Constitutional Reform Act 2005

• (b) paid by the Commission in accordance with provision made by or under the terms of appointment.

• (4) In determining the terms and conditions the Commission must have regard to the desirability of keeping remuneration and the other terms and conditions broadly in line with those applying to employment in the civil service of the State.

• (5) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which a scheme under section 1 of the Act may apply), at the end of the list of “Royal Commissions and other Commissions” insert— “ Judicial Appointments Commission. ”

• (6) The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

• (7) Staff of the Commission are not to be regarded as—

• (a) servants or agents of the Crown, or

• (b) enjoying any status, immunity or privilege of the Crown.

Arrangements for assistance

23

• (1) The Commission may make arrangements with such persons as it considers appropriate for assistance to be provided to it.

• (2) Arrangements may include the paying of fees to such persons.

• (3) No arrangements may be made under this paragraph unless approved by the Lord Chancellor.

Appointments and arrangements by the Lord Chancellor

24

• (1) The Lord Chancellor may appoint a person to serve as chief executive until the first appointment under paragraph 22(1)(a) takes effect.

• (2) A chief executive serving under sub-paragraph (1) may incur expenditure and do other things (including appointing staff and making arrangements for assistance under paragraph 23) in the name and on behalf of the Commission—

• (a) before the membership of the Commission is first constituted in accordance with paragraph 1, and

• (b) thereafter, until the Commission determines otherwise.

• (3) A chief executive's powers under sub-paragraph (2) are exercisable subject to any directions given to him by the Lord Chancellor.

25

• (1) The Lord Chancellor may—

• (a) appoint persons to serve as members of the Commission's staff;

• (b) make arrangements in the name and on behalf of the Commission for other assistance to be provided to the Commission.

• (2) The Lord Chancellor may not exercise his powers under sub-paragraph (1) later than—

• (a) the end of 3 years after the day on which the Commission is first constituted in accordance with paragraph 1, or

• (b) such earlier time as the Commission may determine.

• (3) If there is a chief executive of the Commission the Lord Chancellor may not exercise his powers under sub-paragraph (1) without the agreement of the chief executive.

Power to transfer staff to employment of the Commission

26

• (1) The Lord Chancellor may by regulations provide for the employment of any relevant person to be transferred to the Commission.

• (2) A relevant person is any person who, immediately before the date prescribed in regulations under sub-paragraph (1), is—

• (a) employed in the civil service of the State, and

• (b) providing assistance to the Commission in pursuance of arrangements made under paragraph 23 or 25.

• (3) But a person is not a relevant person if—

• (a) his employment in the civil service ends on the day immediately before the date referred to in sub-paragraph (2), or

• (b) he is withdrawn from work with the Commission with effect from that date.

• (4) Before making any regulations under this paragraph the Lord Chancellor must consult such organisations as appear to him to represent the interests of persons likely to be affected by the regulations.

• (5) The Lord Chancellor may only exercise his power under sub-paragraph (1)—

• (a) before the membership of the Commission is first constituted in accordance with paragraph 1, and

• (b) with the agreement of the Commission, during the period of 3 years beginning with the day on which the Commission is first constituted in accordance with that paragraph.

Delegation

27

• (1) The Commission may delegate functions to—

• (a) any of its staff,

• (b) any person with whom arrangements are made under paragraph 23 or 25, or

• (c) any person providing assistance to the Commission in pursuance of such arrangements.

• (2) A committee, a sub-committee or the chief executive may delegate functions (including functions delegated to them or him) to any of the persons listed at sub-paragraph (1).

• (3) Sub-paragraphs (1) and (2) do not apply to the functions of the Commission, or of a selection panel appointed under section 70 , 75B or 79, of making a selection under this Part of this Act.

Delegation and contracting out of superannuation functions

28

• (1) Section 1(2) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc.) has effect as if the reference to an officer of the Crown other than a Minister included a reference to the Commission's chief executive.

• (2) Any administration function conferred on the chief executive under section 1(2) of that Act (in accordance with sub-paragraph (1)) may be exercised by, or by employees of, any person authorised by the chief executive.

• (3) “Administration function” means a function of administering schemes—

• (a) made under section 1 of that Act, and

• (b) from time to time in force.

• (4) The chief executive may, under sub-paragraph (2), authorise a person to exercise administrative functions—

• (a) to their full extent or to a specified extent;

• (b) in all cases or in specified cases;

• (c) unconditionally or subject to specified conditions.

• (5) An authorisation under sub-paragraph (2)—

• (a) is to be treated for all purposes as given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of Ministers and office-holders);

• (b) may be revoked at any time by the Commission or the chief executive.

Inspection of documents

29

• (1) The Commission must permit any person authorised by the Lord Chancellor to inspect or make copies of accounts or other documents which in the opinion of the Lord Chancellor relate to costs and expenditure of the Commission.

• (2) The Commission must provide such explanation of accounts or documents inspected or copied by any person under this paragraph as that person or the Lord Chancellor may require.

Financial provisions and directions

30

• (1) The Lord Chancellor must pay to the Commission such sums as he may determine are appropriate for, or in connection with, the exercise by it of its functions.

• (2) The Lord Chancellor may by direction require the Commission—

• (a) not to incur costs and expenditure in excess of a specified amount without his consent;

• (b) to follow specified procedures in relation to its costs and expenditure.

• (3) A direction under sub-paragraph (2) may relate to all of the Commission's costs and expenditure, or to costs and expenditure of a specified description.

