2006 No. 680
The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006
Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by sections 19 and 143 of the Constitutional Reform Act 20051.
Citation and commencement1
This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 and shall come into force on 3rd April 2006.
Transfer and modification of functions2
Schedule 1 has effect with respect to the transfer, modification and abolition of functions of the Lord Chancellor.
Supplementary provisions3
Schedule 2 has effect with respect to making provisions supplementary to those under the Constitutional Reform Act 2005.
SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor
Pensions Appeal Tribunals (England and Wales) Regulations 1926
1
The Pensions Appeal Tribunals (England and Wales) Regulations 19262 are amended as follows.
2
In regulation 39, after “Lord Chancellor” insert “, after consulting the Lord Chief Justice,”.
3
In regulation 40, after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.
4
After regulation 40 insert—
40A
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 regulation 39 or 40.
Treaty of Peace (Bulgaria) Order 19485
1
Article 1 of the Treaty of Peace (Bulgaria) Order 19483 is amended in accordance with this paragraph.
2
In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.
3
After paragraph (10) insert—
11
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 paragraph (5) of this Article.
Treaty of Peace (Hungary) Order 19486
1
Article 1 of the Treaty of Peace (Hungary) Order 19484 is amended in accordance with this paragraph.
2
In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.
3
After paragraph (10) insert—
11
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 paragraph (5) of this Article.
Treaty of Peace (Italy) Order 19487
1
Article 1 of the Treaty of Peace (Italy) Order 19485 is amended in accordance with this paragraph.
2
In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.
3
After paragraph (10) insert—
11
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 paragraph (5) of this Article.
Treaty of Peace (Roumania) Order 19488
1
Article 1 of the Treaty of Peace (Roumania) Order 19486 is amended in accordance with this paragraph.
2
In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.
3
After paragraph (10) insert—
11
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 paragraph (5) of this Article.
Town and Country Planning (Transfer of Property and Officers and Compensation to Officers) Regulations 1948
9
The Town and Country Planning (Transfer of Property and Officers and Compensation to Officers) Regulations 19487 are amended as follows.
10
In the definition of “tribunal” in regulation 14, after “Lord Chancellor” insert “and the Lord Chief Justice”.
11
After regulation 14 insert—
14A
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 regulation 14.
National Assistance (Compensation) Regulations 1948
12
The National Assistance (Compensation) Regulations 19488 are amended as follows.
13
In the definition of “tribunal” in regulation 2, after “Lord Chancellor” insert “and the Lord Chief Justice”.
14
After regulation 2 insert—
2A
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 regulation 2.
National Insurance and Civil Service (Superannuation) Rules 194815
1
Rule 1 of the National Insurance and Civil Service (Superannuation) Rules 19489 is amended in accordance with this paragraph.
2
In the definition of “tribunal” in paragraph (2), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
2A
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 (2).
Transferred Undertakings (Pensions of Employees) (No. 2) Regulations 195216
1
Regulation 1 of the Transferred Undertakings (Pensions of Employees) (No. 2) Regulations 195210 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).
British Transport Commission (Pensions of Employees) Regulations 195317
1
Regulation 1 of the British Transport Commission (Pensions of Employees) Regulations 195311 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).
Railway Clearing House Scheme Order 195418
1
Paragraph 5 of the Schedule to the Railway Clearing House Scheme Order 195412 is amended in accordance with this paragraph.
2
In sub-paragraph (1), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that sub-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 sub-paragraph (1).
Justices of the Peace Act 1949 (Compensation) Regulations 1954
19
The Justices of the Peace Act 1949 (Compensation) Regulations 195413 are amended as follows.
20
In the definition of “tribunal” in regulation 2 after “Lord Chancellor” insert “and the Lord Chief Justice”.
21
After regulation 2 insert—
2A
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 regulation 2.
Juvenile Courts (Constitution) Rules 195422
1
Rule 1 of the Juvenile Courts (Constitution) Rules 195414 is amended in accordance with this paragraph.
2
In paragraph (5)(b), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
After that paragraph insert—
6
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 paragraph (5)(b).
