisions of the High Court) is amended as follows.

• (2) In subsection (1)(a) for the words from “the Lord Chancellor” to “vice-president thereof,” substitute “ the Chancellor of the High Court, who shall be president thereof, ”.

• (3) In subsection (1)(b) for “who shall be president thereof” substitute “ , the President of the Queen's Bench Division ”.

• (4) In subsection (2) for “of the Lord Chancellor” in each place substitute “ given by the Lord Chief Justice after consulting the Lord Chancellor ”.

• (5) In subsection (3) for the words from “with the concurrence of” to the end substitute

with the concurrence of both of the following— (a) the senior judge of the Division to which the judge is attached; (b) the senior judge of the Division of which the judge is to act as an additional judge.

• (6) After subsection (5) insert—

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

119

• (1) Section 6 (the Patents, Admiralty and Commercial Courts) is amended as follows.

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

• (3) After subsection (2) insert—

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

120

• (1) Section 7 (power to alter Divisions etc) is amended as follows.

• (2) In subsection (1) after “recommendation of” insert “ the Lord Chancellor and ”.

• (3) In subsection (2)—

• (a) omit “the Lord Chancellor,”;

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

121

• (1) Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows.

• (2) In subsection (2)—

• (a) for the definition of “the appropriate authority” substitute—

“the appropriate authority” means— (a) the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or (b) at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;

• (b) omit the words after the definition of “relevant court”.

• (3) After subsection (2) insert—

(2A) The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D). (2B) In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor. (2C) In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor. (2D) In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.

• (4) In subsection (4)—

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

• (b) for “Lord Chancellor thinks fit” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, think fit ”.

• (5) After subsection (8) insert—

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

122

• (1) Section 10 (appointment of judges of Supreme Court) is amended as follows.

• (2) In subsection (1)—

• (a) for “President of the Family Division or Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court ”;

• (b) after “may” insert “ , on the recommendation of the Lord Chancellor, ”.

• (3) In subsection (2) after “may” insert “ , on the recommendation of the Lord Chancellor, ”.

• (4) In subsection (3)(a) for “President of the Family Division or Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court ”.

• (5) For subsection (4) substitute—

(4) A person appointed— (a) to any of the offices mentioned in subsection (1), (b) as a Lord Justice of Appeal, or (c) as a puisne judge of the High Court, shall take the required oaths as soon as may be after accepting office. (5) In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following— (a) the Master of the Rolls; (b) the President of the Queen's Bench Division; (c) the President of the Family Division; (d) the Chancellor of the High Court. (6) Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant. (7) In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of— (a) the Lord Chief Justice, or (b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose. (8) In this section “required oaths” means— (a) the oath of allegiance, and (b) the judicial oath, as set out in the Promissory Oaths Act 1868.

123

• (1) Section 11 (tenure of office) is amended as follows.

• (2) In subsection (1) omit “except the Lord Chancellor”.

• (3) After subsection (3) insert—

(3A) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).

• (4) In subsection (9)(a) for “the President of the Family Division and the Vice-Chancellor,” substitute “ the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court, ”.

124

In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit “, other than the Lord Chancellor,”.

125

• (1) Section 13 (precedence of judges of Supreme Court) is amended as follows.

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

(2) Subject to subsection (1)(b), the President of the Queen's Bench Division shall rank next after the Master of the Rolls. (2A) The President of the Family Division shall rank next after the President of the Queen's Bench Division. (3) The Chancellor of the High Court shall rank next after the President of the Family Division.

• (3) In subsection (4) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

126

In section 44 (extraordinary functions of judges of High Court), in subsection (2) omit “the Lord Chancellor,”.

127

In section 56B (allocation of cases in criminal division), in subsection (1) for “with the concurrence of the Lord Chancellor” substitute “ after consulting the Lord Chancellor ”.

128

• (1) Section 57 (Court of Appeal: sittings and vacations) is amended as follows.

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

• (3) After subsection (4) insert—

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

129

• (1) Section 61 (distribution of business among Divisions) is amended as follows).

