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
124

      (4)
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 this section.”
271   (1)
Section 20 (rules) is amended as follows.
5
      (2)
In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (3)
In subsection (2)—
(a)
for “Lord Chancellor” substitute “Lord Chief Justice”;
(b)
before paragraph (a) insert—
“(za)
the Lord Chancellor,”.
10
      (4)
After subsection (2) insert—
“(3)
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 of making the rules referred to in this section.”
272   (1)
Section 21 (duty to consult lay justices on matters affecting them etc) is
15
amended as follows.
      (2)
That section becomes subsection (1) of section 21.
      (3)
In that subsection after “Lord Chancellor” insert “and the Lord Chief
Justice”.
      (4)
After that subsection insert—
20
“(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.”
273
In section 22 (appointment of District Judges (Magistrates’ Courts)), in
subsection (5) after “Lord Chancellor may” insert “, with the concurrence of
25
the Lord Chief Justice,”.
274
In section 24 (Deputy District Judges (Magistrates’ Courts)), in subsection (4)
after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief
Justice,”.
275   (1)
Section 25 (District Judges (Magistrates’ Courts) as justices of the peace) is
30
amended as follows.
      (2)
In subsection (2), leave out “or on behalf of the Lord Chancellor” and insert
“the Lord Chief Justice, after consulting the Lord Chancellor”.
      (3)
After subsection (2) insert—
“(3)
The Lord Chief Justice may nominate a judicial office holder (as
35
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (2).”
276   (1)
Section 27 (justices’ clerks and assistant clerks) is amended as follows.
      (2)
In subsection (1)(b) after “Lord Chancellor” insert “, after consulting the
Lord Chief Justice,”.
40
      (3)
In subsection (3)—

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
125

(a)
in paragraph (a) after “must” insert “, after consulting the Lord Chief
Justice,”;
(b)
in paragraph (b) for “subsection (4)” substitute “subsections (4A) to
(4C)”.
      (4)
For subsection (4) substitute—
5
“(4A)
The Lord Chancellor may change an assignment of a justices’ clerk
so that he is no longer assigned to a local justice area (“the relevant
area”) only if the conditions in subsections (4B) and (4C) are met.
(4B)
Before changing the assignment, the Lord Chancellor must consult—
(a)
the chairman of the lay justices assigned to the relevant area,
10
or
(b)
if that is not possible or not practicable, the deputy chairman
or such of the lay justices assigned to or acting in the relevant
area as it appears to the Lord Chancellor appropriate to
consult.
15
(4C)
The Lord Chief Justice must agree to the change.”
      (5)
After subsection (6) insert—
“(6A)
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
277   (1)
Section 28 (functions) is amended as follows.
      (2)
In subsection (8) after “Lord Chancellor” insert “with the concurrence of the
Lord Chief Justice”.
      (3)
After subsection (9) insert—
“(10)
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.”
278   (1)
Section 30 (places, dates and times of sittings) is amended as follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
30
      (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
35
exercise his functions under subsection (1) or (7).”
279   (1)
Section 34 (costs in legal proceedings) is amended as follows.
      (2)
In subsection (5) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
126

      (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.”
280
For section 62 substitute—
5
“62
Head and Deputy Head of Civil Justice
(1)
The Master of the Rolls is Head of Civil Justice.
(2)
The Lord Chief Justice may appoint a person to be Deputy Head of
Civil Justice.
(3)
The Lord Chief Justice must not appoint a person under subsection
10
(2) unless these conditions are met—
(a)
the Lord Chief Justice has consulted the Lord Chancellor;
(b)
the person to be appointed is one of the following—
(i)
the Chancellor of the High Court;
(ii)
an ordinary judge of the Court of Appeal.
15
(4)
A person appointed as Deputy Head of Civil Justice holds that office
in accordance with the terms of his appointment.
(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.”
20
281   (1)
Section 64 (power to alter judicial titles) is amended as follows.
      (2)
In subsection (2)—
(a)
omit “Vice-Chancellor”;
(b)
insert at the appropriate place—
(i)
“Chancellor of the High Court”;
25
(ii)
“Deputy Head of Civil Justice”;
(iii)
“Deputy Head of Criminal Justice”;
(iv)
“Deputy Head of Family Justice”;
(v)
“Head of Civil Justice”;
(vi)
“Head of Criminal Justice”;
30
(vii)
“Head of Family Justice”;
(viii)
“President of the Courts of England and Wales”;
(ix)
“President of the Queen’s Bench Division”.
      (3)
After subsection (3) insert—
“(3A)
The Lord Chancellor may make an order under this section only with
35
the concurrence of the Lord Chief Justice.”
      (4)
In subsection (4)—
(a)
omit paragraph (a);
(b)
for paragraphs (c) and (d) substitute—
“(ba)
the President of the Queen’s Bench Division,
40
(c)
the President of the Family Division, and
(d)
the Chancellor of the High Court.”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
127

