Constitutional Reform Bill [HL]

House of Commons

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 1 — Amendments
68

      (2)
The Lord Chief Justice may nominate a judicial office holder (as defined in
section 95(4) of this Act) to exercise his functions under sub-paragraph (1).
22
In section 108 (regulations and orders), in subsection (1) omit “by the
Minister” in the second place.
23    (1)
Schedule 9 (constitution of Agricultural Land Tribunals) is amended as
5
follows.
      (2)
In paragraph 13 (chairman of each Tribunal), in sub-paragraph (4)—
(a)
for “is” substitute “and Lord Chief Justice are both”;
(b)
after “may” insert “, with the concurrence of the Lord Chief Justice,”.
      (3)
In paragraph 16A (discharge of chairman’s duties)—
10
(a)
that paragraph becomes sub-paragraph (1) of paragraph 16A;
(b)
in that sub-paragraph for “Lord Chancellor” substitute “Lord Chief
Justice, after consulting the Lord Chancellor”;
(c)
after that sub-paragraph insert—
    “(2)
The Lord Chief Justice may nominate a judicial office
15
holder (as defined in section 95(4) of the Constitutional
Reform Act 2005) to exercise his functions under sub-
paragraph (1).”
Lands Tribunal Act 1949 (c. 42)
24    (1)
Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of
20
Lands Tribunal) is amended as follows.
      (2)
In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice of
England and Wales may, after consulting the Lord Chancellor,”.
      (3)
In subsection (4) after “Lord Chancellor” insert “and the Lord Chief Justice
of England and Wales”.
25
      (4)
In subsection (9)(a) after “Lord Chancellor” insert “and the Lord Chief
Justice of England and Wales”.
      (5)
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
30
exercise his functions under subsections (3) and (9A).”
Registered Designs Act 1949 (c. 88)
25
The Registered Designs Act 1949 is amended as follows.
26    (1)
Section 27 (meaning of the court) is amended as follows.
      (2)
In subsection (2) for “Lord Chancellor may select” substitute “Lord Chief
35
Justice of England and Wales may, after consulting the Lord Chancellor,
select”.
      (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
40
exercise his functions under subsection (2).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
69

27    (1)
Section 28 (the Appeal Tribunal) is amended as follows.
      (2)
In subsection (2)(a) for “by the Lord Chancellor” substitute “by the Lord
Chief Justice of England and Wales after consulting the Lord Chancellor”.
      (3)
After subsection (10) insert—
“(11)
The Lord Chief Justice may nominate a judicial office holder (as
5
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (2)(a).”
Courts-Martial (Appeals) Act 1951 (c. 46)
28
The Courts-Martial (Appeals) Act 1951 is amended as follows.
29
In section 28 (provisions with respect to office of Judge Advocate of fleet),
10
after subsection (3) insert—
“(3A)
The Lord Chancellor may make a recommendation under subsection
(3) 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;
15
(c)
the Lord Chief Justice of Northern Ireland.”
30
In section 32 (tenure of office of Judge Advocate General and assistants),
after subsection (1) insert—
“(1A)
The Lord Chancellor may make a recommendation, or remove a
person from office, under subsection (1) only with the concurrence of
20
all of the following—
(a)
the Lord Chief Justice of England and Wales;
(b)
the Lord President of the Court of Session;
(c)
the Lord Chief Justice of Northern Ireland.”
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
25
31    (1)
Section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests)
Act 1951 (appropriate courts and procedure) is amended as follows.
      (2)
After subsection (5) insert—
“(5A)
The Lord Chancellor must consult the Lord Chief Justice before
making rules under subsection (1).
30
(5B)
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 (5A).”
      (3)
In subsection (6) for “this section” substitute “subsection (1)”.
Pharmacy Act 1954 (c. 61)
35
32    (1)
In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3
(appointments) is amended as follows.
      (2)
In sub-paragraph (4) for “by the Lord Chancellor and” substitute “by the
Lord Chief Justice, after consulting the Lord Chancellor, and by”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
70

