Constitutional Reform Act 2005 (c. 4)

SCHEDULES

SCHEDULE 4 U.K. Other functions of the Lord Chancellor and organisation of the courts

Part 1 U.K. Amendments

Employment Tribunals Act 1996 (c. 17) U.K.

246 (1) Section 22 (membership of appeal tribunal) is amended as follows. U.K.

(2) In subsection (1)(a)—

(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice, after consulting the Lord Chancellor, ”;

(b) omit “(other than the Lord Chancellor)”.

(3) In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “ Lord Chief Justice shall ”.

(4) After subsection (3) insert—

“(3A) The Lord Chief Justice must not make an appointment under subsection (3) unless—

(a) he has consulted the Lord Chancellor, and

(b) the Lord President of the Court of Session agrees.”

(5) After subsection (4) insert—

“(5) 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.

(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 subsection (3A)(b).”