Constitutional Reform Act 2005

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

• (4) After subsection (12) insert—

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

213

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214

• (1) Section 11 (representation in certain county court cases) is amended as follows.

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

• (3) Omit subsection (10).

• (4) After subsection (11) insert—

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

215

• (1) Section 73 (delegation of certain administrative functions of Master of the Rolls) is amended as follows.

• (2) In subsection (3)—

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

• (b) for “Lord Chancellor considers” substitute “ Lord Chief Justice and Lord Chancellor consider ”.

• (3) After subsection (5) insert—

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

216

In section 119 (interpretation), in subsection (1) in the definition of “designated judge” for “the President of the Family Division or the Vice-Chancellor” substitute “ the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court ”.

Armed Forces Act 1991 (c. 62)

217

In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for miscarriages of justice) for paragraph 6 (power of removal) substitute—

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

Child Support Act 1991 (c. 48)

218

The Child Support Act 1991 is amended as follows.

219

• (1) Section 8 (role of the courts with respect to maintenance of children) is amended as follows.

• (2) After subsection (5) insert—

(5A) The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.

• (3) After subsection (11) insert—

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

220

In section 45 (jurisdiction of courts in certain proceedings under the Act), after subsection (7) insert—

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

221

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Land Drainage Act 1991 (c. 59)

222

• (1) Section 31 of the Land Drainage Act 1991 (composition and incidental powers of the Agricultural Land Tribunal) is amended as follows.

• (2) After subsection (1) insert—

(1A) Before drawing up, or revising, a panel under subsection (1), the Lord Chancellor must consult the Lord Chief Justice.

• (3) After subsection (5) insert—

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

Tribunals and Inquiries Act 1992 (c. 53)

223

The Tribunal and Inquiries Act 1992 is amended as follows.

224

In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).

225

• (1) In section 7 (concurrence required for removal of members of certain tribunals), subsection (1) is amended as follows.

• (2) Omit “, other than the Lord Chancellor,”.

• (3) In paragraphs (a) to (c) after “Lord Chancellor” in each place insert “ (unless he is the Minister terminating the person's membership), the Lord Chief Justice of England and Wales, ”.

• (4) In paragraph (d) after “Lord Chancellor” insert “ (unless he is the Minister terminating the person's membership) and the Lord Chief Justice of England and Wales ”.

Judicial Pensions and Retirement Act 1993 (c. 8)

226

The Judicial Pensions and Retirement Act 1993 is amended as follows.

227

• (1) Section 2 (the judicial officer's entitlement to a pension) is amended as follows.

• (2) After subsection (3) insert—

(3A) Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)— (a) consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales; (b) consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.

• (3) After subsection (8) insert—

(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (10) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

228

• (1) Section 26 (retirement date for holders of certain judicial offices) is amended as follows.

• (2) For “appropriate minister” in subsections (5) and (6) substitute “ appropriate person ”.

• (3) In subsection (7)—

• (a) in paragraph (a) omit “, unless he is the Lord Chancellor”;

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

• (4) In subsection (12), after the definition of “appointed day” insert—

“the appropriate person” means— (a) the appropriate Minister in a case which falls within paragraph (a) of the definition of the expression in section 30; (b) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to England and Wales, the Lord Chief Justice of England and Wales; (c) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.

• (5) After subsection (12) insert—

(13) Where the Lord Chief Justice of England or Wales or the Lord Chief Justice of Northern Ireland is the appropriate person, he must obtain the concurrence of the Lord Chancellor before exercising any functions under this section. (14) The Lord Chief Justice of England or Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (15) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

229

In Schedule 1 (offices which may be qualifying judicial offices) in Part 1 (judges) for the entries “President of the Family Division” and “Vice-Chancellor” substitute— “President of the Queen's Bench Division President of the Family Division Chancellor of the High Court ”.

230

In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit “, other than the Lord Chancellor”.

Bail (Amendment) Act 1993 (c. 26)

231

In section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal), in subsection (12) in the definition of “magistrates' court” and “court” for “designated” to the end substitute “ designated in accordance with section 67 or section 139 of the Extradition Act 2003 ”.

Welsh Language Act 1993 (c. 38)

232

• (1) Section 23 of the Welsh Language Act 1993 (oaths and affirmations) is amended as follows.

• (2) That section becomes subsection (1) of section 23.

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

• (4) After that subsection insert—

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

Local Government (Wales) Act 1994 (c. 19)

233

• (1) Section 55 of the Local Government (Wales) Act 1994 (magistrates' courts, justices of the peace etc) is amended as follows.

