cwh0103.269-275

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

269

House of Commons

Tuesday 1st March 2005

Committee of the Whole House

Proceedings

Constitutional Reform Bill [Lords]

[Third DAY]

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Withdrawn  360

Clause  8,  page  4,  line  29,  at end insert ‘in England and Wales’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not called  352

Clause  8,  page  4,  line  34,  at end insert ‘in England and Wales’.

Mr Christopher Leslie

Agreed to  25

Clause  8,  page  4,  line  37,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not called  353

Clause  9,  page  5,  line  2,  at end insert ‘in England and Wales’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not called  354

Clause  9,  page  5,  line  4,  at end insert ‘in England and Wales’.

Committee of the whole House Proceedings: 1st March 2005
270

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  26

Clause  9,  page  5,  line  7,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Clause 10 Agreed to.

Mr Christopher Leslie

Agreed to  27

Schedule  1,  page  54,  line  12,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  28

Schedule  1,  page  54,  line  24,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  29

Schedule  1,  page  54,  line  25,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  30

Schedule  1,  page  54,  line  26,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  31

Schedule  1,  page  54,  line  29,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  32

Schedule  1,  page  54,  line  30,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  33

Schedule  1,  page  55,  line  3,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  34

Schedule  1,  page  55,  line  9,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  490

Schedule  1,  page  55,  line  33,  at end insert—

    ‘(4)
In subsection (6) for “this section” substitute “subsection (1)”.’.

Mr Christopher Leslie

Agreed to  370

Schedule  1,  page  56,  line  26,  leave out paragraph 15.

Committee of the whole House Proceedings: 1st March 2005
271

Constitutional Reform Bill–[ [], continued

Schedule, as amended, Agreed to.

Clause 11 Agreed to.

Mr Christopher Leslie

Agreed to  35

Schedule  2,  page  58,  line  30,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  36

Schedule  2,  page  59,  line  6,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  371

Schedule  2,  page  59,  line  10,  at end insert—

  ‘(2A)
Sub-paragraph (1) does not apply to designated directions to the extent

that they consist of criteria for determining which judges may be

allocated to hear particular categories of case; but the directions may, to

that extent, be made or given only after consulting the Lord Chancellor.’.

Mr Christopher Leslie

Agreed to  372

Schedule  2,  page  59,  line  11,  after ‘If’, insert ‘sub-paragraph (1) applies but’.

Mr Christopher Leslie

Agreed to  37

Schedule  2,  page  59,  line  11,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  38

Schedule  2,  page  59,  line  12,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  373

Schedule  2,  page  60,  line  14,  at end insert—

‘(6)
Subsection (2)(a) does not apply to directions to the extent that they consist of

criteria for determining which judges may be allocated to hear particular

categories of case; but the directions may, to that extent, be given only—

(a)
after consulting the Lord Chancellor, and

(b)
with the approval of the Lord Chief Justice.’.

Mr Christopher Leslie

Agreed to  374

Schedule  2,  page  60,  line  33,  at end insert—

‘(5)
Subsection (2)(a) does not apply to directions to the extent that they consist of

criteria for determining which judges may be allocated to hear particular

categories of case; but the directions may, to that extent, be given only—

(a)
after consulting the Lord Chancellor, and

(b)
with the approval of the Lord Chief Justice.’.

Committee of the whole House Proceedings: 1st March 2005
272

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  375

Schedule  2,  page  61,  line  7,  at end insert—

‘(5)
Subsection (2)(a) does not apply to directions to the extent that they consist of

criteria for determining which judges may be allocated to hear particular

categories of case; but the directions may, to that extent, be given only—

(a)
after consulting the Lord Chancellor, and

(b)
with the approval of the Lord Chief Justice.’.

Schedule, as amended, Agreed to.

Clause 12 Agreed to.

Mr Christopher Leslie

Agreed to on division  644

Schedule  3,  page  63,  line  6,  leave out ‘Supreme Court’ and insert ‘Senior Courts’.