Accounts and audit

31

• (1) The Commission must keep proper accounts and proper records in relation to them.

• (2) The Commission must prepare a statement of accounts in respect of each financial year.

• (3) The statement must give a true and fair view of the state of the Commission's affairs at the end of the financial year, and of its income and expenditure and cash flows in the financial year.

• (4) The statement must be in compliance with any directions given by the Lord Chancellor with the Treasury's consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

• (5) The Commission must send the statement to the Lord Chancellor at such time as he may direct.

• (6) The Lord Chancellor must, on or before 31 August in any year, send to the Comptroller and Auditor General the statement prepared by the Commission for the financial year last ended.

• (7) The Comptroller and Auditor General must examine, certify and report on the statement sent to him under sub-paragraph (6) and must lay copies of it and of his report before each House of Parliament.

Reports

32

• (1) The Commission must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of its functions during that year.

• (2) After consulting the Lord Chief Justice, the Lord Chancellor may by direction require the Commission to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction.

• (3) The Commission must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction.

• (4) The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1).

• (5) The Commission must publish any report once copies of it have been laid under sub-paragraph (4).

Documentary evidence

33

The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specifically) for the purpose.

34

Any contract or instrument which, if entered into or executed by an individual, would not need to be under seal, may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specifically) for the purpose.

35

A document purporting to be—

• (a) duly executed under the seal of the Commission, or

• (b) signed on behalf of the Commission,

is to be received in evidence and, unless the contrary is proved, taken to be executed or signed in that way.

General

36

• (1) “Financial year” in this Schedule, means—

• (a) the period beginning with the date on which section 61 comes into force and ending with the following 31 March, and

• (b) each successive period of twelve months.

• (2) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified) at the appropriate place insert— “ The Judicial Appointments Commission. ”.

• (3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Judicial Appointments Commission. ”

SCHEDULE 13 — The Judicial Appointments and Conduct Ombudsman

The Ombudsman

1

• (1) The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.

• (2) A person must not be appointed as the Ombudsman if he is employed in the civil service of the State or if he has ever been any of these—

• (a) a practising barrister in England and Wales;

• (b) a practising solicitor of the Senior Courts of England and Wales;

• (c) a practising advocate in Scotland;

• (d) a practising solicitor in Scotland;

• (e) a practising member of the Bar of Northern Ireland;

• (f) a practising solicitor of the Court of Judicature of Northern Ireland;

• (g) the holder of an office listed in Schedule 14.

• (3) Before recommending a person for appointment as the Ombudsman the Lord Chancellor must consider—

• (a) whether the person has exercised functions that appear to the Lord Chancellor to be of a judicial nature and such as to make the person inappropriate for the appointment;

• (b) whether any past service in a capacity mentioned in sub-paragraph (4) appears to the Lord Chancellor to make the person inappropriate for the appointment;

• (c) whether the extent of any present or past party political activity or affiliations appears to the Lord Chancellor to make the person inappropriate for the appointment.

• (4) The service referred to in sub-paragraph (3)(b) is service as any of these—

• (a) a Commissioner;

• (b) a member of the staff of the Commission;

• (c) a member of the House of Commons;

• (d) a person employed in the civil service of the State.

2

• (1) In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3).

• (2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

• (a) practising as such,

• (b) employed to give legal advice, or

• (c) providing legal advice under a contract for services.

• (3) A solicitor of the Senior Courts, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—

• (a) acting as such,

• (b) employed to give legal advice, or

• (c) providing legal advice under a contract for services.

Term of office etc. of Ombudsman

3

• (1) The Ombudsman must be appointed for a fixed period.

• (2) But an appointment is subject to paragraphs 4 and 5.

4

• (1) A person—

• (a) may not be appointed as the Ombudsman for more than 5 years at a time, and

• (b) may not hold office as the Ombudsman for periods (whether or not consecutive) totalling more than 10 years.

5

• (1) The Ombudsman may at any time—

• (a) resign his office by notice in writing addressed to Her Majesty;

• (b) be removed from office by the Lord Chancellor.

• (2) The Lord Chancellor may not remove the Ombudsman from office unless he is satisfied that the Ombudsman—

• (a) has become disqualified for appointment under paragraph 1(2),

• (b) has ceased to be appropriate for the appointment because of considerations listed in paragraph 1(3),

• (c) has, within the preceding nine months, failed to discharge the functions of his office for a continuous period of at least six months,

• (d) has been convicted of an offence,

• (e) is an undischarged bankrupt or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or

• (f) is otherwise unfit to hold his office or unable to discharge its functions.

Salary, allowances and expenses

6

• (1) The Lord Chancellor may—

• (a) pay to the Ombudsman such remuneration, fees or expenses as the Lord Chancellor may determine;

• (b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been the Ombudsman.

• (2) If—

• (a) the Ombudsman ceases to hold office other than on the expiry of his term of appointment, and

• (b) it appears to the Lord Chancellor that there are special circumstances that would warrant the payment of compensation to him,

the Lord Chancellor may make to or in respect of him a payment of such amount as the Lord Chancellor may determine.

Acting Ombudsman

7

• (1) The Lord Chancellor may appoint a person to exercise the functions of the Ombudsman if—

• (a) the Ombudsman's office becomes vacant,

• (b) the Lord Chancellor determines that the Ombudsman is incapable of exercising his functions, or

• (c) the Ombudsman notifies the Lord Chancellor that it would be inappropriate for him to exercise any of his functions in connection with a particular matter because of a possible conflict of interests or for any other reason.