• (2) In subsection (1)—

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

• (b) for “he thinks necessary or expedient” substitute “ the Lord Chancellor thinks necessary or expedient, after consulting the Lord Chief Justice, ”.

• (3) In subsection (3)—

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

• (b) for “appears to him expedient” substitute “ appears to the Lord Chancellor to be expedient, after consulting the Lord Chief Justice, ”.

234

After subsection (5) insert—

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

Value Added Tax Act 1994 (c. 23)

235

The Value Added Tax Act 1994 is amended as follows.

236

In section 86 (appeals to the Court of Appeal), after subsection (2) insert—

(2A) Before making an order under this section that relates to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales. (2B) Before making an order under this section that relates to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland. (2C) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (2D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

237

• (1) Schedule 12 (constitution and procedure of VAT tribunals) is amended as follows.

• (2) In paragraph 3 (tenure of office of President)—

• (a) after sub-paragraph (5) insert—

(5A) The Lord Chancellor may remove a person from office under sub-paragraph (4), or nominate a person under sub-paragraph (5), only with the concurrence of all of the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland.

• (b) after sub-paragraph (8) insert—

(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5). (10) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5). (11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (3) In paragraph 4—

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

• (b) after that sub-paragraph insert—

(2) The powers of the Lord Chancellor under sub-paragraph (1) may be exercised— (a) in relation to England and Wales only after consulting the Lord Chief Justice of England and Wales; (b) in relation to Northern Ireland only after consulting the Lord Chief Justice of Northern Ireland. (3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (4) In paragraph 7 (membership of panels)—

• (a) in sub-paragraph (3)(c) for “Lord Chief Justice of Northern Ireland” substitute “ Lord Chancellor ”;

• (b) for sub-paragraph (7) substitute—

(7A) The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(a). (7B) The Lord President of the Court of Session may remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(b).

Trade Marks Act 1994 (c. 26)

238

In section 77 of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after subsection (4) insert—

(5) The Lord Chancellor may remove a person from office under subsection (3)(c) only with the concurrence of the appropriate senior judge. (6) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— (a) the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or (b) the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Merchant Shipping Act 1995 (c. 21)

239

In section 297 of the Merchant Shipping Act 1995 (wreck commissioners), after subsection (3) insert—

(3A) The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of— (a) the Lord Chief Justice of England and Wales, or (b) if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland.

Reserve Forces Act 1996 (c. 14)

240

The Reserve Forces Act 1996 is amended as follows.

241

In section 90 (appointment of panel of chairmen), after subsection (1) insert—

(1A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.

242

In section 91 (appointment of panel of ordinary members), after subsection (2) insert—

(2A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.

243

• (1) Section 92 (membership of tribunals etc) is amended as follows.

• (2) In subsection (1) for “by the Lord Chancellor” substitute “ in accordance with subsection (2) ”.

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

(2) The chairman and other members are to be selected as follows— (a) in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session; (c) in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor. (3) Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters. (4) The officer is to be appointed as follows— (a) in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session; (c) in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

244

After section 92 insert—

(92A) (1) In sections 90 and 91 “appropriate senior judge”, in relation to the appointment of a person to be a member of a panel, means— (a) if the person is to be appointed to exercise functions wholly or mainly in relation to England and Wales, the Lord Chief Justice of England and Wales; (b) if the person is to be appointed to exercise functions wholly or mainly in relation to Scotland, the Lord President of the Court of Session; (c) if the person is to be appointed to exercise functions wholly or mainly in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland. (2) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under sections 90 to 92. (3) The Lord President of the Court of Session may nominate a judge of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under sections 90 to 92. (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under sections 90 to 92— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Employment Tribunals Act 1996 (c. 17)

245

The Employment Tribunals Act 1996 is amended as follows.

246

• (1) Section 22 (membership of appeal tribunal) is amended as follows.

• (2) In subsection (1)(a)—

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

• (b) omit “(other than the Lord Chancellor)”.

• (3) In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “ Lord Chief Justice shall ”.

• (4) After subsection (3) insert—

(3A) The Lord Chief Justice must not make an appointment under subsection (3) unless— (a) he has consulted the Lord Chancellor, and (b) the Lord President of the Court of Session agrees.

• (5) After subsection (4) insert—

(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).

247

• (1) Section 23 (temporary membership) is amended as follows.

