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 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
75

      (3)
After subsection (7) 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
exercise his functions under this section.”
Juries Act 1974 (c. 23)
5
58
The Juries Act 1974 is amended as follows.
59
In section 5 (panels of persons summoned as jurors), after subsection (4)
insert—
“(5)
The Lord Chancellor must consult the Lord Chief Justice before
giving any direction under subsection (1).
10
(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.”
60    (1)
Section 9AA (requirement to issue guidance) is amended as follows.
      (2)
In subsection (1) after “shall” insert “, after consulting the Lord Chief
15
Justice,”.
      (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.”
20
Industry Act 1975 (c. 68)
61    (1)
Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating
to vesting and compensation orders) is amended as follows.
      (2)
In paragraph 4 (constitution and sittings)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 4;
25
(b)
in that sub-paragraph after “Lord Chancellor may” insert “, after
consulting the Lord Chief Justice of England and Wales and the Lord
Chief Justice of Northern Ireland,”;
(c)
after that sub-paragraph insert—
    “(2)
The Lord Chief Justice of England and Wales may
30
nominate a judicial office holder (as defined in section
95(4) of the Constitutional Reform Act 2005) to exercise his
functions under this paragraph.
      (3)
The Lord Chief Justice of Northern Ireland may nominate
any of the following to exercise his functions under this
35
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).”
40
      (3)
In paragraph 5 (Scottish proceedings) for “paragraph 4” substitute
“paragraph 4(1)”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
76

      (4)
In paragraph 8(a) (meaning of “appointor”) for “paragraph 4” substitute
“paragraph 4(1)”.
      (5)
After paragraph 8 insert—
“8A
Where the appointor is, by virtue of paragraph 8(a), the Lord
Chancellor, the power conferred by paragraph 6(1)(b) may be
5
exercised only with the concurrence of the Lord Chief Justice of
England and Wales and the Lord Chief Justice of Northern
Ireland.”
Armed Forces Act 1976 (c. 52)
62    (1)
Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian
10
Courts) is amended as follows.
      (2)
After subsection (3) insert—
“(3A)
The Lord Chancellor may give approval to an order under
subsection (3) only after consulting the relevant judges.”
      (3)
After subsection (4) insert—
15
“(4A)
The Lord Chancellor may make an appointment under subsection (4)
only with the concurrence of the relevant judges.”
      (4)
In subsection (7) after “Lord Chancellor” insert “and the relevant judges”.
      (5)
After subsection (8) insert—
“(8A)
The Lord Chancellor may give his approval under section (8) only
20
with the concurrence of the relevant judges.”
      (6)
After subsection (11) insert—
“(11A)
The Lord Chancellor may give his approval to the removal of a
member under subsection (11) only with the concurrence of the
relevant judges.”
25
      (7)
After subsection (17) insert—
“(18)
References in this section to the relevant judges are references to 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.
(19)
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, except
his functions in relation to the removal of a member under
35
subsection (11).
(20)
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, except his functions in relation to the removal of a member
40
under subsection (11).

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
77

(21)
The Lord Chief Justice of Northern Ireland may nominate any of the
following to exercise his functions under this section, except his
functions in relation to the removal of a member under subsection
(11)—
(a)
the holder of one of the offices listed in Schedule 1 to the
5
Justice (Northern Ireland) Act 2002 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).”
Race Relations Act 1976 (c. 74)
63    (1)
Section 67 of the Race Relations Act 1976 (sheriff courts and designated
county courts) is amended as follows.
10
      (2)
In subsection (1) after “Lord Chancellor” insert “with the concurrence of the
Lord Chief Justice”.
      (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
15
exercise his functions under this section.”
Rent (Agriculture) Act 1976 (c. 80)
64
In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure),
omit subsection (5).
Aircraft and Shipbuilding Industries Act 1977 (c. 3)
20
65    (1)
Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (the
arbitration tribunal) is amended as follows.
      (2)
After subsection (2) insert—
“(2A)
The arbitration tribunal shall either sit as a single tribunal or sit in
two or more divisions, as the Lord Chancellor may direct after
25
consulting 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.”
      (3)
In subsection (3) for the words from the beginning to “consist of” substitute
30
“For the hearing of any proceedings, the arbitration tribunal shall, subject to
subsection (4) below, consist of”.
      (4)
After subsection (8) insert—
“(8A)
Where the appointor is, by virtue of subsection (8)(a), the Lord
Chancellor, the power conferred by subsection (5)(b) may be
35
exercised only with the concurrence of the Lord Chief Justice of
England and Wales and the Lord Chief Justice of Northern Ireland.”
      (5)
At the end insert—
“(11)
The Lord Chief Justice of England and Wales may nominate a
judicial office holder (as defined in section 95(4) of the Constitutional
40
Reform Act 2005) to exercise his functions under subsection (2A)(a).

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
78

(12)
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 (2A)(b).
(13)
The Lord Chief Justice of Northern Ireland may nominate any of the
5
following to exercise his functions under subsection (2A)(c)—
(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).”
Patents Act 1977 (c. 37)
10
66
The Patents Act 1977 is amended as follows.
67    (1)
Section 97 (appeals from the comptroller) is amended as follows.
      (2)
In subsection (2) for “or on behalf of the Lord Chancellor” substitute “the
Lord Chief Justice of England and Wales after consulting the Lord
Chancellor”.
15
      (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 subsection (2).”
68    (1)
Section 102A (right of audience etc in proceedings on appeal from the
20
comptroller) is amended as follows.
      (2)
In subsection (3) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice of England and Wales,”.
      (3)
After subsection (6) insert—
“(7)
The Lord Chief Justice may nominate a judicial office holder (as
25
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under this section.”
Administration of Justice Act 1977 (c. 38)
69    (1)
Section 23 of the Administration of Justice Act 1977 (jurisdiction of ancient
courts) is amended as follows.
30
      (2)
In subsection (4) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (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
35
exercise his functions under this section.”
Rent Act 1977 (c. 42)
70
Omit section 142 of the Rent Act 1977 (rules as to procedure).

