SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation
Appellate Jurisdiction Act 1876
1
The Appellate Jurisdiction Act 18762 is amended as follows.
2
In section 5, omit subsection (1).
3
In section 25, in the definition of “High judicial office”, omit the words “Lord Chancellor of Great Britain or of”.
Appellate Jurisdiction Act 18874
1
Section 3 of the Appellate Jurisdiction Act 18873 is amended in accordance with this paragraph.
2
Omit “unless he is for the time being the Lord Chancellor of Great Britain”.
Matrimonial and Family Proceedings Act 1984
5
The Matrimonial and Family Proceedings Act 19844 is amended as follows.
6
1
Section 36A is amended in accordance with this paragraph.
2
In subsections (1) and (8) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
3
After subsection (9) insert—
10
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.
7
1
Section 36D is amended in accordance with this paragraph.
2
That section becomes subsection (1) of section 36D.
3
In that subsection, for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”.
4
After that subsection insert—
2
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.
Nationality, Immigration and Asylum Act 2002
8
Schedule 4 to the Nationality, Immigration and Asylum Act 20025 is amended as follows.
9
1
Paragraph 4 is amended in accordance with this paragraph.
2
That paragraph becomes sub-paragraph (1) of paragraph 4.
3
After that sub-paragraph insert—
2
An order under sub-paragraph (1) relating to members sitting in England and Wales may only be made with the concurrence of Lord Chief Justice of England and Wales.
3
An order under sub-paragraph (1) relating to members sitting in Scotland may only be made with the concurrence of the Lord President of the Court of Session.
4
An order under sub-paragraph (1) relating to members sitting in Northern Ireland may only be made with the concurrence of the Lord Chief Justice of Northern Ireland.
10
After paragraph 5(2) insert—
3
The Lord Chancellor may appoint a person under sub-paragraph (1)(a) 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.
11
After paragraph 11 insert—
Delegation12
1
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 any of his functions under this Schedule.
2
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 Schedule.
3
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
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).
Gender Recognition Act 2004
12
Schedule 1 to the Gender Recognition Act 20046 is amended as follows.
13
In paragraph 1(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.
14
After paragraph 1(1) insert—
1A
The Lord Chancellor may appoint a person under sub-paragraph (1) 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.
15
In paragraph 2(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.
16
After paragraph 2(1) insert—
1A
The Lord Chancellor may appoint a person under sub-paragraph (1) 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.
17
After paragraph 8 insert—
Delegation8A
1
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 any of his functions under this Schedule.
2
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 Schedule.
3
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
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).
Traffic Management Act 2004
18
Section 81 of the Traffic Management Act 20047 is amended as follows.
19
For subsection (3)(b) substitute—
b
for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;
c
for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—
i
not to re-appoint a person as an adjudicator, or
ii
to remove a person from his office as an adjudicator.
20
After subsection (3) insert—
3A
The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.
Civil Partnership Act 2004
21
The Civil Partnership Act 20048 is amended as follows.
22
1
Section 188 is amended in accordance with this paragraph.
2
After subsection (4) insert—
4A
The Lord Chancellor may make an order under subsection (4) only with the concurrence of the Lord Chief Justice of Northern Ireland.
23
In paragraph 47 of Schedule 6, after sub-paragraph (2) insert—
3
The Lord Chancellor may make a determination for the purposes of sub-paragraph (1) only with the concurrence of the Lord Chief Justice.
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.
24
1
Paragraph 2 of Schedule 16 is amended in accordance with this paragraph.
2
In sub-paragraph (2)(b), after “may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”.
Pensions Act 2004
25
Schedule 4 to the Pensions Act 20049 is amended as follows.
26
After paragraph 2(8) insert—
9
The Lord Chancellor may appoint a person to be President or Deputy President, or appoint a person under sub-paragraph (8)(b), 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.
27
1
Paragraph 8 is amended in accordance with this paragraph.
2
That paragraph becomes sub-paragraph (1) of paragraph 8.
3
After that sub-paragraph insert—
2
Before giving a direction under sub-paragraph (1) in relation to sittings in England and Wales the Lord Chancellor must consult the Lord Chief Justice of England and Wales.
3
Before giving a direction under sub-paragraph (1) in relation to sittings in Scotland the Lord Chancellor must consult the Lord President of the Court of Session.
4
Before giving a direction under sub-paragraph (1) in relation to sittings in Northern Ireland the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.
28
After paragraph 21 insert—
Delegation22
1
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 any of his functions under this Schedule.
2
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 Schedule.
3
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
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).
Prevention of Terrorism Act 200529
1
Paragraph 6 of the Schedule to the Prevention of Terrorism Act 200510 is amended in accordance with this paragraph.
2
After sub-paragraph (1) insert—
1A
The Lord Chancellor may appoint an adviser under this paragraph only with the concurrence of the appropriate senior judge.
3
After sub-paragraph (3) insert—
4
In this paragraph “the appropriate senior judge” means—
a
in relation to an adviser who may be called in aid wholly or mainly in Scotland, the Lord President of the Court of Session;
b
in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland, the Lord Chief Justice of Northern Ireland;
c
in any other case, the Lord Chief Justice of England and Wales.