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

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

• (4) After subsection (5) insert—

(6) The functions conferred on the Lord Chief Justice by the preceding provisions of this section may be exercised only after consulting the Lord Chancellor. (7) The functions conferred on the Lord Chancellor by subsection (3) may be exercised only after consultation with the Lord Chief Justice. (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

248

• (1) Section 24 (temporary additional judicial membership) is amended as follows.

• (2) For subsection (1) substitute—

(1) This section applies if both of the following conditions are met— (a) the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal; (b) the Lord Chancellor requests the Lord Chief Justice to make such an appointment. (1A) The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a). (1B) An appointment under this section is— (a) for such period, or (b) on such occasions, as the Lord Chief Justice determines, after consulting the Lord Chancellor.

• (3) In subsection (2) for “subsection (1)” substitute “ this section ”.

• (4) After subsection (3) insert—

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

249

In section 25 (tenure of appointed members) after subsection (4) insert—

(5) The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge. (6) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

Arbitration Act 1996 (c. 23)

250

In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and county court), after subsection (3) insert—

(3A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales or the Lord Chief Justice of Northern Ireland (as the case may be) before making an order under this section. (3B) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (3C) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Criminal Procedure and Investigations Act 1996 (c. 25)

251

In section 19 of the Criminal Procedure and Investigations Act 1996 (rules of court), in subsection (3) for the words from “with any modifications” to the end substitute “ or such provision with modifications ”.

Family Law Act 1996 (c. 27)

252

The Family Law Act 1996 is amended as follows.

253

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254

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Defamation Act 1996 (c. 31)

255

In section 9 of the Defamation Act 1996 (meaning of summary relief), after subsection (2) insert—

(2A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making any order under subsection (1)(c) in relation to England and Wales. (2B) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland. (2C) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (2D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Housing Act 1996 (c. 52)

256

The Housing Act 1996 is amended as follows.

257

In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

258

In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).

Education Act 1996 (c. 56)

259

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

260

In the Schedule (model rules for appeals) to the Deregulation (Model Appeal Provisions) Order 1996, after paragraph 6(3) insert—

(3A) The Lord Chancellor may exercise his power under sub-paragraph (3) to remove a person appointed to the panel of chairmen for England and Wales only with the concurrence of the Lord Chief Justice.

Civil Procedure Act 1997 (c. 12)

261

The Civil Procedure Act 1997 is amended as follows.

262

In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit “or alter”.

263

• (1) Section 2 (Civil Procedure Rule Committee) is amended as follows.

• (2) For subsection (1) substitute—

(1) Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons— (a) the Head of Civil Justice; (b) the Deputy Head of Civil Justice (if there is one); (c) the persons currently appointed in accordance with subsections (1A) and (1B). (1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2). (1B) The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2).

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

• (4) For subsection (3) substitute—

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

• (5) In subsection (4) for “under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult” substitute “ in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult ”.

• (6) After subsection (8) insert—

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

264

• (1) Section 2A (power to change certain requirements relating to Committee) is amended as follows.

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

(a) amend section 2(2), (3) or (4), and

• (3) For subsection (2) substitute—

(2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. (2A) Before making an order under this section the Lord Chancellor must consult the following persons— (a) the Head of Civil Justice; (b) the Deputy Head of Civil Justice (if there is one). (2B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

265

• (1) Section 3 (process for making Civil Procedure rules) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.

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

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

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

• (4) In subsection (6) omit “Subject to subsection (7),”.

• (5) Omit subsection (7).

266

After section 3 insert—

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

267

• (1) Section 4 (power to make consequential amendments) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.

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

• (3) After subsection (5) insert—

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

268

• (1) Section 6 (Civil Justice Council) is amended as follows.

• (2) After subsection (2) insert—

(2A) The Lord Chancellor must decide the following questions, after consulting the Lord Chief Justice— (a) how many members of the Council are to be drawn from each of the groups mentioned in subsection (2); (b) how many other members the Council is to have. (2B) It is for— (a) the Lord Chief Justice to appoint members of the judiciary to the Council, after consulting the Lord Chancellor; (b) the Lord Chancellor to appoint other persons to the Council.

• (3) After subsection (4) insert—

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

Plant Varieties Act 1997 (c. 66)

269

• (1) Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds Tribunal) is amended as follows.

• (2) In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for “Lord Chief Justice of Northern Ireland” substitute “ Lord Chancellor ”.

• (3) In paragraph 5 (duration of appointment)—

• (a) in sub-paragraph (5) for “paragraph 2, 3 or 4” substitute “ paragraph 2 or 3 ”;

• (b) after sub-paragraph (5) insert—

(5A) Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

• (4) In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets substitute “ (which makes it necessary to obtain the concurrence of the Lord Chancellor and certain judicial office holders to dismissals in certain cases) ”.

