Session 2012 - 13
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31

117

Page 232, leave out line 44

118

Page 232, line 44, 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

 

(d)    

the Senior President of Tribunals.””

119

Page 233, line 29, leave out “Senior President of Tribunals” and insert “Lord

 

Chancellor”

120

Page 233, line 40, 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.”

121

Page 234, line 30, leave out “Senior President of Tribunals” and insert “Lord

 

Chancellor”

122

Page 234, line 41, 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.”

123

Page 235, line 24, leave out “Senior President of Tribunals” and insert “Lord

 

Chancellor”

124

Page 235, line 35, 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.”

125

Page 237, line 23, leave out “Senior President of Tribunals” and insert “Lord

 

Chancellor”

126

Page 237, line 34, 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.”

127

Page 238, line 33, 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)”.

 
 

 
 

32

 
 

            

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

 

power to commence it as amended by this sub-paragraph.)”

128

Page 242, line 32, at end insert—

 

  “(3A)  

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

129

Page 249, line 16, 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).

 

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.

 
 

 
 

33

 
 

(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

 

(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.

 
 

 
 

34

 
 

(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 Commission, or

 

(b)    

the chairman of the Commission is incapacitated.

 

(11)    

In those cases the third member of the Commission is a lay

 

member of the Commission selected by the lay members of the

 

Commission other than the chairman.

 

(12)    

Only the following may be a nominee under subsection (3), (4) or

 

(9)(a) or designated under subsection (9)(b)—

 

(a)    

an England and Wales Supreme Court judge,

 

(b)    

a Head of Division, or

 

(c)    

an ordinary judge of the Court of Appeal in England and

 

Wales.

 

(13)    

Only a lay member of the Commission may be a nominee under

 

subsection (5).

 

(14)    

Only the following may be designated under subsection (7)—

 

(a)    

an England and Wales Supreme Court judge,

 

(b)    

a senior judge (as defined by section 109(5)),

 

(c)    

the holder of an office listed in Schedule 14, or

 

(d)    

a member of the Commission.

 

(15)    

A person may not be a nominee under this section, or be

 

designated under this section, if the person is disqualified.

 

(16)    

The first member is the chairman of the panel.

 

(17)    

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

 

(a)    

the person is the current holder of the office for which a

 

selection is to be made, or

 

(b)    

the person is willing to be considered for selection.

 
 

 
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Revised 25 March 2013