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Mr Christopher Leslie
549
Schedule 4, page 131, line 28, at end insert—
'(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(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
550
Schedule 4, page 131, line 31, at end insert—
| '(2A) | In subsection (1)(c) for "Lord Chancellor" substitute "Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.".'. |
Mr Christopher Leslie
551
Schedule 4, page 131, line 35, at end insert—
'(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(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
552
Schedule 4, page 131, line 35, at end insert—
| | | 'In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)— |
(a) in paragraph (a) for "by the Lord Chancellor" substitute "under section 67";
(b) in paragraph (b) for "by the Lord Chancellor" substitute "under section 139".
Mr Christopher Leslie
553
Schedule 4, page 134, line 20, at end insert—
| 310A | (1) | Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows. |
(a) for "a judge of the High Court nominated for the purpose by the Lord Chancellor" substitute "the relevant judicial authority";
(b) for "judge so nominated" substitute "relevant judicial authority";
(c) for "that judge" substitute "that authority".
| (3) | After subsection (2) insert— |
"(2ZA) In subsection (2) "relevant judicial authority" means—
| (a) | in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; |
| (b) | in relation to Scotland, the Court of Session; |
| (c) | in relation to Northern Ireland, the Court of Appeal in Northern Ireland. |
(2ZB) 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 (2ZA)(a)."
| (4) | After subsection (4) insert— |
"(5) In the application of subsection (2) in relation to Northern Ireland, "rules of court" means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978."
| (5) | In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004.'. |
Mr Christopher Leslie
554
Schedule 4, page 135, line 21, after 'Wales', insert 'or on the Lord Chief Justice of Northern Ireland'.
Mr Christopher Leslie
555
Schedule 4, page 135, line 22, at end insert—
'( ) The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.'.
Mr Christopher Leslie
556
Schedule 4, page 135, line 25, at end insert—
'( ) 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 section.
( ) 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
454
Schedule 4, page 135, line 31, leave out from first 'of' to end of line 3 on page 136 and insert 'the appropriate senior judge.
( ) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
| (a) | the member 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 member 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
557
Schedule 4, page 136, line 13, at end insert—
'(4) 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 section.
(5) 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
456
Schedule 4, page 137, line 38, leave out sub-paragraph (b).
Mr Christopher Leslie
457
Schedule 4, page 138, line 16, after 'of', insert 'Schedule 8 to'.
Mr Christopher Leslie
458
Schedule 4, page 139, line 7, after 'of', insert 'Schedule 8 to'.
Mr Christopher Leslie
459
Schedule 4, page 139, line 10, leave out paragraph 328.
Mr Christopher Leslie
558
Schedule 4, page 139, line 19, at end insert—
| 328A | | The Railways Act 1993 is amended as follows. |
| 328B | (1) | In section 91 (transfer schemes: general), in subsection (7)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland". |
| (2) | In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000. |
| 328C | (1) | Schedule 8 (transfers by transfer scheme) is amended as follows. |
| (2) | In paragraph 14 (third parties affected by vesting provisions), in sub-paragraph (5)(c) for "Lord Chancellor" substitute "Chairman for the time being of the Royal Institution of Chartered Surveyors in Northern Ireland". |
| (3) | In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000.'. |
Mr Christopher Leslie
460
Schedule 4, page 143, line 1, leave out 'with the concurrence of' and insert 'after consulting'.
Mr Christopher Leslie
461
Schedule 4, page 143, line 41, leave out 'section' and insert 'paragraph'.
Mr Christopher Leslie
462
Schedule 4, page 144, line 7, at end insert—
| (1) | In Schedule 5 to the Nationality, Immigration and Asylum Act 2002 (Immigration Appeal Tribunal), paragraph 3 (appointment of President) is amended as follows. |
| (2) | That paragraph becomes sub-paragraph (1) of paragraph 3. |
| (3) | In that sub-paragraph, after "Lord Chancellor shall" insert ", with the concurrence of the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,". |
| (4) | After that sub-paragraph insert— |
"(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 his functions under this paragraph.
| (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 his functions under this paragraph. |
| (4) | 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)."
| (5) | In relation to the enactment referred to in this paragraph, the original amending provision is section 26(5)(b) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19).'. |
Mr Oliver Heald
Mr Dominic Grieve
Mr Jonathan Djanogly
355
Clause 14, page 6, line 9, leave out from 'that' to end of line 14 and insert 'I will well and truly serve our Sovereign..........in the office of Lord High Chancellor of Great Britain and that I will faithfully and at all times uphold the continued independence of the judiciary and the rule of law, in accordance with the laws and usages of this Realm.".'.
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