• (5) In paragraph 16 (interpretation), in paragraph (c) of the definition of “appointing authority” for “Lord Chief Justice of Northern Ireland” substitute “ Lord Chancellor ”.

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

270

• (1) Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 (acknowledgement and registration of appeal and request to select tribunal) is amended as follows.

• (2) In sub-paragraph (c), for the words from “Lord Chancellor” to “Northern Ireland” substitute “ person who under section 92(2) of the Act is authorised to do so, ”.

Social Security Act 1998 (c. 14)

271

The Social Security Act 1998 is amended as follows.

272

• (1) Section 6 (panel for appointment to appeal tribunals) is amended as follows.

• (2) In subsection (2) for the words from “such” to the end substitute “ persons appointed by the Lord Chancellor ”.

• (3) After subsection (3) insert—

(3A) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.

• (4) In subsection (5) after “misbehaviour” insert “ ; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge ”.

• (5) After subsection (5) insert—

(5A) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

273

274

Data Protection Act 1998 (c. 29)

275

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

Crime and Disorder Act 1998 (c. 37)

276

The Crime and Disorder Act 1998 (powers of magistrates' courts exercisable by single justice etc) is amended as follows.

277

• (1) Section 10 (appeals against parenting orders) is amended as follows.

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

• (3) After subsection (7) insert—

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

Human Rights Act 1998 (c. 42)

278

In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert—

(7A) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)— (a) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales; (b) before making the order, that person must consult the Lord Chief Justice of England and Wales. (7B) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)— (a) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland; (b) before making the order, that person must consult the Lord Chief Justice of Northern Ireland. (7C) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (7D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Access to Justice Act 1999 (c. 22)

279

The Access to Justice Act 1999 is amended as follows.

280

• (1) Section 56 (power to prescribe alternative destination of appeals) is amended as follows.

• (2) In subsection (4) for paragraphs (c) and (d) substitute—

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

• (3) After subsection (7) insert—

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

281

• (1) Section 68 (judges holding office in European or international courts) is amended as follows.

• (2) In subsection (2), in the definition of “relevant international court” for “for the purposes of this section by the Lord Chancellor or the Secretary of State” substitute “ in relation to the holder of a United Kingdom judicial office by the appropriate Minister ”.

• (3) In subsection (6) for “subsection (5)” substitute “ this section ”.

• (4) After subsection (7) insert—

(8) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales. (9) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland. (10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8). (11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

282

• (1) Section 69 (Vice-President of Queen's Bench division) is amended as follows.

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

• (3) After subsection (1) insert—

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

Immigration and Asylum Act 1999 (c. 33)

283

The Immigration and Asylum Act 1999 is amended as follows.

284

• (1) Section 53 (applications for bail in immigration cases) is amended as follows.

• (2) After subsection (6) insert—

(6A) In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval. (6B) In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before giving his approval.

• (3) After subsection (7) insert—

(8) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. (9) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

285

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

Financial Services and Markets Act 2000 (c. 8)

286

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

Terrorism Act 2000 (c. 11)

287

The Terrorism Act 2000 is amended as follows.

288

• (1) Section 74 (court for trial) is amended as follows.

• (2) In subsection (1)—

• (a) after “unless” insert “ the Lord Chief Justice of Northern Ireland directs that ”;

• (b) in paragraph (a) omit from “the Lord Chancellor” to “directs that”;

• (c) in paragraph (b) omit “the Lord Chief Justice of Northern Ireland directs that”.

• (3) After subsection (1) insert—

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

289

• (1) In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows.

• (2) In sub-paragraph (1) after “direct” insert

after consulting the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland

• (3) After sub-paragraph (3) insert—

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. (5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26); (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

290

• (1) Schedule 8 (detention) is amended as follows.

• (2) In paragraph 29 (warrants of further detention)—

• (a) in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”;

• (b) in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”;

• (c) after sub-paragraph (4) insert—

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

Local Government Act 2000 (c. 22)

291

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

Postal Services Act 2000 (c. 26)

292

• (1) Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office Company: supplementary provisions) is amended as follows.

• (2) In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

• (3) In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

Transport Act 2000 (c. 38)

293

The Transport Act 2000 is amended as follows.

294

In section 61 (special provisions about land), in subsection (6)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

295

In section 93 (control in time of hostilities etc), in subsection (10)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

296

In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

297

• (1) Schedule 6 (transfer schemes) is amended as follows.

