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38.—(1) Paragraph 1 of Schedule 3 to the Education Act 2005(1) is amended in accordance with this paragraph.
(2) In paragraph 1(1)(a), for “Lord Chancellor” substitute “Lord Chief Justice after consulting the Lord Chancellor”.
(3) 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 this paragraph.”.
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