House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 13 March 2013
292

Crime and Courts Bill–[Lords], continued

‘6B
The powers to make regulations under this Part of this Schedule are

to be exercised with a view to ensuring, so far as may be practicable,

that the Commissioners who are lay members include at any time at

least one person who appears to have special knowledge of

Wales.”’.

Secretary Theresa May

Agreed to  25

Page  230,  line  13  [Schedule  13],  leave out sub-paragraphs (2) to (5).

Secretary Theresa May

Agreed to  26

Page  230,  line  45  [Schedule  13],  leave out ‘subsections (4) to’ and insert

‘subsection (4) or’.

Secretary Theresa May

Agreed to  27

Page  231,  line  28  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

Agreed to  28

Page  231,  line  40  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

Agreed to  29

Page  232,  line  5  [Schedule  13],  leave out ‘, (5A)(a), (5B) or (5C)(c)’ and insert ‘or

(5A)(a)’.

Secretary Theresa May

Agreed to  30

Page  232,  line  33  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

Agreed to  31

Page  232,  line  44  [Schedule  13],  at end insert ‘,

Report Stage Proceedings: 13 March 2013
293

Crime and Courts Bill–[Lords], continued


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

Agreed to  32

Page  233,  line  9  [Schedule  13],  leave out ‘, (6A)(a), (6B) or (6C)(c)’ and insert ‘or

(6A)(a)’.

Secretary Theresa May

Agreed to  33

Page  233,  line  41  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

Agreed to  34

Page  234,  line  4  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

Agreed to  35

Page  234,  line  13  [Schedule  13],  leave out ‘, (5ZA)(a), (5ZB) or (5ZC)(c)’ and

insert ‘or (5ZA)(a)’.

Secretary Theresa May

Agreed to  36

Page  234,  line  43  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

Agreed to  37

Page  235,  line  5  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

Agreed to  38

Page  235,  line  13  [Schedule  13],  leave out ‘, (3A)(a), (3B) or (3C)(c)’ and insert ‘or

(3A)(a)’.

Report Stage Proceedings: 13 March 2013
294

Crime and Courts Bill–[Lords], continued

Secretary Theresa May

Agreed to  39

Page  235,  line  38  [Schedule  13],  leave out ‘Chief Justice’ and insert ‘Chancellor’.

Secretary Theresa May

Agreed to  40

Page  236,  line  2  [Schedule  13],  at end insert ‘,


but only with any agreement of the Lord Chief Justice, or a

nominee of the Lord Chief Justice, that may be required by

those terms.’.

Secretary Theresa May

Agreed to  41

Page  236,  line  11  [Schedule  13],  leave out ‘, (4)(a), (4A) or (4B)(c)’ and insert ‘or

(4)(a)’.

Secretary Theresa May

Agreed to  42

Page  238  [Schedule  13],  leave out line 9.

Secretary Theresa May

Agreed to  43

Page  238  [Schedule  13],  leave out line 11.

Secretary Theresa May

Agreed to  44

Page  238,  line  12  [Schedule  13],  leave out ‘7(3A)(a)’ and insert ‘7(1)’.

Secretary Theresa May

Agreed to  45

Page  238  [Schedule  13],  leave out line 13.

Secretary Theresa May

Agreed to  46

Page  238  [Schedule  13],  leave out line 19.

Secretary Theresa May

Agreed to  47

Page  238,  line  19  [Schedule  13],  at end insert—

    ‘(3)
In section 46 (delegation of functions by Lord Chief Justice etc) after

subsection (6) insert—

“(7)
In Schedules 2 to 4 “senior judge” means—

(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, or

Report Stage Proceedings: 13 March 2013
295

Crime and Courts Bill–[Lords], continued

(d)
the Senior President of Tribunals.”’.

Secretary Theresa May

Agreed to  48

Page  239,  line  3  [Schedule  13],  leave out ‘Senior President of Tribunals’ and insert

‘Lord Chancellor’.

Secretary Theresa May

Agreed to  49

Page  239,  line  14  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

Agreed to  50

Page  240,  line  3  [Schedule  13],  leave out ‘Senior President of Tribunals’ and insert

‘Lord Chancellor’.

Secretary Theresa May

Agreed to  51

Page  240,  line  14  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

Agreed to  52

Page  240,  line  44  [Schedule  13],  leave out ‘Senior President of Tribunals’ and

insert ‘Lord Chancellor’.

Secretary Theresa May

Agreed to  53

Page  241,  line  8  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Report Stage Proceedings: 13 March 2013
296

Crime and Courts Bill–[Lords], continued

Secretary Theresa May

Agreed to  54

Page  242,  line  42  [Schedule  13],  leave out ‘Senior President of Tribunals’ and

insert ‘Lord Chancellor’.

Secretary Theresa May

Agreed to  55

Page  243,  line  7  [Schedule  13],  at end insert ‘,


but only with any agreement of a senior judge (see section

46(7)), or a nominee of a senior judge, that may be required

by those terms.’.

Secretary Theresa May

Agreed to  56

Page  244,  line  5  [Schedule  13],  at end insert—

    ‘(5)
In the entry in Part 3 for Deputy Chief Coroner appointed under paragraph 2(5)

of Schedule 8 to the Coroners and Justice Act 2009, for “2(5)” substitute

“2(6)”.