      (3)
After sub-paragraph (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 paragraph.”
Mines and Quarries Act 1954 (c.70)
5
33    (1)
Section 170 of the Mines and Quarries Act 1954 (provisions as to references
upon notices) is amended as follows.
      (2)
In subsection (9) after “Lord Chancellor” insert “, the Lord Chief Justice”.
      (3)
After subsection (9) insert—
“(10)
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 subsection (9).”
Land Powers (Defence) Act 1958 (c. 30)
34    (1)
Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect
to making certain orders under the Act) is amended as follows.
15
      (2)
In paragraph 4 (inquiries into objections)—
(a)
in sub-paragraph (1) for “by the Lord Chancellor” substitute “by the
Lord Chief Justice of England and Wales, after consulting the Lord
Chancellor,”;
(b)
after sub-paragraph (4) insert—
20
    “(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 sub-paragraph (1).”
      (3)
In paragraph 10 (application of Schedule to land in Scotland), in paragraph
25
(a) for the words from the beginning to “Chancellor” substitute “in
paragraph 4(1) the words “after consulting the Lord Chancellor” shall be
omitted, and for the reference there to the Lord Chief Justice of England and
Wales and the reference to the Lord Chancellor in paragraph 4(4)”;
      (4)
In paragraph 11 (application of Schedule to land in Northern Ireland), in
30
paragraph (a) for the words from the beginning to “Chancellor” substitute
“in paragraph 4(1) the words “after consulting the Lord Chancellor” shall be
omitted, and for the reference there to the Lord Chief Justice of England and
Wales and the reference to the Lord Chancellor in paragraph 4(4)”.
Agriculture Act 1958 (c. 71)
35
35
In the Agriculture Act 1958, in section 5 (functions under section 73 of the
Agriculture Act 1947) for “by the Lord Chancellor and not by the Minister”
substitute “as provided for in that section”.
Mental Health Act 1959 (c. 72)
36
In section 145 of the Mental Health Act 1959 (general provisions as to
40
regulations, orders and rules) omit “or the Lord Chancellor”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
71

Administration of Justice Act 1960 (c. 65)
37
In section 14 of the Administration of Justice Act 1960 (procedure on
application for habeas corpus), in subsection (2) omit “; and no such
application shall in any case be made to the Lord Chancellor”.
Transport Act 1962 (c.46)
5
38
The Transport Act 1962 is amended as follows.
39    (1)
Section 74 (Minister’s power to make orders about pensions) is amended as
follows.
      (2)
In subsection (6)(c) after “Lord Chancellor” insert “and the Lord Chief Justice
of England and Wales”.
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 this section.”
40    (1)
Section 81 (compensation to officers and servants of the Commission) is
15
amended as follows
      (2)
In subsection (4)(b) after “Lord Chancellor” insert “and the Lord Chief
Justice of England and Wales”.
      (3)
After subsection (10) insert—
“(11)
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.”
41    (1)
In Schedule 7 (transitional provisions) paragraph 17 is amended as follows.
      (2)
In sub-paragraph (3) after “Lord Chancellor” insert “and the Lord Chief
Justice of England and Wales”.
25
      (3)
After sub-paragraph (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 paragraph.”
City of London (Courts) Act 1964 (c. iv)
30
42    (1)
Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as
follows.
      (2)
That section becomes subsection (1) of section 15.
      (3)
In that subsection for “Lord Chancellor” substitute “Lord Chief Justice”.
      (4)
After that subsection insert—
35
“(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 subsection (1).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
72

Finance Act 1966 (c.18)
43    (1)
In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6
is amended as follows.
      (2)
In sub-paragraph (2) after “Lord Chancellor” insert “with the concurrence of
the Lord Chief Justice of England and Wales”.
5
      (3)
After sub-paragraph (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 paragraph.”
Courts-Martial (Appeals) Act 1968 (c. 20)
10
44    (1)
Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for
particular sittings) is amended as follows.
      (2)
In subsection (4) after “expedient to do so” insert “after consulting the Lord
Chief Justice”.
      (3)
After subsection (5) insert—
15
“(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.”
Taxes Management Act 1970 (c. 9)
45
The Taxes Management Act 1970 is amended as follows.
20
46
In section 2 (General Commissioners), after subsection (6) insert—
“(6A)
The Lord Chancellor must consult the Lord Chief Justice of England
and Wales or, in Northern Ireland, the Lord Chief Justice of Northern
Ireland before exercising any function conferred on him by
subsection (1) or (6).
25
(6B)
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 section.
(6C)
The Lord Chief Justice of Northern Ireland may nominate one of the
following to exercise his functions under this section—
30
(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).”
47    (1)
Section 4 (Special Commissioners) is amended as follows.
      (2)
After subsection (4) insert—
35
“(4A)
The Lord Chancellor may designate a person under subsection (3) or
remove a person from office under subsection (4) 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;
40
(c)
the Lord Chief Justice of Northern Ireland.”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
73

