Constitutional Reform Bill [HL]

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Session 2004 - 05
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act
138

      (3)
For subsection (3) substitute—
“(3)
The members of the Family Proceedings Rule Committee, other than
those eligible to act by virtue of their office, are appointed under
subsection (3ZA) or (3ZB).
(3ZA)
The Lord Chief Justice must appoint the persons referred to in
5
paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the
Lord Chancellor.
(3ZB)
The Lord Chancellor must appoint the persons referred to in
paragraphs (f) and (g) of subsection (1), after consulting the Lord
Chief Justice.
10
(3ZC)
A person is to be appointed under subsection (3ZA) or (3ZB) for such
period as the Lord Chancellor determines after consulting the Lord
Chief Justice.”
      (4)
Omit subsection (5).
      (5)
In relation to the enactment referred to in this paragraph, the original
15
amending provision is paragraph 278(a) of the Courts Act 2003.
327   (1)
After section 40 insert—
“40A
Process for making rules of court under section 40
(1)
Family proceedings rules must be—
(a)
signed by a majority of the members of the Family
20
Proceedings Rule Committee, and
(b)
submitted to the Lord Chancellor.
(2)
The Lord Chancellor may allow or disallow rules so made.
(3)
If the Lord Chancellor disallows rules, he must give the Committee
written reasons for doing so.
25
(4)
Rules so made and allowed by the Lord Chancellor—
(a)
come into force on such day as the Lord Chancellor directs,
and
(b)
are to be contained in a statutory instrument to which the
Statutory Instruments Act 1946 applies as if the instrument
30
contained rules made by a Minister of the Crown.
(5)
A statutory instrument containing Family Proceedings rules is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(6)
In this section and section 40B “Family Proceedings rules” means
35
rules of court made under section 40.
40B
Rules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Family
Proceedings Rule Committee written notice that he thinks it is
expedient for Family Proceedings rules to include provision that
40
would achieve a purpose specified in the notice.
(2)
The Committee must make such Family Proceedings rules as it
considers necessary to achieve the specified purpose.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act
139

(3)
Those rules must be—
(a)
made within a reasonable period after the Lord Chancellor
gives notice to the Committee;
(b)
made in accordance with section 40A.”
      (2)
The enactment referred to in this paragraph, for the purposes of paragraph
5
308(3), is section 40 of the Matrimonial Proceedings Act 1984, and in relation
to that enactment the original amending provision is paragraph 278(a) of the
Courts Act 2003.
Social Security Administration Act 1992 (c. 5)
328   (1)
Schedule 2 of the Social Security Administration Act 1992 (Commissioners,
10
Tribunals etc — supplementary provisions) is amended as follows.
      (2)
In paragraph (1) (tenure of office), after sub-paragraph (5) insert—
“(5A)
The Lord Chancellor may exercise a power conferred on him by sub-
paragraph (4) above only with the concurrence of all of the
following—
15
(a)
the Lord Chief Justice;
(b)
the Lord President of the Court of Session.”
      (3)
In relation to the enactment referred to in this paragraph, the original
amending provision is section 39(3) of the Social Security Act 1998.
Civil Procedure Act 1997 (c. 12)
20
329   (1)
Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee)
is amended as follows.
      (2)
After subsection (8) insert—
“(9)
If the Lord Chancellor disallows rules under subsection (8), he must
give the Civil Procedure Rule Committee written reasons for doing
25
so.”
      (3)
In relation to the enactment referred to in this paragraph, the original
amending provision is section 85(1) of the Courts Act 2003 (c. 39).
Justices of the Peace Act 1997 (c. 25)
330   (1)
The Justices of the Peace Act 1997 is amended as follows.
30
      (2)
In relation to the enactments in that Act referred to below, the original
amending provision is section 6(4) of the Courts Act 2003.
331   (1)
Section 1 (Commission areas) is amended as follows.
      (2)
In subsection (2) for “by the Lord Chancellor by order made by statutory
instrument” substitute “by order made by the Lord Chancellor, after
35
consulting the Lord Chief Justice, by statutory instrument”.
      (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 this section.”
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act
140

