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Constitutional Reform Act 2005

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This is the original version (as it was originally enacted).

Constitutional Reform Act 2005

2005 CHAPTER 4

An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.

[24th March 2005]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1The rule of law

1The rule of law

This Act does not adversely affect—

(a)the existing constitutional principle of the rule of law, or

(b)the Lord Chancellor’s existing constitutional role in relation to that principle.

Part 2Arrangements to modify the office of Lord Chancellor

Qualifications for office of Lord Chancellor

2Lord Chancellor to be qualified by experience

(1)A person may not be recommended for appointment as Lord Chancellor unless he appears to the Prime Minister to be qualified by experience.

(2)The Prime Minister may take into account any of these—

(a)experience as a Minister of the Crown;

(b)experience as a member of either House of Parliament;

(c)experience as a qualifying practitioner;

(d)experience as a teacher of law in a university;

(e)other experience that the Prime Minister considers relevant.

(3)In this section “qualifying practitioner” means any of these—

(a)a person who has a Senior Courts qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b)an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;

(c)a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

Continued judicial independence

3Guarantee of continued judicial independence

(1)The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary.

(2)Subsection (1) does not impose any duty which it would be within the legislative competence of the Scottish Parliament to impose.

(3)A person is not subject to the duty imposed by subsection (1) if he is subject to the duty imposed by section 1(1) of the Justice (Northern Ireland) Act 2002 (c. 26).

(4)The following particular duties are imposed for the purpose of upholding that independence.

(5)The Lord Chancellor and other Ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary.

(6)The Lord Chancellor must have regard to—

(a)the need to defend that independence;

(b)the need for the judiciary to have the support necessary to enable them to exercise their functions;

(c)the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters.

(7)In this section “the judiciary” includes the judiciary of any of the following—

(a)the Supreme Court;

(b)any other court established under the law of any part of the United Kingdom;

(c)any international court.

(8)In subsection (7) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

(a)an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or

(b)a resolution of the Security Council or General Assembly of the United Nations.

4Guarantee of continued judicial independence: Northern Ireland

(1)For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of continued judicial independence) substitute—

1Guarantee of continued judicial independence

(1)The following persons must uphold the continued independence of the judiciary—

(a)the First Minister,

(b)the deputy First Minister,

(c)Northern Ireland Ministers, and

(d)all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.

(2)The following particular duty is imposed for the purpose of upholding that independence.

(3)The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

(4)In this section “the judiciary” includes the judiciary of any of the following—

(a)the Supreme Court;

(b)any other court established under the law of any part of the United Kingdom;

(c)any international court.

(5)In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

(a)an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or

(b)a resolution of the Security Council or General Assembly of the United Nations.

(2)In section 91(2) of that Act (extent: provisions not restricted to Northern Ireland), before paragraph (a) insert—

(za)section 1,.

Representations by senior judges

5Representations to Parliament

(1)The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.

(2)In relation to Scotland those matters do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.

(3)In relation to Northern Ireland those matters do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(4)In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).

(5)In this section “chief justice” means—

(a)in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;

(b)in relation to Scotland, the Lord President of the Court of Session.

6Representations to the Northern Ireland Assembly

(1)The Lord Chief Justice of Northern Ireland may lay before the Northern Ireland Assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in Northern Ireland.

(2)The matters are—

(a)excepted or reserved matters to which a Bill for an Act of the Northern Ireland Assembly relates;

(b)transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(3)In subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the Northern Ireland Act 1998.

Judiciary and courts in England and Wales

7President of the Courts of England and Wales

(1)The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England and Wales.

(2)As President of the Courts of England and Wales he is responsible—

(a)for representing the views of the judiciary of England and Wales to Parliament, to the Lord Chancellor and to Ministers of the Crown generally;

(b)for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of England and Wales within the resources made available by the Lord Chancellor;

(c)for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts.

(3)The President of the Courts of England and Wales is president of the courts listed in subsection (4) and is entitled to sit in any of those courts.

(4)The courts are—

  • the Court of Appeal

  • the High Court

  • the Crown Court

  • the county courts

  • the magistrates' courts.

(5)In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2) (Lord Chancellor to be president of the Supreme Court of England and Wales) ceases to have effect.

8Head and Deputy Head of Criminal Justice

(1)There is to be a Head of Criminal Justice.

(2)The Head of Criminal Justice is—

(a)the Lord Chief Justice, 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 Criminal 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 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.

9Head and Deputy Head of Family Justice

(1)The President of the Family Division is Head of Family Justice.

(2)The Lord Chief Justice may appoint a person to be Deputy Head of Family Justice.

(3)The Lord Chief Justice must not appoint a person under subsection (2) unless these conditions are met—

(a)the Lord Chief Justice has consulted the Lord Chancellor;

(b)the person to be appointed is an ordinary judge of the Court of Appeal.

(4)A person appointed as Deputy Head of Family Justice holds that office in accordance with the terms of his appointment.

Judiciary and courts in Northern Ireland

10The Lord Chancellor and Northern Ireland courts

In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—

68ALord Chancellor’s duty

(1)The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a)the Supreme Court,

(b)county courts,

(c)magistrates' courts, and

(d)coroners' courts,

and that appropriate services are provided for those courts.

(2)The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his duty under subsection (1).

11Lord Chief Justice of Northern Ireland

For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute—

(1A)The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

(1B)As President of the Courts of Northern Ireland he is responsible—

(a)for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;

(b)for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;

(c)for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;

(d)for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.

(1C)The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

(1D)The courts are—

  • the Court of Appeal

  • the High Court

  • the Crown Court

  • the county courts

  • the magistrates' courts.

Other provisions about the judiciary and courts

12Powers to make rules

(1)Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.

(2)Part 2 of the Schedule contains amendments of Acts that contain rule-making powers.

(3)Those amendments—

(a)provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and

(b)make consequential provision.

13Powers to give directions

(1)Part 1 of Schedule 2 sets out a process for the exercise of powers to give directions.

(2)Part 2 of the Schedule contains amendments of Acts that contain powers to give directions.

(3)Those amendments—

(a)provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and

(b)make consequential provision.

14Transfer of appointment functions to Her Majesty

Schedule 3 provides for—

(a)Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and

(b)the modification of enactments relating to those offices.

15Other functions of the Lord Chancellor and organisation of the courts

(1)Schedule 4 provides for—

(a)the transfer of functions to or from the Lord Chancellor,

(b)the modification of other functions of the Lord Chancellor,

(c)the modification of enactments relating to those functions, and

(d)the modification of enactments relating to the organisation of the courts.

(2)Schedule 5 makes similar provision about functions under legislation relating to Northern Ireland.

16Functions of the Lord Chief Justice during vacancy or incapacity

(1)This section applies during any period when—

(a)the office of Lord Chief Justice is vacant, or

(b)the Lord Chief Justice is incapacitated.

(2)During such a period—

(a)any function of the Lord Chief Justice may be exercised by the senior Head of Division;

(b)anything which falls to be done in relation to the Lord Chief Justice may be done in relation to the senior Head of Division.

(3)The senior Head of Division is—

(a)the Master of the Rolls, or

(b)the President of the Queen’s Bench Division, if the office in paragraph (a) is vacant, or

(c)the President of the Family Division, if the offices in paragraphs (a) and (b) are vacant, or

(d)the Chancellor of the High Court, if the offices in paragraphs (a), (b) and (c) are vacant.

(4)For the purposes of this section—

(a)the Lord Chief Justice is to be regarded as incapacitated only if at least three of the Heads of Division declare in writing that they are satisfied that he is incapacitated;

(b)in such a case, the Lord Chief Justice is to be regarded as incapacitated until at least three of the Heads of Division declare in writing that they are satisfied that he is no longer incapacitated.

(5)In this section—

(a)“Lord Chief Justice” means the Lord Chief Justice of England and Wales;

(b)“incapacitated”, in relation to the Lord Chief Justice, means unable to exercise the functions of that office;

(c)“Head of Division” means each of the office holders referred to in subsection (3).

Lord Chancellor’s oath

17Lord Chancellor’s oath

(1)In the Promissory Oaths Act 1868 (c. 72) after section 6 insert—

6ALord Chancellor’s Oath

(1)The oath set out in subsection (2) shall be tendered to and taken by the Lord Chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office.

(2)The oath is—

“I,          , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible.          So help me God..

(2)The section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section.

Speakership of the House of Lords

18Speakership of the House of Lords

Schedule 6 contains amendments relating to the Speakership of the House of Lords.

Functions subject to transfer, modification or abolition

19Transfer, modification or abolition of functions by order

(1)The Lord Chancellor may by order make provision for any of these purposes—

(a)to transfer an existing function of the Lord Chancellor to another person;

(b)to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person;

(c)to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor;

(d)to modify an existing function of the Lord Chancellor;

(e)to abolish an existing function of the Lord Chancellor.

(2)An order under subsection (1) may in particular—

(a)amend or repeal any of the following—

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

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

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

(b)include—

(i)any supplementary, incidental or consequential provision, and

(ii)any transitory, transitional or saving provision,

which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1).

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

(4)An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc).

(5)An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7.

(6)An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order—

(a)becomes exercisable by the Lord Chancellor concurrently with another person, or

(b)is modified.

(7)An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1).

(8)In this section—

  • “existing function” means any function other than one that is conferred by—

    (a)

    an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed, or

    (b)

    subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

  • “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.

20Protected functions not transferable under Ministers of the Crown Act 1975

(1)The Ministers of the Crown Act 1975 (c. 26) is amended as follows.

(2)In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—

(6)This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005.

(7)An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council—

(a)is transferred to the Lord Chancellor,

(b)becomes exercisable by the Lord Chancellor concurrently with another person, or

(c)remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.

(8)An Order in Council under this section may not, to the extent that it amends Schedule 7 to the Constitutional Reform Act 2005, be revoked by another Order in Council under this section.

(3)After section 5(3) (Orders under Act to be revocable) insert—

(3A)Subsection (3) is subject to section 1(8).

21Amendment of Schedule 7

(1)The Lord Chancellor may by order amend Schedule 7 so as to include within that Schedule any function of the Lord Chancellor under an enactment, other than an enactment contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed.

(2)For the purposes of subsection (1) it does not matter whether a function of the Lord Chancellor is exercisable by him alone or concurrently with another person.

(3)An order made under this section may not be revoked by an order made under this section.

Supplementary

22Transfers: supplementary

(1)This section applies where a function of the Lord Chancellor is transferred to another person (“the transferee”) by any provision of this Act or of an order under section 19 (“the amending provision”).

(2)Where the transferee is Her Majesty, references to the transferee in the following provisions of this section are to be read as references to the Lord Chancellor.

(3)The transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Chancellor before the commencement of the amending provision.

(4)So far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of this Act, as if—

(a)a reference to the Lord Chancellor were a reference to the transferee;

(b)a reference to the Lord Chancellor’s Department were a reference to the department of the transferee;

(c)a reference to an officer of the Lord Chancellor were a reference to an officer of the transferee.

(5)Anything done by or in relation to the Lord Chancellor in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee.

(6)Anything which relates to the function and which is in the process of being done by or in relation to the Lord Chancellor at the commencement of the amending provision may be continued by or in relation to the transferee.

(7)Legal proceedings to which the Lord Chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee.

(8)Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Lord Chancellor, his Department or an officer of his.

(9)For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his.

Part 3The Supreme Court

The Supreme Court

23The Supreme Court

(1)There is to be a Supreme Court of the United Kingdom.

(2)The Court consists of 12 judges appointed by Her Majesty by letters patent.

(3)Her Majesty may from time to time by Order in Council amend subsection (2) so as to increase or further increase the number of judges of the Court.

(4)No recommendation may be made to Her Majesty in Council to make an Order under subsection (3) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

(5)Her Majesty may by letters patent appoint one of the judges to be President and one to be Deputy President of the Court.

(6)The judges other than the President and Deputy President are to be styled “Justices of the Supreme Court”.

(7)The Court is to be taken to be duly constituted despite any vacancy among the judges of the Court or in the office of President or Deputy President.

24First members of the Court

On the commencement of section 23—

(a)the persons who immediately before that commencement are Lords of Appeal in Ordinary become judges of the Supreme Court,

(b)the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Court, and

(c)the person who immediately before that commencement is the second senior Lord of Appeal in Ordinary becomes the Deputy President of the Court.

Appointment of judges

25Qualification for appointment

(1)A person is not qualified to be appointed a judge of the Supreme Court unless he has (at any time)—

(a)held high judicial office for a period of at least 2 years, or

(b)been a qualifying practitioner for a period of at least 15 years.

(2)A person is a qualifying practitioner for the purposes of this section at any time when—

(a)he has a Senior Courts qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b)he is an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary, or

(c)he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

26Selection of members of the Court

(1)This section applies to a recommendation for an appointment to one of the following offices—

(a)judge of the Supreme Court;

(b)President of the Court;

(c)Deputy President of the Court.

(2)A recommendation may be made only by the Prime Minister.

(3)The Prime Minister—

(a)must recommend any person whose name is notified to him under section 29;

(b)may not recommend any other person.

(4)A person who is not a judge of the Court must be recommended for appointment as a judge if his name is notified to the Prime Minister for an appointment as President or Deputy President.

(5)If there is a vacancy in one of the offices mentioned in subsection (1), or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

(6)Schedule 8 is about selection commissions.

(7)Subsection (5) is subject to Part 3 of that Schedule.

(8)Sections 27 to 31 apply where a selection commission is convened under this section.

27Selection process

(1)The commission must—

(a)determine the selection process to be applied,

(b)apply the selection process, and

(c)make a selection accordingly.

(2)As part of the selection process the commission must consult each of the following—

(a)such of the senior judges as are not members of the commission and are not willing to be considered for selection;

(b)the Lord Chancellor;

(c)the First Minister in Scotland;

(d)the Assembly First Secretary in Wales;

(e)the Secretary of State for Northern Ireland.

(3)If for any part of the United Kingdom no judge of the courts of that part is to be consulted under subsection (2)(a), the commission must consult as part of the selection process the most senior judge of the courts of that part who is not a member of the commission and is not willing to be considered for selection.

(4)Subsections (5) to (10) apply to any selection under this section or section 31.

(5)Selection must be on merit.

(6)A person may be selected only if he meets the requirements of section 25.

(7)A person may not be selected if he is a member of the commission.

(8)In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.

(9)The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.

(10)Any selection must be of one person only.

28Report

(1)After complying with section 27 the commission must submit a report to the Lord Chancellor.

(2)The report must—

(a)state who has been selected;

(b)state the senior judges consulted under section 27(2)(a) and any judge consulted under section 27(3);

(c)contain any other information required by the Lord Chancellor.

(3)The report must be in a form approved by the Lord Chancellor.

(4)After submitting the report the commission must provide any further information the Lord Chancellor may require.

(5)When he receives the report the Lord Chancellor must consult each of the following—

(a)the senior judges consulted under section 27(2)(a);

(b)any judge consulted under section 27(3);

(c)the First Minister in Scotland;

(d)the Assembly First Secretary in Wales;

(e)the Secretary of State for Northern Ireland.

29The Lord Chancellor’s options

(1)This section refers to the following stages—

Stage 1:where a person has been selected under section 27
Stage 2:where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:where a person has been selected following a rejection or reconsideration at stage 2.

(2)At stage 1 the Lord Chancellor must do one of the following—

(a)notify the selection;

(b)reject the selection;

(c)require the commission to reconsider the selection.

(3)At stage 2 the Lord Chancellor must do one of the following—

(a)notify the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1;

(c)require the commission to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)At stage 3 the Lord Chancellor must notify the selection, unless subsection (5) applies and he makes a notification under it.

