Amendments proposed to the Constitutional Reform Bill [Lords] - continued	House of Commons
back to previous text

   

Mr Christopher Leslie

494

Schedule     4,     page     64,     line     36,     at end insert—

'(4)	After the paragraph beginning "In Ireland" insert—

       "The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding paragraph—

(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

495

Schedule     4,     page     66,     line     17,     after 'by', insert 'the Lord Chancellor with the concurrence of'.

   

Mr Christopher Leslie

496

Schedule     4,     page     66,     line     29,     at end insert—

'12A

In section 18 (application to Scotland and Northern Ireland)—

(a)   omit subsection (2);

(b)   for subsection (4) substitute—

    "(4)   Sections seven and nine of this Act shall have effect with these modifications—

(a)	in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session;

(b)	in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.".'.

   

Mr Christopher Leslie

497

Schedule     4,     page     67,     line     1,     leave out paragraphs 15 to 17 and insert—

'14A

In section 6D (procedure in proceedings before Commissioner), after subsection (8) insert—

    "(9)   In the application of this section to Northern Ireland—

(a)	for any reference to the Social Security Act 1998 there shall be substituted a reference to the Social Security (Northern Ireland) Order 1998;

(b)	for any reference to section 16 of that Act there shall be substituted a reference to Article 16 of that Order."

14B

Omit section 13 (application to Scotland).

14C

Omit section 14 (application to Northern Ireland).'.

   

Mr Christopher Leslie

498

Schedule     4,     page     67,     line     18,     leave out sub-paragraphs (2) and (3) and insert—

'(2)	For paragraph 1 substitute—

"1

(1)

There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(2)	There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(3)	There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

(4)	The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1).

(5)	The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).

(3)	In paragraph 2 (membership)—

(a)   in sub-paragraph (1) for "appointed by the Lord Chancellor" substitute "appointed—

(a)   in relation to England and Wales, by the Lord Chancellor;

(b)   in relation to Scotland, by the Lord President of the Court of Session;

(c)   in relation to Northern Ireland, by the Lord Chancellor";

(b)   in sub-paragraph (2A) for "sub-paragraphs (3)" substitute "sub-paragraphs (3A), (3B)";

(c)   for sub-paragraph (3) substitute—

    "(3A)   The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a).

(3B)	The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).";

(d)   in sub-paragraph (4) for "sub-paragraph (3)" substitute "sub-paragraphs (3A) and (3B)".

(4)	In paragraph 2A (persons to be appointed to Tribunals)—

(a)   in sub-paragraph (1) for the words from "The Lord Chancellor" to "paragraph 2 above" substitute "Any person making appointments under paragraph 2 shall ensure that the appointments";

(b)   in sub-paragraph (4) for the words from "In making" to "the Lord Chancellor" substitute "It shall be the duty of any person making an appointment under paragraph 2".

(5)	In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".

(6)	In paragraph 5 (rules)—

(a)   in sub-paragraph (1) for "the Lord Chancellor may make rules" substitute "rules may be made";

(b)   for "Lord Chancellor" in the second place substitute "person making them";

(c)   after sub-paragraph (1) insert—

    "(1A)   Such rules are to made by the following person—

(a)   if the rules relate to England and Wales, by the Lord Chancellor;

(b)   if the rules relate to Scotland, by the Lord President of the Court of Session;

(c)   if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.";

(d)   in sub-paragraph (4)(b) after "Lord Chancellor" insert ", or in relation to Scotland by the Lord President of the Court of Session, in either case".

(7)	Before paragraph 8 insert—

"7B

(1)

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 paragraph 1.

(2)	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 any of the provisions listed in sub-paragraph (3).

(3)	Those provisions are—

(a)   paragraph 3C(2)(b);

(b)   paragraph 5(1A)(b).

(4)	The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)—

(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).

(5)	Those provisions are—

(a)   paragraph 1;

(b)   paragraph 3C(2)(c);

(c)   paragraph 5(1A)(c).".'.

   

Mr Christopher Leslie

378

Schedule     4,     page     69,     leave out lines 18 to 24 and insert 'for subsection (1) substitute—

    "(1)   The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following—

(a)	the Lord Chief Justice of England and Wales;

(b)	the Lord President of the Court of Session;

(c)	the Lord Chief Justice of Northern Ireland.

    (1A)   The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following—

(a)	the Lord Chief Justice of England and Wales;

(b)	the Lord President of the Court of Session;

(c)	the Lord Chief Justice of Northern Ireland.

    (1B)   An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.

    (1C)   The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a)	the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b)	the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.".'.

   

Mr Christopher Leslie

499

Schedule     4,     page     69,     line     29,     after 'Justice' insert 'of England and Wales'.

   

Mr Christopher Leslie

500

Schedule     4,     page     69,     line     30,     at end insert 'that relate to England and Wales.'.

   

Mr Christopher Leslie

501

Schedule     4,     page     69,     line     34,     leave out sub-paragraph (3).

   

Mr Christopher Leslie

379

Schedule     4,     page     69,     line     34,     at end insert—

'City of London (Guild Churches) Act 1952 (c. xxxviii)

In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of—

(a)   All Hallows London Wall,

(b)   St. Margaret Pattens, and

(c)   St. Mary Aldermary,

substitute "Her Majesty".'.

   

Mr Christopher Leslie

502

Schedule     4,     page     70,     line     16,     leave out sub-paragraphs (2) to (4) and insert—

'34A

(1)

Paragraph 4 (inquiries into objections) is amended as follows.

(2)	In sub-paragraph (1) for "by the Lord Chancellor" substitute "in accordance with sub-paragraph (1A)".

(3)	After sub-paragraph (1) insert—

    "(1A)   A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows—

(a)   if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b)   if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session;

(c)   if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor."

(4)	In sub-paragraph (3) for "The Lord Chancellor shall by statutory instrument make rules of procedure" substitute "Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A)".

(5)	After sub-paragraph (3) insert—

    "(3A)   Rules under sub-paragraph (3) are to be made as follows—

(a)   if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor;

(b)   if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session;

(c)   if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland."

(6)	In sub-paragraph (4) for the words from "as the Lord Chancellor" to the end substitute "as may be determined, with the approval of the Treasury—

(a)   by the Lord Chancellor, or

(b)   in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State."

(7)	After sub-paragraph (4) insert—

    "(5)   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 paragraph.

(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 this paragraph.

(7)	The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(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)."

34B

(1)

Paragraph 8 (application to court to challenge order) is amended as follows.

(2)	That paragraph becomes sub-paragraph (1) of paragraph 8.

(3)	In that sub-paragraph "for High Court" substitute "appropriate court".

(4)	After that sub-paragraph insert—

"(2)

    "(2)   In this paragraph "appropriate court" means—

(a)   if the order relates to land in England and Wales, the High Court in England and Wales;

(b)   if the order relates to land in Scotland, the Court of Session;

(c)   if the order relates to land in Northern Ireland, the High Court in Northern Ireland."

34C

Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).'.

Prepared 1 Mar 2005