• (2) In subsection (3)—

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

• (b) in paragraph (b) for “appears to him” substitute “ appears to the Lord Chief Justice and the Lord Chancellor ”.

• (3) After subsection (8) insert—

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

130

• (1) Section 63 (business assigned to specially nominated judges) is amended as follows.

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

• (3) In subsection (2) for “Lord Chancellor” substitute “ Lord Chief Justice, after consulting the Lord Chancellor, to be ”.

• (4) After subsection (3) insert—

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

131

• (1) Section 68 (exercise of jurisdiction of High Court otherwise than by judges of that court) is amended as follows.

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

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

• (4) After subsection (7) insert—

(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).

132

• (1) Section 71 (High Court: sittings and vacations) is amended as follows.

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

• (3) After subsection (5) insert—

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

133

• (1) Section 74 (appeals and committals for sentence) is amended as follows.

• (2) After subsection (5) insert—

(5A) Before exercising any functions under subsection (4), the Lord Chancellor must consult the Lord Chief Justice.

• (3) After subsection (7) insert—

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

134

• (1) Section 78 (Crown Court: sittings) is amended as follows.

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

• (3) After subsection (3) insert—

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

135

• (1) Section 82 (duties of officers of Crown Court) is amended as follows.

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

• (3) After subsection (2) insert—

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

136

Omit section 84(8) (rules of court for Crown Court etc to be made by statutory instrument).

137

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

138

After section 86 insert—

(86A) (1) Crown Court rules must be— (a) signed by a majority of the members of the Crown Court Rule Committee, and (b) submitted to the Lord Chancellor. (2) The Lord Chancellor may allow or disallow rules so made. (3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so. (4) Rules so made and allowed by the Lord Chancellor— (a) come into force on such day as the Lord Chancellor directs, and (b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown. (5) A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section and section 86B “Crown Court rules” means rules of court made under section 84. (86B) (1) This section applies if the Lord Chancellor gives the Crown Court Rule Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice. (2) The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose. (3) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice to the Committee; (b) made in accordance with section 86A.

139

• (1) Section 91 (deputies and temporary appointments) is amended as follows.

• (2) In subsection (1)—

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

• (b) in paragraph (a) omit “or III”;

• (c) for “Lord Chancellor thinks fit” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, think fit ”.

• (3) After subsection (1) insert—

(1A) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person— (a) to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or (b) to act as a temporary additional officer in any such office, during such period or on such occasions as the Lord Chancellor may think fit.

• (4) After subsection (6) insert—

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

140

• (1) Section 92 (tenure of office) is amended as follows.

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

• (3) In subsection (6) after “also” insert “ , with the concurrence of the Lord Chief Justice, ”.

• (4) After subsection (7) insert—

(8) It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).

141

• (1) Section 96 (Central Office) is amended as follows.

• (2) In subsection (1) leave out “Lord Chancellor may” and insert “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”.

• (3) In subsection (2) for “of the Lord Chancellor under this section” substitute “ under subsection (1) ”.

• (4) After subsection (2) insert—

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

142

In section 98 (judges' clerks and secretaries), in subsection (1) for “the President of the Family Division and the Vice-Chancellor” substitute “ the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court ”.

143

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

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

• (3) After subsection (2) insert—

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

144

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

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

• (3) After subsection (2) insert—

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

145

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

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

• (3) After subsection (2) insert—

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

146

In section 151 (interpretation), in subsection (1) for the definition of “senior judge” substitute—

“senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;

Administration of Justice Act 1982 (c. 53)

147

The Administration of Justice Act 1982 is amended as follows.

148

• (1) Section 25 (regulations as to deposit and registration of wills) is amended as follows.

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

• (3) After subsection (8) insert—

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

Representation of the People Act 1983 (c. 2)

149

In section 161 of the Representation of the People Act 1983 (justices of the peace guilty of corrupt practice)—

• (a) after “Lord Chancellor” insert “ and the Lord Chief Justice ”;

• (b) after “Scotland,” insert “ to ”.

Mental Health Act 1983 (c. 20)

150

The Mental Health Act 1983 is amended as follows.

