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
110

216
In section 138 (introductory tenancies: jurisdiction of county court), omit
subsections (4) to (6) (rules and directions).
217
In section 143N (demoted tenancies: jurisdiction of county court), omit
subsections (5) to (7) (rules and directions).
Education Act 1996 (c. 56)
5
218
In section 334 of the Education Act 1996 (Special Educational Needs
Tribunal: President and members), in subsection (3)—
(a)
after “Lord Chancellor” in the first place insert “and of the Lord Chief
Justice”;
(b)
after “Lord Chancellor may” insert “, with the concurrence of the
10
Lord Chief Justice,”.
Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)
219
In the Schedule (model rules for appeals) to the Deregulation (Model Appeal
Provisions) Order 1996, after paragraph 6(3) insert—
   “(3A)
The Lord Chancellor may exercise his power under sub-
15
paragraph (3) to remove a person appointed to the panel of
chairmen for England and Wales only with the concurrence of the
Lord Chief Justice.”
Civil Procedure Act 1997 (c. 12)
220
The Civil Procedure Act 1997 is amended as follows.
20
221   (1)
Section 2 (Civil Procedure Rule Committee) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
Civil Procedure Rules are to be made by a committee known as the
Civil Procedure Rule Committee, which is to consist of the following
persons—
25
(a)
the Head of Civil Justice;
(b)
the Deputy Head of Civil Justice (if there is one);
(c)
the persons currently appointed in accordance with
subsections (1A) and (1B).
(1A)
The Lord Chief Justice must appoint the persons falling within
30
paragraphs (a) to (d) of subsection (2).
(1B)
The Lord Chancellor must appoint the persons falling within
paragraphs (e) to (g) of subsection (2).”
      (3)
In subsection (2) for “The Lord Chancellor must appoint” substitute “The
persons to be appointed in accordance with subsections (1A) and (1B) are”.
35
      (4)
For subsection (3) substitute—
“(3)
Before appointing a person in accordance with subsection (1A), the
Lord Chief Justice must consult the Lord Chancellor.”
      (5)
In subsection (4) for “under paragraph (e) or (f) of subsection (2), the Lord
Chancellor must consult” substitute “in accordance with subsection (1B), the
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
111

Lord Chancellor must consult the Lord Chief Justice and, if the person falls
within paragraph (e) or (f) of subsection (2), must also consult”.
      (6)
After subsection (8) insert—
“(9)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
5
exercise his functions under this section.”
222   (1)
Section 2A (power to change certain requirements relating to Committee) is
amended as follows.
      (2)
In subsection (1) for paragraph (a) substitute—
“(a)
amend section 2(2), (3) or (4), and”.
10
      (3)
For subsection (2) substitute—
“(2)
The Lord Chancellor may make an order under this section only with
the concurrence of the Lord Chief Justice.
(2A)
Before making an order under this section the Lord Chancellor must
consult the following persons—
15
(a)
the Head of Civil Justice;
(b)
the Deputy Head of Civil Justice (if there is one).
(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.”
20
223   (1)
Section 3 (process for making Civil Procedure rules) (as amended by section
85 of the Courts Act 2003 (c. 39)) is amended as follows.
      (2)
For subsections (3) and (4) substitute—
“(3)
The Lord Chancellor may allow or disallow Rules so made.
(4)
If the Lord Chancellor disallows Rules, he must give the Committee
25
written reasons for doing so.”
      (3)
In subsection (5) for “, as allowed or altered” substitute “and allowed”.
      (4)
In subsection (6) omit “Subject to subsection (7),”.
      (5)
Omit subsection (7).
224
After section 3 insert—
30
“3A
Rules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Civil Procedure
Rules Committee written notice that he thinks it is expedient for Civil
Procedure Rules to include provision that would achieve a purpose
specified in the notice.
35
(2)
The Committee must make such Rules as it considers necessary to
achieve the specified purpose.
(3)
Those rules must be—
(a)
made within a reasonable period after the Lord Chancellor
gives notice to the Committee;
40
(b)
made in accordance with section 3.”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
112