British Transport Reorganisation (Pensions of Employees) (No. 4) Order 196223
1
Article 1 of the British Transport Reorganisation (Pensions of Employees) (No. 4) Order 196215 is amended in accordance with this paragraph.
2
In the definition of “tribunal” in paragraph (4), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
4A
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 (4).
Local Government (Compensation) Regulations 196324
1
Regulation 2 of the Local Government (Compensation) Regulations 196316 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).
Water Officers (Compensation) Regulations 196425
1
Regulation 2 of the Water Officers (Compensation) Regulations 196417 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).
London Government (Compensation) Regulations 196426
1
Regulation 2 of the London Government (Compensation) Regulations 196418 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).
London Authorities (Staff) Order 1965
27
The London Authorities (Staff) Order 196519 is amended as follows.
28
1
Article 12 is amended in accordance with this paragraph.
2
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 under paragraph (1).
29
1
Article 13 is amended in accordance with this paragraph.
2
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 under paragraph (1).
30
1
Article 18 is amended in accordance with this paragraph.
2
After “Lord Chancellor” insert “and the Lord Chief Justice”.
3
At the end of that article add—
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 article.
Justices of the Peace Act 1949 (Compensation) Regulations 196531
1
Regulation 2 of the Justices of the Peace Act 1949 (Compensation) Regulations 196520 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—
1AA
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).
Clerks of the Peace and Justices' Clerks (Compensation) Regulations 196532
1
Regulation 2 of the Clerks of the Peace and Justices' Clerks (Compensation) Regulations 196521 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—
1AA
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).
Coroners (Compensation) Regulations 196533
1
Regulation 2 of the Coroners (Compensation) Regulations 196522 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).
Probation (Compensation) Regulations 196534
1
Regulation 2 of the Probation (Compensation) Regulations 196523 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—
1AA
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).
London Government (Probation Staff and Property) Order 1965
35
The London Government (Probation Staff and Property) Order 196524 is amended as follows.
36
1
Article 3 is amended in accordance with this paragraph.
2
In paragraph (6), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
6A
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 paragraph (6).
37
1
Article 4 is amended in accordance with this paragraph.
2
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 paragraph (1).
London Courts (Transfer of Staff) Order 1965
38
The London Courts (Transfer of Staff) Order 196525 is amended as follows.
39
1
Article 3 is amended in accordance with this paragraph.
2
In paragraph (6), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
6A
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 paragraph (6).
40
1
Article 4 is amended in accordance with this paragraph.
2
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 paragraph (1).
River Authorities (Compensation) Regulations 196541
1
Regulation 2 of the River Authorities (Compensation) Regulations 196526 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 (Pensions of Employees) (No. 2) Order 196842
1
Article 1 of the British Transport (Pensions of Employees) (No. 2) Order 196827 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).
Pensions Appeal Tribunals (England and Wales) Rules 1980
43
The Pensions Appeal Tribunals (England and Wales) Rules 198028 are amended as follows.
44
In rules 5A and 38, for “Lord Chancellor” substitute “Lord Chief Justice”.
45
After rule 38 insert—
Delegation by the Lord Chief Justice38A
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 rules 5A and 38.
District Probate Registries Order 198246
1
Article 4 of the District Probate Registries Order 198229 is amended in accordance with this paragraph.
2
That article becomes paragraph (1) of article 4.
3
In that paragraph, for “may be specified by the Lord Chancellor” substitute “the Lord Chancellor, after consulting the Lord Chief Justice, may specify”.
4
After that paragraph 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 referred to in rules 5A and 38.
Mental Health Review Tribunal Rules 198347
1
Rule 8 of the Mental Health Review Tribunal Rules 198330 is amended in accordance with this paragraph.
2
In paragraph (3), for “Lord Chancellor” substitute “Lord Chief Justice after consulting the Lord Chancellor”.
3
After that paragraph 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 referred to in paragraph (3).
Merchant Shipping (Formal Investigations) Rules 198548
1
Rule 17 of the Merchant Shipping (Formal Investigations) Rules 198531 is amended in accordance with this paragraph.
