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Mr Christopher Leslie
391
Schedule 4, page 76, line 24, leave out from 'of' to end of line 25 and insert 'the Lord Chief Justice of England and Wales'.
Mr Christopher Leslie
392
Schedule 4, page 76, line 35, leave out from 'functions' to end of line 36 and insert 'under subsection (11A).'.
Mr Christopher Leslie
393
Schedule 4, page 76, line 40, leave out from 'section' to end of line 41.
Mr Christopher Leslie
394
Schedule 4, page 77, line 2, leave out from 'section' to end of line 4.
Mr Christopher Leslie
395
Schedule 4, page 77, line 36, leave out from first 'of' to end of line 37 and insert 'the appropriate senior judge.
(8B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.".'.
Mr Christopher Leslie
510
Schedule 4, page 82, line 6, at end insert—
| "80A | | The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 is amended as follows. |
| 80B | | In Article 6 (directions in relation to appeals brought or continued under the Order) for "judge of the High Court nominated by the Lord Chancellor in accordance with" substitute "relevant judicial authority for the purposes of". |
| 80C | | In Article 10 (application to Scotland), omit paragraphs (b) and (c). |
| 80D | | In Article 11 (application to Northern Ireland)— |
(a) omit paragraphs (b) and (c)';
(b) in paragraph (d) for "Chairman" substitute "President".".'.
Mr Christopher Leslie
511
Schedule 4, page 82, leave out lines 33 to 35 and insert—
'(1A) In a case that falls within subsection (1)(c), the Lord Chancellor must consult—
| (a) | the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales; |
| (b) | the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland; |
| (c) | the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.".'. |
Mr Christopher Leslie
512
Schedule 4, page 82, line 39, at end insert—
'(8) 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.
(9) 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); |
| (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).".' |
Mr Christopher Leslie
396
Schedule 4, page 86, line 31, at end insert—
| '( ) | In subsection (1) omit "except the Lord Chancellor".'. |
Mr Christopher Leslie
645
Schedule 4, page 90, line 21, leave out 'Supreme Court' and insert 'Senior Courts'.
Mr Christopher Leslie
397
Schedule 4, page 91, line 1, leave out paragraph 113 and insert—
| '(1) | Section 96 (Central Office) is amended as follows. |
| (2) | In subsection (1) leave out "Lord Chancellor may" and insert "Lord Chief Justice may, with the concurrence of the Lord Chancellor,". |
| (3) | In subsection (2) for "of the Lord Chancellor under this section" substitute "under subsection (1)". |
| (4) | 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.".'.
Mr Christopher Leslie
646
Schedule 4, page 91, line 3, leave out 'Supreme Court' and insert 'Senior Courts'.
Mr Christopher Leslie
398
Schedule 4, page 92, line 12, leave out paragraph 123.
Mr Christopher Leslie
399
Schedule 4, page 93, line 11, at end insert—
| '(1) | Schedule 2 (mental health review tribunals) is amended as follows. |
| (2) | In paragraph 1(b) and (c) omit "after consultation with the Secretary of State". |
| (3) | After paragraph 1 insert— |
| "1A | | As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State."'. |
Mr Christopher Leslie
400
Schedule 4, page 93, line 11, at end insert—
| 130B | (1) | Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows. |
(a) for the words from the beginning to "benefices" substitute "any consent under the foregoing subsection in respect of a benefice or benefices";
(b) omit the words from ", or a" to "books";
(c) omit "last-mentioned".
| (3) | Omit paragraph (b).'. |
Mr Christopher Leslie
513
Schedule 4, page 93, line 13, leave out paragraph 131.
Mr Christopher Leslie
401
Schedule 4, page 94, line 28, at end insert—
| | | 'In section 38 (remedies available in county courts), in subsection (5) for "by the Lord Chancellor under this section" substitute "under this section by the Lord Chancellor after consulting the Lord Chief Justice".'. |
Mr Christopher Leslie
514
Schedule 4, page 95, line 27, at end insert—
| 145A | | The Inheritance Tax Act 1984 is amended as follows. |
| 145B | | In section 256 (regulations about accounts etc), for subsection (3A) substitute— |
"(3A) Regulations under this section may only be made—
| (a) | in relation to England and Wales, after consulting the Lord Chancellor; |
| (b) | in relation to Scotland, after consulting the Scottish Ministers; |
| (c) | in relation to Northern Ireland, after consulting the Lord Chief Justice of Northern Ireland. |
(3B) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—
| (a) | the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; |
| (b) | a Lord Justice of Appeal (as defined in section 88 of that Act)." |
| 145C | (1) | Section 257 (form etc of accounts) is amended as follows. |
| (2) | In subsection (3) for "Lord Chancellor" substitute "Lord Chief Justice of Northern Ireland". |
| (3) | After subsection (3) insert— |
"(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3)—
| (a) | the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; |
| (b) | a Lord Justice of Appeal (as defined in section 88 of that Act)." |
| | (1) | Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows. |
| (2) | In paragraph 2 (membership of Reinstatement Committees), for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".'. |
Mr Christopher Leslie
402
Schedule 4, page 95, line 31, leave out sub-paragraph (2) and insert—
| '( ) | In paragraph 3 (tenure of office), after sub-paragraph (3) insert— |
"(3A) The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
| (3B) | The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.".'. |
Mr Christopher Leslie
404
Schedule 4, page 95, line 34, leave out sub-paragraph (a) and insert—
| '( ) | in sub-paragraph (1) for "Lord Chancellor" substitute "Lord Chief Justice"; |
| ( ) | after sub-paragraph (1) insert— |
"(1A) Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—
(a) consult the Lord Chancellor, and
(b) obtain the agreement of the Lord President of the Court of Session.".'
Mr Christopher Leslie
405
Schedule 4, page 95, line 41, at end insert—
| '(5) | 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 sub-paragraph (1A)(b).".'. |
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