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 11 — The Judicial Appointments and Conduct Ombudsman
204

Powers of the Ombudsman
9     (1)
The Ombudsman does not have power to do any of the following—
(a)
to borrow money;
(b)
to hold real property;
(c)
to appoint staff (except by way of arrangements under paragraph
5
10).
      (2)
Subject to sub-paragraph (1), the Ombudsman may do anything calculated
to facilitate, or incidental or conducive to, the carrying out of any of his
functions.
      (3)
Nothing in this Schedule is to be read as limiting the generality of sub-
10
paragraph (1).
Arrangements for assistance
10    (1)
The Ombudsman may make arrangements with such persons as he
considers appropriate for assistance to be provided to him.
      (2)
Arrangements may include the paying of fees to such persons.
15
      (3)
No arrangements may be made under this paragraph unless approved by
the Minister.
Arrangements by the Minister
11
Unless the Ombudsman has made arrangements under paragraph 10, the
Minister may make arrangements for assistance to be provided to the
20
Ombudsman.
Delegation of functions
12    (1)
The Ombudsman may delegate any functions to—
(a)
any person with whom arrangements are made under paragraph 10
or 11, or
25
(b)
any person providing assistance to the Ombudsman in pursuance of
such arrangements.
      (2)
But all recommendations and reports prepared by or on behalf of the
Ombudsman must be signed by him.
Financial provisions and directions
30
13    (1)
Expenditure incurred by the Ombudsman in the discharge of his functions
is to be met by the Minister.
      (2)
The Minister may by direction require the Ombudsman—
(a)
not to incur costs and expenditure in excess of a specified amount
without his consent;
35
(b)
to follow specified procedures in relation to his costs and
expenditure.
      (3)
A direction under sub-paragraph (2) may relate to all of the Ombudsman’s
costs and expenditure, or to costs and expenditure of a specified description.

Constitutional Reform Bill [HL]
Schedule 11 — The Judicial Appointments and Conduct Ombudsman
205

Reports
14    (1)
The Ombudsman must, as soon as practicable after the end of each financial
year, provide to the Minister a report about the performance of his functions
during that year.
      (2)
The Minister may by direction require the Ombudsman to deal, in reports or
5
a particular report under sub-paragraph (1), with matters specified in the
direction.
      (3)
The Ombudsman must, as soon as practicable after a direction by the
Minister under this sub-paragraph, provide to the Minister a report about
any matter or matters specified in the direction.
10
      (4)
The Minister must lay before each House of Parliament a copy of any report
provided to him under sub-paragraph (1).
      (5)
The Ombudsman must publish any report once copies of it have been laid
under sub-paragraph (4).
Documentary evidence
15
15
A document purporting to be an instrument issued by the Ombudsman and
to be signed by or on behalf of the Ombudsman is to be received in evidence
and, unless the contrary is proved, taken to be such an instrument and
signed in that way.
General
20
16    (1)
“Financial year” in this Schedule, means—
(a)
the period beginning with the date on which section 56 comes into
force and ending with the following 31 March, and
(b)
each successive period of twelve months.
      (2)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
25
(c. 24) (other disqualifying offices) at the appropriate place insert—

“The Judicial Appointments and Conduct Ombudsman.”
      (3)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other
public bodies and offices which are public authorities) at the appropriate
place insert—
30

“The Judicial Appointments and Conduct Ombudsman.”

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 1 — Appointments by Her Majesty
206

Schedule 12
Section 74

The Judicial Appointments Commission: Relevant Offices and Enactments
Part 1
Appointments by Her Majesty

Office
Enactment

5

Judge Advocate of Her Majesty’s Fleet
Section 28(1) of the Courts-Martial

(Appeals) Act 1951 (c. 46)

Judge Advocate General
Section 29 of the Courts-Martial

(Appeals) Act 1951

Common Serjeant
Section 12(1) of the City of London

10

(Courts) Act 1964 (c. iv)

Circuit judge
Section 16(1) of the Courts Act 1971

(c. 23)

Recorder
Section 21(1) of the Courts Act 1971

Non-judicial member of the Restrictive
Section 3(1) of the Restrictive Practices

15

Practices Court
Court Act 1976 (c. 33)