2
That rule becomes paragraph (1) of rule 17.
3
After paragraph (1)(c) insert—
;
d
the Lord Chancellor may appoint an assessor under rule 4(1) only with the concurrence of the Lord Chief Justice of Northern Ireland
4
After paragraph (1) insert—
2
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this rule—
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).
Crown Prosecution Service (Transfer of Staff) Regulations 198549
1
Regulation 9 of the Crown Prosecution Service (Transfer of Staff) Regulations 198532 is amended in accordance with this paragraph.
2
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 paragraph (1).
Family Proceedings Courts (Constitution) Rules 1991
50
The Family Proceedings Courts (Constitution) Rules 199133 are amended as follows.
51
1
Rule 5 is amended in accordance with this paragraph.
2
In paragraph (3), for “Lord Chancellor” in both places substitute “Lord Chief Justice”.
3
After paragraph (3) insert—
3A
Before exercising any of his functions referred to in paragraph (3) the Lord Chief Justice must consult the Lord Chancellor.
4
For paragraph (4) substitute—
4
The Lord Chief Justice may, after consulting the Lord Chancellor, remove from a panel any justice who, in the Lord Chief Justice’s opinion, is unsuitable to serve on a family proceedings court.
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 rule.
52
1
Rule 7 is amended in accordance with this paragraph.
2
In paragraph (6), for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor,”.
3
After that paragraph insert—
7
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 paragraph (6).
Antarctic Regulations 199553
1
Regulation 12 of the Antarctic Regulations 199534 is amended in accordance with this paragraph.
2
In paragraph (2), after “Lord Chancellor” insert “and the Lord Chief Justice”.
3
After that paragraph insert—
2A
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 paragraph (2).
Lands Tribunal Rules 199654
1
Rule 2 of the Lands Tribunal Rules 199635 is amended in accordance with this paragraph.
2
In the definition of “the registrar” in paragraph (1), after “Lord Chancellor” insert “, after consulting 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 “the registrar” in paragraph (1).
Standing Civilian Courts Order 199755
1
Article 29 of the Standing Civilian Courts Order 199736 is amended in accordance with this paragraph.
2
In paragraph (1), for “Lord Chancellor or a person authorised by him in that behalf” substitute “Lord Chief Justice”.
3
After paragraph (2) insert—
3
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 paragraph (1).
Prison Rules 199956
In rule 55B(1) of the Prison Rules 199937, for the words from “a Senior District Judge” to “under this rule” substitute “the Senior District Judge (Chief Magistrate)”.
Health Service Medicines (Price Control Appeals) Regulations 200057
1
Regulation 7 of the Health Service Medicines (Price Control Appeals) Regulations 200038 is amended in accordance with this paragraph.
2
After paragraph (3) insert—
3A
The Lord Chancellor may remove a person from office under paragraph (3)(b) only with the concurrence of the appropriate senior judge.
3B
The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
a
the person to be removed from office exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
b
the person to be removed from office exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.
Administration of Oaths (Summary Appeal Court) (Army) Order 200058
1
Article 2 of the Administration of Oaths (Summary Appeal Court) (Army) Order 200039 is amended in accordance with this paragraph.
2
In paragraph (2), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
After that paragraph insert—
2A
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 paragraph (2).
Administration of Oaths (Summary Appeal Court) (Air Force) Order 200059
1
Article 2 of the Administration of Oaths (Summary Appeal Court) (Air Force) Order 200040 is amended in accordance with this paragraph.
2
In paragraph (2), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
After that paragraph insert—
2A
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 paragraph (2).
Young Offender Institution Rules 200060
In rule 60B(1) of the Young Offender Institution Rules 200041, for the words from “a Senior District Judge” to “under this rule” substitute “the Senior District Judge (Chief Magistrate)”.
Court of Protection Rules 200161
In the definition of “judge” in rule 2(1) of the Court of Protection Rules 200142, for “Lord Chancellor” substitute “Lord Chief Justice”.