• (2) In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c) for “Lord Chancellor” substitute “ Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland ”.

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

298

• (1) Schedule 1 of the Criminal Justice and Court Services Act 2000 (local probation boards) is amended as follows.

• (2) In paragraph 2 (membership)—

• (a) in sub-paragraph (2) for “Lord Chancellor” substitute “ Lord Chief Justice, after consulting the Lord Chancellor ”;

• (b) after sub-paragraph (7) insert—

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

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

(3A) The power conferred by sub-paragraph (3) may be exercised by the Lord Chancellor to remove a person appointed by him by virtue of paragraph 2(2) only with the concurrence of the Lord Chief Justice.

International Criminal Court Act 2001 (c. 17)

299

Section 26 of the International Criminal Court Act 2001 (definitions) is amended as follows—

• (a) that section becomes subsection (1) of section 26;

• (b) in that subsection for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”;

• (c) after that subsection insert—

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

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

300

• (1) In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens Access Appeal Commission), paragraph 4 (sittings) is amended as follows.

• (2) In sub-paragraph (1) after “direct” insert

after consulting the following— (a) the Lord Chief Justice of England and Wales; (b) the Lord President of the Court of Session; (c) the Lord Chief Justice of Northern Ireland.

• (3) After sub-paragraph (3) insert—

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

Land Registration Act 2002 (c. 9)

301

The Land Registration Act 2002 is amended as follows.

302

• (1) Section 127 (exercise of powers) is amended as follows.

• (2) In subsection (2)(a) for “Lord Chancellor” substitute “ Lord Chief Justice, or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him, after consulting the Lord Chancellor ”.

• (3) In subsection (2)(h) after “consumer affairs” insert “ nominated by the Lord Chancellor ”.

303

In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-paragraph (2) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

Enterprise Act 2002 (c. 40)

304

The Enterprise Act 2002 is amended as follows.

305

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

• (2) In subsection (7)—

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

• (b) after “tribunal” insert

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

• (3) After subsection (15) insert—

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

306

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

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

Finance Act 2003 (c. 14)

307

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

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

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

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

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

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

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

• (b) after that sub-paragraph—

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

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

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

Courts Act 2003 (c. 39)

308

The Courts Act 2003 is amended as follows.

309

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

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

310

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

• (2) After subsection (5) insert—

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

• (3) After subsection (7) insert—

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

311

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

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

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

• (4) After subsection (8) insert—

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

312

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

• (2) After subsection (5) insert—

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

• (3) After subsection (7) insert—

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

313

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

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

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

• (4) After subsection (5) insert—

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

314

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

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

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

315

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

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

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

• (4) After subsection (5) insert—

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

316

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

317

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

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

• (3) After subsection (8) insert—

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

318

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

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

319

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

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

• (3) After subsection (5) insert—

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

320

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

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

• (3) In subsection (3)—

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

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

• (4) After subsection (3) insert—

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

321

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

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

• (3) In subsection (2)—

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

• (b) before paragraph (a) insert—

(za) the Lord Chancellor,

• (4) After subsection (2) insert—

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

322

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

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

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

• (4) After that subsection insert—

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

323

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

324

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

325

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

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

• (3) After subsection (2) insert—

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

326

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

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

• (3) In subsection (3)—

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

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

• (4) For subsection (4) substitute—

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

• (5) After subsection (6) insert—

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

327

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

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

• (3) After subsection (9) insert—

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

328

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

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

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

• (4) After subsection (8) insert—

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

329

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

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

• (3) After subsection (5) insert—

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

330

For section 62 substitute—

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

331

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

• (2) In subsection (2)—

• (a) omit “Vice-Chancellor”;

• (b) insert at the appropriate place—

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

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

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

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

• (v) “ Head of Civil Justice ”;

• (vi) “ Head of Criminal Justice ”;

• (vii) “ Head of Family Justice ”;

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

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

• (3) After subsection (3) insert—

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

• (4) In subsection (4)—

• (a) omit paragraph (a);

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

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

• (5) After subsection (6) insert—

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

332

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

333

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

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

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

• (3) After subsection (1) insert—

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

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

• (5) For subsection (3) substitute—

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

• (6) After subsection (5) insert—

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

334

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

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

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

• (3) For subsection (2) substitute—

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

335

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

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

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

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

336

After section 72 insert—

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

337

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

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

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

• (4) After that subsection insert—

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

338

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

339

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

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

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

• (3) After subsection (1) insert—

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

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

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

• (6) Omit subsection (4).