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
96

Housing Act 1985 (c. 68)
147
The Housing Act 1985 is amended as follows.
148
Omit section 111 (secure tenancies: county court rules and directions).
149
In section 181 (right to buy: jurisdiction of county court), omit subsections (4)
and (5) (rules and directions).
5
150
In section 572 (assistance for owners of defective housing: jurisdiction of
county court), omit subsections (4) to (6) (rules and directions).
Insolvency Act 1986 (c. 45)
151
The Insolvency Act 1986 is amended as follows.
152   (1)
Section 117 (High Court and county court jurisdiction) is amended as
10
follows.
      (2)
In subsection (4) for “may by order” substitute “may, with the concurrence
of the Lord Chief Justice, by order”.
      (3)
After subsection (7) insert—
“(8)
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 functions under this section.”
153   (1)
Section 374 (insolvency districts) is amended as follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
20
      (3)
In subsection (2) after “Lord Chancellor” insert “and the Lord Chief 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 this section.”
25
154   (1)
Section 411 (company insolvency rules) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Lord Chancellor may make rules for the purpose of giving effect
to Parts 1 to 7 of this Act.
(1A)
The Lord Chancellor may make different rules under subsection (1)
30
in relation to—
(a)
England and Wales, and
(b)
Scotland.
(1B)
Rules that affect court procedure in England and Wales may be made
under subsection (1) only with the concurrence of the Lord Chief
35
Justice.”
      (3)
In subsection (2)(b) for the words from “may appear” to the end substitute
“may appear necessary or expedient to the Lord Chancellor”.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
97

      (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
exercise his functions under this section.”
155   (1)
Section 412 (individual insolvency rules (England and Wales) is amended as
5
follows.
      (2)
For subsection (1) substitute—
“(1)
The Lord Chancellor may make rules for the purpose of giving effect
to Parts 8 to 11 of this Act.
(1A)
Rules that affect court procedure in England and Wales may be made
10
under subsection (1) only with the concurrence of the Lord Chief
Justice.”
      (3)
In subsection (2)(b) for the words from “may appear” to the end substitute
“may appear necessary or expedient to the Lord Chancellor”.
      (4)
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.”
156   (1)
Section 413 (Insolvency Rules committee) is amended as follows.
      (2)
In subsection (3) for “by the Lord Chancellor” substitute “in accordance with
20
subsection (3A) or (3B)”.
      (3)
After subsection (3) insert—
“(3A)
The Lord Chief Justice must appoint the persons referred to in
paragraphs (a) to (d) of subsection (3), after consulting the Lord
Chancellor.
25
(3B)
The Lord Chancellor must appoint the persons referred to in
paragraphs (e) to (g) of subsection (3), after consulting the Lord Chief
Justice.”
      (4)
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 this section.”
157   (1)
Section 420 (insolvent partnerships) is amended as follows.
      (2)
In subsection (1) after “Secretary of State” insert “and the Lord Chief Justice”.
      (3)
In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”.
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 this section.”
158   (1)
Section 421 (insolvent estates of deceased persons) is amended as follows.
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
98

      (2)
In subsection (1) after “Secretary of State” insert “and the Lord Chief Justice”.
      (3)
In subsection (2) after “Lord Chancellor” insert “and the Lord Chief 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
5
exercise his functions under this section.”
Coroners Act 1988 (c. 13)
159
The Coroners Act 1988 is amended as follows.
160   (1)
Section 3 (terms on which coroners hold office) is amended as follows.
      (2)
For subsection (4) substitute—
10
“(4)
The Lord Chancellor may, with the agreement of the Lord Chief
Justice, remove any coroner from office for inability or
misbehaviour.”
      (3)
In subsection (5) for “, wilful neglect of his duty or misbehaviour in the
discharge of his duty” substitute “or wilful neglect of his duty”.
15
161
In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.
Criminal Justice Act 1988 (c. 33)
162   (1)
In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation
for miscarriages of justice), paragraph 6 (power of removal) is amended as
follows.
20
      (2)
That paragraph becomes sub-paragraph (1) of paragraph 6.
      (3)
After that sub-paragraph insert—
“(2)
The Lord Chancellor may give consent under sub-paragraph (1)(a)
only with the concurrence of all of the following—
(a)
the Lord Chief Justice of England and Wales;
25
(b)
the Lord Chief Justice of Northern Ireland.”
Copyright, Designs and Patents Act 1988 (c. 48)
163
The Copyright, Designs and Patents Act 1988 is amended as follows.
164
In section 146 (membership of the Copyright Tribunal), after subsection (6)
insert—
30
“(7)
The Lord Chancellor may exercise his powers 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;
(c)
the Lord Chief Justice of Northern Ireland.”
35
165   (1)
Section 287 (patents county courts: special jurisdiction) is amended as
follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
99