(5)If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may at stage 3 notify that person’s name to the Prime Minister.

(6)In this Part references to the Lord Chancellor notifying a selection are references to his notifying to the Prime Minister the name of the person selected.

30Exercise of powers to reject or require reconsideration

(1)The power of the Lord Chancellor under section 29 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned.

(2)The power of the Lord Chancellor under section 29 to require the commission to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—

(a)there is not enough evidence that the person is suitable for the office concerned,

(b)there is evidence that the person is not the best candidate on merit, or

(c)there is not enough evidence that if the person were appointed the judges of the Court would between them have knowledge of, and experience of practice in, the law of each part of the United Kingdom.

(3)The Lord Chancellor must give the commission reasons in writing for rejecting or requiring reconsideration of a selection.

31Selection following rejection or requirement to reconsider

(1)If under section 29 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the commission must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the commission—

(a)may not select the person rejected, and

(b)where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the commission—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)The commission must inform the Lord Chancellor of the person selected following a rejection or requirement to reconsider.

Terms of appointment

32Oath of allegiance and judicial oath

(1)A person who is appointed as President of the Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a)the Deputy President, or

(b)if there is no Deputy President, the senior ordinary judge.

(2)A person who is appointed as Deputy President of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a)the President, or

(b)if there is no President, the senior ordinary judge.

(3)A person who is appointed as a judge of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a)the President, or

(b)if there is no President, the Deputy President, or

(c)if there is no President and no Deputy President, the senior ordinary judge.

(4)Subsections (1) and (2) apply whether or not the person appointed as President or Deputy President has previously taken the required oaths in accordance with this section after accepting another office.

(5)Subsection (3) does not apply where a person is first appointed as a judge of the Court upon appointment to the office of President or Deputy President.

(6)In this section “required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

33Tenure

A judge of the Supreme Court holds that office during good behaviour, but may be removed from it on the address of both Houses of Parliament.

34Salaries and allowances

(1)A judge of the Supreme Court is entitled to a salary.

(2)The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.

(3)Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.

(4)A determination under subsection (2) may increase but not reduce the amount.

(5)Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.

(6)Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.

35Resignation and retirement

(1)A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.

(2)The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.

(3)In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

36Medical retirement

(1)This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—

(a)is disabled by permanent infirmity from the performance of the duties of his office, and

(b)is for the time being incapacitated from resigning his office.

(2)The Lord Chancellor may by instrument under his hand declare the person’s office to have been vacated.

(3)A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.

(4)But such a declaration has no effect unless it is made—

(a)in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;

(b)in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;

(c)in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.

37Pensions

(1)In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—

(a)in the first column, substitute “Judge of the Supreme Court”, and

(b)in the second column, in each place substitute “judge of the Supreme Court”.

(2)In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

(3)The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.

Acting judges

38Acting judges

(1)At the request of the President of the Supreme Court any of the following may act as a judge of the Court—

(a)a person who holds office as a senior territorial judge;

(b)a member of the supplementary panel under section 39.

(2)A request under subsection (1) may be made by the Deputy President of the Court if there is no President or the President is unable to make that request.

(3)In section 26(7) of the Judicial Pensions and Retirement Act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute—

(b)act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;.

(4)Every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the Supreme Court (and so may perform any of the functions of a judge of the Court).

(5)A person is not to be treated under subsection (4) as a judge of the Court for the purposes of any statutory provision relating to—

(a)the appointment, retirement, removal or disqualification of judges of the Court,

(b)the tenure of office and oaths to be taken by judges of the Court, or

(c)the remuneration, allowances or pensions of judges of the Court.

(6)Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person is not to be treated under subsection (4) as having been a judge of the Court if he has acted in the Court only under this section.

(7)Such remuneration and allowances as the Lord Chancellor may with the agreement of the Treasury determine may be paid out of money provided by Parliament to any person who acts as a judge of the Court under this section.

(8)In this section “office as a senior territorial judge” means office as any of the following—

(a)a judge of the Court of Appeal in England and Wales;

(b)a judge of the Court of Session, but only if the holder of the office is a member of the First or Second Division of the Inner House of that Court;

(c)a judge of the Court of Appeal in Northern Ireland, unless the holder holds the office only by virtue of being a puisne judge of the High Court.

39Supplementary panel

(1)There is to be a panel of persons known as the supplementary panel.

(2)On the commencement of this section any member of the House of Lords who—

(a)meets one of the conditions in subsection (3),

(b)does not hold high judicial office,

(c)has not attained the age of 75, and

(d)is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,

becomes a member of the panel.

(3)The conditions are—

(a)that he ceased to hold high judicial office less than 5 years before the commencement of this section;

(b)that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;

(c)that he ceased to be a member of that Committee less than 5 years before that commencement.

(4)A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office—

(a)his membership of the panel is approved in writing by the President of the Supreme Court, and

(b)the President of the Court gives the Lord Chancellor notice in writing of the approval.

(5)Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.

(6)Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—

(a)while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,

(b)he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or

(c)his office is declared vacant under section 36.

(7)A person does not become a member of the supplementary panel under subsection (4) or (6) if—

(a)on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or

(b)on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.

(8)A member of the supplementary panel may resign by notice in writing to the President of the Court.

(9)Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—

(a)at the end of 5 years after the last day on which he holds his qualifying office, or

(b)if earlier, at the end of the day on which he attains the age of 75.

(10)In this section—

(a)“office as a senior territorial judge” has the same meaning as in section 38;

(b)a person’s “qualifying office” is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.

Jurisdiction, relation to other courts etc

40Jurisdiction

(1)The Supreme Court is a superior court of record.

(2)An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.

(3)An appeal lies to the Court from any order or judgment of a court in Scotland if an appeal lay from that court to the House of Lords at or immediately before the commencement of this section.

(4)Schedule 9—

(a)transfers other jurisdiction from the House of Lords to the Court,

(b)transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and

(c)makes other amendments relating to jurisdiction.

(5)The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.

(6)An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.

41Relation to other courts etc

(1)Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.

(2)A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.

(3)A decision of the Supreme Court on a devolution matter—

(a)is not binding on that Court when making such a decision;

(b)otherwise, is binding in all legal proceedings.

(4)In this section “devolution matter” means—

(a)a question referred to the Supreme Court under section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);

(b)a devolution issue as defined in Schedule 8 to the Government of Wales Act 1998 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.

Composition for proceedings

42Composition

(1)The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—

(a)the Court consists of an uneven number of judges;

(b)the Court consists of at least three judges;

(c)more than half of those judges are permanent judges.

(2)Paragraphs and of subsection are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.

(3)Paragraph of subsection is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.

(4)This section is subject to section 43.

(5)In this section—

(a)“directions” means directions given by the President of the Court;

(b)“specified”, in relation to directions, means specified in those directions;

(c)references to permanent judges are references to those judges of the Court who are not acting judges under section 38.

(6)This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.

43Changes in composition

(1)This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.

(2)The presiding judge may direct that the Court is still duly constituted in the proceedings.

(3)The presiding judge may give a direction under this section only if—

(a)the parties agree;

(b)the Court still consists of at least three judges (whether the number of judges is even or uneven);

(c)at least half of those judges are permanent judges.

(4)Subsections (2) and (3) are subject to directions given by the President of the Court.

(5)If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.

(6)In this section—

(a)“presiding judge” means the judge who is to preside, or is presiding, over proceedings;

(b)references to permanent judges have the same meaning as in section 42.

Practice and procedure

44Specially qualified advisers

(1)If the Supreme Court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it.

(2)Any remuneration payable to such an adviser is to be determined by the Court unless agreed between the adviser and the parties to the proceedings.

(3)Any remuneration forms part of the costs of the proceedings.

45Making of rules

(1)The President of the Supreme Court may make rules (to be known as “Supreme Court Rules”) governing the practice and procedure to be followed in the Court.

(2)The power to make Supreme Court Rules includes power to make different provision for different cases, including different provision—

(a)for different descriptions of proceedings, or

(b)for different jurisdiction of the Supreme Court.

(3)The President must exercise the power to make Supreme Court Rules with a view to securing that—

(a)the Court is accessible, fair and efficient, and

(b)the rules are both simple and simply expressed.

(4)Before making Supreme Court Rules the President must consult all of the following—

(a)the Lord Chancellor;

(b)the bodies listed in subsection (5);

(c)such other bodies that represent persons likely to be affected by the Rules as the President considers it appropriate to consult.

(5)The bodies referred to in subsection (4)(b) are—

  • The General Council of the Bar of England and Wales;

  • The Law Society of England and Wales;

  • The Faculty of Advocates of Scotland;

  • The Law Society of Scotland;

  • The General Council of the Bar of Northern Ireland;

  • The Law Society of Northern Ireland.

46Procedure after rules made

(1)Supreme Court Rules made by the President of the Supreme Court must be submitted by him to the Lord Chancellor.

(2)Supreme Court Rules submitted to the Lord Chancellor—

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

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

(3)A statutory instrument containing Supreme Court Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

47Photography etc

(1)In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—

(a)the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;.

(2)In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—

(a)the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;.

Staff and resources

48Chief executive

(1)The Supreme Court is to have a chief executive.

(2)The Lord Chancellor must appoint the chief executive, after consulting the President of the Court.

(3)The President of the Court may delegate to the chief executive any of these functions—

(a)functions of the President under section 49(1);

(b)non-judicial functions of the Court.

(4)The chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the President of the Court.

49Officers and staff

(1)The President of the Supreme Court may appoint officers and staff of the Court.

(2)It is for the chief executive of the Supreme Court to determine these matters with the agreement of the Lord Chancellor—

(a)the number of officers and staff of the Court;

(b)subject to subsection (3), the terms on which officers and staff are to be appointed.

(3)The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the Court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the State.

(4)In subsection (3) “the civil service pension arrangements” means—

(a)the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11), and

(b)any other superannuation benefits for which provision is made under or by virtue of section 1 of that Act for or in respect of persons in employment in the civil service of the State.

50Accommodation and other resources

(1)The Lord Chancellor must ensure that the Supreme Court is provided with the following—

(a)such court-houses, offices and other accommodation as the Lord Chancellor thinks are appropriate for the Court to carry on its business;

(b)such other resources as the Lord Chancellor thinks are appropriate for the Court to carry on its business.

(2)The Lord Chancellor may discharge the duty under subsection (1) by—

(a)providing accommodation or other resources, or

(b)entering into arrangements with any other person for the provision of accommodation or other resources.

(3)The powers to acquire land for the public service conferred by—

(a)section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and

(b)section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),

are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b).

(4)The Scottish Ministers may make payments by way of contribution to the costs incurred by the Lord Chancellor in providing the Court with resources in accordance with subsection (1)(b).

(5)In this section “court-house” means any place where the Court sits, including the precincts of any building in which it sits.

51System to support Court in carrying on business

(1)The chief executive of the Supreme Court must ensure that the Court’s resources are used to provide an efficient and effective system to support the Court in carrying on its business.

(2)In particular—

(a)appropriate services must be provided for the Court;

(b)the accommodation provided under section 50 must be appropriately equipped, maintained and managed.

Fees

52Fees

(1)The Lord Chancellor may, with the agreement of the Treasury, by order prescribe fees payable in respect of anything dealt with by the Supreme Court.

(2)An order under this section may, in particular, contain provision about—

(a)scales or rates of fees;

(b)exemptions from fees;

(c)reductions in fees;

(d)whole or partial remission of fees.

(3)When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.

(4)Before making an order under this section, the Lord Chancellor must consult all of the following—

(a)the persons listed in subsection (5);

(b)the bodies listed in subsection (6).

(5)The persons referred to in subsection (4)(a) are—

(a)the President of the Supreme Court;

(b)the Lord Chief Justice of England and Wales;

(c)the Master of the Rolls;

(d)the Lord President of the Court of Session;

(e)the Lord Chief Justice of Northern Ireland;

(f)the Lord Justice Clerk;

(g)the President of the Queen’s Bench Division;

(h)the President of the Family Division;

(i)the Chancellor of the High Court.

(6)The bodies referred to in subsection (4)(b) are—

(a)the General Council of the Bar of England and Wales;

(b)the Law Society of England and Wales;

(c)the Faculty of Advocates of Scotland;

(d)the Law Society of Scotland;

(e)the General Council of the Bar of Northern Ireland;

(f)the Law Society of Northern Ireland.

53Fees: supplementary

(1)Supreme Court fees are recoverable summarily as a civil debt.

(2)The Lord Chancellor must take such steps as are reasonably practicable to bring information about Supreme Court fees to the attention of persons likely to have to pay them.

(3)In this section “Supreme Court fees” means fees prescribed in an order under section 52.

Annual report

54Annual report

(1)As soon as practicable after each financial year, the chief executive of the Supreme Court must prepare a report about the business of the Supreme Court during that year and give a copy of that report to the following persons—

(a)the Lord Chancellor;

(b)the First Minister in Scotland;

(c)the First Minister and the deputy First Minister in Northern Ireland;

(d)the Assembly First Secretary in Wales.

(2)The Lord Chancellor must lay a copy of any report of which a copy is given under subsection (1)(a) before each House of Parliament.

(3)Each of the following is a “financial year” for the purposes of this section—

(a)the period which begins with the date on which this section comes into force and ends with the following 31 March;

(b)each successive period of 12 months.

Supplementary

55Seal

(1)The Supreme Court is to have an official seal.

(2)Every document purporting to be sealed with the official seal of the Supreme Court is to be received in evidence in all parts of the United Kingdom without further proof.

56Records of the Supreme Court

(1)The Public Records Act 1958 (c. 51) is amended as follows.

(2)In section 8 (court records)—

(a)in subsection (1) after “such records” insert “other than records of the Supreme Court,”;

(b)after subsection (1) insert—

(1A)Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.

(3)In Schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert—

(za)records of the Supreme Court;.

57Proceedings under jurisdiction transferred to the Supreme Court

Schedule 10 contains transitional provision relating to proceedings under jurisdiction which is transferred to the Supreme Court by this Act from the House of Lords or the Judicial Committee of the Privy Council.

58Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme Court

(1)The Northern Ireland Act 1998 (c. 47) is amended as follows.

(2)In Schedule 2 (excepted matters), after paragraph 11 insert—

11AThe Supreme Court.

(3)In Schedule 3 (reserved matters), after paragraph 14 insert—

14AThe following matters—

(a)rights of appeal to the Supreme Court;

(b)legal aid for appeals to the Supreme Court.

59Renaming of Supreme Courts of England and Wales and Northern Ireland

(1)The Supreme Court of England and Wales is renamed the Senior Courts of England and Wales.

(2)The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.

(3)The Northern Ireland Supreme Court Rules Committee is renamed the Northern Ireland Court of Judicature Rules Committee.

(4)Any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the Senior Courts, the Court of Judicature or the Northern Ireland Court of Judicature Rules Committee (as the case may be).

(5)Schedule 11 (which makes amendments in connection with the renaming) has effect.

(6)Unless otherwise provided, amendments made by an enactment (A) (whether or not in force) to another enactment (B)—

(a)are not included in references in that Schedule to enactment A;

(b)are included in references in that Schedule to enactment B.

60Interpretation of Part 3

(1)In this Part—

  • “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • “the senior judges” means—

    (a)

    the judges of the Supreme Court;

    (b)

    the Lord Chief Justice of England and Wales;

    (c)

    the Master of the Rolls;

    (d)

    the Lord President of the Court of Session;

    (e)

    the Lord Chief Justice of Northern Ireland;

    (f)

    the Lord Justice Clerk;

    (g)

    the President of the Queen’s Bench Division;

    (h)

    the President of the Family Division;

    (i)

    the Chancellor of the High Court;

  • “the Supreme Court” means the Supreme Court of the United Kingdom.