      (3)
After subsection (7) insert—
“(8)
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 (4A) so
far as they relate to the designation of a person under subsection (3).
5
(9)
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
subsection (4A) so far as they relate to the designation of a person
under subsection (3).
10
(10)
The Lord Chief Justice of Northern Ireland may nominate any of the
following to exercise his functions under subsection (4A) so far as
they relate to the designation of a person under subsection (3)—
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002 (c. 26);
15
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).”
Administration of Justice Act 1970 (c. 31)
48    (1)
Section 10 of the Administration of Justice Act 1970 (temporary additional
judges of the Registered Designs Appeal Tribunal) is amended as follows.
      (2)
For subsection (1) substitute—
20
“(1)
This section applies if both of the following conditions are met—
(a)
the Lord Chancellor thinks that it is expedient, having regard
to the state of business pending before the Registered
Designs Appeal Tribunal and after consulting the Lord Chief
Justice, for a person to be appointed to sit and act as an
25
additional judge of the Tribunal (either alone or with a judge
of the High Court who is a judge of the Tribunal);
(b)
the Lord Chancellor requests the Lord Chief Justice to make
such an appointment.
(1A)
The Lord Chief Justice may, after consulting the Lord Chancellor,
30
appoint one of the following persons as mentioned in subsection
(1)(a)—
(a)
a judge of the Court of Appeal;
(b)
a person who has held office as a judge of the Court of Appeal
or of the High Court;
35
(c)
one of Her Majesty’s Counsel.
(1B)
An appointment under this section is—
(a)
for such period, or
(b)
for the purpose of hearing such appeals,

as the Lord Chief Justice determines, after consulting the Lord
40
Chancellor.”
      (3)
After subsection (4) insert—
“(4A)
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.”
45

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
74

Courts Act 1971 (c. 23)
49
The Courts Act 1971 is amended as follows.
50
In section 17 (retirement, removal and disqualification of Circuit judges), in
subsection (4) after “fit” insert “and if the Lord Chief Justice agrees”.
51
In section 21 (appointment of Recorders), in subsection (6) after “fit” insert
5
“and if the Lord Chief Justice agrees”.
52    (1)
Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as
follows.
      (2)
In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (3)
After subsection (3) insert—
10
“(3A)
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 (2).”
53    (1)
Section 24 (deputy Circuit judges and assistant Recorders) is amended as
follows.
15
      (2)
In subsection (1)—
(a)
for “the Lord Chancellor” substitute “him”;
(b)
omit “, he may”;
(c)
in paragraph (a), before “appoint” insert “the Lord Chief Justice may,
with the concurrence of the Lord Chancellor,”, and omit the word
20
“or” in the last place where it occurs;
(d)
in paragraph (b), before “appoint” insert “the Lord Chancellor may”.
      (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
25
exercise his functions under subsection (1)(a).”
54
In the table in paragraph 2 of Schedule 8 (general rules of construction), in
the second column of entry 7 and of entry 14 for “Lord Chancellor” in each
place substitute “Lord Chief Justice”.
55
In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.
30
Land Charges Act 1972 (c. 61)
56
In section 16 of the Land Charges Act 1972 (general rules), in subsection (2)
omit “of the Lord Chancellor, with the concurrence of the Secretary of
State,”.
Matrimonial Causes Act 1973 (c. 18)
35
57    (1)
Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree
nisi: religious marriage) is amended as follows.
      (2)
In subsection (6) after “Lord Chancellor” insert “after consulting the Lord
Chief Justice”.