5
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 any of his functions under this paragraph.
6
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.
7
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).
Mental Capacity Act 2005
30
The Mental Capacity Act 200511 is amended as follows.
31
1
Section 21 is amended in accordance with this paragraph.
2
That section becomes subsection (1) of section 21.
3
In that subsection for “Lord Chancellor” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”.
4
After that subsection insert—
2
The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
a
the President of the Court of Protection;
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
32
1
Section 45 is amended in accordance with this paragraph.
2
In subsection (4) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice”.
3
In subsection (5) after “may” insert “, after consulting the Lord Chief Justice,”.
4
After subsection (5) insert—
5A
The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
a
the President of the Court of Protection;
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
33
1
Section 46 is amended in accordance with this paragraph.
2
In subsection (1)(a), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
For subsection (1)(b) substitute—
b
where nominated by the Lord Chief Justice to act on his behalf under this subsection—
i
the President of the Court of Protection; or
ii
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
4
In subsection (3), for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor,”.
5
In subsection (4)—
a
for “Lord Chancellor” in the first place substitute “Lord Chief Justice, after consulting the Lord Chancellor,”;
b
after “Lord Chancellor” in the second place insert “, after consulting the Lord Chief Justice,”.
34
For section 51(1) substitute—
1
Rules of court with respect to the practice and procedure of the court (to be called “Court of Protection Rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.
35
For section 52 substitute—
52Practice directions
1
Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.
2
Practice directions given otherwise than under subsection (1) may not be given without the approval of—
a
the Lord Chancellor, and
b
the Lord Chief Justice.
3
The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
a
the President of the Court of Protection;
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
36
1
Section 59 is amended in accordance with this paragraph.
2
Omit subsection (4).
3
After subsection (5) insert—
5A
Where a person to be appointed as a member of the Board is a judge of the court, the appointment is to be made by the Lord Chief Justice after consulting the Lord Chancellor.
5B
In any other case, the appointment of a person as a member of the Board is to be made by the Lord Chancellor.
4
After subsection (9) insert—
10
The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
a
the President of the Court of Protection;
b
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).
37
1
Section 65 is amended in accordance with this paragraph.
2
In subsection (1), after “this Act” insert “, other than the power in section 21”.
3
After subsection (4) insert—
5
An order under section 21—
a
may include supplementary, incidental, consequential, transitional or saving provision;
b
may make different provision for different cases;
c
is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and
d
is subject to annulment in pursuance of a resolution of either House of Parliament.
Education Act 200538
1
Paragraph 1 of Schedule 3 to the Education Act 200512 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.
Gambling Act 200539
1
Paragraph 3 of Schedule 8 to the Gambling Act 200513 is amended in accordance with this paragraph.
2
After sub-paragraph (3) insert—
3A
The Lord Chancellor may dismiss a person under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
3B
The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be dismissed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
3C
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 any of his functions under this paragraph.
3D
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.
SCHEDULE 2Transfer and modification of functions of the Lord Chancellor — secondary legislation
Iron and Steel (Compensation to Officers and Servants) (No. 2) Regulations 19531
1
Regulation 2 of the Iron and Steel Regulations (Compensation to Officers and Servants) (No. 2) Regulations 195314 is amended in accordance with this paragraph.
2
In the definition of “tribunal” in paragraph (1), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
1A
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 referred to in the definition of “tribunal” in paragraph (1).
British Transport Reorganisation (Compensation to Employees) Regulations 19622
1
Regulation 1 of the British Transport Reorganisation (Compensation to Employees) Regulations 196215 is amended in accordance with this paragraph.
2
In the definition of “tribunal” in paragraph (3), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
3A
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 referred to in the definition of “tribunal” in paragraph (3).
National Assembly for Wales (Representation of the People) Order 20033
In article 112 of the National Assembly for Wales (Representation of the People) Order 200316 after “Lord Chancellor” insert “and the Lord Chief Justice”.
Courts Boards (Appointments and Procedure) Regulations 2004
4
The Courts Boards (Appointments and Procedure) Regulations 200417 are amended as follows.
5
1
Regulation 8 is amended in accordance with this paragraph.
2
In paragraph (2), for “paragraph (3)”, substitute “paragraphs (2A) and (3)”.
3
After paragraph (2) insert—
2A
The Lord Chancellor must not re-appoint a judge under paragraph (2) unless the Lord Chief Justice concurs.
6
In regulation 9, after paragraph (2) insert—
2A
The Lord Chancellor must not suspend or remove a judge from office under paragraph (2) unless the Lord Chief Justice concurs.
7
After regulation 12 insert—
Delegation by Lord Chief Justice13
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 these Regulations.
SCHEDULE 3Supplementary provision
Copyright, Designs and Patents Act 1988
In section 146(8) of the Copyright, Designs and Patents Act 198818, after “functions” in both places where it occurs insert “, or the person to be appointed is to exercise functions,”.