Constitutional Reform Act 2005

Part 2 Amendments relating to enactments repealed or amended otherwise than by this Act

Introduction

131 (1) This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts.

(2) In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”.

(3) An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

132 (1) Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.

(2) In paragraph 1 (juvenile court panels)—

(a) in sub-paragraph (3) for “Lord Chancellor” in each place substitute “Lord Chief Justice”;

(b) after sub-paragraph (3) insert—

“(3A) The Lord Chief Justice may approve a course of training, or allow a longer period for completion of a course, only after consultation with the Lord Chancellor.”

(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 86 of, and Schedule 13 to, the Justice (Northern Ireland) Act 2002 (c. 26).

Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))

133 (1) Article 27 of the Administration of Estates (Northern Ireland) Order 1979 (depositories of wills of living persons) is amended as follows.

(2) That Article becomes paragraph (1) of Article 27.

(3) In that paragraph, for “the directions of the Lord Chancellor” substitute “directions given by the Lord Chief Justice with the concurrence of the Lord Chancellor”.

(4) After that paragraph insert—

“(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—

(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) In relation to the enactment referred to in this paragraph, the original amending provision is section 75 of, and Part 2 of Schedule 9 to, the Administration of Justice Act 1982 (c. 53).

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 14))

134 (1) Article 46 of the County Courts (Northern Ireland) Order 1980 (county court rules committee) is amended as follows.

(2) In paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”.

(3) After paragraph (1) insert—

“(1A) The Lord Chief Justice must consult the Lord Chancellor before making an appointment under paragraph (1)(b), (c), (e) or (f).”

(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 73(2) of the Justice (Northern Ireland) Act 2002 (c. 26).