(2)In this Part—

(a)“high judicial office” means office as a judge of any of the following courts—

(i)the Supreme Court;

(ii)the Court of Appeal in England and Wales;

(iii)the High Court in England and Wales;

(iv)the Court of Session;

(v)the Court of Appeal in Northern Ireland;

(vi)the High Court in Northern Ireland;

or as a Lord of Appeal in Ordinary;

(b)a person appointed to the office of Lord Chancellor on or after 12 June 2003 who holds, or held, office of a kind referred to in paragraph (a) (“the qualifying office”) is to be regarded as holding, or having held, high judicial office only if—

(i)he has ceased to be Lord Chancellor by virtue of that appointment, and

(ii)he holds, or held, the qualifying office otherwise than by virtue of that appointment as Lord Chancellor.

(3)In this Part—

(a)“ordinary judge” means a judge of the Supreme Court who is not the President or the Deputy President of the Court;

(b)the senior ordinary judge at any time is, of the ordinary judges at that time, the one who has served longest as a judge of the Court (whether over one or more periods and whether or not including one or more previous periods as President or Deputy President).

(4)Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of subsection (3)(b).

(5)In this Part references to the Lord Chancellor notifying a selection are to be read in accordance with section 29(6).

Part 4Judicial appointments and discipline

Chapter 1Commission and Ombudsman

61The Judicial Appointments Commission

(1)There is to be a body corporate called the Judicial Appointments Commission.

(2)Schedule 12 is about the Commission.

62Judicial Appointments and Conduct Ombudsman

(1)There is to be a Judicial Appointments and Conduct Ombudsman.

(2)Schedule 13 is about the Ombudsman.

Chapter 2Appointments

General provisions

63Merit and good character

(1)Subsections (2) and (3) apply to any selection under this Part by the Commission or a selection panel (“the selecting body”).

(2)Selection must be solely on merit.

(3)A person must not be selected unless the selecting body is satisfied that he is of good character.

64Encouragement of diversity

(1)The Commission, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection for appointments.

(2)This section is subject to section 63.

65Guidance about procedures

(1)The Lord Chancellor may issue guidance about procedures for the performance by the Commission or a selection panel of its functions of—

(a)identifying persons willing to be considered for selection under this Part, and

(b)assessing such persons for the purposes of selection.

(2)The guidance may, among other things, relate to consultation or other steps in determining such procedures.

(3)The purposes for which guidance may be issued under this section include the encouragement of diversity in the range of persons available for selection.

(4)The Commission and any selection panel must have regard to the guidance in matters to which it relates.

66Guidance: supplementary

(1)Before issuing any guidance the Lord Chancellor must—

(a)consult the Lord Chief Justice;

(b)after doing so, lay a draft of the proposed guidance before each House of Parliament.

(2)If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.

(3)In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.

(4)Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the Lord Chief Justice.

(5)Guidance comes into force on such date as the Lord Chancellor may appoint by order.

(6)The Lord Chancellor may—

(a)from time to time revise the whole or part of any guidance and re-issue it;

(b)after consulting the Lord Chief Justice, by order revoke any guidance.

(7)In this section—

  • “40-day period” in relation to the draft of any proposed guidance means—

    (a)

    if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and

    (b)

    in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

    no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;

  • “guidance” means guidance issued by the Lord Chancellor under section 65 and includes guidance which has been revised and re-issued.

Lord Chief Justice and Heads of Division

67Selection of Lord Chief Justice and Heads of Division

(1)Sections 68 to 75 apply to a recommendation for an appointment to one of the following offices—

(a)Lord Chief Justice;

(b)Master of the Rolls;

(c)President of the Queen’s Bench Division;

(d)President of the Family Division;

(e)Chancellor of the High Court.

(2)Any such recommendation must be made in accordance with those sections and section 96.

68Duty to fill vacancies

(1)The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Chief Justice.

(2)The Lord Chancellor must make a recommendation to fill any vacancy in any other office listed in section 67(1).

(3)Subsection (2) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

69Request for selection

(1)The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation to which this section applies.

(2)Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3)Subsection (2) does not apply where the office of Lord Chief Justice is vacant or where the Lord Chief Justice is incapacitated for the purposes of section 16 (functions during vacancy or incapacity).

(4)Sections 70 to 75 apply where the Lord Chancellor makes a request under this section.

(5)Those sections are subject to section 95 (withdrawal and modification of requests).

70Selection process

(1)On receiving a request the Commission must appoint a selection panel.

(2)The panel must—

(a)determine the selection process to be applied,

(b)apply the selection process, and

(c)make a selection accordingly.

(3)One person only must be selected for each recommendation to which a request relates.

(4)Subsection (3) applies to selection under this section and to selection under section 75.

(5)If practicable the panel must consult, about the exercise of its functions under this section, the current holder of the office for which a selection is to be made.

(6)A selection panel is a committee of the Commission.

71Selection panel

(1)The selection panel must consist of four members.

(2)The first member is the most senior England and Wales Supreme Court judge who is not disqualified, or his nominee.

(3)Unless subsection (7) applies, the second member is the Lord Chief Justice or his nominee.

(4)Unless subsection (9) applies, the third member is the chairman of the Commission or his nominee.

(5)The fourth member is a lay member of the Commission designated by the third member.

(6)Subsection (7) applies if—

(a)the Lord Chief Justice is disqualified, or

(b)there is no Lord Chief Justice.

(7)In those cases the most senior England and Wales Supreme Court judge who is not disqualified must designate a person (but not a person who is disqualified) as the second member.

(8)Subsection (9) applies if—

(a)there is no chairman of the Commission, or

(b)the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

(9)In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

(10)Only the following may be a nominee under subsection (2) or (3) or designated under subsection (7)—

(a)an England and Wales Supreme Court judge,

(b)a Head of Division, or

(c)a Lord Justice of Appeal.

(11)The following also apply to nominees under this section—

(a)a person may not be a nominee if he is disqualified;

(b)a person may not be appointed to the panel as the nominee of more than one person;

(c)a person appointed to the panel otherwise than as a nominee may not be a nominee.

(12)The first member is the chairman of the panel.

(13)On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

(14)A person is disqualified for the purposes of this section if—

(a)he is the current holder of the office for which a selection is to be made, or

(b)he is willing to be considered for selection.

(15)In this section “England and Wales Supreme Court judge” means a judge of the Supreme Court who has held high judicial office in England and Wales before appointment to the Court.

72Report

(1)After complying with section 70(2) the selection panel must submit a report to the Lord Chancellor.

(2)The report must—

(a)state who has been selected;

(b)contain any other information required by the Lord Chancellor.

(3)The report must be in a form approved by the Lord Chancellor.

(4)After submitting the report the panel must provide any further information the Lord Chancellor may require.

73The Lord Chancellor’s options

(1)This section refers to the following stages—

Stage 1:where a person has been selected under section 70
Stage 2:where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:where a person has been selected following a rejection or reconsideration at stage 2.

(2)At stage 1 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection;

(c)require the selection panel to reconsider the selection.

(3)At stage 2 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1;

(c)require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

(5)If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.

74Exercise of powers to reject or require reconsideration

(1)The power of the Lord Chancellor under section 73 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned.

(2)The power of the Lord Chancellor under section 73 to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—

(a)there is not enough evidence that the person is suitable for the office concerned, or

(b)there is evidence that the person is not the best candidate on merit.

(3)The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.

75Selection following rejection or requirement to reconsider

(1)If under section 73 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the selection panel—

(a)may not select the person rejected, and

(b)where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the selection panel—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.

(5)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 69.

Lords Justices of Appeal

76Selection of Lords Justices of Appeal

(1)Sections 77 to 84 apply to a recommendation for appointment as a Lord Justice of Appeal.

(2)Any such recommendation must be made in accordance with those sections and section 96.

77Duty to fill vacancies

(1)The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal.

(2)Subsection (1) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

78Request for selection

(1)The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation for appointment as a Lord Justice of Appeal.

(2)Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3)A request may relate to more than one recommendation.

(4)Sections 79 to 84 apply where the Lord Chancellor makes a request under this section.

(5)Those sections are subject to section 95 (withdrawal and modification of requests).

79Selection process

(1)On receiving a request the Commission must appoint a selection panel.

(2)The panel must—

(a)determine the selection process to be applied,

(b)apply the selection process, and

(c)make a selection accordingly.

(3)One person only must be selected for each recommendation to which a request relates.

(4)Subsection (3) applies to selection under this section and to selection under section 84.

(5)A selection panel is a committee of the Commission.

80Selection panel

(1)The selection panel must consist of four members.

(2)The first member is the Lord Chief Justice, or his nominee.

(3)The second member is a Head of Division or Lord Justice of Appeal designated by the Lord Chief Justice.

(4)Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.

(5)The fourth member is a lay member of the Commission designated by the third member.

(6)Subsection (7) applies if—

(a)there is no chairman of the Commission, or

(b)the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

(7)In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

(8)A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.

(9)A person may not be appointed to the panel if he is willing to be considered for selection.

(10)A person may not be appointed to the panel as the nominee of more than one person.

(11)A person appointed to the panel otherwise than as a nominee may not be a nominee.

(12)The first member is the chairman of the panel.

(13)On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

81Report

(1)After complying with section 79(2) the selection panel must submit a report to the Lord Chancellor.

(2)The report must—

(a)state who has been selected;

(b)contain any other information required by the Lord Chancellor.

(3)The report must be in a form approved by the Lord Chancellor.

(4)After submitting the report the panel must provide any further information the Lord Chancellor may require.

82The Lord Chancellor’s options

(1)This section refers to the following stages—

Stage 1:where a person has been selected under section 79
Stage 2:where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:where a person has been selected following a rejection or reconsideration at stage 2.

(2)At stage 1 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection;

(c)require the selection panel to reconsider the selection.

(3)At stage 2 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1;

(c)require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

(5)If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.

83Exercise of powers to reject or require reconsideration

(1)The power of the Lord Chancellor under section 82 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned.

(2)The power of the Lord Chancellor under section 82 to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—

(a)there is not enough evidence that the person is suitable for the office concerned, or

(b)there is evidence that the person is not the best candidate on merit.

(3)The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.

84Selection following rejection or requirement to reconsider

(1)If under section 82 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the selection panel—

(a)may not select the person rejected, and

(b)where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the selection panel—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.

(5)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 78.

Puisne judges and other office holders

85Selection of puisne judges and other office holders

(1)Sections 86 to 93 apply to—

(a)a recommendation for an appointment to the office of puisne judge of the High Court;

(b)a recommendation for an appointment to an office listed in Part 1 of Schedule 14 in exercise of Her Majesty’s function under the enactment listed opposite that office;

(c)an appointment to an office listed in Part 2 or 3 of that Schedule in exercise of the Lord Chancellor’s function under the enactment listed opposite that office.

(2)Any such recommendation or appointment must be made in accordance with those sections and section 96.

(3)The Lord Chancellor may by order make any of the following amendments to Schedule 14—

(a)an amendment which adds a reference to an enactment under which appointments are made to an office;

(b)an amendment which adds a reference to an office to which appointments are made under an enactment;

(c)an amendment consequential on the abolition or change of name of an office;

(d)an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office.

86Duty to fill vacancies

(1)The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14.

(2)The Lord Chancellor must make an appointment to fill any vacancy in an office listed in Part 2 or 3 of that Schedule.

(3)Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

87Request for selection

(1)The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies.

(2)Before making a request the Lord Chancellor must consult the Lord Chief Justice.

(3)A request may relate to more than one recommendation or appointment.

(4)Sections 88 to 93 apply where the Lord Chancellor makes a request under this section.

(5)Those sections are subject to section 95 (withdrawal and modification of requests).

88Selection process

(1)On receiving a request the Commission must—

(a)determine the selection process to be applied,

(b)apply the selection process, and

(c)make a selection accordingly.

(2)But if or so far as the Commission decides that the selection process has not identified candidates of sufficient merit for it to comply with subsection (1)(c), section 93 applies and subsection (1)(c) does not apply.

(3)As part of the selection process the Commission must consult—

(a)the Lord Chief Justice; and

(b)a person (other than the Lord Chief Justice) who has held the office for which a selection is to be made or has other relevant experience.

(4)One person only may be selected for each recommendation or appointment to which a request relates.

(5)Subsection (4) applies to selection under this section and to selection under section 92 or 93.

89Report

(1)After complying with section 88 the Commission must submit a report to the Lord Chancellor.

(2)The report must—

(a)describe the selection process;

(b)state any selection made;

(c)state any decision under section 88(2);

(d)state any recommendation made in consultation under section 88(3) by a person consulted;

(e)give reasons in any case where the Commission has not followed such a recommendation;

(f)contain any other information required by the Lord Chancellor.

(3)The report must be in a form approved by the Lord Chancellor.

(4)After submitting the report the Commission must provide any further information the Lord Chancellor may require.

90The Lord Chancellor’s options

(1)This section refers to the following stages—

Stage 1:where a person has been selected under section 88
Stage 2:where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:where a person has been selected following a rejection or reconsideration at stage 2.

(2)At stage 1 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection;

(c)require the Commission to reconsider the selection.

(3)At stage 2 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1;

(c)require the Commission to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

(5)If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.

(6)Before exercising his powers under this section at any stage in relation to a selection for an appointment or recommendation, the Lord Chancellor must—

(a)consult any person whom he is required by any enactment to consult before making the appointment or recommendation, and

(b)consult the Scottish Ministers if it appears to him to be an appointment, or a recommendation for the appointment, of a person to exercise functions wholly or mainly in Scotland.

91Exercise of powers to reject or require reconsideration

(1)The power of the Lord Chancellor under section 90 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned or particular functions of that office.

(2)The power of the Lord Chancellor under section 90 to require the Commission to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—

(a)there is not enough evidence that the person is suitable for the office concerned or particular functions of that office, or

(b)there is evidence that the person is not the best candidate on merit.

(3)The Lord Chancellor must give the Commission reasons in writing for rejecting or requiring reconsideration of a selection.

92Selection following rejection or requirement to reconsider

(1)If under section 90 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the Commission must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the Commission—

(a)may not select the person rejected, and

(b)where the rejection is following a requirement to reconsider, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the Commission—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)But if the Commission decides that the selection process has not identified a candidate of sufficient merit for it to make a selection under this section—

(a)section 93 applies;

(b)subsection (1) does not apply, but subsections (2) and (3) apply to any selection under section 93.

(5)The Commission must inform the Lord Chancellor of any person selected following a rejection or a requirement to reconsider.

(6)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 87.

93Reconsideration of decision not to select

(1)The Lord Chancellor may require the Commission to reconsider a decision that the selection process has not identified candidates of sufficient merit for it to make a selection.

(2)The Commission must inform the Lord Chancellor of any person selected on reconsideration under this section.

(3)Sections 90 to 92 apply to such a person as if the Commission had selected him instead of making the decision reconsidered.

94Duty to identify persons for future requests

(1)If the Lord Chancellor gives the Commission notice of a request he expects to make under section 87 the Commission must—

(a)seek to identify persons it considers would be suitable for selection on the request, and

(b)submit a report to the Lord Chancellor containing any information it considers appropriate about—

(i)the extent to which it has identified suitable persons, and

(ii)other matters likely to assist the Lord Chancellor in exercising his functions relating to appointments and recommendations.

(2)For the purposes of subsection (1)(a) and (b)(ii), the Commission must in particular have regard to—

(a)the number of recommendations and appointments the Lord Chancellor expects to request selections for;

(b)the powers of the Lord Chancellor to reject or require reconsideration of a selection.

