Mr Christopher Leslie
540
Schedule 4, page 117, line 35, at end insert
'(aa) in sub-paragraph (4)(c) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor";'.
Mr Christopher Leslie
541
Schedule 4, page 117, line 40, at end insert
'(6) | The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(c) |
(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
542
Schedule 4, page 118, line 13, at end insert
247A | (1) | Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office Company: supplementary provisions) is amended as follows. |
(2) | In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland". |
(3) | In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland". |
247B | | The Transport Act 2000 is amended as follows. |
247C | | In section 61 (special provisions about land), in subsection (6)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland". |
247D | | In section 93 (control in time of hostilities etc), in subsection (10)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland". |
247E | | In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland". |
247F | (1) | Schedule 6 (transfer schemes) is amended as follows. |
(2) | In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland".'. |
Mr Christopher Leslie
543
Schedule 4, page 119, line 36, leave out sub-paragraph (2) and insert
(a) omit "made with the concurrence of the Lord Chancellor";
(b) after "tribunal" insert "; but any such order must
"(a) | if it relates to England and Wales, be made with the concurrence of the Lord Chief Justice of England and Wales; |
(b) | if it relates to Northern Ireland, be made with the concurrence of the Lord Chief Justice of Northern Ireland".'. |
Mr Christopher Leslie
544
Schedule 4, page 119, line 41, at end insert
'(17) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7)
(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
436
Schedule 4, page 120, line 3, after 'office', insert 'as President'.
Mr Christopher Leslie
437
Schedule 4, page 120, line 7, at end insert
'(6) | The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge. |
(7) | 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
438
Schedule 4, page 121, line 2, leave out 'section' and insert 'paragraph'.
Mr Christopher Leslie
439
Schedule 4, page 121, line 4, leave out 'section' and insert 'paragraph'.
Mr Christopher Leslie
440
Schedule 4, page 121, line 24, leave out 'section' and insert 'paragraph'.
Mr Christopher Leslie
441
Schedule 4, page 121, line 27, leave out 'section' and insert 'paragraph'.
Mr Christopher Leslie
442
Schedule 4, page 126, leave out line 7 and insert
'(1) There is to be a Head of Civil Justice.
(1A) The Head of Civil Justice is
(a) | the Master of the Rolls, or |
(b) | if the Lord Chief Justice appoints another person, that person.'. |
Mr Christopher Leslie
443
Schedule 4, page 126, line 10, after 'subsection', insert '(1A)(b) or'.
Mr Christopher Leslie
444
Schedule 4, page 126, line 16, leave out "as Deputy Head of Civil Justice holds that office" and insert "under subsection (1A)(b) or (2) holds the office to which he is appointed".
Mr Christopher Leslie
445
Schedule 4, page 127, line 4, at end insert
'281A | | In section 69 (Criminal Procedure Rules), in subsection (4) omit "or alter".'. |
Mr Christopher Leslie
446
Schedule 4, page 127, line 39, after 'State,' insert 'allow or'.
Mr Christopher Leslie
447
Schedule 4, page 128, line 13, at end insert
'(4) The Lord Chancellor may not give notice under subsection (1) unless the Secretary of State agrees.'.
Mr Christopher Leslie
448
Schedule 4, page 128, line 22, at end insert
'286A | | In section 75 (Family Procedure Rules), in subsection (5) omit "or alter".'. |
Mr Christopher Leslie
449
Schedule 4, page 128, line 29, leave out '(e)' and insert '(f)'.
Mr Christopher Leslie
450
Schedule 4, page 128, line 31, leave out '(f)' and insert '(g)'.
Mr Christopher Leslie
451
Schedule 4, page 129, line 5, leave out 'amend' and insert 'change'.
Mr Christopher Leslie
452
Schedule 4, page 129, line 18, after 'may', insert 'allow or'.
Mr Christopher Leslie
453
Schedule 4, page 130, line 24, leave out paragraph 293.
Mr Christopher Leslie
545
Schedule 4, page 130, line 28, at end insert
'(1) | Section 102 (power to alter judicial titles: Northern Ireland) is amended as follows. |
(3) | After subsection (6) insert |
"(6A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
(6B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)
(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
546
Schedule 4, page 130, line 35, leave out sub-paragraph (2) and insert
'( ) | After subsection (4) insert |
"(4A) The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)
(a) | before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales; |
(b) | before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales. |
(4B) The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)
(a) | before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland; |
(b) | before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.".'. |
Mr Christopher Leslie
547
Schedule 4, page 130, line 42, at end insert
'(8) 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
548
Schedule 4, page 131, line 24, at end insert
'(2A) | In subsection (1)(c) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor".'. |
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