Court of Protection (Enduring Powers of Attorney) Rules 200162
In the definition of “judge” in rule 3(1) of the Court of Protection (Enduring Powers of Attorney) Rules 200143, for “Lord Chancellor” substitute “Lord Chief Justice”.
Railway Administration Order Rules 200163
1
Rule 10.2 of the Railway Administration Order Rules 200144 is amended in accordance with this paragraph
2
In paragraph (2), after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.
3
After 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 paragraph (2).
Land Registration (Acting Adjudicator) Regulations 200364
1
Regulation 2 of the Land Registration (Acting Adjudicator) Regulations 200345 is amended in accordance with this paragraph.
2
In paragraph (1), for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor”.
3
In paragraph (3)(c), after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
4
After 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 regulation.
Family Proceedings Courts (Constitution) (Greater London) Rules 2003
65
The Family Proceedings Courts (Constitution) (Greater London) Rules 200346 are amended as follows.
66
1
Rule 4 is amended in accordance with this paragraph.
2
Paragraph (2) becomes paragraph (1).
3
In paragraph (1), for “Lord Chancellor” substitute “Lord Chief Justice”.
4
After paragraph (1) insert—
2
Before nominating a justice under paragraph (1) the Lord Chief Justice must consult the Lord Chancellor.
5
For paragraph (4) substitute—
4
Subject to paragraph (6), the number of justices who are nominated under paragraph (1) shall be such as the Lord Chancellor determines to be sufficient for family proceedings courts in Greater London.
5
The Lord Chancellor must advise the Lord Chief Justice of his determination under paragraph (4).
6
The Lord Chief Justice may, with the concurrence of the Lord Chancellor, at any time nominate one or more additional justices to the panel.
7
A justice nominated under paragraph (6) shall serve on the panel for a term commencing on a date determined by the Lord Chancellor, and ending at the end of the period for which the other members of the panel were nominated.
8
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 rule.
67
1
Rule 5 is amended in accordance with this paragraph.
2
In paragraph (1)(d), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
For paragraph (3) substitute—
3
If the Lord Chief Justice considers that a member of the panel is unsuitable to serve in that capacity he may, with the concurrence of the Lord Chancellor, remove him from the panel.
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 paragraph (3).
68
For rule 6 substitute—
6
1
If a vacancy occurs in the membership of the panel, the Lord Chief Justice may nominate a justice to fill the vacancy.
2
Before nominating a justice under paragraph (1) the Lord Chief Justice must consult the Lord Chancellor.
3
A justice nominated under paragraph (1) shall serve on the panel for a term commencing on a date determined by the Lord Chancellor, and ending at the end of the period for which the other members of the panel were nominated.
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 rule.
69
1
Rule 8 is amended in accordance with this paragraph.
2
In paragraph (2), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
After paragraph (5) insert—
6
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 paragraph (2).
Sentencing Guidelines Council (Supplementary Provisions) Order 2004
70
The Sentencing Guidelines Council (Supplementary Provisions) Order 200447 is amended as follows.
71
1
Article 2 is amended in accordance with this paragraph.
2
In paragraph (2)(a), for “Lord Chancellor” substitute “Lord Chief Justice”.
3
After 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 paragraph (2)(a).
72
1
Article 3 is amended in accordance with this paragraph.
2
That article becomes paragraph (1) of article 3.
3
In paragraph (1), for “appropriate Minister may remove a judicial member or” substitute “Secretary of State may remove a”.
4
After paragraph (1) insert—
2
The Lord Chancellor may, with the concurrence of the Lord Chief Justice, remove a judicial member from the Council if he is satisfied that that member is—
a
incapable of continuing to be a member of the Council; or
b
has behaved in such a way that he is unfit to be a member of the Council.
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
73
The Employment Tribunals (Constitution and Rules of Procedure) Regulations 200448 are amended as follows.
74
1
Regulation 2 is amended in accordance with this paragraph.
2
That regulation becomes paragraph (1) of regulation 2.
3
In the definition of “President” in paragraph (1), for “appointed or nominated by the Lord Chancellor” substitute “appointed by the Lord Chancellor or nominated by the Lord Chief Justice”.
4
After paragraph (1) 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 regulation.