(3)As part of the process of identifying persons under subsection (1)(a), the Commission must consult—

(a)the Lord Chief Justice, and

(b)a person or persons, other than the Lord Chief Justice, with experience in the office or offices to which requests specified in the notice relate, or with other relevant experience.

(4)A report under subsection (1)(b) must—

(a)state any recommendation made in consultation under subsection (3) by a person consulted;

(b)give reasons in any case where the Commission has not followed such a recommendation.

(5)Where the Lord Chancellor makes a request for the purposes of which the Commission has identified persons under subsection (1)(a), the Commission must, in determining the selection process to be applied, consider whether selection should be from among those persons.

Supplementary provisions about selection

95Withdrawal and modification of requests

(1)This section applies to a request under section 69, 78 or 87.

(2)The Lord Chancellor may withdraw or modify a request only as follows—

(a)so far as a request relates to any recommendation or appointment to fill a vacancy, he may withdraw or modify it with the agreement of the Lord Chief Justice;

(b)so far as a request relates to any recommendation or appointment otherwise than to fill a vacancy, he may withdraw or modify it after consulting the Lord Chief Justice;

(c)he may withdraw a request as respects all recommendations or appointments to which it relates if, after consulting the Lord Chief Justice, he considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

(3)If a request is withdrawn in part or modified, the Commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted.

(4)The Lord Chancellor may not withdraw a request under subsection (2)(c) if he has exercised any of his powers under section 73(2), 82(2) or 90(2) in relation to a selection made pursuant to the request.

(5)Any withdrawal or modification of a request must be by notice in writing to the Commission.

(6)The notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c).

(7)In the case of a withdrawal under subsection (2)(c), the notice must state why the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

(8)If or to the extent that a request is withdrawn—

(a)the preceding provisions of this Part cease to apply in relation to it, and

(b)any selection made on it is to be disregarded.

(9)Withdrawal of a request to any extent does not affect the power of the Lord Chancellor to make another request in the same or different terms.

96Effect of acceptance of selection

(1)This section applies where the Lord Chancellor accepts a selection under this Chapter.

(2)Subject to the following provisions of this section, the Lord Chancellor—

(a)must make the appointment, or recommendation, for which the selection has been made, and

(b)must appoint, or recommend, the person selected.

(3)Before making the appointment or recommendation the Lord Chancellor may direct the Commission to make arrangements in accordance with the direction—

(a)for any assessment of the health of the person selected that the Lord Chancellor considers appropriate, and

(b)for a report of the assessment to be made to the Lord Chancellor.

(4)Subsection (5) applies in any of the following circumstances—

(a)the Lord Chancellor notifies the Commission that he is not satisfied on the basis of a report under subsection (3)(b), having consulted the Lord Chief Justice, that the health of the person selected is satisfactory for the purposes of the appointment or recommendation;

(b)the person selected declines to be appointed or recommended, or does not agree within a time specified to him for that purpose;

(c)the person selected is otherwise not available within a reasonable time to be appointed or recommended.

(5)Where this subsection applies—

(a)the selection accepted and any previous selection for the same appointment or recommendation are to be disregarded;

(b)the request pursuant to which the selection was made continues to have effect;

(c)any subsequent selection pursuant to that request may be made in accordance with the same or a different selection process.

97Scotland and Northern Ireland

(1)This section applies to consultation that a person is required to undertake under any of these provisions—

(a)section 87(2);

(b)section 88(3);

(c)section 94(3);

(d)section 95(2)(a), (b) or (c),

(e)section 96(4)(a).

(2)If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.

(3)If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland.

Assistance in connection with other appointments

98Assistance in connection with other appointments

(1)The Commission must provide any assistance requested by the Lord Chancellor under this section.

(2)The Lord Chancellor may request assistance for the making by him or by another Minister of the Crown of an appointment or recommendation for appointment, other than one to which section 26 or a provision of this Part applies.

(3)The Lord Chancellor may only request assistance under this section if it appears to him appropriate because of the Commission’s other functions under this Part and the nature of the appointment concerned.

(4)Without limiting the assistance that may be requested, it may include—

(a)determining a selection process;

(b)applying a selection process;

(c)selecting a person;

(d)selecting a short list;

(e)advice on any of those matters.

(5)Before making a request the Lord Chancellor must consult—

(a)the Lord Chief Justice, and

(b)the Commission.

(6)In this section “appointment” includes the conferring of any public function.

(7)In this Part references to selection under this Part include references to selection by the Commission pursuant to a request under this section (and references to a person selected under this Part are to be read accordingly).

Complaints and references

99Complaints: interpretation

(1)This section applies for the purposes of this Part.

(2)A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

(3)A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or his department in connection with any of the following—

(a)selection under this Part;

(b)recommendation for or appointment to an office listed in Schedule 14.

(4)A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.

100Complaints to the Commission or the Lord Chancellor

(1)The Commission must make arrangements for investigating any Commission complaint made to it.

(2)The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

(3)Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

101Complaints to the Ombudsman

(1)Subsections (2) and (3) apply to a complaint which the complainant—

(a)has made to the Commission or the Lord Chancellor in accordance with arrangements under section 100, and

(b)makes to the Ombudsman not more than 28 days after being notified of the Commission’s or Lord Chancellor’s decision on the complaint.

(2)If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

(3)Otherwise he must investigate the complaint.

(4)The Ombudsman may investigate a complaint which the complainant—

(a)has made to the Commission or the Lord Chancellor in accordance with arrangements under section 100, and

(b)makes to the Ombudsman at any time.

(5)The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

(6)The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty’s Commissioners for Judicial Appointments.

(7)A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of appointment procedures before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

(8)Any complaint to the Ombudsman under this section must be in a form approved by him.

102Report and recommendations

(1)The Ombudsman must prepare a report on any complaint he has investigated under section 101.

(2)The report must state—

(a)what findings the Ombudsman has made;

(b)whether he considers the complaint should be upheld in whole or part;

(c)if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

(3)The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

(4)Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

103Report procedure

(1)This section applies to a report under section 102.

(2)The Ombudsman must submit a draft of the report—

(a)to the Lord Chancellor, and

(b)if the complaint was a Commission complaint, to the Commission.

(3)In finalising the report the Ombudsman—

(a)must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report;

(b)must include in the report a statement of any such proposal not given effect to.

(4)The report must be signed by the Ombudsman.

(5)If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.

(6)Otherwise the Ombudsman must send the report to the Lord Chancellor.

(7)The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

(a)which relates to an identified or identifiable individual other than the complainant, and

(b)whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 139.

104References by the Lord Chancellor

(1)If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.

(2)The matter may relate to such procedures generally or in a particular case.

(3)The Ombudsman must report to the Lord Chancellor on any investigation under this section.

(4)The report must state—

(a)what findings the Ombudsman has made;

(b)what if any action he recommends should be taken by any person in relation to the matter.

(5)The report must be signed by the Ombudsman.

105Information

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of any investigation by him under section 101 or 104.

Miscellaneous

106Consultation on appointment of lay justices

In section 10 of the Courts Act 2003 (c. 39) (appointment of lay justices etc.) after subsection (2) insert—

(2A)The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsections (1) and (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.

107Disclosure of information to the Commission

(1)Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under this Part.

(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises the making of a disclosure—

(a)which contravenes the Data Protection Act 1998 (c. 29), or

(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4)This section does not affect a power to disclose which exists apart from this section.

(5)The following are permitted persons—

(a)a chief officer of police of a police force in England and Wales;

(b)a chief constable of a police force in Scotland;

(c)the Chief Constable of the Police Service of Northern Ireland;

(d)the Director General of the National Criminal Intelligence Service;

(e)the Director General of the National Crime Squad;

(f)the Commissioners of Inland Revenue;

(g)the Commissioners of Customs and Excise.

(6)The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(7)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

(8)The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

(b)in the case of the Commissioners of Customs and Excise, to a customs officer.

(9)For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

Chapter 3Discipline

Disciplinary powers

108Disciplinary powers

(1)Any power of the Lord Chancellor to remove a person from an office listed in Schedule 14 is exercisable only after the Lord Chancellor has complied with prescribed procedures (as well as any other requirements to which the power is subject).

(2)The Lord Chief Justice may exercise any of the following powers but only with the agreement of the Lord Chancellor and only after complying with prescribed procedures.

(3)The Lord Chief Justice may give a judicial office holder formal advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular office holder).

(4)He may suspend a person from a judicial office for any period during which any of the following applies—

(a)the person is subject to criminal proceedings;

(b)the person is serving a sentence imposed in criminal proceedings;

(c)the person has been convicted of an offence and is subject to prescribed procedures in relation to the conduct constituting the offence.

(5)He may suspend a person from a judicial office for any period if—

(a)the person has been convicted of a criminal offence,

(b)it has been determined under prescribed procedures that the person should not be removed from office, and

(c)it appears to the Lord Chief Justice with the agreement of the Lord Chancellor that the suspension is necessary for maintaining confidence in the judiciary.

(6)He may suspend a person from office as a senior judge for any period during which the person is subject to proceedings for an Address.

(7)He may suspend the holder of an office listed in Schedule 14 for any period during which the person—

(a)is under investigation for an offence, or

(b)is subject to prescribed procedures.

(8)While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).

109Disciplinary powers: interpretation

(1)This section has effect for the purposes of section 108.

(2)A person is subject to criminal proceedings if in any part of the United Kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed.

(3)A person is subject to proceedings for an Address from the time when notice of a motion is given in each House of Parliament for an Address for the removal of the person from office, until the earliest of the following events—

(a)either notice is withdrawn;

(b)either motion is amended so that it is no longer a motion for an address for removal of the person from office;

(c)either motion is withdrawn, lapses or is disagreed to;

(d)where an Address is presented by each House, a message is brought to each House from Her Majesty in answer to the Address.

(4)“Judicial office” means—

(a)office as a senior judge, or

(b)an office listed in Schedule 14;

and “judicial office holder” means the holder of a judicial office.

(5)“Senior judge” means any of these—

(a)Master of the Rolls;

(b)President of the Queen’s Bench Division;

(c)President of the Family Division;

(d)Chancellor of the High Court;

(e)Lord Justice of Appeal;

(f)puisne judge of the High Court.

(6)“Sentence” includes any sentence other than a fine (and “serving” is to be read accordingly).

(7)The times when a person becomes and ceases to be subject to prescribed procedures for the purposes of section 108(4) or (7) are such as may be prescribed.

(8)“Under investigation for an offence” has such meaning as may be prescribed.

Applications for review and references

110Applications to the Ombudsman

(1)This section applies if an interested party makes an application to the Ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been—

(a)a failure to comply with prescribed procedures, or

(b)some other maladministration.

(2)The Ombudsman must carry out a review if the following three conditions are met.

(3)The first condition is that the Ombudsman considers that a review is necessary.

(4)The second condition is that—

(a)the application is made within the permitted period,

(b)the application is made within such longer period as the Ombudsman considers appropriate in the circumstances, or

(c)the application is made on grounds alleging undue delay and the Ombudsman considers that the application has been made within a reasonable time.

(5)The third condition is that the application is made in a form approved by the Ombudsman.

(6)But the Ombudsman may not review the merits of a decision made by any person.

(7)If any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the Ombudsman—

(a)may not carry out a review, and

(b)must inform the applicant accordingly.

(8)In this section and sections 111 to 113, “regulated disciplinary function” means any of the following—

(a)any function of the Lord Chancellor that falls within section 108(1);

(b)any function conferred on the Lord Chief Justice by section 108(3) to (7);

(c)any function exercised under prescribed procedures in connection with a function falling within paragraph (a) or (b).

(9)In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function—

  • “interested party” means—

    (a)

    the judicial office holder in relation to whose conduct the function is exercised, or

    (b)

    any person who has made a complaint about that conduct in accordance with prescribed procedures;

  • “permitted period” means the period of 28 days beginning with the latest of—

    (a)

    the failure or other maladministration alleged by the applicant;

    (b)

    where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation;

    (c)

    where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination.

(10)References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.

111Review by the Ombudsman

(1)Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—

(a)on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;

(b)decide what if any action to take under subsections (2) to (7).

(2)If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.

(3)A recommendation under subsection (2) may be for the payment of compensation.

(4)Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.

(5)If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.

(6)If a determination is set aside under subsection (5)—

(a)the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and

(b)for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.

(7)Subsection (6) is subject to any direction given by the Ombudsman under this subsection—

(a)for a previous investigation or review to be taken into account to any extent, or

(b)for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.

(8)This section is subject to section 112.

112Reports on reviews

(1)In this section references to the Ombudsman’s response to an application are references to the findings and decisions referred to in section 111(1).

(2)Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.

(3)The draft report must state the Ombudsman’s proposed response.

(4)The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

(5)If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman’s response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

(6)The Ombudsman must produce a final report that sets out—

(a)the Ombudsman’s response to the application, including any changes made to it to give effect to a proposal under subsection (5);

(b)a statement of any proposal under subsection (5) that is not given effect to.

(7)The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

(8)The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—

(a)which relates to an identified or identifiable individual other than the applicant, and

(b)whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 139.

(9)Each copy must be signed by the Ombudsman.

(10)No part of the Ombudsman’s response to an application has effect until he has complied with subsections (2) to (9).

113References to the Ombudsman relating to conduct

(1)The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.

(2)A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.

114Reports on references

(1)Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.

(2)If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.

(3)The draft report must state the Ombudsman’s proposals as to—

(a)the findings he will make;

(b)any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.

(4)Those findings and recommendations are referred to in this section as the Ombudsman’s response on the investigation.

(5)The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

(6)If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman’s response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

(7)The Ombudsman must produce a final report that sets out—

(a)the Ombudsman’s response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);

(b)a statement of any proposal under subsection (6) that is not given effect to.

(8)The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

(9)Each copy must be signed by the Ombudsman.

General

115Regulations about procedures

The Lord Chief Justice may, with the agreement of the Lord Chancellor, make regulations providing for the procedures that are to be followed in—

(a)the investigation and determination of allegations by any person of misconduct by judicial office holders;

(b)reviews and investigations (including the making of applications or references) under sections 110 to 112.

116Contents of regulations

(1)Regulations under section 115(a) may include provision as to any of the following—

(a)circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise);

(b)steps to be taken by a complainant before a complaint is to be investigated;

(c)the conduct of an investigation, including steps to be taken by the office holder under investigation or by a complainant or other person;

(d)time limits for taking any step and procedures for extending time limits;

(e)persons by whom an investigation or part of an investigation is to be conducted;

(f)matters to be determined by the Lord Chief Justice, the Lord Chancellor, the office holder under investigation or any other person;

(g)requirements as to records of investigations;

(h)requirements as to confidentiality of communications or proceedings;

(i)requirements as to the publication of information or its provision to any person.

(2)The regulations—

(a)may require a decision as to the exercise of functions under section 108, or functions mentioned in subsection (1) of that section, to be taken in accordance with findings made pursuant to prescribed procedures;

(b)may require that prescribed steps be taken by the Lord Chief Justice or the Lord Chancellor in exercising those functions or before exercising them.

(3)Where regulations under section 115(a) impose any requirement on the office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint)—

(a)as may be prescribed by the regulations, or

(b)as may be determined by the Lord Chief Justice and the Lord Chancellor or either of them in accordance with provisions so prescribed.

(4)Regulations under section 115 may—

(a)provide for any prescribed requirement not to apply if the Lord Chief Justice and the Lord Chancellor so agree;

(b)make different provision for different purposes.

(5)Nothing in this section limits the generality of section 115.

117Procedural rules

(1)Regulations under section 115 may provide for provision of a prescribed description that may be included in the regulations to be made instead by rules made by the Lord Chief Justice with the agreement of the Lord Chancellor.

