|
Mr Christopher Leslie
427
Schedule 4, page 110, line 20, at end insert—
| '220A | | In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit "or alter".'. |
Mr Christopher Leslie
428
Schedule 4, page 112, line 11, at end insert ', after consulting the Lord Chief Justice'.
Mr Christopher Leslie
429
Schedule 4, page 112, line 17, at end insert ', after consulting the Lord Chancellor'.
Mr Christopher Leslie
531
Schedule 4, page 112, line 25, at end insert—
| '( ) | In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".'. |
Mr Christopher Leslie
532
Schedule 4, page 112, line 26, after 'appointment)', insert '—
'(a) in sub-paragraph (5) for "paragraph 2, 3 or 4" substitute "paragraph 2 or 3";'.
Mr Christopher Leslie
533
Schedule 4, page 112, line 32, at end insert—
| '( ) | In paragraph 16 (interpretation), in paragraph (c) of the definition of "appointing authority" for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".'. |
Mr Christopher Leslie
534
Schedule 4, page 112, line 32, at end insert—
| | (1) | Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 (acknowledgement and registration of appeal and request to select tribunal) is amended as follows. |
| (2) | In sub-paragraph (c), for the words from "Lord Chancellor" to "Northern Ireland" substitute "person who under section 92(2) of the Act is authorised to do so,".'. |
Mr Christopher Leslie
430
Schedule 4, page 112, line 35, leave out paragraph 229 and insert—
| '(1) | Section 6 (panel for appointment to appeal tribunals) is amended as follows. |
| (2) | In subsection (2) for the words from "such" to the end substitute "persons appointed by the Lord Chancellor". |
| (3) | After subsection (3) insert— |
"(3A) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer."'.
| (4) | In subsection (5) after "misbehaviour" insert "; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge". |
| (5) | After subsection (5) insert— |
"(5A) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless 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.".'.
Mr Christopher Leslie
431
Schedule 4, page 113, line 3, after 'Justice', insert 'and the Lord President of the Court of Session'.
Mr Christopher Leslie
432
Schedule 4, page 113, line 7, leave out from 'of' to end of line 9 and insert 'the appropriate senior judge.
| (1B) | The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.".'. |
Mr Christopher Leslie
433
Schedule 4, page 114, line 25, after '95', insert '(4)'.
Mr Christopher Leslie
535
Schedule 4, page 114, line 28, leave out paragraph 235 and insert—
| | | 'In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert— |
"(7A) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)—
| (a) | before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales; |
| (b) | before making the order, that person must consult the Lord Chief Justice of England and Wales. |
(7B) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)—
| (a) | before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland; |
| (b) | before making the order, that person must consult the Lord Chief Justice of Northern Ireland. |
(7C) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 95(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(7D) 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
536
Schedule 4, page 115, line 13, leave out sub-paragraphs (2) and (3) and insert—
| '(2) | In subsection (2), in the definition of "relevant international court" for "for the purposes of this section by the Lord Chancellor or the Secretary of State" substitute "in relation to the holder of a United Kingdom judicial office by the appropriate Minister". |
| (3) | In subsection (6) for "subsection (5)" substitute "this section". |
| (4) | After subsection (7) insert— |
"(8) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.
(9) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.
(10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 95(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).
(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)—
| (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
537
Schedule 4, page 116, leave out lines 2 to 8 and insert—
'(6A) In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval.
(6B) In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before giving his approval.".'.
Mr Christopher Leslie
538
Schedule 4, page 116, line 12, at end insert—
'(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; |
| (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).".'. |
Mr Christopher Leslie
434
Schedule 4, page 116, line 16, leave out from 'of' to end of line 19 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 dismissed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b) that person exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.".'.
Mr Christopher Leslie
435
Schedule 4, page 117, line 3, leave out from 'of' to end of line 6 and insert 'the appropriate senior judge.
| (2B) | 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
539
Schedule 4, page 117, line 10, at end insert—
| | '(1) | Section 74 (court for trial) is amended as follows. |
(a) after "unless" insert "the Lord Chief Justice of Northern Ireland directs that";
(b) in paragraph (a) omit from "the Lord Chancellor" to "directs that";
(c) in paragraph (b) omit "the Lord Chief Justice of Northern Ireland directs that".
| (3) | After subsection (1) insert— |
"(1A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—
| (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).".'. |
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