|
| |
|
(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”. |
| |
| |
(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 |
| |
(2) | That section becomes subsection (1) of section 21. |
| |
(3) | In that subsection after “Lord Chancellor” insert “and the Lord Chief |
| |
| |
(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 |
| |
| |
275 (1) | Section 25 (District Judges (Magistrates’ Courts) as justices of the peace) is |
| 30 |
| |
(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 |
| |
| 40 |
| |
|
| |
|
| |
|
(a) | in paragraph (a) after “must” insert “, after consulting the Lord Chief |
| |
| |
(b) | in paragraph (b) for “subsection (4)” substitute “subsections (4A) to |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 30 |
(3) | In subsection (7) after “Lord Chancellor may” insert “, after consulting the |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| |
(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.” |
| |
| |
| |
(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.” |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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.” |
| |
|
| |
|
| |
|
(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. |
| |
| 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 |
| |
| |
(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”. |
| |
| |
(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”. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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. |
| |
| 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 |
| |
| 35 |
(2) | That section becomes subsection (1) of section 80. |
| |
(3) | In that subsection after “Lord Chancellor may” insert “, after consulting the |
| |
| |
|
| |
|
| |
|
(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 |
| |
(2) | In subsection (1), before paragraph (a) insert— |
| |
“(za) | the civil division of the Court of Appeal, |
| |
| |
(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) |
| |
| |
| 20 |
“Civil Procedure Rules” has the same meaning as in the Civil |
| |
| |
“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 |
| |
| 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 |
| |
| |
| 35 |
(a) | after “Lord Chancellor may” substitute “, after consulting the Lord |
| |
| |
(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.” |
| |
|
| |
|