Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Constitutional Reform Bill [HL]

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
211

Office
Enactment

Chairman of section 706 tribunal
Section 706(1) of the Income and

Member of section 706 tribunal
Corporation Taxes Act 1988 (c. 1)

Arbitrator
Paragraph 9(4) of Schedule 10 to the

Education Reform Act 1988 (c. 40)

5

Chairman of the Copyright Tribunal
Section 145(2) of the Copyright, Designs

Deputy chairman of the Copyright
and Patents Act 1988 (c. 48)

Tribunal

Arbitrator
Paragraph 9(2)(a) of Schedule 10 to the

Electricity Act 1989 (c. 29)

10

Arbitrator
Schedule 9, paragraph 5(5)(a), of the

Broadcasting Act 1990 (c. 42)

Deputy Child Support Commissioner
Paragraph 4(1) of Schedule 4 to the Child

Support Act 1991 (c. 48)

Arbitrator
Paragraph 11(5) of Schedule 2 to the

15

Ports Act 1991 (c. 52)

Member of panel
Section 31(1) of the Land Drainage Act

1991 (c. 59)

President of social security appeal
Section 51(1) of the Social Security

tribunals, medical appeal tribunals and
Administration Act 1992 (c. 5)

20

disability appeal tribunals

Chairman of social security appeal

tribunals, medical appeal tribunals and

disability appeal tribunals

Arbitrator
Paragraph 7(4) of Schedule 5 to the

25

Further and Higher Education Act 1992

(c. 13)

Member of panel
Section 6(1) of the Tribunals and

Inquiries Act 1992 (c. 53)

Member of tribunal for the purposes of
Section 6(5) of the Tribunals and

30

section 150 of the Mines and Quarries
Inquiries Act 1992

Act 1954 (c. 70)

Chairman of tribunal for the purposes

of section 150 of the Mines and

Quarries Act 1954

35

Arbitrator
Paragraph 8(6)(a) of Schedule 2 to the

Coal Industry Act 1994 (c. 21)

President of VAT tribunals
Paragraph 2(2) of Schedule 12 to the

Value Added Tax Act 1994 (c. 23)

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
212

Office
Enactment

Member of panel of chairmen
Paragraph 7(3)(a) of Schedule 12 to the

Value Added Tax Act 1994 (c. 23)

Persons appointed to hear and
Section 77(1) of the Trade Marks Act

determine appeals
1994 (c. 26)

5

Wreck commissioner
Section 297(1) of the Merchant Shipping

Act 1995 (c. 21)

Arbitrator
Paragraph 10(6)(a) of Schedule 1 to the

Atomic Energy Authority Act 1995

(c. 37)

10

Person nominated for the purpose of
Paragraph 1(1)(a) of Schedule 6 to the

Schedule 6 to the Police Act 1996
Police Act 1996 (c. 16)

Arbitrator
Paragraph 8(6)(a) of Schedule 5 to the

Broadcasting Act 1996 (c. 55)

Chairman of a tribunal
Schedule 2, paragraph 1(1)(a), to the

15

School Inspections Act 1996 (c. 57)

President of the Special Educational
Section 333 of the Education Act 1996

Needs and Disability Tribunal
(c. 56)

Member of the chairmen’s panel of the

Special Educational Needs and

20

Disability Tribunal

Member of panel of chairmen for
Paragraph 6(2)(a) of the Schedule to the

England and Wales
Deregulation (Model Appeal Provisions)

Order 1996 (S.I. 1996/1678)

Chairman of the Plant Varieties and
Paragraph 2(1) of Schedule 3 to the Plant

25

Seeds Tribunal
Varieties Act 1997 (c. 66)

Member of Special Immigration
Paragraph 1(1) of Schedule 1 to the

Appeals Commission
Special Immigration Appeals

Commission Act 1997 (c. 68)

Chairman of Special Immigration
Paragraph 2 of Schedule 1 to the Special

30

Appeals Commission
Immigration Appeals Commission Act

1997

President of appeal tribunals
Section 5(1) of the Social Security Act

1998 (c. 14)

Member of panel of persons to act as
Section 6(2) of the Social Security Act

35

members of appeal tribunals
1998

Social Security Commissioner (deputy)
Paragraph 1(2) of Schedule 4 to the

Social Security Act 1998

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
213

Office
Enactment

Chairman of the Information Tribunal
Section 6(4) of the Data Protection Act

Deputy chairman of the Information
1998 (c. 29)

Tribunal

President of the Tribunal
Paragraph 2(1) of the Schedule to the

5

Member of the chairman’s panel of the
Protection of Children Act 1999 (c. 14)

