Constitutional Reform Act 2005

Civil Procedure Act 1997 (c. 12)

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.”