|
| |
|
(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 this section.” |
| |
| |
80 | In section 86 of the Housing Act 1980 (jurisdiction of county court), omit |
| 5 |
subsections (4) to (6) (rules and directions). |
| |
Judicial Pensions Act 1981 (c. 20) |
| |
81 | The Judicial Pensions Act 1981 is amended as follows. |
| |
82 | In section 1 (interpretation) in the entry beginning “Judge of the Supreme |
| |
Court” in the first column of the table omit “, other than the Lord |
| 10 |
| |
83 (1) | Section 5 (Circuit Judge in England and Wales) is amended as follows. |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | The Lord Chancellor must consult the Lord Chief Justice of England |
| |
and Wales before making a recommendation in a case that falls |
| 15 |
within subsection (1)(b) or (c).” |
| |
(3) | After subsection (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 section.” |
| 20 |
84 (1) | Section 7 (stipendiary magistrates in England and Wales) is amended as |
| |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | The Lord Chancellor must consult the Lord Chief Justice before |
| |
making a recommendation in a case that falls within subsection |
| 25 |
| |
(3) | After subsection (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 section.” |
| 30 |
85 (1) | Section 13 (Social Security Commissioners) is amended as follows. |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | The Lord Chancellor must consult the Lord Chief Justice before |
| |
making a recommendation in a case that falls within subsection |
| |
| 35 |
(3) | After subsection (6)— |
| |
“(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 section.” |
| |
|
| |
|
| |
|
Supreme Court Act 1981 (c. 54) |
| |
86 | The Supreme Court Act 1981 is amended as follows. |
| |
87 (1) | Section 2 (membership of the Court of Appeal) is amended as follows. |
| |
| |
| 5 |
(b) | in paragraph (b) for “has been Lord Chancellor” substitute “was |
| |
Lord Chancellor before 12 June 2003”; |
| |
(c) | for paragraphs (f) and (g) substitute— |
| |
“(f) | the President of the Queen’s Bench Division; |
| |
(g) | the President of the Family Division; |
| 10 |
(h) | the Chancellor of the High Court;” |
| |
(d) | for “Lord Chancellor’s request” substitute “request of the Lord Chief |
| |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | The Lord Chief Justice may nominate a judicial office holder (as |
| 15 |
defined in section 95(4) of the Constitutional Reform Act 2005) to |
| |
exercise his function under subsection (2) of making requests to |
| |
persons within paragraphs (b) and (c) of that subsection.” |
| |
(4) | After subsection (4) insert— |
| |
“(4A) | It is for the Lord Chancellor to recommend to Her Majesty the |
| 20 |
making of an Order under subsection (4).” |
| |
| |
(a) | omit “Lord Chancellor,”; |
| |
(b) | for “President of the Family Division or Vice-Chancellor” substitute |
| |
“President of the Queen’s Bench Division, President of the Family |
| 25 |
Division or Chancellor of the High Court”. |
| |
88 (1) | Section 3 (Divisions of Court of Appeal) is amended as follows. |
| |
(2) | In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice |
| |
may, after consulting the Lord Chancellor”. |
| |
(3) | After subsection (5) insert— |
| 30 |
“(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 subsection (3).” |
| |
89 (1) | Section 4 (membership of the High Court) is amended as follows. |
| |
| 35 |
| |
(b) | for paragraphs (c) and (d) substitute— |
| |
“(ba) | the President of the Queen’s Bench Division; |
| |
(c) | the President of the Family Division; |
| |
(d) | the Chancellor of the High Court;”. |
| 40 |
|
| |
|
| |
|
(3) | After subsection (4) insert— |
| |
“(4A) | It is for the Lord Chancellor to recommend to Her Majesty the |
| |
making of an Order under subsection (4).” |
| |
| |
(a) | omit “Lord Chancellor,”; |
| 5 |
(b) | for “President of the Family Division, Vice-Chancellor” substitute |
| |
“President of the Queen’s Bench Division, President of the Family |
| |
Division, Chancellor of the High Court”. |
| |
90 (1) | Section 5 (divisions of the High Court) is amended as follows. |
| |
(2) | In subsection (1)(a) for the words from “the Lord Chancellor” to “vice- |
| 10 |
president thereof,” substitute “the Chancellor of the High Court, who shall |
| |
| |
(3) | In subsection (1)(b) for “who shall be president thereof” substitute “, the |
| |
President of the Queen’s Bench Division”. |
| |
(4) | In subsection (2) for “of the Lord Chancellor” in each place substitute “given |
| 15 |
by the Lord Chief Justice after consulting the Lord Chancellor”. |
| |
(5) | In subsection (3) for the words from “with the concurrence of” to the end |
| |
substitute “with the concurrence of both of the following— |
| |
(a) | the senior judge of the Division to which the judge is |
| |
| 20 |
