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

Terrorism Act 2000 (c. 11) U.K.

287 U.K. The Terrorism Act 2000 is amended as follows.

288 (1) Section 74 (court for trial) is amended as follows. U.K.

(2) In subsection (1)—

(a) after “unless” insert “ the Lord Chief Justice of Northern Ireland directs that ”;

(b) in paragraph (a) omit from “the Lord Chancellor” to “directs that”;

(c) in paragraph (b) omit “the Lord Chief Justice of Northern Ireland directs that”.

(3) After subsection (1) insert—

“(1A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—

(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).”

289 (1) In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows. U.K.

(2) In sub-paragraph (1) after “direct” insert “after consulting 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”.

(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.

(5) 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.

(6) 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 (c. 26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”

290 (1) Schedule 8 (detention) is amended as follows. U.K.

(2) In paragraph 29 (warrants of further detention)—

(a) in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”;

(b) in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”;

(c) after sub-paragraph (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 sub-paragraph (4)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(c)—

(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).”