      (2)
In subsection (1) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
      (3)
After subsection (5) insert—
“(6)
The Lord Chief Justice of England and Wales may nominate a
judicial office holder (as defined in section 95(4) of the Constitutional
5
Reform Act 2005) to exercise his functions under this section.”
166   (1)
Section 291 (proceedings in patents county court) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice
shall, after consulting the Lord Chancellor,”.
      (3)
After subsection (5) insert—
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 subsection (1).”
167   (1)
Section 292 (rights and duties of registered patent agents in relation to
proceedings in patents courts) is amended as follows.
15
      (2)
After subsection (2) insert—
“(2A)
The Lord Chancellor may make regulations under subsection (2)
only with the concurrence of the Lord Chief Justice.”
      (3)
After subsection (6) insert—
“(7)
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.”
Children Act 1989 (c. 41)
168
The Children Act 1989 is amended as follows.
169   (1)
Section 7 (welfare reports) is amended as follows.
25
      (2)
In subsection (2) 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
30
exercise his functions under subsection (2).”
170   (1)
Section 92 (jurisdiction of the courts) is amended as follows.
      (2)
In subsection (9) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (3)
In subsection (10) after “Lord Chancellor thinks expedient” insert “, after
35
consulting the Lord Chief Justice,”.
      (4)
After subsection (10) insert—
“(10A)
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 (9) or (10).”
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
100

171   (1)
Section 94 (appeals) is amended as follows.
      (2)
In subsection (10) after “Lord Chancellor may” insert “, after consulting the
Lord Chief Justice,”.
      (3)
After subsection (11) insert—
“(12)
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 (10).”
172
In section 96 (evidence given by, or with respect to, children), in subsection
(3) after “Lord Chancellor may” insert “, with the concurrence of the Lord
Chief Justice,”.
10
173   (1)
In section 97 (privacy for children involved in certain proceedings).
      (2)
In subsection (4) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
      (3)
After subsection (8) insert—
“(9)
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 functions under subsection (4).”
174   (1)
In Schedule 1 (financial provision for children), paragraph 5 (maximum
lump sum payable for maintenance of child by order of magistrates court) is
amended as follows.
20
      (2)
In sub-paragraph (2) after “Lord Chancellor may” substitute “, after
consulting the Lord Chief Justice,”.
      (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
25
exercise his functions under this paragraph.”
175   (1)
Schedule 11 (jurisdiction) is amended as follows.
      (2)
In paragraph 1 (commencement of proceedings) after “Lord Chancellor
may” in each place insert “, after consulting the Lord Chief Justice,”.
      (3)
In paragraph 2 (transfer of proceedings)—
30
(a)
in sub-paragraph (1) after “Lord Chancellor may” insert “, after
consulting the Lord Chief Justice,”;
(b)
in sub-paragraph (5) after “Lord Chancellor thinks appropriate”
insert “, after consulting the Lord Chief Justice,”.
      (4)
In paragraph 3 (hearings by a single justice), in sub-paragraph (1) after “Lord
35
Chancellor may” insert “, after consulting the Lord Chief Justice,”.
      (5)
In paragraph 4 (general)—
(a)
in sub-paragraph 5(a) after “Lord Chancellor considers expedient”
insert “, after consulting the Lord Chief Justice,”.
(b)
after sub-paragraph (5) insert—
40
    “(6)
The Lord Chief Justice may nominate a judicial office
holder (as defined in section 95(4) of the Constitutional