225   (1)
Section 4 (power to make consequential amendments) (as amended by
section 85 of the Courts Act 2003 (c. 39)) is amended as follows.
      (2)
In subsections (1) and (2) after “Lord Chancellor may” insert “, after
consulting the Lord Chief Justice,”.
      (3)
After subsection (5) insert—
5
“(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 subsection (1) or (2).”
226   (1)
Section 6 (Civil Justice Council) is amended as follows.
      (2)
After subsection (2) insert—
10
“(2A)
The Lord Chancellor must decide the following questions—
(a)
how many members of the Council are to be drawn from each
of the groups mentioned in subsection (2);
(b)
how many other members the Council is to have.
(2B)
It is for—
15
(a)
the Lord Chief Justice to appoint members of the judiciary to
the Council;
(b)
the Lord Chancellor to appoint other persons to the Council.”
      (3)
After subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
20
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
Plant Varieties Act 1997 (c. 66)
227   (1)
Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds
Tribunal) is amended as follows.
25
      (2)
In paragraph 5 (duration of appointment), after sub-paragraph (5) insert—
   “(5A)
Where the appointing authority is the Lord Chancellor, the power
conferred by sub-paragraph (5) may be exercised only with the
concurrence of the Lord Chief Justice of England and Wales.”
      (3)
In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets
30
substitute “(which makes it necessary to obtain the concurrence of the Lord
Chancellor and certain judicial office holders to dismissals in certain cases)”.
Social Security Act 1998 (c. 14)
228
The Social Security Act 1998 is amended as follows.
229
In section 6 (panel for appointment to appeal tribunals), in subsection (5) for
35
“A person may be removed from the panel by the Lord Chancellor”
substitute “The Lord Chancellor may, with the concurrence of the Lord
Chief Justice and the Lord President of the Court of Session, remove a person
from the panel”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
113

230
In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph
1(3) (tenure of office) after “by the Lord Chancellor” insert “, with the
concurrence of the Lord Chief Justice,”.
231
In Schedule 4 (Social Security Commissioners), in paragraph 5 (removal)
after sub-paragraph (1) insert—
5
   “(1A)
The Lord Chancellor may remove a person under sub-paragraph
(1) only with the concurrence of the following—
(a)
the Lord Chief Justice;
(b)
the Lord President of the Court of Session.”
Data Protection Act 1998 (c. 29)
10
232   (1)
Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as
amended by paragraph 2 of Schedule 4 to the Freedom of Information Act
2000 (c. 36)) is amended as follows.
      (2)
In paragraph 2 (designation of persons to hear appeals in national security
cases), after sub-paragraph (2) insert—
15
“(3)
The Lord Chancellor may make, or revoke, a designation under this
paragraph only with the concurrence of all of the following—
(a)
the Lord Chief Justice;
(b)
the Lord President of the Court of Session;
(c)
the Lord Chief Justice of Northern Ireland.
20
(4)
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 sub-paragraph (3)
so far as they relate to a designation under this paragraph.
(5)
The Lord President of the Court of Session may nominate a judge of
25
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 sub-
paragraph (3) so far as they relate to a designation under this
paragraph.
(6)
The Lord Chief Justice of Northern Ireland may nominate any of the
30
following to exercise his functions under sub-paragraph (3) so far as
they relate to a designation under this paragraph—
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).”
35
      (3)
In paragraph 3 (constitution of Tribunal in national security cases) (as
substituted by paragraph 2 of Schedule 4 to the Freedom of Information Act
2000)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 3;
(b)
after that sub-paragraph insert—
40
    “(2)
The Lord Chancellor may designate a person to preside
under this paragraph only with the concurrence of all of
the following—
(a)
the Lord Chief Justice of England and Wales;
(b)
the Lord President of the Court of Session;
45