Tribunal

Member of the lay panel of the
Paragraph 2(3) of the Schedule to the

Tribunal
Protection of Children Act 1999

Member of appeal panel
Section 189(6) of the Greater London

10

Authority Act 1999 (c. 29)

Member of the Immigration Services
Paragraph 1(2) of Schedule 7 to the

Tribunal
Immigration and Asylum Act 1999

(c. 33)

President of the Immigration Services
Paragraph 2 of Schedule 7 to the

15

Tribunal
Immigration and Asylum Act 1999

President of the Financial Services and
Paragraph 2(1) of Schedule 13 to the

Markets Tribunal
Financial Services and Markets Act 2000

(c. 8)

Deputy President of the Financial
Paragraph 2(3) of Schedule 13 to the

20

Services and Markets Tribunal
Financial Services and Markets Act 2000

Member of panel of chairmen of the
Paragraph 3(1) of Schedule 13 to the

Financial Services and Markets
Financial Services and Markets Act 2000

Tribunal

Member of lay panel of the Financial
Paragraph 3(4) of Schedule 13 to the

25

Services and Markets Tribunal
Financial Services and Markets Act 2000

Member of the Proscribed
Paragraph 1(1) of Schedule 3 to the

Organisations Appeal Commission
Terrorism Act 2000 (c. 11)

Chairman of the Proscribed
Paragraph 1(2) of Schedule 3 to the

Organisations Appeal Commission
Terrorism Act 2000

30

Member of the Adjudication Panel for
Section 75(3) of the Local Government

England
Act 2000 (c. 22)

President of the Adjudication Panel for
Section 75(4) of the Local Government

England
Act 2000

Deputy President of the Adjudication

35

Panel for England

Member of the Pathogens Access
Paragraph 1(1) of Schedule 6 to the Anti-

Appeal Commission
terrorism, Crime and Security Act 2001

(c. 24)

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
214

Office
Enactment

Chairman of the Pathogens Access
Paragraph 1(2) of Schedule 6 to the Anti-

Appeal Commission
terrorism, Crime and Security Act 2001

President of the Employment
Regulation 3(1) of the Employment

Tribunals (England and Wales)
Tribunals (Constitution and Rules of

5

Procedure) Regulations 2001 (S.I. 2001/

1171)

Member of panel
Regulation 5(1)(a) of the Employment

Tribunals (Constitution and Rules of

Procedure) Regulations 2001

10

Regional Chairman
Regulation 8(1) of the Employment

Tribunals (Constitution and Rules of

Procedure) Regulations 2001

Road user charging adjudicator
Regulation 3(1) of the Road User

Charging (Enforcement and

15

Adjudication) (London) Regulations

2001 (S.I. 2001/2313)

Adjudicator to Her Majesty’s Land
Section 107(1) of the Land Registration

Registry
Act 2002 (c. 9)

President of the Competition Appeal
Section 12(2)(a) of the Enterprise Act

20

Tribunal
2002 (c. 40)

Member of panel of chairmen of the
Section 12(2)(b) of the Enterprise Act

Competition Appeal Tribunal
2002

Acting President of Competition
Paragraph 3 of Schedule 2 to the

Appeal Tribunal
Enterprise Act 2002

25

Member of panel of assessors to assist
Section 320(3)(b) of the Proceeds of

Special Commissioners
Crime Act 2002 (c. 29)

Adjudicator
Section 81(1) of the Nationality,

Immigration and Asylum Act 2002

(c. 41)

30

Chief Adjudicator
Section 81(3) of the Nationality,

Deputy Chief Adjudicator
Immigration and Asylum Act 2002

Regional Adjudicator

Deputy Regional Adjudicator

Member of the Immigration Appeal
Paragraph 1 of Schedule 5 to the

35

Tribunal
Nationality, Immigration and Asylum

Act 2002

Deputy President of the Immigration
Paragraph 4(1) of Schedule 5 to the

Appeal Tribunal
Nationality, Immigration and Asylum

Act 2002

40

Constitutional Reform Bill [HL]
Schedule 13 — Judicial Committee of the Privy Council
215

Office
Enactment

Arbitrator
Paragraph 4(7)(a) of Schedule 2 to the

Communications Act 2003 (c. 21)

