Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 3 — Transfer of appointment functions to Her Majesty
61

      (4)
In subsection (3)(a) for “by the President of the Family Division or any other
person” substitute “under subsection (1) or otherwise”.
      (5)
After subsection (3) insert—
“(4)
Subsection (2)(a) does not apply to directions to the extent that they
consist of guidance about any of the following—
5
(a)
the application or interpretation of the law;
(b)
the making of judicial decisions.”
Schedule 3
Section 12

Transfer of appointment functions to Her Majesty
District Judges
10
1     (1)
For section 6 of the County Courts Act 1984 (c. 28) substitute—
“6
District judges
(1)
Her Majesty may, on the recommendation of the Lord Chancellor,
appoint district judges.
(2)
The Lord Chief Justice, after consulting the Lord Chancellor—
15
(a)
must assign each district judge to one or more districts;
(b)
may change an assignment so as to assign the district judge
to a different district or districts.
(3)
A reference in any enactment or other instrument to the district judge
for a district or of a county court is a reference to any district judge
20
assigned to the district concerned.
(4)
Every district judge is, by virtue of his office, capable of acting in any
district whether or not assigned to it, but may do so only in
accordance with arrangements made by or on behalf of the Lord
Chief Justice.
25
(5)
A district judge is to be paid such salary as may be determined by the
Lord Chancellor with the concurrence of the Treasury.
(6)
A salary payable under this section may be increased but not
reduced by a determination or further determination under this
section.”
30
      (2)
That section as substituted applies to a district judge holding office by virtue
of an appointment made before the commencement of sub-paragraph (1) as
if he had been assigned to the district or districts for which he was
appointed.
2     (1)
For sections 100 and 101 of the Supreme Court Act 1981 (c. 54) substitute—
35
“100
District judges
(1)
The Lord Chief Justice, after consulting the Lord Chancellor—
(a)
may assign a district judge to one or more district registries;

Constitutional Reform Bill [HL]
Schedule 3 — Transfer of appointment functions to Her Majesty
62

(b)
may change an assignment so as to assign the district judge
to a different district registry or registries (or to no district
registry).
(2)
A reference in any enactment or other instrument to the district judge
of a district registry is a reference to any district judge assigned to the
5
registry concerned.
(3)
Every district judge is, by virtue of his office, capable of acting in any
district registry whether or not assigned to it, but may do so only in
accordance with arrangements made by or on behalf of the Lord
Chief Justice.
10
(4)
Whilst a district judge is assigned to one or more district registries in
accordance with subsection (1) he is a district judge of the High
Court.”
      (2)
That section as substituted applies to a district judge holding office by virtue
of an appointment made before the commencement of sub-paragraph (1) as
15
if he had been assigned to the district registry or registries for which he was
appointed.
      (3)
In section 102 of that Act (deputy district judges) for subsection (4)
substitute—
“(4)
A person appointed to be a deputy district judge in a district registry
20
has, while acting under this section, the same jurisdiction as a district
judge assigned to that registry.”
High Court Masters and Registrars
3     (1)
Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is
amended as follows.
25
      (2)
In subsection (1), for the words from “the Lord Chancellor” to the end
substitute “Her Majesty.”
      (3)
After that subsection insert—
“(1A)
The maximum number of appointments under subsection (1) is such
as may be determined from time to time by the Lord Chancellor with
30
the concurrence of the Treasury.”
      (4)
For subsection (3) substitute—
“(3)
Her Majesty shall, on the recommendation of the Lord Chancellor,
appoint a person to each office listed in the first column of the table
in subsection (3C) (“a senior office”).
35
(3A)
A person may be appointed to a senior office only if—
(a)
he holds the office in the corresponding entry in the second
column of that table (“the qualifying office”), or
(b)
he does not hold the qualifying office but could be appointed
to it in compliance with section 88.
40
(3B)
Where a person who is to be appointed to a senior office meets the
condition in subsection (3A)(b) he shall, when appointed to the
senior office, also be appointed to the qualifying office.