(2)But the provision that may be made by rules does not include—

(a)provision within section 116(2);

(b)provision made for the purposes of section 108(7) or (8) or 116(3).

(3)The rules are to be published in such manner as the Lord Chief Justice may determine with the agreement of the Lord Chancellor.

118Extension of discipline provisions to other offices

(1)This Chapter applies in relation to an office designated by the Lord Chancellor under this section as it would apply if the office were listed in Schedule 14.

(2)The Lord Chancellor may by order designate any office, not listed in Schedule 14, the holder of which he has power to remove from office.

(3)An order under this section may be made only with the agreement of the Lord Chief Justice.

119Delegation of functions

(1)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4)) to exercise any of his functions under the relevant sections.

(2)The relevant sections are—

(a)section 108(3) to (7);

(b)section 111(2);

(c)section 112;

(d)section 116(3)(b).

Scotland and Northern Ireland

120Scotland

(1)In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Scotland, references to the Lord Chief Justice are to be read as references to the Lord President of the Court of Session.

(2)Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Scotland unless they are made with the agreement of the Lord President of the Court of Session.

(3)In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord President of the Court of Session.

(4)In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord President of the Court of Session.

(5)The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Scotland—

(a)as if in section 110(8)(b) the reference to the Lord Chief Justice were a reference to the Lord President of the Court of Session, and

(b)with any other modifications specified in the regulations.

(6)Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord President of the Court of Session.

(7)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under the relevant sections.

(8)The relevant sections are—

(a)section 108(3) to (7);

(b)section 111(2);

(c)section 112;

(d)section 116(3)(b).

121Northern Ireland

(1)In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to be read as references to the Lord Chief Justice of Northern Ireland.

(2)Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, unless they are made with the agreement of the Lord Chief Justice of Northern Ireland.

(3)In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord Chief Justice of Northern Ireland.

(4)In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Northern Ireland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord Chief Justice of Northern Ireland.

(5)The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Northern Ireland—

(a)as if in section 110(8)(b) the reference to the Lord Chief Justice were a reference to the Lord Chief Justice of Northern Ireland, and

(b)with any other modifications specified in the regulations.

(6)Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord Chief Justice of Northern Ireland.

(7)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the relevant sections—

(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).

(8)The relevant sections are—

(a)section 108(3) to (7);

(b)section 111(2);

(c)section 112;

(d)section 116(3)(b).

Chapter 4Interpretation of Part 4

122Interpretation of Part 4

In this Part—

  • “appoint” includes nominate or designate (and “appointment” is to be read accordingly);

  • the “Commission” means the Judicial Appointments Commission;

  • “Head of Division” means any of these—

    (a)

    the Master of the Rolls;

    (b)

    the President of the Queen’s Bench Division;

    (c)

    the President of the Family Division;

    (d)

    the Chancellor of the High Court;

  • “High Court” means the High Court in England and Wales;

  • “high judicial office” has the meaning given by section 60;

  • “lay member” of the Commission has the meaning given by paragraph 4 of Schedule 12;

  • “Lord Chief Justice”, unless otherwise stated, means the Lord Chief Justice of England and Wales;

  • “Lord Justice of Appeal” means a Lord Justice of Appeal in England and Wales;

  • “office” includes a position of any description;

  • the “Ombudsman” means the Judicial Appointments and Conduct Ombudsman;

  • “prescribed” means prescribed by regulations under section 115 or, subject to section 117(2), by rules under section 117;

  • “vacancy” in relation to an office to which one of sections 68, 77 and 86 applies, means a vacancy arising on a holder of the office vacating it at any time after the commencement of that section.

Part 5Judicial Appointments and Removals: Northern Ireland

Chapter 1Appointments

Disclosure of information to Commission

123Disclosure of information to the Northern Ireland Judicial Appointments Commission

(1)The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as follows.

(2)After section 5 of the 2002 Act insert—

5ADisclosure of information to the Commission

(1)Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under section 5.

(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises the making of a disclosure—

(a)which contravenes the Data Protection Act 1998, or

(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(4)This section does not affect a power to disclose which exists apart from this section.

(5)The following are permitted persons—

(a)a chief officer of police of a police force in England and Wales;

(b)a chief constable of a police force in Scotland;

(c)the Chief Constable of the Police Service of Northern Ireland;

(d)the Director General of the National Criminal Intelligence Service;

(e)the Director General of the National Crime Squad;

(f)the Commissioners of Inland Revenue;

(g)the Commissioners of Customs and Excise.

(6)The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(7)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

(8)The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

(b)in the case of the Commissioners of Customs and Excise, to a customs officer.

(9)For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.

Ombudsman

124Northern Ireland Judicial Appointments Ombudsman

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

(2)After that section insert—

The Ombudsman
9AJudicial Appointments Ombudsman

(1)There is to be a Northern Ireland Judicial Appointments Ombudsman.

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

(3)Schedule 3A makes further provision about the Ombudsman.

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

Complaints and references

125Complaints: interpretation

After section 9A of the 2002 Act insert—

9BComplaints: interpretation

(1)This section applies for the purposes of this Part.

(2)A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

(3)A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or the Northern Ireland Court Service in connection with any of the following—

(a)recommendation for or appointment to a listed judicial office;

(b)appointment under section 2 of the Taxes Management Act 1970 as a Commissioner for the general purposes of the income tax for Northern Ireland.

(4)A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.

126Complaints to the Commission or the Lord Chancellor

After section 9B of the 2002 Act insert—

9CComplaints to the Commission or the Lord Chancellor

(1)The Commission must make arrangements for investigating any Commission complaint made to it.

(2)The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

(3)Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

127Complaints to the Ombudsman

After section 9C of the 2002 Act insert—

9DComplaints to the Ombudsman

(1)Subsections (2) and (3) apply to a complaint which the complainant—

(a)has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and

(b)makes to the Ombudsman not more than 28 days after being notified of the Commission’s or Lord Chancellor’s decision on the complaint.

(2)If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

(3)Otherwise he must investigate the complaint.

(4)The Ombudsman may investigate a complaint which the complainant—

(a)has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and

(b)makes to the Ombudsman at any time.

(5)The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

(6)The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty’s Commissioners for Judicial Appointments.

(7)A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

(8)Any complaint to the Ombudsman under this section must be in a form approved by him.

128Report and recommendations

After section 9D of the 2002 Act insert—

9EReport and recommendations

(1)The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

(2)The report must state—

(a)what findings the Ombudsman has made;

(b)whether he considers the complaint should be upheld in whole or part;

(c)if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

(3)The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

(4)Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

129Report procedure

After section 9E of the 2002 Act insert—

9FReport procedure

(1)This section applies to a report under section 9E.

(2)The Ombudsman must submit a draft of the report—

(a)to the Lord Chancellor, and

(b)if the complaint was a Commission complaint, to the Commission.

(3)In finalising the report the Ombudsman—

(a)must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report;

(b)must include in the report a statement of any such proposal not given effect to.

(4)The report must be signed by the Ombudsman.

(5)If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.

(6)Otherwise the Ombudsman must send the report to the Lord Chancellor.

(7)The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

(a)which relates to an identified or identifiable individual other than the complainant, and

(b)whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.

130References by the Lord Chancellor

After section 9F of the 2002 Act insert—

9GReferences by the Lord Chancellor

(1)If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.

(2)The matter may relate to such procedures generally or in a particular case.

(3)The Ombudsman must report to the Lord Chancellor on any investigation under this section.

(4)The report must state—

(a)what findings the Ombudsman has made;

(b)what if any action he recommends should be taken by any person in relation to the matter.

(5)The report must be signed by the Ombudsman.

131Information

After section 9G of the 2002 Act insert—

9HInformation

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

132Confidentiality in relation to judicial appointments and discipline

After section 9H of the 2002 Act insert—

9IConfidentiality in relation to judicial appointments and discipline

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

(2)These are the relevant provisions—

(a)section 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);

(b)sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);

(c)sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);

(d)section 16 of this Act (complaints about judicial officers);

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

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

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

(b)the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;

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

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

(a)is information that relates to both;

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

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

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

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

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

Transfer of functions of justices of the peace

Chapter 2Removals

133Removal from most senior judicial offices

In the Judicature (Northern Ireland) Act 1978 (c. 23) before section 13 insert—

12BTenure of office

(1)The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).

(2)Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.

(3)A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—

(a)to the House of Commons only by the Prime Minister; and

(b)to the House of Lords only by the Lord Chancellor or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request.

(4)No motion for the presentation of such an address may be made unless a tribunal convened under section 135 of the Constitutional Reform Act 2005 has reported to the Lord Chancellor recommending that the person be removed from the office on the ground of misbehaviour.

(5)The Prime Minister shall lay a copy of the report before the House of Commons before making a motion for the presentation of an address in that House; and a person making such a motion in the House of Lords shall lay a copy of the report before that House before making the motion.

(6)If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.

(7)If a person is suspended from an office under subsection (6), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).

134Removal from listed judicial offices

(1)A person holding a listed judicial office other than as a judge of the High Court may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

(2)The power to remove or suspend him is exercisable by the Lord Chancellor.

(3)He may only be removed if a tribunal convened under section 135 has reported to the Lord Chancellor recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

(4)He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Lord Chancellor that he be suspended.

(5)He may not be removed or suspended except after consultation with the Lord Chief Justice.

(6)If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

135Tribunals for considering removal

(1)A tribunal to consider the removal of the Lord Chief Justice may be convened by the Lord Chancellor.

(2)A tribunal to consider the removal of the holder of any other protected judicial office may be convened—

(a)by the Lord Chancellor, after consulting the Lord Chief Justice, or

(b)by the Lord Chief Justice, after consulting the Lord Chancellor.

(3)A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.

(4)A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—

(a)a person who holds high judicial office within the meaning of Part 3 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,

(b)a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and

(c)a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.

(5)A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—

(a)a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,

(b)a person who holds the office of judge of the High Court, and

(c)a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.

(6)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4)or (5).

(7)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor, after consultation with—

(a)the Lord Chief Justice (unless the tribunal is to consider his removal from office),

(b)the President of the Supreme Court of the United Kingdom,

(c)the Lord Chief Justice of England and Wales, and

(d)the Lord President of the Court of Session.

(8)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.

(9)The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the Lord Chancellor.

(10)The procedure of a tribunal is to be determined by the Lord Chief Justice except where—

(a)the office of Lord Chief Justice is vacant,

(b)he is not available, or

(c)the tribunal is to consider his removal from office;

and in such a case its procedure is to be determined by its chairman.

(11)The Lord Chancellor may pay to a member of a tribunal any such allowances or fees as he may determine.

136Interpretation of Part 5

In this Part—

  • “listed judicial office” means an office listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

  • “Lord Chief Justice”, unless otherwise stated, means the Lord Chief Justice of Northern Ireland;

  • “Lord Justice of Appeal” means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23);

  • “protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.

Part 6Other provisions relating to the judiciary

137Parliamentary disqualification

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

Judge of the Supreme Court.

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

Judge of the Supreme Court.

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

(a)the House of Lords,

(b)a committee of that House, or

(c)a joint committee of both Houses.

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

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

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

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

138Judicial Committee of the Privy Council

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

Part 7General

139Confidentiality

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

(2)These are the relevant provisions—

(a)sections 26 to 31;

(b)Part 4;

(c)regulations and rules under Part 4.

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

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

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

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

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

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

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

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

(a)is information that relates to both;

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

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

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

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

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

140“Enactment”

(1)In this Act “enactment” includes—

(a)an enactment contained in this Act;

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

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

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

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

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

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

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

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

(a)an enactment contained in Northern Ireland legislation;

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

141“Subordinate legislation”

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

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

142General interpretation

In this Act—

  • “functions” includes powers and duties;

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

143Supplementary provision etc

(1)The Lord Chancellor may by order make—

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

(b)any transitory, transitional or saving provision,

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

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

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

(b)amend or repeal any of the following—

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

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

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

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

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

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

144Orders and regulations

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

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

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

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

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

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

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

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

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

(e)an order under paragraph 5 of Schedule 12.

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

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

145Minor and consequential amendments

Schedule 17 (minor and consequential amendments) has effect.

146Repeals and revocations

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

147Extent

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

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

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

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

148Commencement

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

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

(a)section 4;

(b)sections 18 to 22;

(c)sections 140 to 144;

(d)section 147;

(e)this section;

(f)section 149;

(g)Schedules 6 and 7.

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

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

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

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

149Short title

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

SCHEDULES

Section 12

SCHEDULE 1Powers to make rules

Part 1The process

Interpretation

1In this Part “designated rules” means rules under another Act which are, by virtue of provision in that Act, to be made in accordance with this Part.

The process

2(1)It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules.

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

(a)to make designated rules generally, or

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

(3)In this Part—

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

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

3(1)The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor.

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

4(1)Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor—

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

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

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

5(1)This paragraph applies if the Lord Chancellor gives the Lord Chief Justice, or his nominee, written notice that he thinks it is expedient for designated rules to include provision that would achieve a purpose specified in the notice.

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

(3)Those rules must be—

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

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

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

Trustee Act 1925 (c. 19)

6In section 54 of the Trustee Act 1925 (jurisdiction in regard to mental patients), for the paragraph after subsection (2)(d) substitute—

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

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

7In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (6A)(a) for “by the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

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

8(1)Section 5 of the Reserve and Auxiliary Forces (Protection of Civilian Interests) Act 1951 (appropriate courts and procedure) is amended as follows.

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

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

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

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

9(1)Section 49 of the Courts-Martial (Appeals) Act 1968 (rules of court) is amended as follows.

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

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

(4)Omit subsections (3) and (4).

Adoption Act 1976 (c. 36)

10In section 66 of the Adoption Act 1976 (rules of procedure), in subsection (1) for “by the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

Supreme Court Act 1981 (c. 54)

11The Supreme Court Act 1981 is amended as follows.

12(1)Section 127 (probate rules) is amended as follows.

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

(3)Omit subsection (3).

13(1)Section 136 (production of documents filed in, or in custody of, Supreme Court) is amended as follows.

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

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

(4)Omit subsection (3).

Mental Health Act 1983 (c. 20)

14The Mental Health Act 1983 is amended as follows.

15In section 108 (general provisions as to rules under Part 7), after subsection (1) (as substituted by paragraph 129(2) of Schedule 4) insert—

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

16In section 143 (general provisions as to regulations, orders and rules), after subsection (3) insert—

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

County Courts Act 1984 (c. 28)

17(1)Section 38 of the County Courts Act (remedies available in county courts) is amended as follows.

(2)Omit subsection (4)(c).

(3)After subsection (4) insert—

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

Matrimonial and Family Proceedings Act 1984 (c. 42)

18In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), in the second paragraph of subsection (2)—

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

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

Coroners Act 1988 (c. 13)

19The Coroners Act 1988 is amended as follows.

20In section 11 (proceedings at inquest), for subsection (5)(c) substitute—

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

21(1)Section 32 (power to make rules) is amended as follows.

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

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

(4)Omit subsection (4).

Family Law Act 1996 (c. 27)

22The Family Law Act 1996 is amended as follows.

23(1)For the title to section 12 substitute “Rules about procedure”.

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

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

24In section 65 (rules, regulations and orders), in subsection (5) after “does not apply” insert “to rules made under section 12 or”.

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

Adoption and Children Act 2002 (c. 38)

26(1)The Adoption and Children Act 2002 is amended as follows.

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

27In section 141 (rules of procedure), in subsection (1) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.

28In section 142 (supplementary and consequential provision), in subsection (4) for “this Act or” substitute “this Act, any power to make rules under section 141 or any power”.