• (2) But a person may be appointed under this paragraph only if he is eligible under paragraph 1(2) to be appointed as Ombudsman.

• (3) The Lord Chancellor may—

• (a) pay to a person appointed under this paragraph such remuneration, fees or expenses as the Lord Chancellor may determine;

• (b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been a person appointed under this paragraph.

• (4) A person appointed under this paragraph is to exercise the functions of the Ombudsman in accordance with the terms of his appointment.

• (5) The Lord Chancellor may end an appointment under this paragraph at any time.

• (6) Otherwise any appointment of a person under this paragraph ends on the earliest of—

• (a) that person's ceasing to be eligible to be appointed as Ombudsman;

• (b) the expiry of the appointment in accordance with its terms and conditions;

• (c) the date on which with the agreement of the Lord Chancellor the Ombudsman resumes the exercise of his functions;

• (d) the appointment of a new Ombudsman;

• (e) the end of twelve months beginning with the relevant date.

• (7) The relevant date is—

• (a) if the appointment was under sub-paragraph (1)(a), the date when the vacancy arose;

• (b) if the appointment was under sub-paragraph (1)(b), the date of the Lord Chancellor's determination;

• (c) if the appointment was under sub-paragraph (1)(c), the date of the notification.

Status of the Ombudsman

8

The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.

Powers of the Ombudsman

9

• (1) The Ombudsman does not have power to do any of the following—

• (a) to borrow money;

• (b) to hold real property;

• (c) to appoint staff (except by way of arrangements under paragraph 10).

• (2) Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions.

• (3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).

Arrangements for assistance

10

• (1) The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him.

• (2) Arrangements may include the paying of fees to such persons.

• (3) No arrangements may be made under this paragraph unless approved by the Lord Chancellor.

Arrangements by the Lord Chancellor

11

Unless the Ombudsman has made arrangements under paragraph 10, the Lord Chancellor may make arrangements for assistance to be provided to the Ombudsman.

Delegation of functions

12

• (1) The Ombudsman may delegate any functions to—

• (a) any person with whom arrangements are made under paragraph 10 or 11, or

• (b) any person providing assistance to the Ombudsman in pursuance of such arrangements.

• (2) But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.

Financial provisions and directions

13

• (1) Expenditure incurred by the Ombudsman in the discharge of his functions is to be met by the Lord Chancellor.

• (2) The Lord Chancellor may by direction require the Ombudsman—

• (a) not to incur costs and expenditure in excess of a specified amount without his consent;

• (b) to follow specified procedures in relation to his costs and expenditure.

• (3) A direction under sub-paragraph (2) may relate to all of the Ombudsman's costs and expenditure, or to costs and expenditure of a specified description.

Code of conduct

14

The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Ombudsman and any person appointed under paragraph 7 to exercise his functions.

Reports

15

• (1) The Ombudsman must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of his functions during that year.

• (2) The Lord Chancellor may by direction require the Ombudsman to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction.

• (3) The Ombudsman must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction.

• (4) The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1).

• (5) The Ombudsman must publish any report once copies of it have been laid under sub-paragraph (4).

Documentary evidence

16

A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.

General

17

• (1) “Financial year” in this Schedule, means—

• (a) the period beginning with the date on which section 62 comes into force and ending with the following 31 March, and

• (b) each successive period of twelve months.

• (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— “ The Judicial Appointments and Conduct Ombudsman. ”

• (3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Judicial Appointments and Conduct Ombudsman. ”

SCHEDULE 14 — The Judicial Appointments Commission: Relevant Offices and Enactments

Part 1 — Appointments by Her Majesty

Office	Enactment
Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007

Part 2 — Court-related appointments

Office	Enactment
Deputy judge of the High Court	Section 9(4) of the Senior Courts Act 1981
Person appointed ... as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Supreme Court Act 1981	Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA) of that section applies to the appointment
Deputy district judge . . .	Section 102(1) of the Supreme Court Act 1981 (c. 54)
Deputy district judge . . .	Section 8(1) of the County Courts Act 1984 (c. 28)
Justice of the peace who is not a District Judge (Magistrates' Courts)	Section 10(1) of the Courts Act 2003 (c. 39)
Deputy District Judge (Magistrates' Courts)	Section 24(1) of the Courts Act 2003