(b) | the senior judge of the Division of which the judge is to act as |
| |
| |
(6) | 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 (2).” |
| |
91 (1) | Section 6 (the Patents, Admiralty and Commercial Courts) is amended as |
| |
| |
(2) | In subsection (2) for “Lord Chancellor may” substitute “Lord Chief Justice |
| |
may, after consulting the Lord Chancellor,”. |
| 30 |
(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 subsection (2).” |
| |
92 (1) | Section 7 (power to alter Divisions etc) is amended as follows. |
| 35 |
(2) | In subsection (1) after “recommendation of” insert “the Lord Chancellor |
| |
| |
| |
(a) | omit “the Lord Chancellor,”; |
| |
(b) | for “the President of the Family Division and the Vice-Chancellor” |
| 40 |
substitute “the President of the Queen’s Bench Division, the |
| |
President of the Family Division and the Chancellor of the High |
| |
| |
|
| |
|
| |
|
93 (1) | Section 9 (assistance for transaction of judicial business of Supreme Court) is |
| |
| |
| |
(a) | for the definition of “the appropriate authority” substitute— |
| |
““the appropriate authority” means— |
| 5 |
(a) | the Lord Chief Justice or a judicial office |
| |
holder (as defined in section 95(4) of the |
| |
Constitutional Reform Act 2005) nominated |
| |
by him to exercise his functions under this |
| |
| 10 |
(b) | at any time when the Lord Chief Justice or the |
| |
nominated judicial office holder is unable to |
| |
make such a request himself, or there is a |
| |
vacancy in the office of Lord Chief Justice, the |
| |
| 15 |
(b) | omit the words after the definition of “relevant court”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | The power of the appropriate authority to make a request under |
| |
subsection (1) is subject to subsections (2B) to (2D). |
| |
(2B) | In the case of a request to a person within entry 1, 3, 5 or 6 in column |
| 20 |
1 of the Table, the appropriate authority may make the request only |
| |
after consulting the Lord Chancellor. |
| |
(2C) | In any other case the appropriate authority may make a request only |
| |
with the concurrence of the Lord Chancellor. |
| |
(2D) | In the case of a request to a Circuit judge or Recorder to act as a judge |
| 25 |
of the High Court, the appropriate authority may make the request |
| |
only with the concurrence of the Judicial Appointments |
| |
| |
| |
(a) | for “appears to the Lord Chancellor” substitute “appears to the Lord |
| 30 |
Chief Justice, after consulting the Lord Chancellor,”; |
| |
(b) | for “Lord Chancellor thinks fit” substitute “Lord Chief Justice may, |
| |
after consulting the Lord Chancellor, think fit”. |
| |
(5) | After subsection (8) insert— |
| |
“(9) | The Lord Chief Justice may nominate a judicial office holder (as |
| 35 |
defined in section 95(4) of the Constitutional Reform Act 2005) to |
| |
exercise his functions under subsection (4).” |
| |
94 (1) | Section 10 (appointment of judges of Supreme Court) is amended as follows. |
| |
| |
(a) | for “President of the Family Division or Vice-Chancellor” substitute |
| 40 |
“President of the Queen’s Bench Division, President of the Family |
| |
Division or Chancellor of the High Court”; |
| |
(b) | after “may” insert “, on the recommendation of the Lord |
| |
| |
(3) | In subsection (2) after “may” insert “, on the recommendation of the Lord |
| 45 |
| |
|
| |
|
| |
|
(4) | In subsection (3)(a) for “President of the Family Division or Vice-Chancellor” |
| |
substitute “President of the Queen’s Bench Division, President of the Family |
| |
Division or Chancellor of the High Court”. |
| |
(5) | For subsection (4) substitute— |
| |
| 5 |
(a) | to any of the offices mentioned in subsection (1), |
| |
(b) | as a Lord Justice of Appeal, or |
| |
(c) | as a puisne judge of the High Court, |
| |
| shall take the required oaths as soon as may be after accepting office. |
| |
(5) | In the case of a person appointed to the office of Lord Chief Justice, |
| 10 |
the required oaths are to be taken in the presence of all of the |
| |
| |
(a) | the Master of the Rolls; |
| |
(b) | the President of the Queen’s Bench Division; |
| |
(c) | the President of the Family Division; |
| 15 |
(d) | the Chancellor of the High Court. |
| |
(6) | Where subsection (5) applies but there is a vacancy in one or more |
| |
(but not all) of the offices mentioned in that subsection, the required |
| |
oaths are to be taken in the presence of the holders of such of the |
| |
offices as are not vacant. |
| 20 |
(7) | In the case of a person appointed other than to the office of Lord |
| |
Chief Justice, the required oaths are to be taken in the presence of— |
| |
(a) | the Lord Chief Justice, or |
| |
(b) | a judicial office holder (as defined in section 95(4) of the |
| |
Constitutional Reform Act 2005) nominated by him for this |
| 25 |
| |
