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

Valid from 03/04/2006

County Courts Act 1984 (c. 28) U.K.

160 U.K. The County Courts Act 1984 is amended as follows.

161 (1) Section 2 (county court districts etc) is amended as follows. U.K.

(2) In subsection (1) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

(3) In subsection (3) after “given” insert “ , after consulting the Lord Chief Justice, ”.

(4) 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 subsection (1) or (3).”

162 (1) Section 3 (places and times of sittings) is amended as follows. U.K.

(2) In subsection (1) after “given” insert “ , after consulting the Lord Chief Justice, ”.

(3) 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 subsection (1).”

163 (1) Section 5 (judges of county courts) is amended as follows. U.K.

(2) In subsection (1) for “Lord Chancellor shall” substitute “ Lord Chief Justice shall, after consulting the Lord Chancellor, ”.

(3) In subsection (2) for “or on behalf of the Lord Chancellor” substitute “ the Lord Chief Justice after consulting the Lord Chancellor ”.

(4) In subsection (3) for “Lord Chancellor considers desirable” substitute “ Lord Chief Justice considers desirable after consulting the Lord Chancellor ”.

(5) In subsection (4)(a) for “Lord Chancellor may direct” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, direct ”.

(6) 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.”

164 (1) Section 11 (tenure of office) is amended as follows. U.K.

(2) In subsection (5) after “by the Lord Chancellor” insert “ , but only with the concurrence of the Lord Chief Justice ”.

(3) In subsection (6) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

165 U.K. In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—

“(3) The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(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 section.”

166 (1) Section 26 (districts for Admiralty purposes) is amended as follows. U.K.

(2) In subsection (1)—

(a) after “Lord Chancellor” insert “ and the Lord Chief Justice ”;

(b) for “him” substitute “ the Lord Chancellor ”.

(3) 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.”

167 U.K. In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “ under this section by the Lord Chancellor after consulting the Lord Chief Justice ”.

168 (1) Section 61 (right of audience by direction) is amended as follows. U.K.

(2) In subsection (1) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

(3) 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.”

169 U.K. Omit section 74A (practice directions).

170 U.K. In section 145 (power to raise monetary limits), after subsection (2) insert—

“(2A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).”