Part 3 — Tribunal-related and other appointments

Office	Enactment
Member of pensions appeal tribunal	Paragraphs 2 and 3 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53)
Member of the Shipping Claims Tribunal	Section 8(1) of the Compensation (Defence) Act 1939 (c. 75)
President of the Shipping Claims Tribunal	Section 8(1) of the Compensation (Defence) Act 1939 (c. 75)
Member of panel	Section 109(1)(a) of the London Building Acts (Amendment) Act 1939 (c.xcvii)
Deputy member of panel	Section 109(1)(h) of the London Building Acts (Amendment) Act 1939
Member of a Pensions Appeal Tribunal	Paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
President of Pensions Appeal Tribunals	Paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Deputy President of Pensions Appeal Tribunals	Paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Member of panel of persons to act as arbitrators	Section 61(1) of the Coal Industry Nationalisation Act 1946 (c. 59)
Chairman of panel of persons to act as arbitrators	Section 61(1) of the Coal Industry Nationalisation Act 1946 (c. 59)
Deputy chairman of panel of persons to act as arbitrators	Section 61(1) of the Coal Industry Nationalisation Act 1946 (c. 59)
Chairman of an Agricultural Land Tribunal	Paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (c. 48)
Member of panel of deputy-chairmen of Agricultural Land Tribunal	Paragraph 14(1) of Schedule 9 to the Agriculture Act 1947
Member of panel	Paragraph 15(1) of Schedule 9 to the Agriculture Act 1947 (c. 48)
Appointed person	Section 27A(1)(a) of the Registered Designs Act 1949
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
First of the three arbitration committee members	Section 7(6) of the National Health Service (Amendment) Act 1949 (c. 93)
Arbitrator	Section 18(3) of the National Parks and Access to the Countryside Act 1949 (c. 97)
Chairman of the Foreign Compensation Commission	Section 1(1) of the Foreign Compensation Act 1950 (c. 12)
Arbitrator	Paragraph 3(4) of Schedule 6 to the Transport Act 1962 (c. 46)
Chairman of a Levy Appeal Tribunal	Section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2)
Commons Commissioner	Section 17(1) of the Commons Registration Act 1965 (c. 64)
Chief Commons Commissioner	Section 17(1) of the Commons Registration Act 1965 (c. 64)
Substitute Chief Commons Commissioner	Section 17(3) of the Commons Registration Act 1965
Arbitrator	Section 15A(3) of the Countryside Act 1968 (c. 41)
Arbitrator	Paragraph 13(3) of Schedule 4 to the Transport Act 1968 (c. 73)
Arbitrator	Paragraph 10(3) of Schedule 4 to the Transport Act 1968 as set out in Schedule 2 to the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985 (S.I. 1985/1903)
Arbitrator	Paragraph 10(3) of Schedule 4 to the Transport Act 1968 as set out in Schedule 2 to the Airports Act 1986 (Modifications in Schedule 4 to the Transport Act 1968) Order 1986 (S.I. 1986/1801)
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Chairman of a tribunal	Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)
President of tribunal established by the Secretary of State	Paragraph 4(a) of Schedule 3 to the Industry Act 1975 (c. 68)
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Member of panel	Paragraph 2(a) of Schedule 10 to the Rent Act 1977 (c. 42)
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitrator	Paragraph 12(3) of Schedule 2 to the British Telecommunications Act 1981 (c. 38)
Arbitrator	Section 28N(3) of the Wildlife and Countryside Act 1981 (c. 69)
Arbitrator	Section 66(4)(a) of the Transport Act 1982 (c. 49)
Member of the Mental Health Review Tribunal for Wales	Paragraph 1 of Schedule 2 to the Mental Health Act 1983 (c. 20)
President of the Mental Health Review Tribunal for Wales	Paragraph 3 of Schedule 2 to the Mental Health Act 1983
Arbitrator	Paragraph 2(5) of Schedule 1 to the Ordnance Factories and Military Services Act 1984 (c. 59)
Member of panel	Paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
President of the Transport Tribunal	Paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985 (c. 67)
Chairman of the Transport Tribunal	Paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985 (c. 67)
. . .	. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitrator	Paragraph 9(4) of Schedule 10 to the Education Reform Act 1988 (c. 40)
President of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Vice-President of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Member of the panel of chairmen of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Other member of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Chairman of the Copyright Tribunal	Section 145(2) of the Copyright, Designs and Patents Act 1988 (c. 48)
Deputy chairman of the Copyright Tribunal	Section 145(2) of the Copyright, Designs and Patents Act 1988 (c. 48)
Arbitrator	Paragraph 9(2)(a) of Schedule 10 to the Electricity Act 1989 (c. 29)