75
1
Regulation 4 is amended in accordance with this paragraph.
2
In paragraph (6), after “appointing office holder” insert “where that is the Lord President, or, where the appointing office holder is the Lord Chancellor, by the Lord Chief Justice after consulting the Lord Chancellor”.
3
After paragraph (6) insert—
7
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 regulation.
European Communities (Recognition of Professional Qualifications) (First General System) Regulations 200576
1
Schedule 4 of the European Communities (Recognition of Professional Qualifications) (First General System) Regulations 200549 is amended in accordance with this paragraph.
2
In paragraph 1, in the second column of the table, for “The Lord Chancellor” substitute “The Chancellor of the High Court”.
3
After paragraph 1 insert—
1A
The Chancellor of the High Court may nominate another judge of that court to exercise his functions under paragraph 1.
Justices of the Peace (Training and Appraisal) Rules 2005
77
The Justices of the Peace (Training and Appraisal) Rules 200550 are amended as follows.
78
In rule 12, for “Lord Chancellor” substitute “Lord Chief Justice”.
79
In rule 16(3)(b), for “if the Lord Chancellor does so” substitute “if, after consulting the Lord Chief Justice, the Lord Chancellor agrees to the application”.
80
In rule 21(3) and (4), for “Lord Chancellor” substitute “Lord Chief Justice”.
81
After rule 21 insert—
Delegation of functions by the Lord Chief Justice22
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 Rules.
SCHEDULE 2Supplementary provisions
Criminal Appeal (Northern Ireland) Rules 19681
In the definition of “shorthand writer” in rule 2(1) of the Criminal Appeal (Northern Ireland) Rules 196851, for “Lord Chief Justice” substitute “Lord Chancellor under rule 25”.
Pensions Appeal Tribunals (Posthumous Appeals) Order 19802
Omit Article 11(d) of the Pensions Appeal Tribunals (Posthumous Appeals) Order 198052.
Judicial Pensions (Requisite Benefits) Order 19883
In Schedule 1 to the Judicial Pensions (Requisite Benefits) Order 198853, omit “, other than the Lord Chancellor,”.
Housing (Preservation of Right to Buy) Regulations 19934
In Schedule 2 to the Housing (Preservation of Right to Buy) Regulations 199354 (which sets out a modified version of Part V of the Housing Act 1985 as it applies by virtue of those Regulations), omit the text of section 181(4) and (5) of the Housing Act 1985.
Insolvent Partnerships Order 1994
5
The Insolvent Partnerships Order 199455 is amended as follows.
6
1
The modified text of section 117 of the Insolvency Act 198656 as set out in each of—
a
paragraph 6 of Schedule 3; and
b
paragraph 1 of Schedule 5,
is amended in accordance with this paragraph.
2
In subsection (5), for “may by order” substitute “may, with the concurrence of the Lord Chief Justice, by order”.
3
After subsection (7) insert—
8
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
The modified text of section 117 of the Insolvency Act 1986 as set out in each of—
a
paragraph 5 of Schedule 4; and
b
paragraph 1 of Schedule 6,
is amended in accordance with this paragraph.
2
In subsection (7), for “may by order” substitute “may, with the concurrence of the Lord Chief Justice, by order”.
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.
Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 19968
In article 2(1)(iii) of the Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 199657, for “Lord Chancellor” substitute “Lord Chief Justice”.
Housing (Right to Acquire) Regulations 19979
In Schedule 2 to the Housing (Right to Acquire) Regulations 199758 (which sets out a modified version of Part V of the Housing Act 1985 as it applies by virtue of those Regulations), omit the text of section 181(4) and (5) of the Housing Act 1985.
Local Probation Boards (Appointments and Miscellaneous Provisions) Regulations 200110
In regulation 2(1) of the Local Probation Boards (Appointments and Miscellaneous Provisions) Regulations 200159, for “Lord Chancellor” substitute “Lord Chief Justice”.
Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 200511
In article 8(3) of the Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 200560, for “Lord Chancellor” substitute “Lord Chief Justice”.
(This note is not part of the Order)