151

• (1) Section 93 (judicial authorities and Court of Protection) is amended as follows.

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

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

• (4) In subsection (4) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

• (5) After subsection (4) insert—

(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).

152

In section 94 (exercise of the judge's functions: the patient), in subsection (1) omit “by the Lord Chancellor or”.

153

In section 96 (powers of the judge as to the patient's property and affairs), in subsection (3) omit “the Lord Chancellor or”.

154

In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit “the Lord Chancellor or” in both places.

155

In section 105 (appeals), in subsection (2) omit “from any decision of the Lord Chancellor or”.

156

• (1) Section 108 (general provisions as to rules under Part 7) is amended as follows.

• (2) For subsection (1) substitute—

(1) Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice.

• (3) After subsection (2) insert—

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

• (4) Paragraph 16 of Schedule 1 also amends section 108.

157

• (1) Section 111 (construction of references in other Acts) is amended as follows.

• (2) In subsection (1) omit “by the Lord Chancellor or”.

• (3) In subsection (2) omit “the Lord Chancellor,”.

• (4) In subsection (4)—

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

• (b) in paragraph (b) omit “the Lord Chancellor,”.

158

• (1) Schedule 2 (mental health review tribunals) is amended as follows.

• (2) In paragraph 1(b) and (c) omit “after consultation with the Secretary of State”.

• (3) After paragraph 1 insert—

(1A) As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.

Pastoral Measure 1983 (1983 No. 1)

159

• (1) Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows.

• (2) In paragraph (a)—

• (a) for the words from the beginning to “benefices” substitute “ any consent under the foregoing subsection in respect of a benefice or benefices ”;

• (b) omit the words from “, or a” to “books”;

• (c) omit “last-mentioned”.

• (3) Omit paragraph (b).

County Courts Act 1984 (c. 28)

160

The County Courts Act 1984 is amended as follows.

161

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

162

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

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

• (3) After subsection (4) insert—

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

163

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

164

• (1) Section 11 (tenure of office) is amended as follows.

• (2) In subsection (5) after “by the Lord Chancellor” insert “ , but only with the concurrence of the Lord Chief Justice ”.

• (3) In subsection (6) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

165

In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—

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

166

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

167

In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “ under this section by the Lord Chancellor after consulting the Lord Chief Justice ”.

168

• (1) Section 61 (right of audience by direction) is amended as follows.

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

• (3) After subsection (4) insert—

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

169

Omit section 74A (practice directions).

170

In section 145 (power to raise monetary limits), after subsection (2) insert—

(2A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).

Matrimonial and Family Proceedings Act 1984 (c. 42)

171

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

172

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

173

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

174

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

Inheritance Tax Act 1984 (c. 51)

175

The Inheritance Tax Act 1984 is amended as follows.

176

In section 256 (regulations about accounts etc), for subsection (3A) substitute—

(3A) Regulations under this section may only be made— (a) in relation to England and Wales, after consulting the Lord Chancellor; (b) in relation to Scotland, after consulting the Scottish Ministers; (c) in relation to Northern Ireland, after consulting the Lord Chief Justice of Northern Ireland. (3B) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

177

• (1) Section 257 (form etc of accounts) is amended as follows.

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

• (3) After subsection (3) insert—

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

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

178

• (1) Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows.

• (2) In paragraph 2 (membership of Reinstatement Committees), for “Lord Chief Justice of Northern Ireland” substitute “ Lord Chancellor ”.

Transport Act 1985 (c. 67)

179

• (1) Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows.

• (2) In paragraph 3 (tenure of office), after sub-paragraph (3) insert—

(3A) The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge. (3B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

• (3) In paragraph 10 (the president)—

• (a) in sub-paragraph (1) for “Lord Chancellor” substitute “ Lord Chief Justice ”;

• (b) after sub-paragraph (1) insert—

(1A) Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must— (a) consult the Lord Chancellor, and (b) obtain the agreement of the Lord President of the Court of Session.

• (c) after sub-paragraph (3) insert—

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1). (5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1A)(b).