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
79

National Health Service Act 1977 (c. 49)
71
In Schedule 9A to the National Health Service Act 1977 (Family Health
Services Appeal Authority), in paragraph 5 (appointment of members of
Authority) after “by the Lord Chancellor” insert “, with the concurrence of
the Lord Chief Justice,”.
5
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
72    (1)
Section 2 of the Domestic Proceedings and Magistrates’ Courts Act 1978
(powers of court to make orders for financial provision) is amended as
follows.
      (2)
In subsection (3) omit the second paragraph.
10
      (3)
After subsection (3) insert—
“(4)
An order made by the Lord Chancellor under this section—
(a)
shall be made only after consultation with the Lord Chief
Justice;
(b)
shall be made by statutory instrument and be subject to
15
annulment in pursuance of a resolution of either House of
Parliament.
(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.”
20
Customs and Excise Management Act 1979 (c.2)
73
In Schedule 3 to the Customs and Excise Management Act 1979 (provisions
relating to forfeiture), after paragraph 17(4) insert—
“(5)
The Lord Chancellor may make an appointment under sub-
paragraph (4) only with the concurrence—
25
(a)
where the proceedings referred to in sub-paragraph (1) were
taken in England and Wales, of the Lord Chief Justice of
England and Wales;
(b)
where those proceedings were taken in Scotland, of the Lord
President of the Court of Session;
30
(c)
where those proceedings were taken in Northern Ireland, of
the Lord Chief Justice of Northern Ireland.
(6)
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
(7)
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.
(8)
The Lord Chief Justice of Northern Ireland may nominate any of the
40
following to exercise his functions under this paragraph—
(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).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
80

Tobacco Products Duty Act 1979 (c. 7)
74    (1)
Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is
amended as follows.
      (2)
In subsection (4) for the words from “by the Lord Chancellor” to the end
substitute “in accordance with subsections (7) to (9).”
5
      (3)
After subsection (6) insert—
“(7)
The Lord Chancellor is to appoint the referee.
(8)
The appointment is to be made only with the concurrence of—
(a)
the Lord Chief Justice of England and Wales, if the
determination of the Commissioners was made in relation to
10
England and Wales;
(b)
the Lord President of the Court of Session, if the
determination was made in relation to Scotland; or
(c)
the Lord Chief Justice of Northern Ireland, if the
determination was made in relation to Northern Ireland.
15
(9)
None of the following may be appointed—
(a)
an official of any government department;
(b)
an office holder in, or a member of the staff of, the Scottish
Administration.
(10)
The Lord Chief Justice of England and Wales may nominate a
20
judicial office holder (as defined in section 95(4) of the Constitutional
Reform Act 2005) to exercise his functions under this section.
(11)
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
25
section.
(12)
The Lord Chief Justice of Northern Ireland may nominate any of the
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);
30
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).”
Magistrates’ Courts Act 1980 (c. 43)
75
The Magistrates’ Courts Act 1980 is amended as follows.
76    (1)
Section 3B (transfer of trials of summary offences) is amended as follows.
      (2)
In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice
35
may, with the concurrence of the Lord Chancellor,”.
      (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 subsection (3).”
40
77    (1)
Section 67 (Family Proceedings Courts) (as substituted by section 49(1) of the
Courts Act 2003 (c. 39)) is amended as follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
81

      (2)
In subsection (3) for “Lord Chancellor or a person acting on his behalf”
substitute “Lord Chief Justice”.
      (3)
In subsection (4) for “Lord Chancellor may by rules” substitute “Lord Chief
Justice may, after consulting the Lord Chancellor, by rules”.
      (4)
In subsection (5) for “Lord Chancellor” substitute “Lord Chief Justice”.
5
      (5)
After subsection (8) insert—
“(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 the powers
conferred on him by rules under subsection (4).”
10
78    (1)
Section 144 (rule committee and rules of procedure) is amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
The Lord Chancellor may appoint a rule committee for magistrates’
courts.”
      (3)
In subsection (1)—
15
(a)
for the words from the beginning to “and may on” substitute “The
Lord Chief Justice may on”;
(b)
after “consultation with the rule committee” insert “, and with the
concurrence of the Lord Chancellor,”.
      (4)
After subsection (1) insert—
20
“(1A)
If the Lord Chancellor does not agree rules made by the Lord Chief
Justice, the Lord Chancellor must give the Lord Chief Justice and the
rules committee written reasons for doing so.”
      (5)
In subsection (2) for “he may determine” substitute “he may, after consulting
the Lord Chief Justice, determine”.
25
      (6)
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.”
79
After section 144 insert—
30
“144A
Rules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Lord Chief
Justice written notice that he thinks it is expedient for rules made
under section 144 to include provision that would achieve a purpose
specified in the notice.
35
(2)
The Lord Chief Justice must make such rules as he considers
necessary to achieve the specified purpose.
(3)
Those rules must be—
(a)
made within a reasonable period after the Lord Chancellor
gives notice to the Lord Chief Justice;
40
(b)
made in accordance with section 144.