(8) | In this section “required oaths” means— |
| |
(a) | the oath of allegiance, and |
| |
| |
| as set out in the Promissory Oaths Act 1868.” |
| 30 |
95 (1) | Section 11 (tenure of office) is amended as follows. |
| |
(2) | After subsection (3) insert— |
| |
“(3A) | It is for the Lord Chancellor to recommend to Her Majesty the |
| |
exercise of the power of removal under subsection (3).” |
| |
(3) | In subsection (9)(a) for “the President of the Family Division and the Vice- |
| 35 |
Chancellor,” substitute “the President of the Queen’s Bench Division, the |
| |
President of the Family Division and the Chancellor of the High Court,”. |
| |
96 | In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit |
| |
“, other than the Lord Chancellor,”. |
| |
97 (1) | Section 13 (precedence of judges of Supreme Court) is amended as follows. |
| 40 |
(2) | For subsections (2) and (3) substitute— |
| |
“(2) | Subject to subsection (1)(b), the President of the Queen’s Bench |
| |
Division shall rank next after the Master of the Rolls. |
| |
|
| |
|
| |
|
(2A) | The President of the Family Division shall rank next after the |
| |
President of the Queen’s Bench Division. |
| |
(3) | The Chancellor of the High Court shall rank next after the President |
| |
| |
(3) | In subsection (4) for “Vice-Chancellor” substitute “Chancellor of the High |
| 5 |
| |
98 | In section 44 (extraordinary functions of judges of High Court), in subsection |
| |
(2) omit “the Lord Chancellor,”. |
| |
99 | In section 56B (allocation of cases in criminal division), in subsection (1) for |
| |
“with the concurrence of the Lord Chancellor” substitute “after consulting |
| 10 |
| |
100 (1) | Section 57 (Court of Appeal: sittings and vacations) is amended as follows. |
| |
(2) | In subsection (2) after “Lord Chancellor” insert “after consulting the Lord |
| |
| |
(3) | After subsection (4) insert— |
| 15 |
“(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.” |
| |
101 (1) | Section 61 (distribution of business among Divisions) is amended as |
| |
| 20 |
| |
(a) | for “Lord Chancellor may” substitute “Lord Chief Justice may, with |
| |
the concurrence of the Lord Chancellor,”; |
| |
(b) | in paragraph (b) for “appears to him” substitute “appears to the Lord |
| |
Chief Justice and the Lord Chancellor”. |
| 25 |
(3) | 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).” |
| |
102 (1) | Section 63 (business assigned to specially nominated judges) is amended as |
| 30 |
| |
(2) | In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief |
| |
Justice after consulting the Lord Chancellor”. |
| |
(3) | In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice, after |
| |
consulting the Lord Chancellor, to be”. |
| 35 |
(4) | 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 (1) or (2).” |
| |
103 (1) | Section 68 (exercise of jurisdiction of High Court otherwise than by judges |
| 40 |
of that court) is amended as follows. |
| |
|
| |
|
| |
|
(2) | In subsection (1)(a) for “Lord Chancellor may” substitute “Lord Chief Justice |
| |
may, after consulting the Lord Chancellor,”. |
| |
(3) | In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief |
| |
Justice after consulting the Lord Chancellor”. |
| |
(4) | After subsection (7) insert— |
| 5 |
“(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 subsections (1)(a) and (6).” |
| |
104 (1) | Section 71 (High Court: sittings and vacations) is amended as follows. |
| |
(2) | In subsection (2) after “Lord Chancellor” insert “after consulting the Lord |
| 10 |
| |
(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 |
| |
exercise his functions under this section.” |
| 15 |
105 (1) | Section 74 (appeals and committals for sentence) is amended as follows. |
| |
(2) | After subsection (5) insert— |
| |
“(5A) | Before exercising any functions under subsection (4), the Lord |
| |
Chancellor must consult the Lord Chief Justice.” |
| |
(3) | After subsection (7) insert— |
| 20 |
“(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.” |
| |
106 (1) | Section 78 (Crown Court: sittings) is amended as follows. |
| |
(2) | In subsection (3) after “Lord Chancellor” insert “after consulting the Lord |
| 25 |
| |
(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 this section.” |
| 30 |
107 (1) | Section 82 (duties of officers of Crown Court) is amended as follows. |
| |
(2) | In subsection (1) after “Lord Chancellor” insert “after consulting the Lord |
| |
| |
(3) | After subsection (2) insert— |
| |
“(3) | The Lord Chief Justice may nominate a judicial office holder (as |
| 35 |
defined in section 95(4) of the Constitutional Reform Act 2005) to |
| |
exercise his functions under this section.” |
| |
108 | Omit section 84(8) (rules of court for Crown Court etc to be made by |
| |
| |
109 (1) | Section 86 (the Crown Court Rule Committee) is amended as follows. |
| 40 |
|
| |
|