Housing Act 1985 (c. 68)

180

The Housing Act 1985 is amended as follows.

181

Omit section 111 (secure tenancies: county court rules and directions).

182

In section 181 (right to buy: jurisdiction of county court), omit subsections (4) and (5) (rules and directions).

183

In section 572 (assistance for owners of defective housing: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

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

184

In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985 (application to Northern Ireland), omit sub-paragraph (a).

Insolvency Act 1986 (c. 45)

185

The Insolvency Act 1986 is amended as follows.

186

• (1) Section 117 (High Court and county court jurisdiction) is amended as follows.

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

• (3) After subsection (7) insert—

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

187

• (1) Section 374 (insolvency districts) is amended as follows.

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

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

• (4) After subsection (4) insert—

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

188

• (1) Section 411 (company insolvency rules) is amended as follows.

• (2) In subsection (1)(a) after “Secretary of State” insert “ and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice ”.

• (3) After subsection (6) insert—

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

189

• (1) Section 412 (individual insolvency rules (England and Wales) is amended as follows.

• (2) In subsection after “Secretary of State” insert “ and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice ”.

• (3) After subsection (5) insert—

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

190

• (1) Section 413 (Insolvency Rules committee) is amended as follows.

• (2) In subsection (3) for “by the Lord Chancellor” substitute “ in accordance with subsection (3A) or (3B) ”.

• (3) After subsection (3) insert—

(3A) The Lord Chief Justice must appoint the persons referred to in paragraphs (a) to (d) of subsection (3), after consulting the Lord Chancellor. (3B) The Lord Chancellor must appoint the persons referred to in paragraphs (e) to (g) of subsection (3), after consulting the Lord Chief Justice.

• (4) After subsection (4) insert—

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

191

• (1) Section 420 (insolvent partnerships) is amended as follows.

• (2) In subsection (1) after “Secretary of State” insert “ and the Lord Chief Justice ”.

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

• (4) After subsection (3) insert—

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

192

• (1) Section 421 (insolvent estates of deceased persons) is amended as follows.

• (2) In subsection (1) after “Secretary of State” insert “ and the Lord Chief Justice ”.

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

• (4) After subsection (4) insert—

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

Coroners Act 1988 (c. 13)

193

The Coroners Act 1988 is amended as follows.

194

• (1) Section 3 (terms on which coroners hold office) is amended as follows.

• (2) For subsection (4) substitute—

(4) The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove any coroner from office for inability or misbehaviour.

• (3) In subsection (5) for “, wilful neglect of his duty or misbehaviour in the discharge of his duty” substitute “ or wilful neglect of his duty ”.

195

In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.

Criminal Justice Act 1988 (c. 33)

196

In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation for miscarriages of justice), for paragraph 6 (power of removal) substitute—

(6) (1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph. (2) In the case of a person who qualifies for appointment under— (a) paragraph (1)(a), or (b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales, that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales. (3) In the case of a person who qualifies for appointment under— (a) paragraph (1)(b), or (b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland, that power shall only be exercisable with the consent of the Lord President of the Court of Session. (4) In the case of a person who qualifies for appointment under— (a) paragraph (1)(c), or (b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland, that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

Finance Act 1988 (c. 39)

197

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

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

198

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

199

• (1) Section 146 (membership of the copyright tribunal) is amended as follows.

• (2) After subsection (6) insert—

(7) The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge. (8) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland. (9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4). (10) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4). (11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

200

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201

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202

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Children Act 1989 (c. 41)

203

The Children Act 1989 is amended as follows.

204

• (1) Section 7 (welfare reports) is amended as follows.

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

• (3) After subsection (5) insert—

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

205

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206

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207

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

208

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

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

• (3) After subsection (8) insert—

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

209

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

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

• (3) After sub-paragraph (6) insert—

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

210

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Courts and Legal Services Act 1990 (c. 41)

211

The Courts and Legal Services Act 1990 is amended as follows.

212

• (1) Section 1 (allocation of business between High Court and county courts) is amended as follows.

• (2) After subsection (1) insert—

(1A) An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.