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
117

      (3)
In paragraph 4 (terms of office), after sub-paragraph (2) insert—
   “(2A)
The Lord Chancellor may remove a person under sub-paragraph
(2) 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;
5
(c)
the Lord Chief Justice of Northern Ireland.”
      (4)
In paragraph 8 (sittings) after “Lord Chancellor may” insert “, after
consulting the President of the Financial Services and Markets Tribunal,”.
Terrorism Act 2000 (c. 11)
244
The Terrorism Act 2000 is amended as follows.
10
245   (1)
In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4
(sittings) is amended as follows.
      (2)
In sub-paragraph (1) after “direct” insert “after consulting the following—
(a)
the Lord Chief Justice of England and Wales;
(b)
the Lord President of the Court of Session;
15
(c)
the Lord Chief Justice of Northern Ireland”.
      (3)
After sub-paragraph (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 this paragraph.
20
      (5)
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.
      (6)
The Lord Chief Justice of Northern Ireland may nominate any of
25
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 that
Act).”
30
246   (1)
Schedule 8 (detention) is amended as follows.
      (2)
In paragraph 29 (warrants of further detention)—
(a)
in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “by
the Lord Chief Justice of England and Wales after consulting the
Lord Chancellor”;
35
(b)
after sub-paragraph (4) insert—
    “(5)
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 sub-
paragraph (4)(a).”
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
118

Local Government Act 2000 (c. 22)
247   (1)
Section 76 of the Local Government Act 2000 (case tribunals and interim case
tribunals) is amended as follows.
      (2)
In subsection (9) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (3)
After subsection (9) insert—
5
“(9A)
The Lord Chief Justice must consult the Lord Chancellor before
specifying a member of the Panel in accordance with subsection (9).”
      (4)
In subsection (12) after “Lord Chancellor must” insert “consult the Lord
Chief Justice and”.
      (5)
After subsection (14) insert—
10
“(15)
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.”
Criminal Justice and Court Services Act 2000 (c. 43)
248   (1)
Schedule 1 of the Criminal Justice and Court Services Act 2000 (local
15
probation boards) is amended as follows.
      (2)
In paragraph 2 (membership)—
(a)
in sub-paragraph (2) for “Lord Chancellor” substitute “Lord Chief
Justice, after consulting the Lord Chancellor”;
(b)
after sub-paragraph (7) insert—
20
    “(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 sub-
paragraph (2).”
      (3)
In paragraph 3 (tenure of members), after sub-paragraph (3) insert—
25
   “(3A)
The power conferred by sub-paragraph (3) may be exercised by
the Lord Chancellor to remove a person appointed by him by
virtue of paragraph 2(2) only with the concurrence of the Lord
Chief Justice.”
International Criminal Court Act 2001 (c. 17)
30
249
Section 26 of the International Criminal Court Act 2001 (definitions) is
amended as follows—
(a)
that section becomes subsection (1) of section 26;
(b)
in that subsection for “by the Lord Chancellor” substitute “by the
Lord Chief Justice of England and Wales after consulting the Lord
35
Chancellor”;
(c)
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.”
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
119

Anti-terrorism, Crime and Security Act 2001 (c. 24)
250   (1)
In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens
Access Appeal Commission), paragraph 4 (sittings) is amended as follows.
      (2)
In sub-paragraph (1) after “direct” insert “after consulting the following—
(a)
the Lord Chief Justice of England and Wales;
5
(b)
the Lord President of the Court of Session;
(c)
the Lord Chief Justice of Northern Ireland.”
      (3)
After sub-paragraph (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
10
exercise his functions under sub-paragraph (1).
      (5)
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 sub-paragraph (1).
15
      (6)
The Lord Chief Justice of Northern Ireland may nominate any of
the following to exercise his functions under sub-paragraph (1)—
(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
20
Act).”
Land Registration Act 2002 (c. 9)
251
The Land Registration Act 2002 is amended as follows.
252   (1)
Section 127 (exercise of powers) is amended as follows.
      (2)
In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice, or
25
a judicial office holder (as defined in section 95(4) of the Constitutional
Reform Act 2005) nominated by him, after consulting the Lord Chancellor”.
      (3)
In subsection (2)(h) after “consumer affairs” insert “nominated by the Lord
Chancellor”.
253
In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-
30
paragraph (2) after “Lord Chancellor may” insert “, with the concurrence of
the Lord Chief Justice,”.
Enterprise Act 2002 (c. 40)
254
The Enterprise Act 2002 is amended as follows.
255   (1)
Section 268 (disqualification from office: general) is amended as follows.
35
      (2)
In subsection (7) for “Lord Chancellor” substitute “Lord Chief Justice of
England and Wales”.
      (3)
After subsection (15) insert—
“(16)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 95(4) of the Constitutional Reform Act 2005) to
40
exercise his functions under subsection (7).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
120