Master, Queen’s Bench Division
Section 89(1) of the Supreme Court Act

Queen’s Coroner and Attorney and
1981

Master of the Crown Office and

Registrar of Criminal Appeals

20

Admiralty Registrar

Master, Chancery Division

Registrar in Bankruptcy of the High

Court

Taxing Master of the Supreme Court

25

District judge of the principal registry

of the Family Division

Master of the Court of Protection

Senior Master of the Queen’s Bench
Section 89(3) of the Supreme Court Act

Division
1981 (c. 54) (c. 54)

30

Chief Chancery Master

Chief Taxing Master

Chief Bankruptcy Registrar

Senior District Judge of the Family

Division

35

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 2 — Appointments by the Minister: Offices to which paragraph 2(2)(d) of Schedule 10 does not apply
207

Office
Enactment

District judge
Section 6(1) of the County Courts Act

1984 (c. 28)

Chief Child Support Commissioner
Section 22(1) of the Child Support Act

Child Support Commissioner
1991 (c. 48)

5

Member of the Employment Appeal
Section 22(1)(c) of the Employment

Tribunal
Tribunals Act 1996 (c. 17)

District Judge (Magistrates’ Courts)
Section 10A(1) of the Justices of the Peace

Act 1997 (c. 25)

Senior District Judge (Chief
Section 10A(2) of the Justices of the Peace

10

Magistrate)
Act 1997

Deputy Senior District Judge (Chief

Magistrate)

Chief Social Security Commissioner
Paragraph 1(1) of Schedule 4 to the Social

Social Security Commissioner
Security Act 1998 (c. 14)

15

District Judge (Magistrates’ Courts)
Section 22(1) of the Courts Act 2003

(c. 39)

Senior District Judge (Chief
Section 23 of the Courts Act 2003 (c. 39)

Magistrate)

Deputy Senior District Judge (Chief

20

Magistrate)

Part 2
Appointments by the Minister: Offices to which paragraph 2(2)(d) of Schedule
10 does not apply

Office
Enactment

25

Vice Judge Advocate General
Section 30(1) of the Courts-Martial

Assistant Judge Advocate General
(Appeals) Act 1951 (c. 46)

Person appointed temporarily to assist
Section 30(2) of the Courts-Martial

the Judge Advocate General
(Appeals) Act 1951

Judge of the Courts-Martial Appeal
Section 2(2) of the Courts-Martial

30

Court
(Appeals) Act 1968 (c. 20)

General Commissioner
Section 2 of the Taxes Management Act

1970 (c. 9)

Assistant recorder
Section 24(1) of the Courts Act 1971

(c. 23)

35

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 3 — Appointments by the Minister: offices to which paragraph 2(2)(d) of Schedule 10 applies
208

Office
Enactment

Deputy district judge in a district
Section 102(1) of the Supreme Court Act

registry of the High Court
1981 (c. 54)

Deputy district judge for a county
Section 8(1) of the County Courts Act

court district
1984 (c. 28)

5

Justice of the peace
Section 5 of the Justices of the Peace Act

1997 (c. 25)

Deputy District Judge (Magistrates’
Section 10B(1) of the Justices of the Peace

Courts)
Act 1997 (c. 25)

Justice of the peace who is not a
Section 10(1) of the Courts Act 2003

10

District Judge (Magistrates’ Courts)
(c. 39)

Deputy District Judge (Magistrates’
Section 24(1) of the Courts Act 2003

Courts)

Part 3
Appointments by the Minister: offices to which paragraph 2(2)(d) of Schedule
15
10 applies

Office
Enactment

Member of pensions appeal tribunal
Paragraphs 2 and 3 of the Schedule to

the War Pensions (Administrative

Provisions) Act 1919 (c. 53)

20

Member of the Shipping Claims
Section 8(1) of the Compensation

Tribunal
(Defence) Act 1939 (c. 75)

President of the Shipping Claims

Tribunal

Member of panel
Section 109(1)(a) of the London Building

25

Acts (Amendment) Act 1939 (c. xcvii)

Deputy member of panel
Section 109(1)(h) of the London Building

Acts (Amendment) Act 1939

Member of a Pensions Appeal Tribunal
Paragraph 2(1) of the Schedule to the

Pensions Appeal Tribunals Act 1943

30

(c. 39)

President of Pensions Appeal
Paragraph 2B of the Schedule to the

Tribunals
Pensions Appeal Tribunals Act 1943

Deputy President of Pensions Appeal
(c. 39)

Tribunals

35

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 3 — Appointments by the Minister: offices to which paragraph 2(2)(d) of Schedule 10 applies
209