Arbitrator	Schedule 9, paragraph 5(5)(a), of the Broadcasting Act 1990 (c. 42)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitrator	Paragraph 11(5) of Schedule 2 to the Ports Act 1991 (c. 52)
Member of panel	Section 31(1) of the Land Drainage Act 1991 (c. 59)
Arbitrator	Paragraph 7(4) of Schedule 5 to the Further and Higher Education Act 1992 (c. 13)
Member of panel	Section 6(1) of the Tribunals and Inquiries Act 1992 (c. 53)
. . .	. . .
. . .	. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitrator	Paragraph 8(6)(a) of Schedule 2 to the Coal Industry Act 1994 (c. 21)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons appointed to hear and determine appeals	Section 77(1) of the Trade Marks Act 1994 (c. 26)
Arbitrator	Regulation 32(3)(a) of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) Regulation 36(4) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
Wreck commissioner	Section 297(1) of the Merchant Shipping Act 1995 (c. 21)
Arbitrator	Paragraph 10(6)(a) of Schedule 1 to the Atomic Energy Authority Act 1995 (c. 37)
Person nominated for the purpose of Schedule 6 to the Police Act 1996	Paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16)
Arbitrator	Paragraph 8(6)(a) of Schedule 5 to the Broadcasting Act 1996 (c. 55)
President of the Special Educational Needs Tribunal for Wales	Section 333(2) of the Education Act 1996 (c.56)
Member of the chairmen’s panel of the Special Educational Needs Tribunal for Wales
Chairman of a tribunal	Schedule 2, paragraph 1(1)(a), to the School Inspections Act 1996 (c. 57)
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Member of panel of chairmen for England and Wales	Paragraph 6(2)(a) of the Schedule to the Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)
Chairman of the Plant Varieties and Seeds Tribunal	Paragraph 2(1) of Schedule 3 to the Plant Varieties Act 1997 (c. 66)
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Member of appeal panel	Section 189(6) of the Greater London Authority Act 1999 (c. 29)
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Adjudicator	Rule 2(1) of the Prison Rules 1999 ( S.I. 1999/728)
Person on a list	Regulation 14(1) of the Police (Conduct) (Senior Officers) Regulations 1999 ( S.I. 1999/731)
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Member of the panel of tribunal chairmen	Regulation 7(1)(a) of the Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Senior tribunal chairman	Regulation 7(1)(b) of the Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
Adjudicator	Rule 2(1) of the Young Offender Institution Rules 2000 ( S.I. 2000/3371)
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President of the Employment Tribunals (England and Wales)	Regulation 3(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (S.I. 2001/ 1171)
Member of panel	Regulation 5(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
Regional Chairman	Regulation 8(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001
Road user charging adjudicator	Regulation 3(1) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313)
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President of the Competition Appeal Tribunal	Section 12(2)(a) of the Enterprise Act 2002 (c. 40)
Member of panel of chairmen of the Competition Appeal Tribunal	Section 12(2)(b) of the Enterprise Act 2002
Acting President of Competition Appeal Tribunal	Paragraph 3 of Schedule 2 to the Enterprise Act 2002
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Adjudicator	Section 81(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
Chief Adjudicator	Section 81(3) of the Nationality, Immigration and Asylum Act 2002
Deputy Chief Adjudicator	Section 81(3) of the Nationality, Immigration and Asylum Act 2002
Regional Adjudicator	Section 81(3) of the Nationality, Immigration and Asylum Act 2002
Deputy Regional Adjudicator	Section 81(3) of the Nationality, Immigration and Asylum Act 2002
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Member of the Immigration Appeal Tribunal	Paragraph 1 of Schedule 5 to the Nationality, Immigration and Asylum Act 2002
Deputy President of the Immigration Appeal Tribunal	Paragraph 4(1) of Schedule 5 to the Nationality, Immigration and Asylum Act 2002
Arbitrator	Paragraph 4(7)(a) of Schedule 2 to the Communications Act 2003 (c. 21)
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Coroner for Treasure	Paragraph 1 of Schedule 4 to the Coroners and Justice Act 2009
Deputy Chief Coroner	Paragraph 2(6) of Schedule 8 to the Coroners and Justice Act 2009
Office	Enactment
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Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act	Section 7(7) of the Tribunals, Courts and Enforcement Act 2007
Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007	Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007

