Constitutional Reform Act 2005

This section has no associated Explanatory Notes

97U.K.In 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).