Constitutional Reform Bill [HL]
Schedule 3 — Transfer of appointment functions to Her Majesty
63

(3C)
This is the table referred to in subsections (3) and (3A)—

Senior office
Qualifying office

Senior Master of the Queen’s
Master of the Queen’s Bench

Bench Division
Division

Chief Chancery Master
Master of the Chancery Division

5

Chief Taxing Master
Taxing master of the Supreme

Court

Chief Bankruptcy Registrar
Registrar in bankruptcy of the

High Court

Senior District Judge of the Family
Registrar of the Principal Registry

10

Division
of the Family Division”

      (5)
Before subsection (8) insert—
“(7A)
A person appointed under subsection (1) is to be paid such salary,
and a person appointed to a senior office is to be paid such additional
salary, as may be determined by the Lord Chancellor with the
15
concurrence of the Treasury.
(7B)
A salary payable under or by virtue of this section—
(a)
may in any case be increased, but
(b)
may not, in the case of a salary payable in respect of an office
listed in column 1 of Part 2 of Schedule 2 or of a senior office,
20
be reduced,

by a determination or further determination under this section.”
4
In section 93(2) of the Mental Health Act 1983 (c. 20) (Court of Protection) for
“the Lord Chancellor” substitute “Her Majesty”.
Senior District Judge (Chief Magistrate)
25
5
In section 23 of the Courts Act 2003 (c. 39) (Senior District Judge (Chief
Magistrate))—
(a)
for “The Lord Chancellor” substitute “Her Majesty”;
(b)
for “he” substitute “she”.
6
In section 10A(2) of the Justices of the Peace Act 1997 (c. 25) (until the coming
30
into force of the repeal of that Act by the Courts Act 2003) for “The Lord
Chancellor” substitute “Her Majesty”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
64

Schedule 4
Section 13

Other functions of the Lord Chancellor and
organisation of the courts
Part 1
Amendments
5
Habeas Corpus Act 1679 (c. 2)
1
The Habeas Corpus Act 1679 is amended as follows.
2
In section 1 (bringing before Lord Chancellor or other judges) omit “the lord
chauncelior or lord keeper of the great seale of England for the time being
or”.
10
3
In section 2 (appeal to Lord Chancellor or other judges) omit—
(a)
“the lord chauncellour or lord keeper or” in each place;
(b)
“lord chauncellor lord keeper”;
(c)
“the said lord chauncellor or lord keeper or” in the first and second
places;
15
(d)
“lord chauncellor or lord keeper or” in the last place.
4
In section 9 (Lord Chancellor or other judge unduly denying writ) omit “the
said lord chauncellor or lord keeper or”.
Cestui que Vie Act 1707 (c. 72)
5
Any reference to the Lord Chancellor and keeper or commissioners for the
20
custody of the great seal of Great Britain for the time being in section 1 of the
Cestui que Vie Act 1707 is to be construed as a reference to a judge of the
Chancery Division of the High Court.
British Law Ascertainment Act 1859 (c. 63)
6
In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit
25
“the Lord Chancellor,”.
Promissory Oaths Act 1871 (c. 48)
7     (1)
Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to
be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003
(c. 39)) is amended as follows.
30
      (2)
In the paragraph beginning “In England and Wales” for “Lord Chancellor”
substitute “Lord Chief Justice of England and Wales”.
      (3)
After that paragraph insert—
“(8)
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 the preceding paragraph.”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
65

Stannaries Court (Abolition) Act 1896 (c. 45)
8     (1)
Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-
Warden’s Court) is amended as follows.
      (2)
In subsection (1) after “may” insert “, after consulting the Lord Chief
Justice,”.
5
      (3)
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.”
Judicial Committee Act 1915 (c. 92)
10
9     (1)
Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee
of the Privy Council to sit in more than one division at the same time) is
amended as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “President of the Supreme
Court of the United Kingdom”.
15
Administration of Justice Act 1925 (c. 28)
10    (1)
Section 22 of the Administration of Justice Act 1925 (registration of deeds of
arrangement) is amended as follows.
      (2)
In subsection (5) for “by the Lord Chancellor with the concurrence”
substitute “by the Lord Chief Justice with the concurrence of the Lord
20
Chancellor and”.
      (3)
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 subsection (5).”
25
Children and Young Persons Act 1933 (c. 12)
11    (1)
Section 45 of the Children and Young Persons Act 1933 (youth courts) (as
amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows.
      (2)
In subsection (3) for “Lord Chancellor or a person acting on his behalf”
substitute “Lord Chief Justice, with the concurrence of the Lord
30
Chancellor,”.
      (3)
In subsection (4) for “Lord Chancellor may” substitute “Lord Chief Justice
may, with the concurrence of the Lord Chancellor,”.
      (4)
In subsection (5) after “Lord Chancellor” insert “or Lord Chief Justice”.
      (5)
After subsection (8) insert—
35
“(9)
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) or (4) or his powers under
rules under subsection (4).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
66