SCHEDULE 15 — Northern Ireland Judicial Appointments Ombudsman

After Schedule 3 to the Justice (Northern Ireland) Act 2002 (c. 26) insert—

SCHEDULE 3A (1) (1) A person must not be appointed as the Ombudsman if any of these sub-paragraphs applies— (a) he is employed in the civil service of the State; (b) he is a member of the House of Commons; (c) he is a member of the Northern Ireland Assembly; (d) he is engaged in political activity as a member of a political party; (e) he has ever been any of these— (i) a practising barrister in England and Wales; (ii) a practising solicitor of the Supreme Court of England and Wales; (iii) a practising advocate in Scotland; (iv) a practising solicitor in Scotland; (v) a practising member of the Bar of Northern Ireland; (vi) a practising solicitor of the Supreme Court of Judicature of Northern Ireland; (vii) the holder of a listed judicial office. (2) Before recommending a person for appointment as the Ombudsman the Lord Chancellor must consider— (a) whether the person has exercised functions that appear to the Lord Chancellor to be of a judicial nature and such as to make the person inappropriate for the appointment; (b) whether any past service in a capacity mentioned in sub-paragraph (3) appears to the Lord Chancellor to make the person inappropriate for the appointment. (3) The service referred to in subsection (2)(b) is service as any of these— (a) a Commissioner; (b) a member of staff of the Commission; (c) a person employed in the civil service of the State. (2) (1) In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3). (2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is— (a) practising as such, (b) employed to give legal advice, or (c) providing legal advice under a contract for services. (3) A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Supreme Court of Judicature of Northern Ireland is practising if he is— (a) acting as such, (b) employed to give legal advice, or (c) providing legal advice under a contract for services. (3) (1) The Ombudsman must be appointed for a fixed period. (2) But an appointment is subject to paragraphs 4 and 5. (4) A person— (a) may not be appointed as the Ombudsman for more than 5 years at a time, and (b) may not hold office as the Ombudsman for periods (whether or not consecutive) totalling more than 10 years. (5) (1) The Ombudsman may at any time— (a) resign his office by notice in writing addressed to Her Majesty; (b) be removed from office by the Lord Chancellor. (2) The Lord Chancellor may not remove the Ombudsman from office unless he is satisfied that the Ombudsman— (a) has become disqualified for appointment under paragraph 1(1), (b) has ceased to be appropriate for the appointment because of considerations listed in paragraph 1(2), (c) has, within the preceding nine months, failed to discharge the functions of his office for a continuous period of at least six months, (d) has been convicted of an offence, (e) is an undischarged bankrupt, or (f) is otherwise unfit to hold his office or unable to discharge its functions. (6) (1) The Lord Chancellor may— (a) pay to the Ombudsman such remuneration, fees or expenses as the Lord Chancellor may determine; (b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been the Ombudsman. (2) If— (a) the Ombudsman ceases to hold office other than on the expiry of his term of appointment, and (b) it appears to the Lord Chancellor that there are special circumstances that would warrant the payment of compensation to him, the Lord Chancellor may make to or in respect of him a payment of such amount as the Lord Chancellor may determine. (7) (1) The Lord Chancellor may appoint a person to exercise the functions of the Ombudsman if— (a) the Ombudsman's office becomes vacant, (b) the Lord Chancellor determines that the Ombudsman is incapable of exercising his functions, or (c) the Ombudsman notifies the Lord Chancellor that it would be inappropriate for him to exercise any of his functions in connection with a particular matter because of a possible conflict of interests or for any other reason. (2) But a person may be appointed under this paragraph only if he is eligible under paragraph 1 to be appointed as Ombudsman. (3) The Lord Chancellor may— (a) pay to a person appointed under this paragraph such remuneration, fees or expenses as the Lord Chancellor may determine; (b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been a person appointed under this paragraph. (4) A person appointed under this paragraph is to exercise the functions of the Ombudsman in accordance with the terms of his appointment. (5) The Lord Chancellor may end an appointment under this paragraph at any time. (6) Otherwise any appointment of a person under this paragraph ends on the earliest of— (a) that person's ceasing to be eligible to be appointed as Ombudsman; (b) the expiry of the appointment in accordance with its terms and conditions; (c) the date on which with the agreement of the Lord Chancellor the Ombudsman resumes the exercise of his functions; (d) the appointment of a new Ombudsman; (e) the end of twelve months beginning with the relevant date. (7) The relevant date is— (a) if the appointment was under sub-paragraph (1)(a), the date when the vacancy arose; (b) if the appointment was under sub-paragraph (1)(b), the date of the Lord Chancellor's determination; (c) if the appointment was under sub-paragraph (1)(c), the date of the notification. (8) The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole. (9) (1) The Ombudsman does not have power to do any of the following— (a) to borrow money; (b) to hold real property; (c) to appoint staff (except by way of arrangements under paragraph 10). (2) Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions. (3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2). (10) (1) The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him. (2) Arrangements may include the paying of fees to such persons. (3) No arrangements may be made under this paragraph unless approved by the Lord Chancellor. (11) Unless the Ombudsman has made arrangements under paragraph 10, the Lord Chancellor may make arrangements for assistance to be provided to the Ombudsman. (12) (1) The Ombudsman may delegate any functions to— (a) any person with whom arrangements are made under paragraph 10 or 11, or (b) any person providing assistance to the Ombudsman in pursuance of such arrangements. (2) But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him. (13) (1) Expenditure incurred by the Ombudsman in the discharge of his functions is to be met by the Lord Chancellor. (2) The Lord Chancellor may by direction require the Ombudsman— (a) not to incur costs and expenditure in excess of a specified amount without his consent; (b) to follow specified procedures in relation to his costs and expenditure. (3) A direction under sub-paragraph (2) may relate to all of the Ombudsman's costs and expenditure, or to costs and expenditure of a specified description. (14) The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Ombudsman and any person appointed under paragraph 7 to exercise his functions. (15) (1) The Ombudsman must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of his functions during that year. (2) The Lord Chancellor may by direction require the Ombudsman to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction. (3) The Ombudsman must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction. (4) The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1). (5) The Ombudsman must publish any report once copies of it have been laid under sub-paragraph (4). (16) A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way. (17) (1) Financial year in this Schedule, means— (a) the period beginning with the date on which section 9A comes into force and ending with the following 31 March, and (b) each successive period of twelve months. (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— “ The Northern Ireland Judicial Appointments Ombudsman. ” (3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— “ The Northern Ireland Judicial Appointments Ombudsman. ”

SCHEDULE 16 — Judicial Committee of the Privy Council

Judicial Committee Act 1833 (c. 41)

1

The Judicial Committee Act 1833 is amended as follows.

2

For section 1 substitute—

(1) (1) There shall be a committee of the Privy Council styled “The Judicial Committee of the Privy Council”. (2) A person is a member of the committee if— (a) he is a member of the Privy Council who holds, or has held, high judicial office, or (b) another enactment provides for him to be a member of the committee. (3) Subsection (2)(a) does not apply to a person after the day on which he attains the age of 75 years. (4) In this section “high judicial office” has the same meaning as in Part 3 of the Constitutional Reform Act 2005.

3

For section 18 substitute—

(18) (1) Her Majesty may, under her sign manual, appoint any person to be the registrar of the said privy council, as regards the purposes of this Act, and direct what duties shall be performed by the registrar. (2) A recommendation to Her Majesty to exercise any power under subsection (1) may be made only after consultation with the President of the Supreme Court of the United Kingdom.

4

In section 19 (attendance of witnesses etc) for “the president for the time being of the said privy council” substitute “ the Judicial Committee of the Privy Council ”.

Court of Chancery Act 1851 (c. 83)

5

In section 16 of the Court of Chancery Act 1851 (quorum of Judicial Committee) omit the words from “, exclusive of” to the end.

Privy Council Registrar Act 1853 (c. 85)

6

In section 2 of the Privy Council Registrar Act 1853 (appointment by President of the Council of person to act for registrar) after “Privy Council” insert “ , after consulting the President of the Supreme Court of the United Kingdom, ”.

Oxford University Act 1862 (c. 26)

7

In section 7 of the Oxford University Act 1862 (approbation of statutes by Her Majesty in Council etc) omit “, not including the Lord President,”.

Public Schools Act 1868 (c. 118)

8

In section 9 of the Public Schools Act 1868 (statutes to be laid before Privy Council) omit “, not including the Lord President,”.

Judicial Committee Act 1881 (c. 3)

9

The Judicial Committee Act 1881 ceases to have effect.

