Enterprise Act 2002 (c. 40)U.K.
304U.K.The Enterprise Act 2002 is amended as follows.
305(1)Section 268 (disqualification from office: general) is amended as follows.U.K.
(2)In subsection (7)—
(a)omit “made with the concurrence of the Lord Chancellor”;
(b)after “tribunal” insert “; but any such order must—
(a)if it relates to England and Wales, be made with the concurrence of the Lord Chief Justice of England and Wales;
(b)if it relates to Northern Ireland, be made with the concurrence of the Lord Chief Justice of Northern Ireland”.
(3)After subsection (15) insert—
“(16)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 (7).
(17)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7)—
(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).”
306U.K.In paragraph 2 of Schedule 2 (tenure of members of Competition Appeal Tribunal), after sub-paragraph (4) insert—
“(5)The Lord Chancellor may remove a person from office as President under sub-paragraph (4) 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.
(6)The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge.
(7)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.”