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
89

      (2)
In subsection (1) for “by the Lord Chancellor together with any four or more
of the following persons, namely—” substitute “by a committee known as
the Crown Court Rule Committee, which is to consist of the following
persons—”.
      (3)
For subsections (2) to (4) substitute—
5
“(2)
The members of the Crown Court Rule Committee, other than those
eligible to act by virtue of their office, are appointed under
subsection (3) or (4).
(3)
The Lord Chief Justice must appoint the persons referred to in
paragraphs (b), (c) and (e) of subsection (1), after consulting the Lord
10
Chancellor.
(4)
The Lord Chancellor must appoint the persons referred to in
paragraphs (f) and (g) of subsection (1), after consulting the
following—
(a)
the Lord Chief Justice;
15
(b)
any authorised body with members who are eligible for
appointment under the relevant paragraph.
(5)
A person is to be appointed under subsection (3) or (4) for such
period as the Lord Chancellor determines after consulting the Lord
Chief Justice.
20
(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.”
110
After section 86 insert—
“86A
Process for making rules of court under section 84
25
(1)
Crown Court rules must be—
(a)
signed by a majority of the members of the Crown Court Rule
Committee, and
(b)
submitted to the Lord Chancellor.
(2)
The Lord Chancellor may allow or disallow rules so made.
30
(3)
If the Lord Chancellor disallows rules, he must give the Committee
written reasons for doing so.
(4)
Rules so made and allowed by the Lord Chancellor—
(a)
come into force on such day as the Lord Chancellor directs,
and
35
(b)
are to be contained in a statutory instrument to which the
Statutory Instruments Act 1946 applies as if the instrument
contained rules made by a Minister of the Crown.
(5)
A statutory instrument containing Crown Court rules is subject to
annulment in pursuance of a resolution of either House of
40
Parliament.
(6)
In this section and section 86B “Crown Court rules” means rules of
court made under section 84.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
90

86B
Rules to be made if required by Lord Chancellor
(1)
This section applies if the Lord Chancellor gives the Crown Court
Rule Committee written notice that he thinks it is expedient for
Crown Court rules to include provision that would achieve a
purpose specified in the notice.
5
(2)
The Committee must make such Crown Court rules as it 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 Committee;
10
(b)
made in accordance with section 86A.”
111   (1)
Section 91 (deputies and temporary appointments) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Lord Chancellor” in the first place substitute “Lord Chief Justice,
after consulting the Lord Chancellor,”;
15
(b)
in paragraph (a) omit “or III”;
(c)
for “Lord Chancellor thinks fit” substitute “Lord Chief Justice may,
after consulting the Lord Chancellor, think fit”.
      (3)
After subsection (1) insert—
“(1A)
If it appears to the Lord Chancellor that it is expedient to do so in
20
order to facilitate the disposal of business in the Supreme Court, he
may appoint a person—
(a)
to act as a deputy for any person holding an office listed in
column 1 of Part 3 of Schedule 2; or
(b)
to act as a temporary additional officer in any such office,
25

during such period or on such occasions as the Lord Chancellor may
think fit.”
      (4)
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
30
exercise his functions under subsection (1).”
112   (1)
Section 92 (tenure of office) is amended as follows.
      (2)
In subsection (5) after “Lord Chancellor” insert “with the concurrence of the
Lord Chief Justice”.
      (3)
In subsection (6) after “also” insert “, with the concurrence of the Lord Chief
35
Justice,”.
      (4)
After subsection (7) insert—
“(8)
It is for the Lord Chancellor to recommend to Her Majesty the
exercise of any power under subsection (7).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
91

113
For section 96 (Central Office) substitute—
“96
Central Office
The Central Office of the Supreme Court shall perform such business
as it performed immediately before the commencement of this Act.”
114
In section 98 (judges’ clerks and secretaries), in subsection (1) for “the
5
President of the Family Division and the Vice-Chancellor” substitute “the
President of the Queen’s Bench Division, the President of the Family
Division and the Chancellor of the High Court”.
115   (1)
Section 99 (district registries) is amended as follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, after consulting the
10
Lord Chief 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.”
15
116   (1)
Section 104 (district probate registries) is amended as follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (3)
After subsection (2) insert—
“(3)
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.”
117   (1)
Section 131 (conveyancing counsel of Supreme Court) is amended as
follows.
      (2)
In subsection (2) after “Lord Chancellor” insert “with the concurrence of the
25
Lord Chief 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.”
30
118
In section 151 (interpretation), in subsection (1) for the definition of “senior
judge” substitute—
““senior judge”, where the reference is to the senior judge of a
Division, means the president of that Division;”.
Administration of Justice Act 1982 (c. 53)
35
119
The Administration of Justice Act 1982 is amended as follows.
120   (1)
Section 25 (regulations as to deposit and registration of wills) is amended as
follows.
      (2)
In subsection (4) after “Lord Chancellor” insert “after consulting the Lord
Chief Justice of England and Wales”.
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
92