Judicial Committee Act 1915 (c. 92)

10

In section 1 of the Judicial Committee Act 1915 (power of Judicial Committee to sit in more than one division) omit “and the Lord President of the Council”.

SCHEDULE 17 — Minor and consequential amendments

Part 1 — The Lord Chancellor

Fines Act 1833 (c. 99)

1

The Fines Act 1833 ceases to have effect.

Promissory Oaths Act 1868 (c. 72)

2

In the Schedule to the Promissory Oaths Act 1868 (persons to take oaths) in Part 2 omit “The Lord Chancellor of Great Britain”.

Universities of Oxford and Cambridge Act 1877 (c. 48)

3

In the Universities of Oxford and Cambridge Act 1877, in section 44 (constitution of Universities Committee of Privy Council) omit—

• (a) “the Lord Chancellor,” in the first place;

• (b) “the Lord Chancellor or”.

Sheriffs Act 1887 (c. 55)

4

In the Sheriffs Act 1887, in section 6 (nomination and appointment of sheriffs) in subsection (1) omit “the Lord Chancellor,”.

Administration of Justice Act 1964 (c. 42)

5

In section 37 of the Administration of Justice Act 1964 (financial provisions) omit subsection (2).

Parliamentary Commissioner Act 1967 (c. 13)

6

• (1) The Parliamentary Commissioner Act 1967 is amended as follows.

• (2) In section 5 (matters subject to investigation) in subsection (6) for “Lord Chancellor's Department” substitute “ Department for Constitutional Affairs ”.

• (3) In Schedule 2 (departments etc. subject to investigation) in the note relating to the Department for Constitutional Affairs omit “the Lord Chancellor's Department and”.

• (4) In Schedule 3 (matters not subject to investigation) at the end insert—

(12) (1) Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland. (2) In this paragraph “judge” includes— (a) a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and (b) a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.

Patronage (Benefices) Measure 1986 (1986 No. 3)

7

Section 36 of the Patronage (Benefices) Measure 1986 ceases to have effect.

Priests (Ordination of Women) Measure 1993 (1993 No. 2)

8

• (1) The Priests (Ordination of Women) Measure 1993 is amended as follows.

• (2) Omit section 2(4)(c) (notice of declaration by Bishop to be given to Lord Chancellor).

• (3) In section 7(1) (benefices in the patronage of the Crown etc), omit the words from “and to” to “Lord Chancellor”.

Part 2 — Amendments relating to Part 3

Appellate Jurisdiction Act 1876 (c. 59)

9

The Appellate Jurisdiction Act 1876 ceases to have effect.

Jurisdiction in Rating Act 1877 (c. 11)

10

In the Jurisdiction in Rating Act 1877, in section 3 (interpretation) in the definition of “Judge” for the words from “any Lord of Appeal” to the end of the definition substitute “ any judge of the Supreme Court and any person acting as a judge of that court under section 38 of the Constitutional Reform Act 2005. ”

Appellate Jurisdiction Act 1887 (c. 70)

11

The Appellate Jurisdiction Act 1887 ceases to have effect.

Railway and Canal Traffic Act 1888 (c. 25)

12

Section 17(5) of the Railway and Canal Traffic Act 1888 ceases to have effect.

Supreme Court of Judicature Act 1891 (c. 53)

13

The Supreme Court of Judicature Act 1891 ceases to have effect.

Appellate Jurisdiction Act 1947 (c. 11)

14

The Appellate Jurisdiction Act 1947 ceases to have effect.

Life Peerages Act 1958 (c. 21)

15

In the Life Peerages Act 1958, in section 1 (power to create life peerages), in subsection (1) omit the words “Without prejudice to Her Majesty's powers as to the appointment of Lords of Appeal in Ordinary,”.

Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1)

16

• (1) The Ecclesiastical Jurisdiction Measure 1963 is amended as follows.

• (2) In section 11 (review of commissions of convocation or Court of Ecclesiastical Causes Reserved) for “Lords of Appeal (within the meaning of the Appellate Jurisdiction Act 1876)” substitute “ judges of the Supreme Court, or members of the supplementary panel under section 39 of the Constitutional Reform Act 2005, ”.

• (3) In section 66(1) (interpretation) for the definition of “high judicial office” substitute—

“high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;

Law Commissions Act 1965 (c. 22)

17

In section 6 of the Law Commissions Act 1965 (supplemental) for the words from “has the same meaning” to “1887;” substitute “ means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council; ”.

Administration of Justice Act 1968 (c. 5)

18

The Administration of Justice Act 1968 ceases to have effect.

Administration of Justice Act 1973 (c. 15)

19

• (1) The Administration of Justice Act 1973 is amended as follows.

• (2) In section 9 (judicial salaries) omit subsection (1)(a).

• (3) In section 12 (retirement of higher judiciary in event of incapacity)—

• (a) in subsection (1)—

• (i) omit “as Lord of Appeal in Ordinary, or”;

• (ii) for “subsections (2) to (4)” substitute “ subsection (4) ”;

• (b) omit subsection (2).

Juries Act 1974 (c. 23)

20

In the Juries Act 1974, in Group A in Part 1 of Schedule 1 (persons ineligible: the judiciary)—

• (a) in the entry relating to holders of high judicial office, for “the Appellate Jurisdiction Act 1876” substitute “ Part 3 of the Constitutional Reform Act 2005 ”, and

• (b) after that entry insert the following entry— “ Members of the Judicial Committee of the Privy Council (if not holders of high judicial office within the meaning of that Part). ”

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

21

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

• (2) In section 7 (further assistance for transaction of judicial business) in subsections (1)(a) and (4) for “Lord of Appeal in Ordinary” substitute “ judge of the Supreme Court ”.

