cwh0103.276-282

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
276

Constitutional Reform Bill–[ [], continued

(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

Agreed to  378

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

Committee of the whole House Proceedings: 1st March 2005
277

Constitutional Reform Bill–[ [], continued

“(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

Agreed to  499

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

Mr Christopher Leslie

Agreed to  500

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

Mr Christopher Leslie

Agreed to  501

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

Mr Christopher Leslie

Agreed to  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

Agreed to  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.

Committee of the whole House Proceedings: 1st March 2005
278

Constitutional Reform Bill–[ [], continued

      (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);

Committee of the whole House Proceedings: 1st March 2005
279

Constitutional Reform Bill–[ [], continued

(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)
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).’.

Mr Christopher Leslie

Agreed to  503

Schedule  4,  page  70,  line  38,  at end insert—

‘Land Powers (Defence) Act (Inquiries) Rules 1958 (S.I. 1958/2231)

      (1)
Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958

(interpretation) is amended as follows.

      (2)
In paragraph (1), in the definition of “appointed person” for the words

from “appointed by” to the end substitute “appointed in accordance with

sub-paragraph (1A) of paragraph 4 of the Second Schedule to the Act to

hold an inquiry pursuant to that paragraph;”.’.

Mr Christopher Leslie

Agreed to  504

Schedule  4,  page  71,  line  29,  at end insert—

‘41A
Schedule 11 (application to Northern Ireland) is amended as follows.

41B      (1)
Paragraph 6 (appointment of referee or board of referees) is amended as

follows.

      (2)
That paragraph becomes sub-paragraph (1) of paragraph 6.

      (3)
After that sub-paragraph insert—

  “(2)
The Lord Chief Justice of Northern Ireland may nominate any of

the following to exercise his functions under sub-paragraph (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).”

41C
Omit paragraph 10.

Mr Christopher Leslie

Agreed to  505

Schedule  4,  page  72,  line  5,  at end insert—

Committee of the whole House Proceedings: 1st March 2005
280

Constitutional Reform Bill–[ [], continued

‘(b)
before “the Lord Chief Justice of Northern Ireland” insert “by the

Lord Chancellor with the concurrence of”.’.

Mr Christopher Leslie

Agreed to  506

Schedule  4,  page  72,  line  7,  after ‘Lord Chief Justice’ insert ‘of England and

Wales’.

Mr Christopher Leslie

Agreed to  507

Schedule  4,  page  72,  line  9,  at end insert—

    ‘(6)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise his functions under sub-paragraph (2)—

(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  380

Schedule  4,  page  72,  leave out lines 35 to 37 and insert—

    ‘( )
After subsection (3) insert—

“(3A)
The Lord Chancellor may designate a person under subsection (3)

only with the’.

Mr Christopher Leslie

Agreed to  381

Schedule  4,  page  72,  line  41,  at end insert—

    ‘( )
After subsection (4) insert—

“(4A)
The Lord Chancellor may remove a Special Commissioner from office

under subsection (4) only with the concurrence of the appropriate

senior judge.

(4B)
The appropriate senior judge is the Lord Chief Justice of England and

Wales, unless—

(a)
the Special Commissioner exercises functions wholly or

mainly in Scotland, in which case it is the Lord President of

the Court of Session, or

(b)
the Special Commissioner exercises functions wholly or

mainly in Northern Ireland, in which case it is the Lord Chief

Justice of Northern Ireland.”.’.

Mr Christopher Leslie

Agreed to  382

Schedule  4,  page  73,  line  4,  leave out from ‘subsection’ to end of line 5 and insert

‘(3A).’.

Mr Christopher Leslie

Agreed to  383

Schedule  4,  page  73,  line  9,  leave out from ‘subsection’ to end of line 10 and insert

‘(3A).’.

Committee of the whole House Proceedings: 1st March 2005
281

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  384

Schedule  4,  page  73,  line  12,  leave out from ‘subsection’ to end of line 13 and

insert ‘(3A)—’.

Mr Christopher Leslie

Agreed to  385

Schedule  4,  page  74,  line  5,  leave out paragraph 51 and insert—

    ‘(1)
Section 21 (appointment of Recorders) is amended as follows.

      (2)
For subsections (3) and (4) substitute—

“(3)
The appointment of a person as a Recorder shall specify the

following—

(a)
the term for which he is appointed;

(b)
the frequency and duration of the occasions during that term

on which he will be required to be available to undertake the

duties of a Recorder;

(c)
the circumstances in which the Lord Chancellor may—

(i)
decline to extend the term of the appointment, or

(ii)
terminate the appointment,


(other than those in subsection (4C)(a) or (b) and subsection

(6)(a) or (b)).

(4)
Circumstances may be specified under subsection (3)(c) in an

appointment only if the Lord Chief Justice agrees.

(4A)
Subject to subsections (4B) to (5), the Lord Chancellor must extend

the term of a Recorder’s appointment (including a term already

extended under this subsection) before its expiry, for such term as the

Lord Chancellor thinks appropriate.

(4B)
The Lord Chancellor must not extend the term of a Recorder’s

appointment unless the Recorder agrees to the extension.

(4C)
The Lord Chancellor may, with the agreement of the Lord Chief

Justice, decline to extend the term of a Recorder’s appointment on any

of these grounds—

(a)
the incapacity or misbehaviour of the Recorder;

(b)
a failure of the Recorder to comply with any requirement

specified under subsection (3)(b) in the terms of his

appointment;

(c)
one or more of the circumstances specified under subsection

(3)(c) in his appointment applies.”

      (3)
For subsection (6) substitute—

“(6)
The Lord Chancellor may, with the agreement of the Lord Chief

Justice, terminate the appointment of a Recorder on any of these

grounds—

(a)
the incapacity or misbehaviour of the Recorder;

(b)
a failure of the Recorder to comply with any requirement

specified under subsection (3)(b) in the terms of his

appointment;

(c)
one or more of the circumstances specified under subsection

(3)(c) in his appointment applies.”.’.

Committee of the whole House Proceedings: 1st March 2005
282

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  508

Schedule  4,  page  74,  line  30,  at end insert—

‘Misuse of Drugs Act 1971 (c. 38)

      (1)
Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies

and professional panels) is amended as follows.

      (2)
In the table in paragraph 21 (application of Parts 1 to 3 to Northern

Ireland), in the entry for paragraph 1—

(a)
for “the references to the Lord Chancellor and” substitute “any

reference to”;

(b)
for “respectively references to the Lord Chief Justice of Northern

Ireland and” substitute “a reference to”.

      (3)
In that table, in the entry for paragraph 13—

(a)
for “the references to the Lord Chancellor and” substitute “any

reference to the”;

(b)
for “respectively references to the Lord Chief Justice of Northern

Ireland and” substitute “a reference to”;

(c)
at the end of that entry insert—

“After sub-paragraph (2) there shall be

inserted—

“(3) The Lord Chancellor must obtain the

concurrence of the Lord Chief Justice of

Northern Ireland before exercising his

functions under sub-paragraph (1)(a).

(4) The Lord Chief Justice of Northern

Ireland may nominate any of the

following to exercise his functions under

sub-paragraph (3)—

(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  509

Schedule  4,  page  75,  line  20,  at end insert—

‘Plant Varieties and Seeds Tribunal Rules 1974 (S.I. 1974/1136)

      (1)
Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974

(interpretation) is amended as follows.

      (2)
In paragraph (1), in the definition of “the chairman” for the words from

“appointed” to “Northern Ireland” in the second place substitute

“appointed in accordance with paragraph 2, 3 or 4 of Schedule 3 to the

Plant Varieties Act 1997”.’.