      (5)
After subsection (6) insert—
“(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 this section.”
282   (1)
Section 70 (Criminal Procedure Rule Committee) is amended as follows.
5
      (2)
In subsection (1) for paragraph (b) substitute—
“(b)
the persons currently appointed in accordance with
subsections (1A) and (1B).”
      (3)
After subsection (1) insert—
“(1A)
The Lord Chief Justice must appoint the persons falling within
10
paragraphs (a) to (e) of subsection (2).
(1B)
The Lord Chancellor must appoint the persons falling within
paragraphs (f) to (k) of subsection (2).”
      (4)
In subsection (2) for “The Lord Chancellor must appoint” substitute “The
persons to be appointed in accordance with subsections (1A) and (1B) are”.
15
      (5)
For subsection (3) substitute—
“(3)
Before appointing a person in accordance with subsection (1A), the
Lord Chief Justice must consult the Lord Chancellor.
(3A)
Before appointing a person in accordance with subsection (1B), the
Lord Chancellor must consult the Lord Chief Justice.”
20
      (6)
After subsection (5) insert—
“(5A)
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.”
283   (1)
Section 71 (power to change certain requirements relating to Committee) is
25
amended as follows.
      (2)
In subsection (1) for paragraph (a) substitute—
“(a)
amend section 70(2) or (3A), and”.
      (3)
For subsection (2) substitute—
“(2)
The Lord Chancellor may make an order under this section only with
30
the concurrence of the Lord Chief Justice.
(3)
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.”
284   (1)
Section 72 (process for making Criminal Procedure Rules) is amended as
35
follows.
      (2)
For subsections (3) and (4) substitute—
“(3)
The Lord Chancellor may, with the concurrence of the Secretary of
State, disallow rules so made.
(4)
If the Lord Chancellor disallows rules, he must give the Committee
40
written reasons for doing so.”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
128

      (3)
In subsection (5) for “, as allowed or altered” substitute “and allowed”.
285
After section 72 insert—
“72A
Rules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Criminal
Procedure Rules Committee written notice that he thinks it is
5
expedient for Criminal Procedure Rules to include provision that
would achieve a purpose specified in the notice.
(2)
The Committee must make such rules as it considers necessary to
achieve the specified purpose.
(3)
Those rules must be—
10
(a)
made within a reasonable period after the Lord Chancellor
gives notice to the Committee;
(b)
made in accordance with section 72.”
286   (1)
Section 73 (power to amend legislation in connection with Criminal
Procedure Rules) is amended as follows.
15
      (2)
That section becomes subsection (1) of section 73.
      (3)
In that subsection after “Secretary of State” insert “and after consulting the
Lord Chief Justice”.
      (4)
After that subsection insert—
“(2)
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.”
287   (1)
Section 77 (Family Procedure Rule Committee) is amended as follows.
      (2)
In subsection (1) for paragraph (b) substitute—
“(b)
the persons currently appointed in accordance with
25
subsections (1A) and (1B).”
      (3)
After subsection (1) insert—
“(1A)
The Lord Chief Justice must appoint the persons falling within
paragraphs (a) to (e) of subsection (2).
(1B)
The Lord Chancellor must appoint the persons falling within
30
paragraphs (f) to (o) of subsection (2).”
      (4)
In subsection (2) for “The Lord Chancellor must appoint” substitute “The
persons to be appointed in accordance with subsections (1A) and (1B) are”.
      (5)
In subsection (3) for “under subsection (2), Lord Chancellor must consult”
substitute “in accordance with subsection (1A), the Lord Chief Justice must
35
consult the Lord Chancellor and”.
      (6)
Omit subsection (4).
      (7)
In subsection (5) for “under subsection (2)(h) to (m), the Lord Chancellor
must consult” substitute “in accordance with subsection (1B), the Lord
Chancellor must consult the Lord Chief Justice and, if the person falls within
40
any of paragraphs (h) to (m) of subsection (2), must also consult”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
129

