Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
103

Land Drainage Act 1991 (c. 59)
187   (1)
Section 31 of the Land Drainage Act 1991 (composition and incidental
powers of the Agricultural Land Tribunal) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Before drawing up, or revising, a panel under subsection (1), the
5
Lord Chancellor must consult the Lord Chief Justice.”
      (3)
After subsection (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
10
Tribunals and Inquiries Act 1992 (c. 53)
188   (1)
In section 7 of the Tribunal and Inquiries Act 1992 (concurrence required for
removal of members of certain tribunals), subsection (1) is amended as
follows.
      (2)
Omit “, other than the Lord Chancellor,”.
15
      (3)
In paragraphs (a) to (c) after “Lord Chancellor” in each place insert “(unless
he is the Minister terminating the person’s membership), the Lord Chief
Justice of England and Wales,”.
      (4)
In paragraph (d) after “Lord Chancellor” insert “(unless he is the Minister
terminating the person’s membership) and the Lord Chief Justice of England
20
and Wales”.
Judicial Pensions and Retirement Act 1993 (c. 8)
189
The Judicial Pensions and Retirement Act 1993 is amended as follows.
190   (1)
Section 2 (the judicial officer’s entitlement to a pension) is amended as
follows.
25
      (2)
In subsection (3)(b) after “by means of a medical certificate” insert “(and,
where the appropriate Minister is the Lord Chancellor, after consulting the
Lord Chief Justice of England and Wales)”.
      (3)
After subsection (8) insert—
“(9)
The Lord Chief Justice of England and Wales may nominate a
30
judicial office holder (as defined in section 95(4) of the Constitutional
Reform Act 2005) to exercise his functions under this section.”
191   (1)
Section 26 (retirement date for holders of certain judicial offices) is amended
as follows.
      (2)
For “appropriate minister” in each place substitute “appropriate person”.
35
      (3)
In subsection (7)—
(a)
in paragraph (a) omit “, unless he is the Lord Chancellor”;
(b)
in paragraph (b) omit “, unless he is the Lord Chancellor”.
      (4)
In subsection (12), after the definition of “appointed day” insert—
““the appropriate person” means—
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
104

(a)
the appropriate Minister in a case which falls within
paragraph (a) of the definition of the expression in
section 30;
(b)
in any other case, the Lord Chief Justice of England
and Wales;”.
5
      (5)
After subsection (12) insert—
“(13)
Where the Lord Chief Justice is the appropriate person, he must
obtain the concurrence of the Lord Chancellor before exercising any
functions under this section.
(14)
The Lord Chief Justice may nominate a judicial office holder (as
10
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
192
In Schedule 1 (offices which may be qualifying judicial offices) in Part 1
(judges) for the entries “President of the Family Division” and “Vice-
Chancellor” substitute—
15
“President of the Queen’s Bench Division
President of the Family Division
Chancellor of the High Court”.
193
In Schedule 5 (retirement provisions: the relevant offices), in the second
entry omit “, other than the Lord Chancellor”.
20
Bail (Amendment) Act 1993 (c. 26)
194
In section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal),
in subsection (12) in the definition of “magistrates’ court” and “court” for
“designated” to the end substitute “designated in accordance with section 67
or section 139 of the Extradition Act 2003”.
25
Welsh Language Act 1993 (c. 38)
195   (1)
Section 23 of the Welsh Language Act 1993 (oaths and affirmations) is
amended as follows.
      (2)
That section becomes subsection (1) of section 23.
      (3)
In that subsection after “Lord Chancellor may” insert “, after consulting the
30
Lord Chief Justice of England and Wales,”.
      (4)
After that subsection insert—
“(2)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
35
Local Government (Wales) Act 1994 (c. 19)
196   (1)
Section 55 of the Local Government (Wales) Act 1994 (magistrates’ courts,
justices of the peace etc) is amended as follows.
      (2)
In subsection (1)—
(a)
after “Lord Chancellor may” insert “, after consulting the Lord Chief
40
Justice,”;

