|
Mr Christopher Leslie
515
Schedule 4, page 96, line 7, at end insert—
| | | In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985 (application to Northern Ireland), omit sub-paragraph (a).'.' |
Mr Christopher Leslie
406
Schedule 4, page 96, line 27, leave out sub-paragraphs (2) and (3) and insert—
| '( ) | In subsection (1)(a) after "Secretary of State" insert "and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice".'. |
Mr Christopher Leslie
407
Schedule 4, page 97, line 7, leave out sub-paragraphs (2) and (3) and insert—
| '( ) | In subsection (1) after "Secretary of State" insert "and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice".'. |
Mr Christopher Leslie
408
Schedule 4, page 98, line 19, leave out from 'justice),' to end of line 26 and insert 'for paragraph 6 (power of removal) substitute—
| "6 | (1) | The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph. |
| (2) | In the case of a person who qualifies for appointment under— |
(b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
| (3) | In the case of a person who qualifies for appointment under— |
(b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
| (4) | In the case of a person who qualifies for appointment under— |
(b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.".'.
Mr Christopher Leslie
516
Schedule 4, page 98, line 26, at end insert—
| | | 'In section 134 (General Commissioners for Northern Ireland), omit subsection (4).'. |
Mr Christopher Leslie
409
Schedule 4, page 98, leave out lines 29 and 30 and insert—
| '(1) | Section 146 (membership of the copyright tribunal) is amended as follows. |
| (2) | After subsection (6) insert—'. |
Mr Christopher Leslie
410
Schedule 4, page 98, line 31, leave out 'under subsection (3)' and insert 'to remove a person under subsection (3) or to appoint a person under subsection (4)'.
Mr Christopher Leslie
411
Schedule 4, page 98, line 32, leave out from first 'of' to end of line 35 and insert 'the appropriate senior judge.
(8) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
| (a) | the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or |
| (b) | the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland. |
(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 95(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).
(10) 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 subsection (7) in relation to the appointment of a person under subsection (4).
(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)—
| (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
517
Schedule 4, page 100, line 12, leave out sub-paragraph (2) and insert—
| '( ) | In subsection (4) after "requires it" insert "and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees".'. |
Mr Christopher Leslie
412
Schedule 4, page 102, line 7, leave out from 'justice),' to end of line 14 and insert 'for paragraph 6 (power of removal) substitute—
| "6 | (1) | The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph. |
| (2) | In the case of a person who qualifies for appointment under— |
(b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
| (3) | In the case of a person who qualifies for appointment under— |
(b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
| (4) | In the case of a person who qualifies for appointment under— |
(b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.".'.
Mr Christopher Leslie
413
Schedule 4, page 102, line 33, leave out paragraph 186 and insert—
| '(1) | Schedule 4 (Child Support Commissioners) is amended as follows. |
| (2) | In paragraph 1 (tenure of office), after sub-paragraph (3) insert— |
"(3A) The Lord Chancellor may remove a Child Support Commissioner 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 Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session." |
| (3) | In paragraph 8 (application of Schedule to Northern Ireland), before sub-paragraph (b) insert— |
"(ab) paragraph 1(3A) and (3B) were omitted;".'.
Mr Christopher Leslie
518
Schedule 4, page 103, line 11, at end insert—
| '187A | | The Tribunal and Inquiries Act 1992 is amended as follows. |
| 187B | | In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).'. |
Mr Christopher Leslie
519
Schedule 4, page 103, line 12, leave out 'of the Tribunals and Inquiries Act 1992'.
Mr Christopher Leslie
520
Schedule 4, page 103, line 26, leave out sub-paragraph (2) and insert—
| '( ) | After subsection (3) insert— |
"(3A) Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)—
| (a) | consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales; |
| (b) | consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.".'. |
Mr Christopher Leslie
521
Schedule 4, page 103, line 32, at end insert—
'(10) 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
522
Schedule 4, page 103, line 35, leave out 'each place' and insert 'subsections (5) and (6)'.
Mr Christopher Leslie
523
Schedule 4, page 104, leave out lines 4 and 5 and insert—
'(b) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to England and Wales, the Lord Chief Justice of England and Wales;
(c) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.".'.
Mr Christopher Leslie
524
Schedule 4, page 104, line 7, after 'Justice', insert 'of England or Wales or the Lord Chief Justice of Northern Ireland'.
Mr Christopher Leslie
525
Schedule 4, page 104, line 10, after 'Justice', insert 'of England or Wales'.
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