      (6)
In paragraph 51 of Schedule 21 to the Coroners and Justice Act 2009 (which

inserts entries at the end of Part 3 of Schedule 14 to the 2005 Act)—

(a)
after “at the end of” insert “Table 1 of”, and

(b)
for “2(5)” substitute “2(6)”.


(Accordingly, the power to commence that paragraph 51 becomes a power to

commence it as amended by this sub-paragraph.)’.

Secretary Theresa May

Agreed to  57

Page  248,  line  11  [Schedule  13],  at end insert—

  ‘(3A)
Omit subsection (2A) (steps that are to be part of selection process).’.

Secretary Theresa May

Agreed to  58

Page  254,  line  37  [Schedule  13],  at end insert—

‘Changes in relation to selection process: consequential repeals

80A
Omit Part 4A of this Schedule (amendments which come into force on the

passing of this Act, but which are superseded on amendments made by this Part

of this Schedule being brought into force).

Report Stage Proceedings: 13 March 2013
297

Crime and Courts Bill–[Lords], continued

Part 4A

Selection of lord chief justice and heads of division: transitory provision

80B(1)
The Constitutional Reform Act 2005 is amended as follows.

      (2)
In section 70 (selection process for appointment of Lord Chief Justice or Head

of Division) after subsection (2) insert—

“(2A)
In determining the selection process to be applied, the panel must

ensure that the process—

(a)
includes consultation of the Lord Chancellor, and

(b)
if the request relates to a recommendation for an appointment

to the office of Lord Chief Justice, also includes consultation

of the First Minister for Wales.”

      (3)
For section 71 of the Constitutional Reform Act 2005 (selection panel for

appointment of Lord Chief Justice or Head of Division) substitute—

“71
Selection panel for appointment of Lord Chief Justice

(1)
This section applies where the request relates to a recommendation for

an appointment to the office of Lord Chief Justice.

(2)
The selection panel must consist of five members.

(3)
The first member is the chairman of the Commission, unless there is

no chairman of the Commission or the chairman of the Commission is

incapacitated.

(4)
If there is no chairman of the Commission or the chairman of the

Commission is incapacitated, the first member is a lay member of the

Commission selected by the lay members of the Commission other

than the chairman.

(5)
The second member is the most senior England and Wales Supreme

Court judge who is neither disqualified nor incapacitated, or that

judge’s nominee.

(6)
The third member is a lay member of the Commission designated by

the first member.

(7)
The fourth member is a member of the Commission designated by the

first member.

(8)
The fifth member is a person designated by the Lord Chief Justice,

unless subsection (10) applies.

(9)
Subsection (10) applies if—

(a)
there is no Lord Chief Justice, or

(b)
the Lord Chief Justice is incapacitated.

(10)
In those cases the most senior England and Wales Supreme Court

judge who is neither disqualified nor incapacitated must, after

consulting the first member, designate a person as the fifth member.

(11)
Only the following may be a nominee under subsection (5) or

designated under subsection (8) or (10)—

(a)
an England and Wales Supreme Court judge,

(b)
a Head of Division, or

Report Stage Proceedings: 13 March 2013
298

Crime and Courts Bill–[Lords], continued

(c)
an ordinary judge of the Court of Appeal in England and

Wales.

(12)
A person may not be a nominee under subsection (5), or be designated

under this section, if the person is disqualified.

(13)
Before designating a person under subsection (7) as the fourth

member, the first member must, if practicable, consult the Lord Chief

Justice.

(14)
The first member is the chairman of the panel.

(15)
A person is disqualified for the purposes of this section if—

(a)
the person is the Lord Chief Justice,

(b)
the office of Lord Chief Justice is vacant and the person is the

immediate previous holder of that office, or

(c)
the person is willing to be considered for selection.

71A
Selection panel for appointment of Head of Division

(1)
This section applies where the request relates to a recommendation for

an appointment to one of the following offices—

(a)
Master of the Rolls;

(b)
President of the Queen’s Bench Division;

(c)
President of the Family Division;

(d)
Chancellor of the High Court.

(2)
The selection panel must consist of five members.

(3)
The first member is the Lord Chief Justice or the Lord Chief Justice’s

nominee, unless subsection (9) applies.

(4)
Unless subsection (9) applies, the second member is the most senior

England and Wales Supreme Court judge who is neither disqualified

nor incapacitated, or that judge’s nominee.

(5)
The third member is the chairman of the Commission or the

chairman’s nominee, unless subsection (11) applies.

(6)
The fourth member is a lay member of the Commission designated by

the third member.

(7)
The fifth member is a person designated by the first member after

consulting the third member.

(8)
Subsection (9) applies if—

(a)
there is no Lord Chief Justice,

(b)
the Lord Chief Justice is disqualified, or

(c)
the Lord Chief Justice is incapacitated.

(9)
In those cases—

(a)
the most senior England and Wales Supreme Court judge who

is neither disqualified nor incapacitated, or that judge’s

nominee, is the first member, and

(b)
the second member is a person designated by the first

member.

(10)
Subsection (11) applies if—

(a)
there is no chairman of the Commision, or



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