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
105

(b)
for “he thinks necessary or expedient” substitute “the Lord
Chancellor thinks necessary or expedient, after consulting the Lord
Chief Justice,”.
      (3)
In subsection (3)—
(a)
after “Lord Chancellor may” insert “, after consulting the Lord Chief
5
Justice,”;
(b)
for “appears to him expedient” substitute “appears to the Lord
Chancellor to be expedient, after consulting the Lord Chief Justice,”.
197
After subsection (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder (as
10
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
Value Added Tax Act 1994 (c. 23)
198
The Value Added Tax Act 1994 is amended as follows.
199   (1)
Section 86 (appeals to the Court of Appeal) is amended as follows.
15
      (2)
In subsection (1) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice of England and Wales,”.
      (3)
After subsection (2) insert—
“(2A)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95 of the Constitutional Reform Act 2005) to
20
exercise his functions under this section.”
200   (1)
Schedule 12 (constitution and procedure of VAT tribunals) is amended as
follows.
      (2)
In paragraph 3 (tenure of office of President)—
(a)
after sub-paragraph (5) insert—
25
   “(5A)
The Lord Chancellor may remove a person from office
under sub-paragraph (4), or designate a person under sub-
paragraph (5), only with the concurrence of all of the
following—
(a)
the Lord Chief Justice of England and Wales;
30
(b)
the Lord President of the Court of Session;
(c)
the Lord Chief Justice of Northern Ireland.”;
(b)
after sub-paragraph (8) insert—
    “(9)
The Lord Chief Justice of England and Wales may
nominate a judicial office holder (as defined in section 95
35
of the Constitutional Reform Act 2005) to exercise his
functions under sub-paragraph (5A) in relation to the
designation of a person under sub-paragraph (5).
     (10)
The Lord President of the Court of Session may nominate
a judge of the Court of Session who is a member of the First
40
or Second Division of the Inner House of that Court to
exercise his functions under sub-paragraph (5A) in
relation to the designation of a person under sub-
paragraph (5).

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
106

     (11)
The Lord Chief Justice of Northern Ireland may nominate
any of the following to exercise his functions under sub-
paragraph (5A) in relation to the designation of a person
under sub-paragraph (5)—
(a)
the holder of one of the offices listed in Schedule 1
5
to the Justice (Northern Ireland) Act 2002 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of
that Act).”
      (3)
In paragraph 4—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 4;
10
(b)
after that sub-paragraph insert—
    “(2)
The powers of the Lord Chancellor under sub-paragraph
(1) may be exercised—
(a)
in relation to England and Wales only after
consulting the Lord Chief Justice of England and
15
Wales;
(b)
in relation to Northern Ireland only after
consulting the Lord Chief Justice of Northern
Ireland.
      (3)
The Lord Chief Justice of England and Wales may
20
nominate a judicial office holder (as defined in section
95(4) of the Constitutional Reform Act 2005) to exercise his
functions under this paragraph.
      (4)
The Lord Chief Justice of Northern Ireland may nominate
any of the following to exercise his functions under this
25
section—
(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).”
30
      (4)
In paragraph 7 (membership of panels), after sub-paragraph (7) insert—
“(7A)
Where the appropriate authority is the Lord
Chancellor, the power conferred by sub-paragraph
(7) may be exercised only with the concurrence of the
Lord Chief Justice of England and Wales.”
35
Trade Marks Act 1994 (c. 26)
201
In section 77 of the Trade Marks Act 1994 (persons appointed to hear and
determine appeals), after subsection (4) insert—
“(5)
The Lord Chancellor may remove a person from office under
subsection (3)(c) only with the concurrence of all of the following—
40
(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.”
Merchant Shipping Act 1995 (c. 21)
202
In section 297 of the Merchant Shipping Act 1995 (wreck commissioners),
45

