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Mr Christopher Leslie
526
Schedule 4, page 104, line 12, at end insert—
'(15) 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
527
Schedule 4, page 105, line 15, leave out paragraph 199 and insert—
| '199 | | In section 86 (appeals to the Court of Appeal), after subsection (2) insert— |
"(2A) Before making an order under this section that relates to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.
(2B) Before making an order under this section that relates to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.
(2C) 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 this section.
(2D) 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; |
| (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).".'. |
Mr Christopher Leslie
415
Schedule 4, page 105, line 27, leave out 'designate' and insert 'nominate'.
Mr Christopher Leslie
416
Schedule 4, page 105, line 35, after '95', insert '(4)'.
Mr Christopher Leslie
417
Schedule 4, page 105, line 38, leave out 'designation' and insert 'nomination'.
Mr Christopher Leslie
418
Schedule 4, page 105, line 43, leave out 'designation' and insert 'nomination'.
Mr Christopher Leslie
419
Schedule 4, page 106, line 3, leave out 'designation' and insert 'nomination'.
Mr Christopher Leslie
420
Schedule 4, page 106, line 26, leave out 'section' and insert 'paragraph'.
Mr Christopher Leslie
528
Schedule 4, page 106, line 31, leave out from 'panels)' to end of line 35 and insert '—
(a) in sub-paragraph (3)(c) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor";
(b) for sub-paragraph (7) substitute—
"(7A) The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(a).
| (7B) | The Lord President of the Court of Session may remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(b).".'. |
Mr Christopher Leslie
421
Schedule 4, page 106, line 40, leave out from first 'of' to end of line 43 and insert 'the appropriate senior judge.
(6) 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.".'. |
Mr Christopher Leslie
422
Schedule 4, page 107, line 8, leave out paragraph 203 and insert—
| '202A | | The Reserve Forces Act 1996 is amended as follows. |
| 202B | | In section 90 (appointment of panel of chairmen), after subsection (1) insert— |
"(1A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs."
| 202C | | In section 91 (appointment of panel of ordinary members), after subsection (2) insert— |
"(2A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs."
| 202D | (1) | Section 92 (membership of tribunals etc) is amended as follows. |
| (2) | In subsection (1) for "by the Lord Chancellor" substitute "in accordance with subsection (2)". |
| (3) | For subsections (2) and (3) substitute— |
"(2) The chairman and other members are to be selected as follows—
| (a) | in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; |
| (b) | in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session; |
| (c) | in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor. |
(3) Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters.
(4) The officer is to be appointed as follows—
| (a) | in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; |
| (b) | in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session; |
| (c) | in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.". |
| 202E | | After section 92 insert— |
"92A Sections 90 to 92: supplementary
(1) In sections 90 and 91 "appropriate senior judge", in relation to the appointment of a person to be a member of a panel, means—
| (a) | if the person is to be appointed to exercise functions wholly or mainly in relation to England and Wales, the Lord Chief Justice of England and Wales; |
| (b) | if the person is to be appointed to exercise functions wholly or mainly in relation to Scotland, the Lord President of the Court of Session; |
| (c) | if the person is to be appointed to exercise functions wholly or mainly in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland. |
(2) 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 any of his functions under sections 90 to 92.
(3) 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 any of his functions under sections 90 to 92.
(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under sections 90 to 92—
| (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
42
Schedule 4, page 107, line 23, leave out sub-paragraphs (3) to (5) and insert—
| '(3) | In subsection (3) for "Lord Chancellor shall, after consultation with the Lord President of the Court of Session," substitute "Lord Chief Justice shall". |
| (4) | After subsection (3) insert— |
"(3A) The Lord Chief Justice must not make an appointment under subsection (3) unless—
| (a) | he has consulted the Lord Chancellor, and |
| (b) | the Lord President of the Court of Session agrees.".'. |
Mr Christopher Leslie
424
Schedule 4, page 107, line 32, at end insert—
| '(6) | 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 (3A)(b).".'. |
Mr Christopher Leslie
425
Schedule 4, page 108, line 29, leave out paragraph 208 and insert—
| | | 'In section 25 (tenure of appointed members), after subsection (4) insert— |
"(5) The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge.
(6) 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 Scotland, in which case it is the Lord President of the Court of Session.".'.
Mr Christopher Leslie
529
Schedule 4, page 109, line 32, at end insert 'in relation to England and Wales.
'( ) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland.'.
Mr Christopher Leslie
530
Schedule 4, page 109, line 35, at end insert—
'( ) 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; |
| (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).".'. |
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