SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation
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).