Office
Enactment

Member of panel of persons to act as
Section 61(1) of the Coal Industry

arbitrators
Nationalisation Act 1946 (c. 59)

Chairman of panel of persons to act as

arbitrators

5

Deputy chairman of panel of persons

to act as arbitrators

Chairman of an Agricultural Land
Paragraph 13(1) of Schedule 9 to the

Tribunal
Agriculture Act 1947 (c. 48)

Member of panel of deputy-chairmen
Paragraph 14(1) of Schedule 9 to the

10

of Agricultural Land Tribunal
Agriculture Act 1947

Member of panel
Paragraph 15(1) of Schedule 9 to the

Agriculture Act 1947

President of the Lands Tribunal
Section 2(1) of the Lands Tribunal Act

Member of the Lands Tribunal
1949 (c. 42)

15

First of the three arbitration committee
Section 7(6) of the National Health

members
Service (Amendment) Act 1949 (c. 93)

Arbitrator
Section 18(3) of the National Parks and

Access to the Countryside Act 1949

(c. 97)

20

Chairman of the Foreign
Section 1(1) of the Foreign

Compensation Commission
Compensation Act 1950 (c. 12)

Arbitrator
Paragraph 3(4) of Schedule 6 to the

Transport Act 1962 (c. 46)

Chairman of a Levy Appeal Tribunal
Section 29(2)(a) of the Betting, Gaming

25

and Lotteries Act 1963 (c. 2)

Commons Commissioner
Section 17(1) of the Commons

Chief Commons Commissioner
Registration Act 1965 (c. 64)

Substitute Chief Commons
Section 17(3) of the Commons

Commissioner
Registration Act 1965

30

Arbitrator
Section 15A(3) of the Countryside Act

1968 (c. 41)

Arbitrator
Paragraph 13(3) of Schedule 4 to the

Transport Act 1968 (c. 73)

Special Commissioner
Section 4(1) of the Taxes Management

35

Presiding Special Commissioner
Act 1970 (c. 9)

Deputy Special Commissioner
Section 4A(1) of the Taxes Management

Act 1970

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 3 — Appointments by the Minister: offices to which paragraph 2(2)(d) of Schedule 10 applies
210

Office
Enactment

Chairman of a tribunal
Paragraph 1(1)(a) of Schedule 3 to the

Misuse of Drugs Act 1971 (c. 38)

President of tribunal established by the
Paragraph 4(a) of Schedule 3 to the

Secretary of State
Industry Act 1975 (c. 68)

5

President of the Aircraft and
Section 42(3)(a) of the Aircraft and

Shipbuilding Industries Arbitration
Shipbuilding Industries Act 1977 (c. 3)

Tribunal

Member of panel
Paragraph 2(a) of Schedule 10 to the

Rent Act 1977 (c. 42)

10

President of the Family Health Services
Paragraph 1 of Schedule 9A to the

Appeal Authority
National Health Service Act 1977 (c. 49)

Deputy President of the Family Health

Services Appeal Authority

Member of the Family Health Services

15

Appeal Authority

Arbitrator
Paragraph 12(3) of Schedule 2 to the

British Telecommunications Act 1981

(c. 38)

Arbitrator
Section 28N(3) of the Wildlife and

20

Countryside Act 1981 (c. 69)

Arbitrator
Section 66(4)(a) of the Transport Act

1982 (c. 49)

Member of the Mental Health Review
Paragraph 1 of Schedule 2 to the Mental

Tribunal
Health Act 1983 (c. 20)

25

Chairman of the Mental Health Review
Paragraph 3 of Schedule 2 to the Mental

Tribunal
Health Act 1983

Arbitrator
Paragraph 2(5) of Schedule 1 to the

Ordnance Factories and Military

Services Act 1984 (c. 59)

30

Member of panel
Paragraph 2(1)(a) of Schedule 2 to the

Reserve Forces (Safeguard of

Employment) Act 1985 (c. 17)

President of the Transport Tribunal
Paragraph 2(1)(a) of Schedule 4 to the

Chairman of the Transport Tribunal
Transport Act 1985 (c. 67)

35

Member of Insolvency Practitioners
Paragraph 1(1)(a) of Schedule 7 to the

Tribunal panel
Insolvency Act 1986 (c. 45)

Member of panel constituted for the
Paragraph 1(5) of Schedule 11 to the

purposes of Schedule 11
Agricultural Holdings Act 1986 (c. 5)