SCHEDULES

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Part 1Amendments

Courts Act 2003 (c. 39)

339

1

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

2

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

b

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

3

After subsection (1) insert—

1A

The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).

1B

The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).

4

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

5

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

6

Omit subsection (4).

7

In subsection (5) for “under subsection (2)(h) to (m), 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 any of paragraphs (h) to (m) of subsection (2), must also consult ”.

8

After section (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.