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
107

after subsection (3) insert—
“(3A)
The Lord Chancellor may remove a wreck commissioner from office
only with the concurrence of—
(a)
the Lord Chief Justice of England and Wales, or
(b)
if the commissioner was appointed to act in Northern
5
Ireland, the Lord Chief Justice of Northern Ireland.”
Reserve Forces Act 1996 (c. 14)
203   (1)
Section 92 of the Reserve Forces Act 1996 (membership of tribunals etc) is
amended as follows.
      (2)
In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief
10
Justice of England and Wales, after consulting the Lord Chancellor,”.
      (3)
After subsection (3) insert—
“(4)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (1).”
15
Employment Tribunals Act 1996 (c. 17)
204
The Employment Tribunals Act 1996 is amended as follows.
205   (1)
Section 22 (membership of appeal tribunal) is amended as follows.
      (2)
In subsection (1)(a)—
(a)
for “by the Lord Chancellor” substitute “by the Lord Chief Justice,
20
after consulting the Lord Chancellor,”;
(b)
omit “(other than the Lord Chancellor)”.
      (3)
In subsection (1)(c) for the words from “joint” to “State” substitute
“recommendation of the Lord Chancellor”.
      (4)
In subsection (2) omit “and the Secretary of State”.
25
      (5)
In subsection (3)—
(a)
for “Lord Chancellor” substitute “Lord Chief Justice”;
(b)
after “consultation with” insert “the Lord Chancellor and”.
      (6)
After subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
30
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
206   (1)
Section 23 (temporary membership) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (3)
In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice”.
35
      (4)
After subsection (5) insert—
“(6)
The functions conferred on the Lord Chief Justice by the preceding
provisions of this section may be exercised only after consulting the
Lord Chancellor.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
108

(7)
The functions conferred on the Lord Chancellor by subsection (3)
may be exercised only after consultation with the Lord Chief Justice.
(8)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
5
207   (1)
Section 24 (temporary additional judicial membership) is amended as
follows.
      (2)
For subsection (1) substitute—
“(1)
This section applies if both of the following conditions are met—
(a)
the Lord Chancellor thinks that it is expedient, after
10
consulting the Lord Chief Justice, for a qualified person to be
appointed to be a temporary additional judge of the Appeal
Tribunal in order to facilitate in England and Wales the
disposal of business in the Appeal Tribunal;
(b)
the Lord Chancellor requests the Lord Chief Justice to make
15
such an appointment.
(1A)
The Lord Chief Justice may, after consulting the Lord Chancellor,
appoint a qualified person as mentioned in subsection (1)(a).
(1B)
An appointment under this section is—
(a)
for such period, or
20
(b)
on such occasions,

as the Lord Chief Justice determines, after consulting the Lord
Chancellor.”
      (3)
In subsection (2) for “subsection (1)” substitute “this section”.
      (4)
After subsection (3) insert—
25
“(4)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
208
In section 25 (tenure of appointed members) in subsection (4) after “Lord
Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
30
Arbitration Act 1996 (c. 23)
209
In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and
county court), after subsection (3) insert—
“(3A)
The Lord Chancellor must consult the Lord Chief Justice of England
and Wales or the Lord Chief Justice of Northern Ireland (as the case
35
may be) before making an order under this section.
(3B)
The Lord Chief Justice of England and Wales may nominate a
judicial office holder (as defined in section 95(4) of the Constitutional
Reform Act 2005) to exercise his functions under this section.
(3C)
The Lord Chief Justice of Northern Ireland may nominate any of the
40
following to exercise his functions under this section—
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002 (c. 26);

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
109

(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).”
Criminal Procedure and Investigations Act 1996 (c. 25)
210
In section 19 of the Criminal Procedure and Investigations Act 1996 (rules of
court), in subsection (3) for the words from “with any modifications” to the
end substitute “or such provision with modifications”.
5
Family Law Act 1996 (c. 27)
211
The Family Law Act 1996 is amended as follows.
212   (1)
Section 57 (jurisdiction of the courts) is amended as follows.
      (2)
In subsections (3), (4) and (5) after “Lord Chancellor may” insert “, after
consulting the Lord Chief Justice,”.
10
      (3)
In subsection (7) after “Lord Chancellor thinks appropriate” insert “, after
consulting the Lord Chief Justice”.
      (4)
In subsection (9) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (5)
In subsection (10) after “Lord Chancellor thinks expedient” insert “, after
15
consulting the Lord Chief Justice,”.
      (6)
After subsection (11) insert—
“(12)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
20
213   (1)
Section 61 (appeals) is amended as follows.
      (2)
In subsection (5) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (3)
After subsection (6) insert—
“(7)
The Lord Chief Justice may nominate a judicial office holder (as
25
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
Defamation Act 1996 (c. 31)
214
In section 9 of the Defamation Act 1996 (meaning of summary relief), after
subsection (2) insert—
30
“(2A)
The Lord Chancellor must consult the Lord Chief Justice of England
and Wales before making any order under subsection (1)(c).
(2B)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
35
Housing Act 1996 (c. 52)
215
The Housing Act 1996 is amended as follows.