      (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 (4).”
Representation of the People Act 1983 (c. 2)
5
121
In section 161 of the Representation of the People Act 1983 (justices of the
peace guilty of corrupt practice)—
(a)
after “Lord Chancellor” insert “and the Lord Chief Justice”;
(b)
after “Scotland,” insert “to”.
Mental Health Act 1983 (c. 20)
10
122
The Mental Health Act 1983 is amended as follows.
123
In section 65 (Mental Health Review Tribunals), in subsection (3) omit “by
the Lord Chancellor”.
124   (1)
Section 93 (judicial authorities and Court of Protection) is amended as
follows.
15
      (2)
In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice
shall, after consulting the Lord Chancellor,”.
      (3)
In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”.
      (4)
In subsection (4) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
20
      (5)
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 (1), (3) or (4).”
125
In section 94 (exercise of the judge’s functions: the patient), in subsection (1)
25
omit “by the Lord Chancellor or”.
126
In section 96 (powers of the judge as to the patient’s property and affairs), in
subsection (3) omit “the Lord Chancellor or”.
127
In section 104 (general powers of the judge with respect to proceedings), in
subsection (3) omit “the Lord Chancellor or” in both places.
30
128
In section 105 (appeals), in subsection (2) omit “from any decision of the
Lord Chancellor or”.
129   (1)
Section 108 (general provisions as to rules under Part 7) is amended as
follows.
      (2)
For subsection (1) substitute—
35
“(1)
Rules under section 106(5) are to be made by the Lord Chancellor
after consulting the Lord Chief Justice.”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
93

      (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.”
      (4)
Paragraph 16 of Schedule 1 also amends section 108.
5
130   (1)
Section 111 (construction of references in other Acts) is amended as follows.
      (2)
In subsection (1) omit “by the Lord Chancellor or”.
      (3)
In subsection (2) omit “the Lord Chancellor,”.
      (4)
In subsection (4)—
(a)
in paragraph (a) omit “the Lord Chancellor or”;
10
(b)
in paragraph (b) omit “the Lord Chancellor,”.
Car Tax Act 1983 (c. 53)
131
In the Car Tax Act 1983, in section 3(5) (ombudsman) after “Lord
Chancellor” insert “with the concurrence of the Lord Chief Justice”.
County Courts Act 1984 (c. 28)
15
132
The County Courts Act 1984 is amended as follows.
133   (1)
Section 2 (county court districts etc) is amended as follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (3)
In subsection (3) after “given” insert “, after consulting the Lord Chief
20
Justice,”.
      (4)
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 (1) or (3).”
25
134   (1)
Section 3 (places and times of sittings) is amended as follows.
      (2)
In subsection (1) after “given” insert “, after consulting the Lord Chief
Justice,”.
      (3)
After subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
30
defined in section 95(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (1).”
135   (1)
Section 5 (judges of county courts) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice
shall, after consulting the Lord Chancellor,”.
35
      (3)
In subsection (2) for “or on behalf of the Lord Chancellor” substitute “the
Lord Chief Justice after consulting the Lord Chancellor”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
94

      (4)
In subsection (3) for “Lord Chancellor considers desirable” substitute “Lord
Chief Justice considers desirable after consulting the Lord Chancellor”.
      (5)
In subsection (4)(a) for “Lord Chancellor may direct” substitute “Lord Chief
Justice may, after consulting the Lord Chancellor, direct”.
      (6)
After subsection (4) insert—
5
“(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.”
136   (1)
Section 11 (tenure of office) is amended as follows.
      (2)
In subsection (5) after “by the Lord Chancellor” insert “, but only with the
10
concurrence of the Lord Chief Justice”.
      (3)
In subsection (6) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
137
In section 12 (records of proceedings to be kept by district judges), after
subsection (2) insert—
15
“(3)
The Lord Chancellor must consult the Lord Chief Justice before
making regulations under this section.
(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.”
20
138   (1)
Section 26 (districts for Admiralty purposes) is amended as follows.
      (2)
In subsection (1)—
(a)
after “Lord Chancellor” insert “and the Lord Chief Justice”;
(b)
for “him” substitute “the Lord Chancellor” .
      (3)
After subsection (4) insert—
25
“(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.”
139   (1)
Section 61 (right of audience by direction) is amended as follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, with the concurrence
30
of the Lord Chief Justice,”.
      (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 this section.”
35
140
Omit section 74A (practice directions).
141
In section 145 (power to raise monetary limits), after subsection (2) insert—
“(2A)
It is for the Lord Chancellor to recommend to Her Majesty the
making of an Order under subsection (1).”

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
95

Matrimonial and Family Proceedings Act 1984 (c. 42)
142
The Matrimonial and Family Proceedings Act 1984 is amended as follows.
143   (1)
Section 33 (jurisdiction of county courts in matrimonial cases) is amended as
follows.
      (2)
In subsections (1) and (4) after “Lord Chancellor may” insert “, with the
5
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
exercise his functions under this section.”
10
144   (1)
Section 36 (assignment of circuit judges to family proceedings) is amended
as follows.
      (2)
That section becomes subsection (1) of section 36.
      (3)
In that subsection, for “Lord Chancellor may direct” substitute “Lord Chief
Justice may, after consulting the Lord Chancellor, direct”.
15
      (4)
After that subsection insert—
“(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 this section.”
145   (1)
Section 42 (county court proceedings in principal registry of Family
20
Division) is amended as follows.
      (2)
In subsection (2)(a) for “may direct” substitute “may, after consulting the
Lord Chief Justice, direct”.
      (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.”
Transport Act 1985 (c. 67)
146   (1)
Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings
of the Transport Tribunal) is amended as follows.
30
      (2)
In paragraph 3 (tenure of office), in sub-paragraph (3) after “fit” insert “and
if the Lord Chief Justice agrees”.
      (3)
In paragraph 10 (the president)—
(a)
in sub-paragraph (1) for “the Lord Chancellor may direct” substitute
“the Lord Chief Justice may, after consulting the Lord Chancellor,
35
direct”;
(b)
after sub-paragraph (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 sub-
40
paragraph (1).”