Schedule 13
Section 110

Judicial Committee of the Privy Council
5
Judicial Committee Act 1833 (c. 41)
1
The Judicial Committee Act 1833 is amended as follows.
2
For section 1 substitute—
“1
The Judicial Committee of the Privy Council
(1)
There shall be a committee of the Privy Council styled “The Judicial
10
Committee of the Privy Council”.
(2)
A person is a member of the committee if—
(a)
he is a member of the Privy Council who holds, or has held,
high judicial office, or
(b)
another enactment provides for him to be a member of the
15
committee.
(3)
Subsection (2)(a) does not apply to a person after the day on which
he attains the age of 75 years.
(4)
In this section “high judicial office” has the same meaning as in Part
3 of the Constitutional Reform Act 2005.”
20
3
For section 18 substitute—
“18
Appointment of registrar
(1)
Her Majesty may, under her sign manual, appoint any person to be
the registrar of the said privy council, as regards the purposes of this
Act, and direct what duties shall be performed by the registrar.
25
(2)
A recommendation to Her Majesty to exercise any power under
subsection (1) may be made only after consultation with the
President of the Supreme Court of the United Kingdom.”
4
In section 19 (attendance of witnesses etc) for “the president for the time
being of the said privy council” substitute “the Judicial Committee of the
30
Privy Council”.
Court of Chancery Act 1851 (c. 83)
5
In section 16 of the Court of Chancery Act 1851 (quorum of Judicial
Committee) omit the words from “, exclusive of” to the end.

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 1 — The Lord Chancellor
216

Privy Council Registrar Act 1853 (c. 85)
6
In section 2 of the Privy Council Registrar Act 1853 (appointment by
President of the Council of person to act for registrar) after “Privy Council”
insert “, after consulting the President of the Supreme Court of the United
Kingdom,”.
5
Oxford University Act 1862 (c. 26)
7
In section 7 of the Oxford University Act 1862 (approbation of statutes by
Her Majesty in Council etc) omit “, not including the Lord President,”.
Public Schools Act 1868 (c. 118)
8
In section 9 of the Public Schools Act 1868 (statutes to be laid before Privy
10
Council) omit “, not including the Lord President,”.
Judicial Committee Act 1881 (c. 3)
9
The Judicial Committee Act 1881 ceases to have effect.
Judicial Committee Act 1915 (c. 92)
10
In section 1 of the Judicial Committee Act 1915 (power of Judicial Committee
15
to sit in more than one division) omit “and the Lord President of the
Council”.
Schedule 14
Section 117

Minor and consequential amendments
Part 1
20
The Lord Chancellor
Fines Act 1833 (c. 99)
1
The Fines Act 1833 ceases to have effect.
Promissory Oaths Act 1868 (c.72)
2
In the Schedule to the Promissory Oaths Act 1868 (persons to take oaths) in
25
Part 2 omit “The Lord Chancellor of Great Britain”.
Universities of Oxford and Cambridge Act 1877 (c.48)
3
In the Universities of Oxford and Cambridge Act 1877, in section 44
(constitution of Universities Committee of Privy Council) omit—
(a)
“the Lord Chancellor,” in the first place;
30
(b)
“the Lord Chancellor or”.

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 3
217

Sheriffs Act 1887 (c.55)
4
In the Sheriffs Act 1887, in section 6 (nomination and appointment of
sheriffs) in subsection (1) omit “the Lord Chancellor,”.
Administration of Justice Act 1964 (c. 42)
5
In section 37 of the Administration of Justice Act 1964 (financial provisions)
5
omit subsection (2).
Part 2
Amendments relating to Part 3
Appellate Jurisdiction Act 1876 (c. 59)
6
The Appellate Jurisdiction Act 1876 ceases to have effect.
10
Jurisdiction in Rating Act 1877 (c. 11)
7
In the Jurisdiction in Rating Act 1877, in section 3 (interpretation) in the
definition of “Judge” for the words from “any Lord of Appeal” to the end of
the definition substitute “any judge of the Supreme Court and any person
acting as a judge of that court under section 35 of the Constitutional Reform
15
Act 2005.”.
Appellate Jurisdiction Act 1887 (c. 70)
8
The Appellate Jurisdiction Act 1887 ceases to have effect.
Supreme Court of Judicature Act 1891 (c. 53)
9
The Supreme Court of Judicature Act 1891 ceases to have effect.
20
Appellate Jurisdiction Act 1947 (c. 11)
10
The Appellate Jurisdiction Act 1947 ceases to have effect.
Life Peerages Act 1958 (c. 21)
11
In the Life Peerages Act 1958, in section 1 (power to create life peerages), in
subsection (1) omit the words “Without prejudice to Her Majesty’s powers
25
as to the appointment of Lords of Appeal in Ordinary,”.
Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1)
12    (1)
The Ecclesiastical Jurisdiction Measure 1963 is amended as follows.
      (2)
In section 11 (review of commissions of convocation or Court of
Ecclesiastical Causes Reserved) for “Lords of Appeal (within the meaning of
30
the Appellate Jurisdiction Act 1876)” substitute “judges of the Supreme
Court, or members of the supplementary panel under section 36 of the
Constitutional Reform Act 2005,”.
      (3)
In section 66(1) (interpretation) for the definition of “high judicial office”