Schedule, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  491

Clause  13,  page  5,  line  35,  leave out ‘certain functions of’ and insert ‘functions to

or from’.

Mr Christopher Leslie

Agreed to  492

Clause  13,  page  5,  line  39,  at end insert—

‘(2)
Schedule (Functions under legislation relating to Northern Ireland) makes

similar provision about functions under legislation relating to Northern Ireland.’

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  376

Schedule  4,  page  64,  line  5,  at end insert—

‘Ecclesiastical Licences Act 1533 (c. 21)

A1      (1)
In section 11 of the Ecclesiastical Licences Act 1533 (refusal of

archbishop to grant licences etc.) any reference to the Lord Chancellor or

Lord Keeper of the Great Seal (however expressed) is to be read as a

reference to the Chancellor of the High Court.

      (2)
The Chancellor of the High Court may nominate another judge of that

court to exercise his functions under that section.’.

Committee of the whole House Proceedings: 1st March 2005
273

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  377

Schedule  4,  page  64,  line  23,  at end insert—

‘Pluralities Act 1838 (c. 106)

5A
The Pluralities Act 1838 is amended as follows.

5B      (1)
Section 126 (consent of patron etc. where patronage in the Crown) is

amended as follows.

      (2)
For the words from “if such benefice shall be above” to “great seal”

substitute “unless such benefice shall be within the patronage of the

crown in right of the duchy of Lancaster, the instrument by which the

power shall be exercised shall be executed by, and any such notice shall

be given to, the Prime Minister”.

      (3)
Omit “or persons”.

5C      (1)
Section 128 (consent of patron etc. where patronage attached to duchy of

Cornwall) is amended as follows.

      (2)
For the words from “the same” to “benefice in the patronage of the

crown” substitute “the Prime Minister, in accordance with section 126”.

      (3)
Omit “or persons” in the second place.

Ecclesiastical Leasing Act 1842 (c. 108)

5D
The Ecclesiastical Leasing Act 1842 is amended as follows.

5E      (1)
Section 22 (consent of patron where patronage in the Crown) is amended

as follows.

      (2)
For the words from “if such benefice shall be above” to “great seal,”

substitute “unless such benefice shall be within the patronage of the

crown in right of the duchy of Lancaster, the instrument by which such

consent or concurrence is to be testified shall be executed by the Prime

Minister”.

      (3)
Omit “or persons”.

5F
In section 23 (consent of patron where patronage attached to duchy of Cornwall),

for the words from “the same” to “concurrence of the crown” substitute “the

Prime Minister, in accordance with section 22”.

Public Notaries Act 1843 (c. 90)

5G      (1)
Section 5 of the Public Notaries Act 1843 (refusal of master of faculties

to grant a faculty) is amended as follows.

      (2)
For “chancellor of England or the lord keeper of the great seal” substitute

“Chancellor of the High Court”.

      (3)
At the end of that section insert—


“The Chancellor of the High Court may nominate another judge of that

court to exercise his functions under this section.”

      (4)
This paragraph is subject to section 2(3) and (4) of the Statute Law

(Repeals) Act 1998 (repeals relating to Isle of Man and Channel Islands).

Inclosure Act 1859 (22 & 23 Vict. c. 43)

5H
In section 12 of the Inclosure Act 1859 (adaptation of references to patron where

patronage is in the Crown) for the words from “Lord High” to “Great Seal”

substitute “Prime Minister”.’.

Committee of the whole House Proceedings: 1st March 2005
274

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  493

Schedule  4,  page  64,  line  34,  leave out ‘(8)’.

Mr Christopher Leslie

Agreed to  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

Agreed to  495

Schedule  4,  page  66,  line  17,  after ‘by’, insert ‘the Lord Chancellor with the

concurrence of’.

Mr Christopher Leslie

Agreed to  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

Agreed to  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).

Committee of the whole House Proceedings: 1st March 2005
275

Constitutional Reform Bill–[ [], continued

14C
Omit section 14 (application to Northern Ireland).’.

Mr Christopher Leslie

Agreed to  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”;