332   (1)
Section 4 (petty sessions areas) is amended as follows.
      (2)
In subsection (2) for “by the Lord Chancellor by order made by statutory
instrument” substitute “by order made by the Lord Chancellor, after
consulting the Lord Chief Justice, by statutory instrument”.
      (3)
After subsection (3) insert—
5
“(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.”
333
In section 5 (appointment and removal of justices of the peace), in subsection
(1) for “in like manner” substitute “by the Lord Chancellor with the
10
concurrence of the Lord Chief Justice”.
334   (1)
Section 6 (residence qualification) is amended as follows.
      (2)
In subsection (3) for “Lord Chancellor is” substitute “Lord Chancellor and
the Lord Chief Justice are both”.
      (3)
After subsection (4) insert—
15
“(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.”
335
In section 7 (supplemental list for England and Wales), in subsection (4)—
(a)
after “Lord Chancellor may” insert “, with the concurrence of the
20
Lord Chief Justice,”;
(b)
for “Lord Chancellor is” substitute “Lord Chancellor and the Lord
Chief Justice are both”.
336
In section 8 (removal of name from supplemental list), in subsection (1) after
“Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
25
337   (1)
Section 9 (effect of entry of name in supplemental list) is amended as follows.
      (2)
In subsection (3) for “by the Lord Chancellor” substitute “by the Lord Chief
Justice”.
      (3)
After subsection (4) insert—
“(5)
The Lord Chief Justice may not give an authorisation under
30
subsection (3) unless the Lord Chancellor concurs.
(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).”
338
In section 10A (appointment and tenure), in subsection (3) after “Lord
35
Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
339
In section 10B (deputies), in subsection (2) after “Lord Chancellor” insert “,
with the concurrence of the Lord Chief Justice,”.
340   (1)
Section 10C (status) is amended as follows.
      (2)
In subsection (3) for “given by the Lord Chancellor from time to time”
40
substitute “given by the Lord Chief Justice from time to time after consulting
the Lord Chancellor”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act
141

      (3)
After subsection (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 this section.”
341   (1)
Section 24 (rules as to chairmanship and size of bench) is amended as
5
follows.
      (2)
In subsection (5) omit “by the Lord Chancellor”.
      (3)
After subsection (5) insert—
“(6)
Rules under this section that relate to the matters referred to in any
of paragraphs (c) to (e) of subsection (2) are to be made by the Lord
10
Chief Justice after consulting the Lord Chancellor.
(7)
Any other rules under this section are to be made by the Lord
Chancellor after consulting 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
15
exercise his functions under this section.”
342
In section 25 (records of justices of the peace) after subsection (4) insert—
“(5)
The Lord Chancellor must consult the Lord Chief Justice before—
(a)
designating a justice under subsection (1), or
(b)
giving a direction under subsection (2).
20
(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.”
343   (1)
Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as
follows.
25
      (2)
In subsection (2)—
(a)
in paragraph (a) after “Lord Chancellor” insert “or the Lord Chief
Justice”;
(b)
in paragraph (b)—
(i)
after “Lord Chancellor” in the first place insert “or the Lord
30
Chief Justice”;
(ii)
for “the Lord Chancellor” in the second place substitute “that
person, or those persons,”.
      (3)
In subsection (3)—
(a)
in paragraph (a) after “Lord Chancellor” insert “or the Lord Chief
35
Justice”;
(b)
in paragraph (b)—
(i)
after “Lord Chancellor” in the first place insert “or the Lord
Chief Justice”;
(ii)
for “the Lord Chancellor” in the second place substitute “that
40
person, or those persons,”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act
142