Courts Act 2003 (c. 39)

29In section 76 of the Courts Act 2003 (further provision about scope of Family Procedure Rules) omit “by the President of the Family Division, with the concurrence of the Lord Chancellor,”.

Section 13

SCHEDULE 2Powers to give directions

Part 1The process

Interpretation

1In this Part “designated directions” means directions under another Act which are, by virtue of provision in that Act, to be made or given in accordance with this Part.

The process

2(1)It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make or give designated directions.

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

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

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

(3)In this Part—

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

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

3(1)The Lord Chief Justice, or his nominee, may make or give designated directions only with the agreement of the Lord Chancellor.

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

(a)the application or interpretation of the law;

(b)the making of judicial decisions.

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

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

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

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

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

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

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

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

Supreme Court Act 1981 (c. 54)

5In section 124 of the Supreme Court Act 1981 (place for deposit of original wills and other documents), for “as the Lord Chancellor may direct” substitute “as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.

Civil Procedure Act 1997 (c. 12)

6For section 5 of the Civil Procedure Act 1997 substitute—

5Practice directions

(1)Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

(2)Practice directions given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.

(3)Practice directions (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules.

(4)The power to give practice directions under subsection (1) includes power—

(a)to vary or revoke directions given by any person;

(b)to give directions containing different provision for different cases (including different areas);

(c)to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

(5)Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of judicial decisions.

(6)Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a)after consulting the Lord Chancellor, and

(b)with the approval of the Lord Chief Justice.

Courts Act 2003 (c. 39)

7The Courts Act 2003 is amended as follows.

8(1)Section 74 (practice directions as to practice and procedure of criminal courts) is amended as follows.

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

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

given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.

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

(5)For subsection (4) substitute—

(4)Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of judicial decisions.

(5)Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a)after consulting the Lord Chancellor, and

(b)with the approval of the Lord Chief Justice.

9(1)Section 81 (practice directions relating to family proceedings) is amended as follows.

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

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

given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.

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

(5)After subsection (3) insert—

(4)Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of judicial decisions.

(5)Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a)after consulting the Lord Chancellor, and

(b)with the approval of the Lord Chief Justice.

Section 14

SCHEDULE 3Transfer of appointment functions to Her Majesty

District Judges

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

6District judges

(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint district judges.

(2)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)must assign each district judge to one or more districts;

(b)may change an assignment so as to assign the district judge to a different district or districts.

(3)A reference in any enactment or other instrument to the district judge for a district or of a county court is a reference to any district judge assigned to the district concerned.

(4)Every district judge is, by virtue of his office, capable of acting in any district whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(5)A district judge is to be paid such salary as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(6)A salary payable under this section may be increased but not reduced by a determination or further determination under this section.

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

2(1)For sections 100 and 101 of the Supreme Court Act 1981 (c. 54) substitute—

100District judges

(1)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a district judge to one or more district registries;

(b)may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).

(2)A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.

(3)Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.

(4)Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.

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

(3)In section 102 of that Act (deputy district judges) for subsection (4) substitute—

(4)A person appointed to be a deputy district judge in a district registry has, while acting under this section, the same jurisdiction as a district judge assigned to that registry.

High Court Masters and Registrars

3(1)Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is amended as follows.

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

(3)After that subsection insert—

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

(4)For subsection (3) substitute—

(3)Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).

(3A)A person may be appointed to a senior office only if—

(a)he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or

(b)he does not hold the qualifying office but could be appointed to it in compliance with section 88.

(3B)Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.

(3C)This is the table referred to in subsections (3) and (3A)—

Senior officeQualifying office
Senior Master of the Queen’s Bench DivisionMaster of the Queen’s Bench Division
Chief Chancery MasterMaster of the Chancery Division
Chief Taxing MasterTaxing master of the Senior Courts
Chief Bankruptcy RegistrarRegistrar in bankruptcy of the High Court
Senior District Judge of the Family DivisionRegistrar of the Principal Registry of the Family Division.

(5)Before subsection (8) insert—

(7A)A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury.

(7B)A salary payable under or by virtue of this section—

(a)may in any case be increased, but

(b)may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

by a determination or further determination under this section.

4In section 93(2) of the Mental Health Act 1983 (c. 20) (Court of Protection) for “the Lord Chancellor” substitute “Her Majesty”.

Senior District Judge (Chief Magistrate)

5In section 23 of the Courts Act 2003 (c. 39) (Senior District Judge (Chief Magistrate))—

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

(b)for “he” substitute “she”.

6In section 10A(2) of the Justices of the Peace Act 1997 (c. 25) (until the coming into force of the repeal of that Act by the Courts Act 2003) for “The Lord Chancellor” substitute “Her Majesty”.

Section 15

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

Part 1Amendments

Ecclesiastical Licences Act 1533 (c. 21)

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

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

Habeas Corpus Act 1679 (c. 2)

2The Habeas Corpus Act 1679 is amended as follows.

3In section 1 (bringing before Lord Chancellor or other judges) omit “the lord chauncelior or lord keeper of the great seale of England for the time being or”.

4In section 2 (appeal to Lord Chancellor or other judges) omit—

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

(b)“lord chauncellor lord keeper”;

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

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

5In section 9 (Lord Chancellor or other judge unduly denying writ) omit “the said lord chauncellor or lord keeper or”.

Cestui que Vie Act 1707 (c. 72)

6Any reference to the Lord Chancellor and keeper or commissioners for the custody of the great seal of Great Britain for the time being in section 1 of the Cestui que Vie Act 1707 is to be construed as a reference to a judge of the Chancery Division of the High Court.

Pluralities Act 1838 (c. 106)

7The Pluralities Act 1838 is amended as follows.

8(1)Section 126 (consent of patron etc. where patronage in the Crown) is amended as follows.

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

(3)Omit “or persons”.

9(1)Section 128 (consent of patron etc. where patronage attached to duchy of Cornwall) is amended as follows.

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

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

Ecclesiastical Leasing Act 1842 (c. 108)

10The Ecclesiastical Leasing Act 1842 is amended as follows.

11(1)Section 22 (consent of patron where patronage in the Crown) is amended as follows.

(2)For the words from “if such benefice shall be above” to “great seal,” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which such consent or concurrence is to be testified shall be executed by the Prime Minister”.

(3)Omit “or persons”.

12In section 23 (consent of patron where patronage attached to duchy of Cornwall), for the words from “the same” to “concurrence of the crown” substitute “the Prime Minister, in accordance with section 22”.

Public Notaries Act 1843 (c. 90)

13(1)Section 5 of the Public Notaries Act 1843 (refusal of master of faculties to grant a faculty) is amended as follows.

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

(3)At the end of that section insert—

The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section.

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

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

14In section 12 of the Inclosure Act 1859 (adaptation of references to patron where patronage is in the Crown) for the words from “Lord High” to “Great Seal” substitute “Prime Minister”.

British Law Ascertainment Act 1859 (c. 63)

15In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit “the Lord Chancellor,”.

Promissory Oaths Act 1871 (c. 48)

16(1)Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39)) is amended as follows.

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

(3)After that paragraph insert—

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

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

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

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

17(1)Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-Warden’s Court) is amended as follows.

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

(3)After subsection (2) insert—

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

Judicial Committee Act 1915 (c. 92)

18(1)Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee of the Privy Council to sit in more than one division at the same time) is amended as follows.

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

Administration of Justice Act 1925 (c. 28)

19(1)Section 22 of the Administration of Justice Act 1925 (registration of deeds of arrangement) is amended as follows.

(2)In subsection (5) for “by the Lord Chancellor with the concurrence” substitute “by the Lord Chief Justice with the concurrence of the Lord Chancellor and”.

(3)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 subsection (5).

Children and Young Persons Act 1933 (c. 12)

20(1)Section 45 of the Children and Young Persons Act 1933 (youth courts) (as amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows.

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

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

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

(5)After subsection (8) insert—

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

Compensation (Defence) Act 1939 (c. 75)

21(1)The Compensation (Defence) Act 1939 is amended as follows.

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

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

(4)After section 9(1) insert—

(1A)Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act.

(1B)Such rules are to be made as follows—

(a)if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor;

(b)if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session;

(c)if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

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

(6)After subsection (3) insert—

(4)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

(5)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

22In section 18 (application to Scotland and Northern Ireland)—

(a)omit subsection (2);

(b)for subsection (4) substitute—

(4)Sections seven and nine of this Act shall have effect with these modifications—

(a)in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session;

(b)in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.

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

23(1)Section 109 of the London Building Acts (Amendment) Act 1939 (constitution etc of tribunal appeal) is amended as follows.

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

(3)After subsection (2) insert—

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

Pensions Appeal Tribunals Act 1943 (c. 39)

24The Pension Appeal Tribunals Act 1943 is amended as follows.

25In section 6D (procedure in proceedings before Commissioner), after subsection (8) insert—

(9)In the application of this section to Northern Ireland—

(a)for any reference to the Social Security Act 1998 there shall be substituted a reference to the Social Security (Northern Ireland) Order 1998;

(b)for any reference to section 16 of that Act there shall be substituted a reference to Article 16 of that Order.

26Omit section 13 (application to Scotland).

27Omit section 14 (application to Northern Ireland).

28(1)The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows.

(2)For paragraph 1 substitute—

1(1)There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(2)There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(3)There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(4)The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1).

(5)The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).

(3)In paragraph 2 (membership)—

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

(a)in relation to England and Wales, by the Lord Chancellor;

(b)in relation to Scotland, by the Lord President of the Court of Session;

(c)in relation to Northern Ireland, by the Lord Chancellor;

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

(c)for sub-paragraph (3) substitute—

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

(3B)The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).;

(d)in sub-paragraph (4) for “sub-paragraph (3)” substitute “sub-paragraphs (3A) and (3B)”.

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

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

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

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

(6)In paragraph 5 (rules)—

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

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

(c)after sub-paragraph (1) insert—

(1A)Such rules are to made by the following person—

(a)if the rules relate to England and Wales, by the Lord Chancellor;

(b)if the rules relate to Scotland, by the Lord President of the Court of Session;

(c)if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.;

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

(7)Before paragraph 8 insert—

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

(2)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under any of the provisions listed in sub-paragraph (3).

(3)Those provisions are—

(a)paragraph 3C(2)(b);

(b)paragraph 5(1A)(b).

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

(5)Those provisions are—

(a)paragraph 1;

(b)paragraph 3C(2)(c);

(c)paragraph 5(1A)(c).

Agriculture Act 1947 (c. 48)

29The Agriculture Act 1947 is amended, or has effect, as follows.

30In section 73 (establishment, constitution and procedure of Agricultural Land Tribunals), in subsection (1) for the words before “by order” substitute “For the purposes of this section the Lord Chancellor shall, after consulting the Chairman of the Agricultural Land Tribunals,”.

31(1)The functions of the Lord Chancellor under section 75 (provisions as to land lying partly in one area and partly in another) are exercisable only after consultation with the Lord Chief Justice.

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

32In section 108 (regulations and orders), in subsection (1) omit “by the Minister” in the second place.

33(1)Schedule 9 (constitution of Agricultural Land Tribunals) is amended as follows.

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

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

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

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

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

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

(c)after that sub-paragraph insert—

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

Lands Tribunal Act 1949 (c. 42)

34(1)Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of Lands Tribunal) is amended as follows.

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

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

(4)In subsection (9)(a) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.

(5)After subsection (10) insert—

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

Registered Designs Act 1949 (c. 88)

35The Registered Designs Act 1949 is amended as follows.

36(1)Section 27 (meaning of the court) is amended as follows.

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

(3)After subsection (2) insert—

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

37(1)Section 28 (the Appeal Tribunal) is amended as follows.

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

(3)After subsection (10) insert—

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

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

38The Courts-Martial (Appeals) Act 1951 is amended as follows.

39In section 28 (provisions with respect to office of Judge Advocate of fleet), after subsection (3) insert—

(3A)The Lord Chancellor may make a recommendation under subsection (3) only with the concurrence of all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

40In section 32 (tenure of office of Judge Advocate General and assistants), for subsection (1) substitute—

(1)The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

(1A)The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

(1B)An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.

(1C)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a)the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b)the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

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

41(1)Section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (appropriate courts and procedure) is amended as follows.

(2)After subsection (5) insert—

(5A)The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making rules under subsection (1) that relate to England and Wales.

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

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

42In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of—

(a)All Hallows London Wall,

(b)St. Margaret Pattens, and

(c)St. Mary Aldermary,

substitute “Her Majesty”.

Pharmacy Act 1954 (c. 61)

43(1)In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3 (appointments) is amended as follows.

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

(3)After sub-paragraph (5) insert—

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

Mines and Quarries Act 1954 (c. 70)

44(1)Section 170 of the Mines and Quarries Act 1954 (provisions as to references upon notices) is amended as follows.

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

(3)After subsection (9) insert—

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

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

45Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to making certain orders under the Act) is amended as follows.

46(1)Paragraph 4 (inquiries into objections) is amended as follows.

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

(3)After sub-paragraph (1) insert—

(1A)A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows—

(a)if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b)if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session;

(c)if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.

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

(5)After sub-paragraph (3) insert—

(3A)Rules under sub-paragraph (3) are to be made as follows—

(a)if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor;

(b)if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session;

(c)if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.

(6)In sub-paragraph (4) for the words from “as the Lord Chancellor” to the end substitute as may be determined, with the approval of the Treasury—

(a)by the Lord Chancellor, or

(b)in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.

(7)After sub-paragraph (4) insert—

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

(6)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(7)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

47(1)Paragraph 8 (application to court to challenge order) is amended as follows.

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

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

(4)After that sub-paragraph insert—

(2)In this paragraph “appropriate court” means—

(a)if the order relates to land in England and Wales, the High Court in England and Wales;

(b)if the order relates to land in Scotland, the Court of Session;

(c)if the order relates to land in Northern Ireland, the High Court in Northern Ireland.

48Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).

Agriculture Act 1958 (c. 71)

49In the Agriculture Act 1958, in section 5 (functions under section 73 of the Agriculture Act 1947) for “by the Lord Chancellor and not by the Minister” substitute “as provided for in that section”.

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

50(1)Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958 (interpretation) is amended as follows.

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

Mental Health Act 1959 (c. 72)

51In section 145 of the Mental Health Act 1959 (general provisions as to regulations, orders and rules) omit “or the Lord Chancellor”.

Administration of Justice Act 1960 (c. 65)

52In section 14 of the Administration of Justice Act 1960 (procedure on application for habeas corpus), in subsection (2) omit “; and no such application shall in any case be made to the Lord Chancellor”.

Transport Act 1962 (c. 46)

53The Transport Act 1962 is amended as follows.

54(1)Section 74 (Minister’s power to make orders about pensions) is amended as follows.

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

(3)After subsection (9) insert—

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

55(1)Section 81 (compensation to officers and servants of the Commission) is amended as follows

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

(3)After subsection (10) insert—

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

56(1)In Schedule 7 (transitional provisions) paragraph 17 is amended as follows.

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

(3)After sub-paragraph (6) insert—

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

57Schedule 11 (application to Northern Ireland) is amended as follows.

58(1)Paragraph 6 (appointment of referee or board of referees) is amended as follows.

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

(3)After that sub-paragraph insert—

(2)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

59Omit paragraph 10.

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

60(1)Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as follows.

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

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

(4)After that subsection insert—

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

Finance Act 1966 (c. 18)

61(1)In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6 is amended as follows.

(2)In sub-paragraph (2)—

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

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

(3)After sub-paragraph (4) insert—

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

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

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

62(1)Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for particular sittings) is amended as follows.

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

(3)After subsection (5) insert—

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

Taxes Management Act 1970 (c. 9)

63The Taxes Management Act 1970 is amended as follows.