• (3) In section 9 (qualifications of judges), in subsection (3)(b) for “Lord of Appeal in Ordinary” substitute “ judge of the Supreme Court ”.

Supreme Court Act 1981 (c. 54)

22

• (1) The Supreme Court Act 1981 is amended as follows.

• (2) In section 2 (the Court of Appeal), in subsection (2)(c) for “Lord of Appeal in Ordinary” substitute “ judge of the Supreme Court ”.

• (3) In section 9 (assistance for transaction of judicial business), in subsection (8) for paragraph (a)(i) substitute—

(i) a judge of the Supreme Court; or

• (4) In section 11 (tenure of offices), in subsection (4) for “Lord Chancellor or a Lord of Appeal in Ordinary” substitute “ a judge of the Supreme Court ”.

• (5) In section 13 (precedence), in subsection (1)(b) for the words “Lords of Appeal in Ordinary” in each place substitute “ judges of the Supreme Court ”.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

23

In the Civil Jurisdiction and Judgments Act 1982, in section 50 (interpretation) in the definition of “court of law” for paragraph (a) substitute—

(a) the Supreme Court,

Courts and Legal Services Act 1990 (c. 41)

24

In the Courts and Legal Services Act 1990, in Schedule 11 (judges etc barred from legal practice) for the words “Lord of Appeal in Ordinary” substitute

Judge of the Supreme Court

...

25

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

Justices of the Peace Act 1997 (c. 25)

26

In section 7(2) of the Justices of the Peace Act 1997 (the supplemental list)—

• (a) in paragraph (a) omit “within the meaning of the Appellate Jurisdiction Act 1876”, and

• (b) after paragraph (b) insert “ ; and in this subsection “high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council. ”.

Police Act 1997 (c. 50)

27

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

Special Immigration Appeals Commission Act 1997 (c. 68)

28

In paragraph 5 of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (the Commission) for “the Appellate Jurisdiction Act 1876)” substitute “ Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council ”.

Terrorism Act 2000 (c. 11)

29

In paragraph 4(3)(b) of Schedule 3 to the Terrorism Act 2000 (the Proscribed Organisations Appeal Commission) for “the Appellate Jurisdiction Act 1876)” substitute “ Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

30

• (1) The Regulation of Investigatory Powers Act 2000 is amended as follows.

• (2) In each of—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) paragraphs 1(1)(a) and 2(2) of Schedule 3 (the Tribunal),

for “the Appellate Jurisdiction Act 1876)” substitute “ Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council ”.

• (3) In section 61(8)(a) (Investigatory Powers Commissioner for Northern Ireland) for “the Appellate Jurisdiction Act 1876” substitute “ Part 3 of the Constitutional Reform Act 2005 ”.

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

31

In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (the Pathogens Access Appeal Commission), in paragraph 4(3)(b) for “the Appellate Jurisdiction Act 1876 (c. 59));” substitute “ Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council; ”.

European Parliamentary Elections Act 2002 (c. 24)

32

In the European Parliamentary Elections Act 2002, in section 10 (disqualification) in subsection (1) omit paragraph (b) and the “or” immediately preceding it.

Justice (Northern Ireland) Act 2002 (c. 26)

33

• (1) The Justice (Northern Ireland) Act 2002 is amended as follows.

• (2) In each of—

• (a) section 8(4)(a),

• (b) section 24(4)(a), and

• (c) section 43(5)(a),

(tribunals for considering removal from certain offices) for the words from “holds the office” to “Appellate Jurisdiction Act 1887 (c. 70))” substitute “ holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005 ”.

• (3) Omit section 18(1) (amendment of section 6 of the Appellate Jurisdiction Act 1876).

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

34

In Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (the Asylum and Immigration Tribunal) (as inserted by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004), in paragraph 5(1)(a) (President of the Asylum and Immigration Tribunal) for “the Appellate Jurisdiction Act 1859 (c. 59)” substitute “ Part 3 of Constitutional Reform Act 2005 or who is or has been a member of the Judicial Committee of the Privy Council ”.

Clergy Discipline Measure 2003 (2003 No. 3)

35

In the Clergy Discipline Measure 2003, in section 43(1) (interpretation) for the definition of “high judicial office” substitute—

“high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;

Part 3 — Northern Ireland

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

36

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

Justice (Northern Ireland) Act 2002 (c. 26)

37

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

38

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

39

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

SCHEDULE 18 — Repeals and revocations

Part 1 — Powers to make rules

Part 2 — Judiciary-related functions and organisation of the courts

Part 3 — Functions under legislation relating to Northern Ireland

Part 4 — The Lord Chancellor: minor and consequential

Part 5 — Supreme Court

Part 6 — Judicial Committee of the Privy Council

Reference	Extent of repeal or revocation
Court of Chancery Act 1851 (c. 83)	In section 16, the words from “, exclusive of” to the end.
Oxford University Act 1862 (c. 26)	In section 7, “, not including the Lord President,”.
Public Schools Act 1868 (c. 118)	In section 9, “, not including the Lord President,”.
Judicial Committee Act 1881 (c. 3)	The whole Act.
Judicial Committee Act 1915 (c. 92)	In section 1, “and the Lord President of the Council”.

Editorial notes