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
114

(c)
the Lord Chief Justice of Northern Ireland.
      (3)
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 paragraph.
5
      (4)
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.
      (5)
The Lord Chief Justice of Northern Ireland may nominate
10
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 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of
15
that Act).”
Crime and Disorder Act 1998 (c. 37)
233
The Crime and Disorder Act 1998 (powers of magistrates’ courts exercisable
by single justice etc) is amended as follows.
234   (1)
Section 10 (appeals against parenting orders) is amended as follows.
20
      (2)
In subsection (6) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
      (3)
After subsection (7) insert—
“(8)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95 of the Constitutional Reform Act 2005) to
25
exercise his functions under this section.”
Human Rights Act 1998 (c. 42)
235   (1)
Section 18 of the Human Rights Act 1998 (appointment to ECHR) is
amended as follows.
      (2)
In subsection (7), after “considers appropriate” insert “(in the case of the
30
Lord Chancellor, after consulting the Lord Chief Justice of England and
Wales)”.
      (3)
After subsection (7) insert—
“(7A)
Before making an order under subsection (7) the Lord Chancellor
must consult the Lord Chief Justice of England and Wales.
35
(7B)
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.”
Access to Justice Act 1999 (c. 22)
236
The Access to Justice Act 1999 is amended as follows.
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
115

237   (1)
Section 56 (power to prescribe alternative destination of appeals) is
amended as follows.
      (2)
In subsection (4) for paragraphs (c) and (d) substitute—
“(c)
the President of the Queen’s Bench Division,
(d)
the President of the Family Division, and
5
(e)
the Chancellor of the High Court.”
      (3)
After subsection (7) insert—
“(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.”
10
238   (1)
Section 68 (judges holding office in European or international courts) is
amended as follows.
      (2)
In the definition of “relevant international court” in subsection (2), for
paragraph (b) substitute—
“(b)
any international court (apart from the European Court of
15
Human Rights) which—
(i)
is designated in relation to the holder of any United
Kingdom judicial office specified in paragraph (a) or
(c) of the definition in subsection (2) by the Lord
Chancellor, or
20
(ii)
is designated in relation to the holder of any United
Kingdom judicial office specified in paragraph (b) of
the definition in subsection (2) by the Secretary of
State.”
      (3)
After subsection (7) insert—
25
“(8)
The Lord Chancellor may exercise functions conferred on him by this
section only after consulting the Lord Chief Justice of England and
Wales.
(9)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
30
exercise his functions under subsection (8).”
239   (1)
Section 69 (Vice-President of Queen’s Bench division) is amended as
follows.
      (2)
In subsection (1) for “Lord Chancellor may” substitute “Lord Chief Justice
may, after consulting the Lord Chancellor,”.
35
      (3)
After subsection (1) insert—
“(1A)
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).”
Immigration and Asylum Act 1999 (c. 33)
40
240
The Immigration and Asylum Act 1999 is amended as follows.
241   (1)
Section 53 (applications for bail in immigration cases) is amended as follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
116

      (2)
After subsection (6) insert—
“(6A)
Before giving his approval under subsection (6) the Lord Chancellor
must consult the Lord Chief Justice of England and Wales.”
      (3)
For subsection (7) substitute—
“(7)
Subsection (6A) does not apply insofar as regulations under this
5
section relate to the sheriff or the Court of Session; but in such a case
the Lord Chancellor must obtain the consent of the Scottish Ministers
before giving his approval under subsection (6).”
      (4)
After subsection (7) insert—
“(8)
The Lord Chief Justice of England and Wales may nominate a
10
judicial office holder (as defined in section 95(4) of the Constitutional
Reform Act 2005) to exercise his functions under this section.”
242
In Schedule 7 (Immigration Services Tribunal), in paragraph 3 (terms and
conditions of appointment of members) after sub-paragraph (4) insert—
    “(5)
The Lord Chancellor may dismiss a person under sub-paragraph
15
(4) only with the concurrence of the following—
(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.”
Financial Services and Markets Act 2000 (c. 8)
20
243   (1)
Schedule 13 (Financial Services and Markets Tribunal) of the Financial
Services and Markets Act 2000 is amended as follows.
      (2)
In paragraph 2 (president of the tribunal), after sub-paragraph (7) insert—
    “(8)
The Lord Chancellor may appoint a person under sub-paragraph
(7)(b) only after consulting the following—
25
(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.
      (9)
The Lord Chief Justice of England and Wales may nominate a
judicial office holder (as defined in section 95(4) of the
30
Constitutional Reform Act 2005) to exercise his functions under
this paragraph.
     (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 or Second
Division of the Inner House of that Court to exercise his functions
35
under this paragraph.
     (11)
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 (c. 26);
40
(b)
a Lord Justice of Appeal (as defined in section 88 of that
Act).”