64In section 2 (General Commissioners), after subsection (6) insert—

(6A)The Lord Chancellor must consult the Lord Chief Justice of England and Wales or, in Northern Ireland, the Lord Chief Justice of Northern Ireland before exercising any function conferred on him by subsection (1) or (6).

(6B)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.

(6C)The Lord Chief Justice of Northern Ireland may nominate one 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).

65(1)Section 4 (Special Commissioners) is amended as follows.

(2)After subsection (3) insert—

(3A)The Lord Chancellor may designate a person under subsection (3) only with the concurrence of all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

(3)After subsection (4) insert—

(4A)The Lord Chancellor may remove a Special Commissioner from office under subsection (4) only with the concurrence of the appropriate senior judge.

(4B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a)the Special Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b)the Special Commissioner exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

(4)After subsection (7) insert—

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

(9)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A).

(10)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

Administration of Justice Act 1970 (c. 31)

66(1)Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) is amended as follows.

(2)For subsection (1) substitute—

(1)This section applies if both of the following conditions are met—

(a)the Lord Chancellor thinks that it is expedient, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the Tribunal);

(b)the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

(1A)The Lord Chief Justice may, after consulting the Lord Chancellor, appoint one of the following persons as mentioned in subsection (1)(a)—

(a)a judge of the Court of Appeal;

(b)a person who has held office as a judge of the Court of Appeal or of the High Court;

(c)one of Her Majesty’s Counsel.

(1B)An appointment under this section is—

(a)for such period, or

(b)for the purpose of hearing such appeals,

as the Lord Chief Justice determines, after consulting the Lord Chancellor.

(3)After subsection (4) insert—

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

Courts Act 1971 (c. 23)

67The Courts Act 1971 is amended as follows.

68In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after “fit” insert “and if the Lord Chief Justice agrees”.

69(1)Section 21 (appointment of Recorders) is amended as follows.

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

(3)The appointment of a person as a Recorder shall specify the following—

(a)the term for which he is appointed;

(b)the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;

(c)the circumstances in which the Lord Chancellor may—

(i)decline to extend the term of the appointment, or

(ii)terminate the appointment,

(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).

(4)Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.

(4A)Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder’s appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.

(4B)The Lord Chancellor must not extend the term of a Recorder’s appointment unless the Recorder agrees to the extension.

(4C)The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder’s appointment on any of these grounds—

(a)the incapacity or misbehaviour of the Recorder;

(b)a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c)one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

(3)For subsection (6) substitute—

(6)The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—

(a)the incapacity or misbehaviour of the Recorder;

(b)a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;

(c)one or more of the circumstances specified under subsection (3)(c) in his appointment applies.

70(1)Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows.

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

(3)After subsection (3) insert—

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

71(1)Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows.

(2)In subsection (1)—

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

(b)omit “, he may”;

(c)in paragraph (a), before “appoint” insert “the Lord Chief Justice may, with the concurrence of the Lord Chancellor,”, and omit the word “or” in the last place where it occurs;

(d)in paragraph (b), before “appoint” insert “the Lord Chancellor may”.

(3)After subsection (5) insert—

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

72In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “Lord Chief Justice”.

73In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.

Misuse of Drugs Act 1971 (c. 38)

74(1)Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies and professional panels) is amended as follows.

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

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

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

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

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

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

(c)at the end of that entry insert—

After sub-paragraph (2) there shall be inserted—

(3)The Lord Chancellor must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a).

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3)

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

Land Charges Act 1972 (c. 61)

75In section 16 of the Land Charges Act 1972 (general rules), in subsection (2) omit “of the Lord Chancellor, with the concurrence of the Secretary of State,”.

Matrimonial Causes Act 1973 (c. 18)

76(1)Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree nisi: religious marriage) is amended as follows.

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

(3)After subsection (7) insert—

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

Juries Act 1974 (c. 23)

77The Juries Act 1974 is amended as follows.

78In section 5 (panels of persons summoned as jurors), after subsection (4) insert—

(5)The Lord Chancellor must consult the Lord Chief Justice before giving any direction under subsection (1).

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

79(1)Section 9AA (requirement to issue guidance) is amended as follows.

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

(3)After subsection (2) insert—

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

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

80(1)Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974 (interpretation) is amended as follows.

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

Industry Act 1975 (c. 68)

81(1)Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows.

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

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

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

(c)after that sub-paragraph insert—

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

(3)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

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

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

(5)After paragraph 8 insert—

8AWhere the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge.

8BThe appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Local Land Charges Act 1975 (c. 76)

82The Local Land Charges Act 1975 is amended as follows.

83After section 13 insert—

13ASpecification of fees by registering authorities in England

(1)Each registering authority in England must specify fees which are to be payable by persons for services relating to local land charges which are provided to them by the authority.

(2)This section does not apply to any fees payable for the making of a personal search (for which see section 14(1)(h)(i) below).

(3)Different fees may be specified for different services or descriptions of service.

(4)A registering authority may provide for there to be services or descriptions of service in respect of which no fees are to be payable.

(5)In specifying fees, a registering authority must secure that, taking one financial year with another, the income from fees for each service or description of service, or for each group of services or descriptions of service that they think appropriate, does not exceed the costs of its provision.

(6)When exercising the duty under subsection (1) above, a registering authority must specify the date on or after which the fees specified under that subsection are to be payable.

(7)Where the duty under subsection (1) above is exercised by a registering authority, they must publish details of the fees specified under that subsection before the date mentioned in subsection (6) above.

(8)If any fees specified under subsection (1) above are to be the same immediately before as immediately after the beginning of a financial year, a registering authority must publish details of those fees shortly before the beginning of the financial year.

(9)In specifying fees or publishing details of fees, a registering authority must have regard to such guidance as the Lord Chancellor may issue.

(10)That guidance—

(a)may also include provision concerning the manner in which fees are to be paid, and

(b)may be framed by reference to guidance issued by a person other than the Lord Chancellor.

(11)The Lord Chancellor must lay before both Houses of Parliament any guidance that he issues under this section.

(12)In this section “financial year” means a period of 12 months beginning with 1st April.

84(1)Section 9 (official searches) is amended as follows.

(2)For subsection (3) substitute—

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

(3A)In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.

(3)In subsection (4)—

(a)after “fee” insert “(if any)”;

(b)after “(3)” insert “or (3A)”.

85(1)In section 14 (rules), for subsection (1)(h) substitute—

(h)for prescribing—

(i)in relation to England, the fees, if any, to be paid for the making of any personal search;

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

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

Armed Forces Act 1976 (c. 52)

86(1)Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows.

(2)After subsection (3) insert—

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

(3)After subsection (4) insert—

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

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

(5)After subsection (8) insert—

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

(6)After subsection (11) insert—

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

(7)After subsection (17) insert—

(18)References in this section to the relevant judges are references to all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

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

(20)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

(21)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

Race Relations Act 1976 (c. 74)

87(1)Section 67 of the Race Relations Act 1976 (sheriff courts and designated county courts) is amended as follows.

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

(3)After subsection (5) insert—

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

Rent (Agriculture) Act 1976 (c. 80)

88In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure), omit subsection (5).

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

89(1)Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (the arbitration tribunal) is amended as follows.

(2)After subsection (2) insert—

(2A)The arbitration tribunal shall either sit as a single tribunal or sit in two or more divisions, as the Lord Chancellor may direct 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)In subsection (3) for the words from the beginning to “consist of” substitute “For the hearing of any proceedings, the arbitration tribunal shall, subject to subsection (4) below, consist of”.

(4)After subsection (8) insert—

(8A)Where the appointor is, by virtue of subsection (8)(a), the Lord Chancellor, the power conferred by subsection (5)(b) may be exercised only with the concurrence of the appropriate senior judge.

(8B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

(5)At the end insert—

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

(12)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 (2A)(b).

(13)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (2A)(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).

Patents Act 1977 (c. 37)

90The Patents Act 1977 is amended as follows.

91(1)Section 97 (appeals from the comptroller) is amended as follows.

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

(3)After subsection (3) insert—

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

92(1)Section 102A (right of audience etc in proceedings on appeal from the comptroller) is amended as follows.

(2)In subsection (3) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice of England and Wales,”.

(3)After subsection (6) insert—

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

Administration of Justice Act 1977 (c. 38)

93(1)Section 23 of the Administration of Justice Act 1977 (jurisdiction of ancient courts) is amended as follows.

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

(3)After subsection (5) insert—

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

Rent Act 1977 (c. 42)

94Omit section 142 of the Rent Act 1977 (rules as to procedure).

National Health Service Act 1977 (c. 49)

95In Schedule 9A to the National Health Service Act 1977 (Family Health Services Appeal Authority), in paragraph 5 (appointment of members of Authority) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

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

96(1)Section 2 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for financial provision) is amended as follows.

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

(3)After subsection (3) insert—

(4)An order made by the Lord Chancellor under this section—

(a)shall be made only after consultation with the Lord Chief Justice;

(b)shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.

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

Customs and Excise Management Act 1979 (c. 2)

97In Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to forfeiture), after paragraph 17(4) insert—

(5)The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence—

(a)where the proceedings referred to in sub-paragraph (1) were taken in England and Wales, of the Lord Chief Justice of England and Wales;

(b)where those proceedings were taken in Scotland, of the Lord President of the Court of Session;

(c)where those proceedings were taken in Northern Ireland, of the Lord Chief Justice of Northern Ireland.

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

(7)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(8)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

Tobacco Products Duty Act 1979 (c. 7)

98(1)Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows.

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

(3)After subsection (6) insert—

(7)The Lord Chancellor is to appoint the referee.

(8)The appointment is to be made only with the concurrence of—

(a)the Lord Chief Justice of England and Wales, if the determination of the Commissioners was made in relation to England and Wales;

(b)the Lord President of the Court of Session, if the determination was made in relation to Scotland; or

(c)the Lord Chief Justice of Northern Ireland, if the determination was made in relation to Northern Ireland.

(9)None of the following may be appointed—

(a)an official of any government department;

(b)an office holder in, or a member of the staff of, the Scottish Administration.

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

(11)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

(12)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

Magistrates' Courts Act 1980 (c. 43)

99The Magistrates' Courts Act 1980 is amended as follows.

100(1)Section 3B (transfer of trials of summary offences) is amended as follows.

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

(3)After subsection (4) insert—

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

101(1)Section 67 (Family Proceedings Courts) (as substituted by section 49(1) of the Courts Act 2003 (c. 39)) is amended as follows.

(2)In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice”.

(3)In subsection (4) for “Lord Chancellor may by rules” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, by rules”.

(4)In subsection (5) for “Lord Chancellor” substitute “Lord Chief Justice”.

(5)After subsection (8) insert—

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

102(1)Section 144 (rule committee and rules of procedure) is amended as follows.

(2)Before subsection (1) insert—

(A1)The Lord Chancellor may appoint a rule committee for magistrates' courts.

(3)In subsection (1)—

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

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

(4)After subsection (1) insert—

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

(5)In subsection (2) for “he may determine” substitute “he may, after consulting the Lord Chief Justice, determine”.

(6)After subsection (4) insert—

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

103After section 144 insert—

144ARules to be made if required by Lord Chancellor

(1)This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.

(2)The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose.

(3)Those rules must be—

(a)made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;

(b)made in accordance with section 144.

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

Housing Act 1980 (c. 51)

104In section 86 of the Housing Act 1980 (jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

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

105The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 is amended as follows.

106In Article 6 (directions in relation to appeals brought or continued under the Order) for “judge of the High Court nominated by the Lord Chancellor in accordance with” substitute “relevant judicial authority for the purposes of”.

107In Article 10 (application to Scotland), omit paragraphs (b) and (c).

108In Article 11 (application to Northern Ireland)—

(a)omit paragraphs (b) and (c)';

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

Judicial Pensions Act 1981 (c. 20)

109The Judicial Pensions Act 1981 is amended as follows.

110In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit “, other than the Lord Chancellor”.

111(1)Section 5 (Circuit Judge in England and Wales) is amended as follows.

(2)After subsection (1) insert—

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

(3)After subsection (6) insert—

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

112(1)Section 7 (stipendiary magistrates in England and Wales) is amended as follows.

(2)After subsection (1) insert—

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

(3)After subsection (6) insert—

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

113(1)Section 13 (Social Security Commissioners) is amended as follows.

(2)After subsection (1) insert—

(1A)In a case that falls within subsection (1)(c), the Lord Chancellor must consult—

(a)the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales;

(b)the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland;

(c)the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.

(3)After subsection (6)—

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

(8)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

(9)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

Supreme Court Act 1981 (c. 54)

114The Supreme Court Act 1981 is amended as follows.

115(1)Section 2 (membership of the Court of Appeal) is amended as follows.

(2)In subsection (2)—

(a)omit paragraph (a);

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

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

(f)the President of the Queen’s Bench Division;

(g)the President of the Family Division;

(h)the Chancellor of the High Court;

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

(3)After subsection (2) insert—

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

(4)After subsection (4) insert—

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

(5)In subsection (6)—

(a)omit “Lord Chancellor,”;

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

116(1)Section 3 (Divisions of Court of Appeal) is amended as follows.

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

(3)After subsection (5) insert—

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

117(1)Section 4 (membership of the High Court) is amended as follows.

(2)In subsection (1)—

(a)omit paragraph (a);

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

(ba)the President of the Queen’s Bench Division;

(c)the President of the Family Division;

(d)the Chancellor of the High Court;.

(3)After subsection (4) insert—

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

(4)In subsection (6)—

(a)omit “Lord Chancellor,”;

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

118(1)Section 5 (divisions of the High Court) is amended as follows.

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

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

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

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

with the concurrence of both of the following—

(a)the senior judge of the Division to which the judge is attached;

(b)the senior judge of the Division of which the judge is to act as an additional judge.

(6)After subsection (5) insert—

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

119(1)Section 6 (the Patents, Admiralty and Commercial Courts) is amended as follows.

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

(3)After subsection (2) insert—

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

120(1)Section 7 (power to alter Divisions etc) is amended as follows.

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

(3)In subsection (2)—

(a)omit “the Lord Chancellor,”;

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

121(1)Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows.

(2)In subsection (2)—

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

  • “the appropriate authority” means—

    (a)

    the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or

    (b)

    at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;

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

(3)After subsection (2) insert—

(2A)The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

(2B)In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.

(2C)In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.

(2D)In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.

(4)In subsection (4)—

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

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

(5)After subsection (8) insert—

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

122(1)Section 10 (appointment of judges of Supreme Court) is amended as follows.

(2)In subsection (1)—

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

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

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

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

(5)For subsection (4) substitute—

(4)A person appointed—

(a)to any of the offices mentioned in subsection (1),

(b)as a Lord Justice of Appeal, or

(c)as a puisne judge of the High Court,

shall take the required oaths as soon as may be after accepting office.

(5)In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—

(a)the Master of the Rolls;

(b)the President of the Queen’s Bench Division;

(c)the President of the Family Division;

(d)the Chancellor of the High Court.

(6)Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.

(7)In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—

(a)the Lord Chief Justice, or

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.

(8)In this section “required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

123(1)Section 11 (tenure of office) is amended as follows.

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

(3)After subsection (3) insert—

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

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

124In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit “, other than the Lord Chancellor,”.

125(1)Section 13 (precedence of judges of Supreme Court) is amended as follows.

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

(2)Subject to subsection (1)(b), the President of the Queen’s Bench Division shall rank next after the Master of the Rolls.

(2A)The President of the Family Division shall rank next after the President of the Queen’s Bench Division.

(3)The Chancellor of the High Court shall rank next after the President of the Family Division.

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

126In section 44 (extraordinary functions of judges of High Court), in subsection (2) omit “the Lord Chancellor,”.