Compensation (Defence) Act 1939 (c. 75)
12    (1)
The Compensation (Defence) Act 1939 is amended as follows.
      (2)
For the title to section 9 substitute “Incidental powers of tribunals and rules
of procedure”.
      (3)
Omit section 9(1)(a) (incidental powers of tribunals to make rules of
5
procedure).
      (4)
After section 9(1) insert—
“(1A)
Rules prescribing the procedure for notifying, presenting and
hearing claims and all matters incidental thereto may be made in
relation to each of the tribunals constituted under this Act.
10
(1B)
Such rules are to be made as follows—
(a)
if the rules relate to proceedings in England and Wales, they
are to be made by the Lord Chancellor;
(b)
if the rules relate to proceedings in Scotland, they are to be
made by the Lord President of the Court of Session;
15
(c)
if the rules relate to proceedings in Northern Ireland, they are
to be made by the Lord Chief Justice of Northern Ireland.”
      (5)
In subsection (2) for the words from the beginning to “subsection” substitute
“Such rules”.
      (6)
After subsection (3) insert—
20
“(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
section.
(5)
The Lord Chief Justice of Northern Ireland may nominate any of the
25
following to exercise his functions under this section—
(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).”
London Building Acts (Amendment) Act 1939 (c. xcvii)
30
13    (1)
Section 109 of the London Building Acts (Amendment) Act 1939
(constitution etc of tribunal appeal) is amended as follows.
      (2)
In subsection (1)(i) for “if he thinks fit” substitute “, if he thinks fit and if the
Lord Chief Justice agrees,”.
      (3)
After subsection (2) insert—
35
“(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.”
Pensions Appeal Tribunals Act 1943 (c. 39)
14
The Pension Appeal Tribunals Act 1943 is amended as follows.
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
67

15    (1)
Section 6 (constitution, jurisdiction and procedure of Pensions Appeal
Tribunals) is amended as follows.
      (2)
In subsection (2) for “by the Lord Chancellor” substitute “by the Lord Chief
Justice of England and Wales, after consulting the Lord Chancellor,”.
      (3)
After subsection (4) insert—
5
“(5)
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 subsection (2).”
16    (1)
Section 13 (application to Scotland) is amended as follows.
      (2)
In paragraph (a) for “Lord Chancellor” substitute “Lord Chief Justice of
10
England and Wales”.
      (3)
In paragraph (b) after “Lord Chancellor” insert “or the Lord Chief Justice of
England and Wales”.
17
In section 14 (application to Northern Ireland), after “Schedule)” insert “or to
the Lord Chief Justice of England and Wales”.
15
18    (1)
The Schedule (constitution, jurisdiction and procedure of Tribunals) is
amended as follows.
      (2)
In paragraph 1 (constitution of Tribunals)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 1;
(b)
in that sub-paragraph after “determine” in each place insert “after
20
consulting the Lord Chief Justice of England and Wales”;
(c)
after that sub-paragraph insert—
    “(2)
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
25
functions under this paragraph.”
      (3)
In paragraph 2 (membership)—
(a)
in sub-paragraph (3) after “fit” insert “and if the Lord Chief Justice of
England and Wales agrees”;
(b)
after sub-paragraph (4) insert—
30
    “(5)
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.”
Agriculture Act 1947 (c. 48)
35
19
The Agriculture Act 1947 is amended, or has effect, as follows.
20
In section 73 (establishment, constitution and procedure of Agricultural
Land Tribunals), in subsection (1) for the words before “by order” substitute
“For the purposes of this section the Lord Chancellor shall, after consulting
the Chairman of the Agricultural Land Tribunals,”.
40
21    (1)
The functions of the Lord Chancellor under section 75 (provisions as to land
lying partly in one area and partly in another) are exercisable only after
consultation with the Lord Chief Justice.