      (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.”
344   (1)
Section 27A (magistrates’ courts committees) is amended as follows.
5
      (2)
In subsection (2) for “by the Lord Chancellor by order made by statutory
instrument” substitute “by order made by the Lord Chancellor, after
consulting the Lord Chief Justice, by statutory instrument”.
      (3)
After subsection (3) insert—
“(4)
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.”
345   (1)
Section 27B (alteration of committee areas) is amended as follows.
      (2)
In subsection (4) before paragraph (a) insert—
“(za)
the Lord Chief Justice;”.
15
      (3)
After subsection (10) insert—
“(11)
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.”
346   (1)
Section 33 (alteration of petty sessions areas) is amended as follows.
20
      (2)
In subsection (2) after “Lord Chancellor” in the first place insert “after he has
consulted the Lord Chief Justice”.
      (3)
In subsection (3)—
(a)
in paragraph (a) after “Lord Chancellor thinks fit” insert “after
consulting the Lord Chief Justice”;
25
(b)
for paragraph (b) substitute—
“(b)
a magistrates’ court committee fail to comply within
six months with a direction under subsection (2);
(bb)
the Lord Chancellor is, after consulting the Lord Chief
Justice, dissatisfied with the draft order or report
30
submitted in pursuance of such a direction; or”.
      (4)
After subsection (3) insert—
“(3A)
The Lord Chancellor may only make an order to which subsection (3)
applies after consulting the Lord Chief Justice.”
      (5)
In subsection (4) after “appear to the Lord Chancellor” insert “, after
35
consulting the Lord Chief Justice,”.
      (6)
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.”
40
347   (1)
Section 53A (costs in legal proceedings) is amended as follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 2 — Amendments of or relating to enactments repealed or amended otherwise than by this Act
143

      (2)
In subsection (4) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
      (3)
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
5
exercise his functions under this section.”
348   (1)
Section 54 (indemnification of justices and justices’ clerks) is amended as
follows.
      (2)
In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief
Justice after consulting the Lord Chancellor”.
10
      (3)
After subsection (9) insert—
“(10)
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 (6).”
349   (1)
Section 64 (training courses) is amended as follows.
15
      (2)
In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief
Justice 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
20
exercise his functions under subsection (1).”
Data Protection Act 1998 (c. 29)
350   (1)
Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of
Tribunal in national security cases) is amended as follows.
      (2)
That paragraph becomes sub-paragraph (1) of paragraph 3.
25
      (3)
After that sub-paragraph insert—
    “(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;
30
(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.
35
      (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 any of
40
the following to exercise his functions under this section—

Constitutional Reform Bill [HL]
Schedule 5 — Speakership of the House of Lords
144

(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).”
      (4)
In relation to the enactment referred to in this paragraph, the original
5
amending provision is paragraph 2 of Schedule 4 to the Freedom of
Information Act 2000 (c. 36).
Schedule 5
Section 15

Speakership of the House of Lords
Clerk of the Parliaments Act 1824 (c. 82)
10
1     (1)
For the title to section 3 of the Clerk of the Parliaments Act 1824 substitute
“Appointment of other clerks officiating at the table”.
      (2)
In section 3 for “the lord chancellor or speaker of the House of Lords for the
time being” substitute “the Speaker of the House of Lords”.
Parliamentary Papers Act 1840 (c. 9)
15
2
In section 1 of the Parliamentary Papers Act 1840 (proceedings against
persons for publication of Parliamentary papers) for the words from “the
lord high chancellor” to “the time being” substitute “the Speaker of the
House of Lords”.
Church of England Assembly (Powers) Act 1919 (c. 76)
20
3
In section 2(2) of the Church of England Assembly (Powers) Act 1919
(members of Ecclesiastical Committee of both Houses of Parliament), for
“the Lord Chancellor” in both places substitute “the Speaker of the House of
Lords”.
Statutory Instruments Act 1946 (c. 36)
25
4     (1)
The Statutory Instruments Act is amended as follows.
      (2)
In section 4(1) (statutory instruments required to be laid before Parliament)
for “to the Lord Chancellor and to the Speaker of the House of Commons”
substitute “to the Speaker of the House of Commons and the Speaker of the
House of Lords”.
30
      (3)
In section 8(1) (regulations for the purposes of the Act) for “the Lord
Chancellor and the Speaker of the House of Commons” in each place
substitute “the Speaker of the House of Commons and the Speaker of the
House of Lords”.
Laying of Documents Before Parliament (Interpretation) Act 1948 (c. 59)
35
5     (1)
For the title to section 2 of the Laying of Documents Before Parliament
(Interpretation) Act 1948 substitute “Statutory Instruments Act 1946, s.4:
notification during vacancy of office of Speaker of either House”.