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
101

Reform Act 2005) to exercise his functions under this Part
of this Schedule.”
Courts and Legal Services Act 1990 (c. 41)
176
The Courts and Legal Services Act 1990 is amended as follows.
177   (1)
Section 1 (allocation of business between High Court and county courts) is
5
amended as follows.
      (2)
After subsection (1) insert—
“(1A)
An order under subsection (1)(a) or (b) may be made only with the
concurrence of the Lord Chief Justice.”
      (3)
In subsection (9) for “the President of the Family Division, the Vice-
10
Chancellor” substitute “the President of the Queen’s Bench Division, the
President of the Family Division, the Chancellor of the High Court”.
      (4)
After subsection (12) insert—
“(13)
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.”
178
In section 9 (allocation of family proceedings which are within the
jurisdiction of the county courts), in subsection (1) for the words from the
beginning to “Family Division,” substitute “The President of the Family
Division may, after consulting the Lord Chancellor,”.
20
179   (1)
Section 11 (representation in certain county court cases) is amended as
follows.
      (2)
In subsection (1) after “Lord Chancellor may” insert “, with the concurrence
of the Lord Chief Justice,”.
      (3)
Omit subsection (10).
25
      (4)
After subsection (11) insert—
“(12)
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).”
180   (1)
Section 73 (delegation of certain administrative functions of Master of the
30
Rolls) is amended as follows.
      (2)
In subsection (3)—
(a)
for “Lord Chancellor may” substitute “Lord Chief Justice may, with
the concurrence of the Lord Chancellor,”;
(b)
for “Lord Chancellor considers” substitute “Lord Chief Justice and
35
Lord Chancellor consider”.
      (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 subsection (3).”
40

Constitutional Reform Bill [HL]
Schedule 4 — Other functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
102

181
In section 119 (interpretation), in subsection (1) in the definition of
“designated judge” for “the President of the Family Division or the Vice-
Chancellor” substitute “the President of the Queen’s Bench Division, the
President of the Family Division or the Chancellor of the High Court”.
Armed Forces Act 1991 (c. 62)
5
182   (1)
In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for
miscarriages of justice), paragraph 6 (power of removal) is amended as
follows.
      (2)
That paragraph becomes sub-paragraph (1) of paragraph 6.
      (3)
After that sub-paragraph insert—
10
“(2)
The Lord Chancellor may give consent under sub-paragraph (1)(a)
or (1)(c) only with the concurrence of the following—
(a)
the Lord Chief Justice of England and Wales;
(b)
the Lord Chief Justice of Northern Ireland.”
Child Support Act 1991 (c. 48)
15
183
The Child Support Act 1991 is amended as follows.
184   (1)
Section 8 (role of the courts with respect to maintenance of children) is
amended as follows.
      (2)
After subsection (5) insert—
“(5A)
The Lord Chancellor may make an order under subsection (5) only
20
with the concurrence of the Lord Chief Justice.”
      (3)
After subsection (11) insert—
“(12)
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.”
25
185
In section 45 (jurisdiction of courts in certain proceedings under the Act),
after subsection (7) insert—
“(8)
The functions of the Lord Chancellor under this section may be
exercised only after consultation with the Lord Chief Justice.
(9)
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 this section.”
186
In Schedule 4 (Child Support Commissioners), in paragraph 1 (tenure of
office) after sub-paragraph (3) insert—
   “(3A)
The Lord Chancellor may remove a Child Support Commissioner
35
under sub-paragraph (3) only with the concurrence of—
(a)
the Lord Chief Justice of England and Wales, and
(b)
the Lord President of the Court of Session.”