256
In paragraph 2 of Schedule 2 (tenure of members of Competition Appeal
Tribunal), after sub-paragraph (4) insert—
    “(5)
The Lord Chancellor may remove a person from office under sub-
paragraph (4) only with the concurrence of all of the following—
(a)
the Lord Chief Justice of England and Wales;
5
(b)
the Lord President of the Court of Session;
(c)
the Lord Chief Justice of Northern Ireland.”
Finance Act 2003 (c. 14)
257   (1)
Schedule 17 to the Finance Act 2003 (stamp duty land tax: General and
Special Commissioners, appeals and other proceedings) is amended as
10
follows.
      (2)
In paragraph 2 (regulations about determination of disputes), after sub-
paragraph (1) insert—
   “(1A)
The Lord Chancellor may make regulations under this paragraph
only after consulting all of the following—
15
(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.
     (1B)
The Lord Chief Justice of England and Wales may nominate a
judicial office holder (as defined in section 95(4) of the
20
Constitutional Reform Act 2005) to exercise his functions under
this paragraph.
     (1C)
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
25
under this paragraph.
     (1D)
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);
30
(b)
a Lord Justice of Appeal (as defined in section 88 of that
Act).”
      (3)
In paragraph 3 (regulations about jurisdiction of General or Special
Commissioners), after sub-paragraph (3) insert—
    “(4)
The Lord Chancellor may make regulations under this paragraph
35
only after consulting all 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.
      (5)
The Lord Chief Justice of England and Wales may nominate a
40
judicial office holder (as defined in section 95(4) of the
Constitutional Reform Act 2005) to exercise his functions under
this paragraph.
      (6)
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
45

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
121

Division of the Inner House of that Court to exercise his functions
under this section.
      (7)
The Lord Chief Justice of Northern Ireland may nominate any of
the following to exercise his functions under this section—
(a)
the holder of one of the offices listed in Schedule 1 to the
5
Justice (Northern Ireland) Act 2002 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of that
Act).”
      (4)
In paragraph 5 (regulations about quorum)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 5;
10
(b)
after that sub-paragraph—
    “(2)
The Lord Chancellor may make regulations under this
paragraph only after consulting all of the following—
(a)
the Lord Chief Justice of England and Wales;
(b)
the Lord President of the Court of Session;
15
(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.
20
      (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 section.
      (5)
The Lord Chief Justice of Northern Ireland may nominate
25
any of the 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;
(b)
a Lord Justice of Appeal (as defined in section 88 of
30
that Act).”
      (5)
In paragraph 11 (regulations), for sub-paragraph (1) substitute—
    “(1)
Any power to make regulations under this Schedule is
exercisable—
(a)
only with the consent of the Scottish Ministers;
35
(b)
subject to any other provision of this Schedule.”
Courts Act 2003 (c. 39)
258
The Courts Act 2003 is amended as follows.
259   (1)
In section 2 (Court officers, staff and services), in subsection (7) for
paragraphs (c) and (d) substitute—
40
“(c)
the President of the Queen’s Bench Division,
(d)
the President of the Family Division, and
(e)
the Chancellor of the High Court.”
260   (1)
Section 4 (establishment of courts boards) is amended as follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
122

      (2)
After subsection (5) insert—
“(5A)
Before making any order under subsection (2) or (4), the Lord
Chancellor must consult the Lord Chief Justice.”
      (3)
After subsection (7) insert—
“(7A)
The Lord Chief Justice may nominate a judicial office holder (as
5
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
261   (1)
Section 5 (functions of courts boards) is amended as follows.
      (2)
In subsection (5) after “Lord Chancellor must” insert “, after consulting the
Lord Chief Justice,”.
10
      (3)
In subsection (7) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (4)
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
15
exercise his functions under this section.”
262   (1)
Section 8 (local justice areas) is amended as follows.
      (2)
After subsection (5) insert—
“(5A)
Before making any order under subsection (2) or (4), the Lord
Chancellor must consult the Lord Chief Justice.”
20
      (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.”
263   (1)
Section 10 (appointment of lay justices etc) is amended as follows.
25
      (2)
In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (3)
In subsection (3) for “or on behalf of the Lord Chancellor” substitute “Lord
Chief Justice”.
      (4)
After subsection (5) insert—
“(6)
The functions conferred on the Lord Chief Justice by subsections (2)
30
and (3) may be exercised only after consulting the Lord Chancellor.
(7)
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 (2) or (3).”
264
In section 11 (resignation and removal of lay justices), in subsection (2)—
35
(a)
after “Lord Chancellor may” insert “, with the concurrence of the
Lord Chief Justice,”;
(b)
in paragraph (b) after “Lord Chancellor” insert “with the
concurrence of the Lord Chief Justice”.
265   (1)
Section 13 (entry of names in the supplemental list) 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
123

      (2)
In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice
may, with the concurrence of the Lord Chancellor,”.
      (3)
In subsection (5) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
      (4)
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 (3).”
266
In section 14 (removal of names from the supplemental list), in subsection
(2)(b) after “Lord Chancellor” insert “, with the concurrence of the Lord
10
Chief Justice,”.
267   (1)
Section 15 (lay justices’ allowances) is amended as follows.
      (2)
In subsection (7) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (3)
After subsection (8) insert—
“(9)
The Lord Chief Justice may nominate a judicial office holder (as
15
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (7).”
268
In section 16 (records of lay justices), after subsection (3) insert—
“(4)
The Lord Chancellor must consult the Lord Chief Justice before—
(a)
appointing a person under subsection (1), or
20
(b)
giving a direction under subsection (2).
(5)
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.”
269   (1)
Section 17 (chairman and deputy chairmen) is amended as follows.
25
      (2)
In subsection (3) for “Lord Chancellor, or a person acting on his behalf, may”
substitute “Lord Chief Justice may, with the concurrence of the Lord
Chancellor,”.
      (3)
After subsection (5) insert—
“(6)
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.”
270   (1)
Section 19 (training, development and appraisal of lay justices) is amended
as follows.
      (2)
In subsection (2) for “Lord Chancellor” in each place substitute “Lord Chief
35
Justice”.
      (3)
In subsection (3)—
(a)
for “Lord Chancellor” substitute “Lord Chief Justice”;
(b)
for “appropriate training and training materials” substitute “training
and training materials that appear to him, after consulting the Lord
40
Chancellor, to be appropriate”.