127In section 56B (allocation of cases in criminal division), in subsection (1) for “with the concurrence of the Lord Chancellor” substitute “after consulting the Lord Chancellor”.

128(1)Section 57 (Court of Appeal: sittings and vacations) is amended as follows.

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

(3)After subsection (4) insert—

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

129(1)Section 61 (distribution of business among Divisions) is amended as follows).

(2)In subsection (3)—

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

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

(3)After subsection (8) insert—

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

130(1)Section 63 (business assigned to specially nominated judges) is amended as follows.

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

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

(4)After subsection (3) insert—

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

131(1)Section 68 (exercise of jurisdiction of High Court otherwise than by judges of that court) is amended as follows.

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

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

(4)After subsection (7) insert—

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

132(1)Section 71 (High Court: sittings and vacations) is amended as follows.

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

(3)After subsection (5) insert—

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

133(1)Section 74 (appeals and committals for sentence) is amended as follows.

(2)After subsection (5) insert—

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

(3)After subsection (7) insert—

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

134(1)Section 78 (Crown Court: sittings) is amended as follows.

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

(3)After subsection (3) insert—

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

135(1)Section 82 (duties of officers of Crown Court) is amended as follows.

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

(3)After subsection (2) insert—

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

136Omit section 84(8) (rules of court for Crown Court etc to be made by statutory instrument).

137(1)Section 86 (the Crown Court Rule Committee) is amended as follows.

(2)In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “by a committee known as the Crown Court Rule Committee, which is to consist of the following persons—”.

(3)For subsections (2) to (4) substitute—

(2)The members of the Crown Court Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3) or (4).

(3)The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) and (e) of subsection (1), after consulting the Lord Chancellor.

(4)The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the following—

(a)the Lord Chief Justice;

(b)any authorised body with members who are eligible for appointment under the relevant paragraph.

(5)A person is to be appointed under subsection (3) or (4) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.

(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.

138After section 86 insert—

86AProcess for making rules of court under section 84

(1)Crown Court rules must be—

(a)signed by a majority of the members of the Crown Court Rule Committee, and

(b)submitted to the Lord Chancellor.

(2)The Lord Chancellor may allow or disallow rules so made.

(3)If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

(4)Rules so made and allowed by the Lord Chancellor—

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

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

(5)A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section and section 86B “Crown Court rules” means rules of court made under section 84.

86BRules to be made if required by Lord Chancellor

(1)This section applies if the Lord Chancellor gives the Crown Court Rule Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

(2)The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.

(3)Those rules must be—

(a)made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b)made in accordance with section 86A.

139(1)Section 91 (deputies and temporary appointments) is amended as follows.

(2)In subsection (1)—

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

(b)in paragraph (a) omit “or III”;

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

(3)After subsection (1) insert—

(1A)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—

(a)to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or

(b)to act as a temporary additional officer in any such office,

during such period or on such occasions as the Lord Chancellor may think fit.

(4)After subsection (6) insert—

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

140(1)Section 92 (tenure of office) is amended as follows.

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

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

(4)After subsection (7) insert—

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

141(1)Section 96 (Central Office) is amended as follows.

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

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

(4)After subsection (2) insert—

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

142In section 98 (judges' clerks and secretaries), in subsection (1) for “the President of the Family Division and the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court”.

143(1)Section 99 (district registries) is amended as follows.

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

(3)After subsection (2) insert—

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

144(1)Section 104 (district probate registries) is amended as follows.

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

(3)After subsection (2) insert—

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

145(1)Section 131 (conveyancing counsel of Supreme Court) is amended as follows.

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

(3)After subsection (2) insert—

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

146In section 151 (interpretation), in subsection (1) for the definition of “senior judge” substitute—

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

Administration of Justice Act 1982 (c. 53)

147The Administration of Justice Act 1982 is amended as follows.

148(1)Section 25 (regulations as to deposit and registration of wills) is amended as follows.

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

(3)After subsection (8) insert—

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

Representation of the People Act 1983 (c. 2)

149In section 161 of the Representation of the People Act 1983 (justices of the peace guilty of corrupt practice)—

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

(b)after “Scotland,” insert “to”.

Mental Health Act 1983 (c. 20)

150The Mental Health Act 1983 is amended as follows.

151(1)Section 93 (judicial authorities and Court of Protection) is amended as follows.

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

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

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

(5)After subsection (4) insert—

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

152In section 94 (exercise of the judge’s functions: the patient), in subsection (1) omit “by the Lord Chancellor or”.

153In section 96 (powers of the judge as to the patient’s property and affairs), in subsection (3) omit “the Lord Chancellor or”.

154In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit “the Lord Chancellor or” in both places.

155In section 105 (appeals), in subsection (2) omit “from any decision of the Lord Chancellor or”.

156(1)Section 108 (general provisions as to rules under Part 7) is amended as follows.

(2)For subsection (1) substitute—

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

(3)After subsection (2) insert—

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

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

157(1)Section 111 (construction of references in other Acts) is amended as follows.

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

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

(4)In subsection (4)—

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

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

158(1)Schedule 2 (mental health review tribunals) is amended as follows.

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

(3)After paragraph 1 insert—

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

Pastoral Measure 1983 (1983 No. 1)

159(1)Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows.

(2)In paragraph (a)—

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

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

(c)omit “last-mentioned”.

(3)Omit paragraph (b).

County Courts Act 1984 (c. 28)

160The County Courts Act 1984 is amended as follows.

161(1)Section 2 (county court districts etc) is amended as follows.

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

(3)In subsection (3) after “given” insert “, after consulting the Lord Chief Justice,”.

(4)After subsection (4) insert—

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

162(1)Section 3 (places and times of sittings) is amended as follows.

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

(3)After subsection (4) insert—

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

163(1)Section 5 (judges of county courts) is amended as follows.

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

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

(4)In subsection (3) for “Lord Chancellor considers desirable” substitute “Lord Chief Justice considers desirable after consulting the Lord Chancellor”.

(5)In subsection (4)(a) for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”.

(6)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.

164(1)Section 11 (tenure of office) is amended as follows.

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

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

165In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—

(3)The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

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

166(1)Section 26 (districts for Admiralty purposes) is amended as follows.

(2)In subsection (1)—

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

(b)for “him” substitute “the Lord Chancellor”.

(3)After subsection (4) insert—

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

167In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “under this section by the Lord Chancellor after consulting the Lord Chief Justice”.

168(1)Section 61 (right of audience by direction) is amended as follows.

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

(3)After subsection (4) insert—

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

169Omit section 74A (practice directions).

170In section 145 (power to raise monetary limits), after subsection (2) insert—

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

Matrimonial and Family Proceedings Act 1984 (c. 42)

171The Matrimonial and Family Proceedings Act 1984 is amended as follows.

172(1)Section 33 (jurisdiction of county courts in matrimonial cases) is amended as follows.

(2)In subsections (1) and (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

(3)After subsection (5) insert—

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

173(1)Section 36 (assignment of circuit judges to family proceedings) is amended as follows.

(2)That section becomes subsection (1) of section 36.

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

(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.

174(1)Section 42 (county court proceedings in principal registry of Family Division) is amended as follows.

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

(3)After subsection (6) insert—

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

Inheritance Tax Act 1984 (c. 51)

175The Inheritance Tax Act 1984 is amended as follows.

176In section 256 (regulations about accounts etc), for subsection (3A) substitute—

(3A)Regulations under this section may only be made—

(a)in relation to England and Wales, after consulting the Lord Chancellor;

(b)in relation to Scotland, after consulting the Scottish Ministers;

(c)in relation to Northern Ireland, after consulting the Lord Chief Justice of Northern Ireland.

(3B)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

177(1)Section 257 (form etc of accounts) is amended as follows.

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

(3)After subsection (3) insert—

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

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

178(1)Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows.

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

Transport Act 1985 (c. 67)

179(1)Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows.

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

(3A)The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.

(3B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

(3)In paragraph 10 (the president)—

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

(b)after sub-paragraph (1) insert—

(1A)Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—

(a)consult the Lord Chancellor, and

(b)obtain the agreement of the Lord President of the Court of Session.;

(c)after sub-paragraph (3) insert—

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

(5)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (1A)(b).

Housing Act 1985 (c. 68)

180The Housing Act 1985 is amended as follows.

181Omit section 111 (secure tenancies: county court rules and directions).

182In section 181 (right to buy: jurisdiction of county court), omit subsections (4) and (5) (rules and directions).

183In section 572 (assistance for owners of defective housing: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

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

184In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985 (application to Northern Ireland), omit sub-paragraph (a).

Insolvency Act 1986 (c. 45)

185The Insolvency Act 1986 is amended as follows.

186(1)Section 117 (High Court and county court jurisdiction) is amended as follows.

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

(3)After subsection (7) insert—

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

187(1)Section 374 (insolvency districts) is amended as follows.

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

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

(4)After subsection (4) insert—

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

188(1)Section 411 (company insolvency rules) is amended as follows.

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

(3)After subsection (6) insert—

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

189(1)Section 412 (individual insolvency rules (England and Wales) is amended as follows.

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

(3)After subsection (5) insert—

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

190(1)Section 413 (Insolvency Rules committee) is amended as follows.

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

(3)After subsection (3) insert—

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

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

(4)After subsection (4) insert—

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

191(1)Section 420 (insolvent partnerships) is amended as follows.

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

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

(4)After subsection (3) insert—

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

192(1)Section 421 (insolvent estates of deceased persons) is amended as follows.

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

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

(4)After subsection (4) insert—

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

Coroners Act 1988 (c. 13)

193The Coroners Act 1988 is amended as follows.

194(1)Section 3 (terms on which coroners hold office) is amended as follows.

(2)For subsection (4) substitute—

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

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

195In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.

Criminal Justice Act 1988 (c. 33)

196In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation for miscarriages of justice), for paragraph 6 (power of removal) substitute—

6(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

(2)In the case of a person who qualifies for appointment under—

(a)paragraph (1)(a), or

(b)paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3)In the case of a person who qualifies for appointment under—

(a)paragraph (1)(b), or

(b)paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4)In the case of a person who qualifies for appointment under—

(a)paragraph (1)(c), or

(b)paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

Finance Act 1988 (c. 39)

197In section 134 (General Commissioners for Northern Ireland), omit subsection (4).

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

198The Copyright, Designs and Patents Act 1988 is amended as follows.

199(1)Section 146 (membership of the copyright tribunal) is amended as follows.

(2)After subsection (6) insert—

(7)The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge.

(8)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a)the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b)the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

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

(10)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).

(11)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).

200(1)Section 287 (patents county courts: special jurisdiction) is amended as follows.

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

(3)After subsection (5) insert—

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

201(1)Section 291 (proceedings in patents county court) is amended as follows.

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

(3)After subsection (5) insert—

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

202(1)Section 292 (rights and duties of registered patent agents in relation to proceedings in patents courts) is amended as follows.

(2)After subsection (2) insert—

(2A)The Lord Chancellor may make regulations under subsection (2) only with the concurrence of the Lord Chief Justice.

(3)After subsection (6) insert—

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

Children Act 1989 (c. 41)

203The Children Act 1989 is amended as follows.

204(1)Section 7 (welfare reports) is amended as follows.

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

(3)After subsection (5) insert—

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

205(1)Section 92 (jurisdiction of the courts) is amended as follows.

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

(3)In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”.

(4)After subsection (10) insert—

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

206(1)Section 94 (appeals) is amended as follows.

(2)In subsection (10) after “Lord Chancellor may” insert “, after consulting 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 subsection (10).

207In section 96 (evidence given by, or with respect to, children), in subsection (3) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

208(1)In section 97 (privacy for children involved in certain proceedings).

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

(3)After subsection (8) insert—

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

209(1)In Schedule 1 (financial provision for children), paragraph 5 (maximum lump sum payable for maintenance of child by order of magistrates court) is amended as follows.

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

(3)After sub-paragraph (6) insert—

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

210(1)Schedule 11 (jurisdiction) is amended as follows.

(2)In paragraph 1 (commencement of proceedings) after “Lord Chancellor may” in each place insert “, after consulting the Lord Chief Justice,”.

(3)In paragraph 2 (transfer of proceedings)—

(a)in sub-paragraph (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”;

(b)in sub-paragraph (5) after “Lord Chancellor thinks appropriate” insert “, after consulting the Lord Chief Justice,”.

(4)In paragraph 3 (hearings by a single justice), in sub-paragraph (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

(5)In paragraph 4 (general)—

(a)in sub-paragraph 5(a) after “Lord Chancellor considers expedient” insert “, after consulting the Lord Chief Justice,”.

(b)after sub-paragraph (5) insert—

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

Courts and Legal Services Act 1990 (c. 41)

211The Courts and Legal Services Act 1990 is amended as follows.

212(1)Section 1 (allocation of business between High Court and county courts) is amended as follows.

(2)After subsection (1) insert—

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

(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.

213In section 9 (allocation of family proceedings which are within the jurisdiction of the county courts), in subsection (1) for the words from the beginning to “Family Division,” substitute “The President of the Family Division may, after consulting the Lord Chancellor,”.

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).

216In 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)

217In 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)

218The 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.

220In 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(1)Schedule 4 (Child Support Commissioners) is amended as follows.

(2)In paragraph 1 (tenure of office), after sub-paragraph (3) insert—

(3A)The Lord Chancellor may remove a Child Support Commissioner under sub-paragraph (3) only with the concurrence of the appropriate senior judge.

(3B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

(3)In paragraph 8 (application of Schedule to Northern Ireland), before sub-paragraph (b) insert—

(ab)paragraph 1(3A) and (3B) were omitted;.

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)

223The Tribunal and Inquiries Act 1992 is amended as follows.

224In 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)

226The 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).

229In 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.

230In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit “, other than the Lord Chancellor”.

Bail (Amendment) Act 1993 (c. 26)

231In 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,”.

234After 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)

235The Value Added Tax Act 1994 is amended as follows.

236In 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)

238In 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)

239In 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)

240The Reserve Forces Act 1996 is amended as follows.

241In 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.

242In 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.

244After section 92 insert—

92ASections 90 to 92: supplementary

(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)

245The 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.

249In 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)

250In 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)

251In 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)

252The Family Law Act 1996 is amended as follows.

253(1)Section 57 (jurisdiction of the courts) is amended as follows.

(2)In subsections (3), (4) and (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

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

(4)In subsection (9) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

(5)In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”.

(6)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.

254(1)Section 61 (appeals) is amended as follows.

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

(3)After subsection (6) insert—

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

Defamation Act 1996 (c. 31)

255In 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)

256The Housing Act 1996 is amended as follows.

257In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

258In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).

Education Act 1996 (c. 56)

259In section 334 of the Education Act 1996 (Special Educational Needs Tribunal: President and members), in subsection (3)—

(a)after “Lord Chancellor” in the first place insert “and of the Lord Chief Justice”;

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

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

260In 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)

261The Civil Procedure Act 1997 is amended as follows.

262In 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).

266After section 3 insert—

3ARules to be made if required by Lord Chancellor

(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)

271The 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.

273In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph 1(3) (tenure of office) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session,”.

274In Schedule 4 (Social Security Commissioners), in paragraph 5 (removal) after sub-paragraph (1) insert—

(1A)The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge.

(1B)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

Data Protection Act 1998 (c. 29)

275(1)Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as amended by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36)) is amended as follows.

(2)In paragraph 2 (designation of persons to hear appeals in national security cases), after sub-paragraph (2) insert—

(3)The Lord Chancellor may make, or revoke, a designation under this paragraph only with the concurrence of all of the following—

(a)the Lord Chief Justice;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

(4)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 (3) so far as they relate to a designation 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 sub-paragraph (3) so far as they relate to a designation under this paragraph.

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)