      (8)
After section (6) insert—
“(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 this section.”
288   (1)
Section 78 (power to amend certain requirements relating to Committee) is
5
amended as follows.
      (2)
In subsection (1)(a) after “Lord Chancellor” insert “or Lord Chief Justice”.
      (3)
After subsection (1) insert—
“(1A)
The Lord Chancellor may make an order under this section only with
the concurrence of the Lord Chief Justice.”
10
      (4)
After subsection (2) insert—
“(3)
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.”
289   (1)
Section 79 (process for making Family Procedure Rules) is amended as
15
follows.
      (2)
For subsections (3) and (4) substitute—
“(3)
The Lord Chancellor may disallow rules so made.
(4)
If the Lord Chancellor disallows rules, he must give the Committee
written reasons for doing so.”
20
      (3)
In subsection (5) for “, as allowed or altered” substitute “and allowed”.
290
After section 79 insert—
“79A
Rules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Family
Procedure Rules Committee written notice that he thinks it is
25
expedient for Family Procedure Rules to include provision that
would achieve a purpose specified in the notice.
(2)
The Committee must make such rules as it considers necessary to
achieve the specified purpose.
(3)
Those rules must be—
30
(a)
made within a reasonable period after the Lord Chancellor
gives notice to the Committee;
(b)
made in accordance with section 79.”
291   (1)
Section 80 (power to amend legislation in connection with the rules) is
amended as follows.
35
      (2)
That section becomes subsection (1) of section 80.
      (3)
In that subsection after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
130

      (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.”
292   (1)
Section 81 (practice directions relating to family proceedings) is amended as
5
follows.
      (2)
In subsection (1), before paragraph (a) insert—
“(za)
the civil division of the Court of Appeal,
(zb)
the High Court,”.
      (3)
After subsection (2) insert—
10
“(2A)
Directions as to the practice and procedure of any relevant court in
family proceedings (whether given under subsection (1) or
otherwise) may provide for any matter which, by virtue of
paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be
provided for by Civil Procedure Rules.”
15
      (4)
In subsection (3) for “magistrates’ courts and county courts (or any of them)”
substitute “any relevant court”.
      (5)
After subsection (4) (inserted by paragraph 9(5) of Schedule 2 to this Act)
insert—
“(5)
In this section—
20
“Civil Procedure Rules” has the same meaning as in the Civil
Procedure Act 1997;
“relevant court” means a court listed in subsection (1).”
293
In section 83 (Civil Procedure Rule Committee), omit subsection (3).
294
In section 92 (fees), in subsection (5) for paragraphs (c) and (d) substitute—
25
“(ba)
the President of the Queen’s Bench Division;
(c)
the President of the Family Division;
(d)
the Chancellor of the High Court;”.
295
In section 107 (interpretation), in subsection (6) omit “by the Lord
Chancellor”.
30
296
In section 108 (rules, regulations and orders), in subsections (1) and (6) after
“Lord Chancellor” insert “or Lord Chief Justice”.
297   (1)
Section 109 (minor and consequential amendments etc) is amended as
follows.
      (2)
In subsection (4)—
35
(a)
after “Lord Chancellor may” substitute “, after consulting the Lord
Chief Justice,”;
(b)
after “considers” insert “, after consulting the Lord Chief Justice,”.
      (3)
After subsection (6) insert—
“(7)
The Lord Chief Justice may nominate a judicial office holder (as
40
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”