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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

82

 

(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.”

Housing Act 1980 (c. 51)

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

Chancellor”.

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

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

25

(1)(b).”

      (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

(1)(b) or (c).”

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.”

 

 

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

83

 

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.

      (2)  

In subsection (2)—

(a)   

omit paragraph (a);

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

Justice”.

      (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).”

      (5)  

In subsection (6)—

(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.

      (2)  

In subsection (1)—

35

(a)   

omit paragraph (a);

(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

 

 

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

84

 

      (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).”

      (4)  

In subsection (6)—

(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

be president thereof,”.

      (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

attached;

20

(b)   

the senior judge of the Division of which the judge is to act as

an additional judge.”

      (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

follows.

      (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

and”.

      (3)  

In subsection (2)—

(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

Court”.

 

 

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

85

 

93    (1)  

Section 9 (assistance for transaction of judicial business of Supreme Court) is

amended as follows.

      (2)  

In subsection (2)—

(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

section, or

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

Master of the Rolls;”

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

Commission.”

      (4)  

In subsection (4)—

(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.

      (2)  

In subsection (1)—

(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

Chancellor,”.

      (3)  

In subsection (2) after “may” insert “, on the recommendation of the Lord

45

Chancellor,”.

 

 

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

86

 

      (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—

“(4)   

A person appointed—

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

following—

(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

purpose.

(8)   

In this section “required oaths” means—

(a)   

the oath of allegiance, and

(b)   

the judicial oath,

   

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.

 

 

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

87

 

(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

of the Family Division.”

      (3)  

In subsection (4) for “Vice-Chancellor” substitute “Chancellor of the High

5

Court”.

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

the Lord Chancellor”.

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

Chief Justice”.

      (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

follows).

20

      (2)  

In subsection (3)—

(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

follows.

      (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.

 

 

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

88

 

      (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

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

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

Chief Justice”.

      (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

Chief Justice”.

      (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

statutory instrument).

109   (1)  

Section 86 (the Crown Court Rule Committee) is amended as follows.

40

 

 

 
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