cwh0103.287-293

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
287

Constitutional Reform Bill–[ [], continued

“1A
As part of the selection process for an appointment under paragraph

1(b) or (c) the Judicial Appointments Commission shall consult the

Secretary of State.”’.

Mr Christopher Leslie

Agreed to  400

Schedule  4,  page  93,  line  11,  at end insert—

‘Pastoral Measure 1983 (No. 1)

130B      (1)
Section 81(2) of the Pastoral Measure 1983 (application to benefices in

the patronage of the Crown or the Duke of Cornwall) is amended as

follows.

      (2)
In paragraph (a)—

(a)
for the words from the beginning to “benefices” substitute “any

consent under the foregoing subsection in respect of a benefice

or benefices”;

(b)
omit the words from “, or a” to “books”;

(c)
omit “last-mentioned”.

      (3)
Omit paragraph (b).’.

Mr Christopher Leslie

Agreed to  513

Schedule  4,  page  93,  line  13,  leave out paragraph 131.

Mr Christopher Leslie

Agreed to  401

Schedule  4,  page  94,  line  28,  at end insert—


‘In section 38 (remedies available in county courts), in subsection (5) for “by the

Lord Chancellor under this section” substitute “under this section by the Lord

Chancellor after consulting the Lord Chief Justice”.’.

Mr Christopher Leslie

Agreed to  514

Schedule  4,  page  95,  line  27,  at end insert—

‘Inheritance Tax Act 1984 (c. 51)

145A
The Inheritance Tax Act 1984 is amended as follows.

145B
In section 256 (regulations about accounts etc), for subsection (3A)

substitute—

“(3A)
Regulations under this section may only be made—

(a)
in relation to England and Wales, after consulting the Lord

Chancellor;

(b)
in relation to Scotland, after consulting the Scottish Ministers;

(c)
in relation to Northern Ireland, after consulting the Lord Chief

Justice of Northern Ireland.

(3B)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise his functions under subsection (3A)—

(a)
the holder of one of the offices listed in Schedule 1 to the

Justice (Northern Ireland) Act 2002;

Committee of the whole House Proceedings: 1st March 2005
288

Constitutional Reform Bill–[ [], continued

(b)
a Lord Justice of Appeal (as defined in section 88 of that

Act).”

145C      (1)
Section 257 (form etc of accounts) is amended as follows.

      (2)
In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice of

Northern Ireland”.

      (3)
After subsection (3) insert—

“(4)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise his functions under subsection (3)—

(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).”

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

      (1)
Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985

(Reinstatement Committees and Umpires) is amended as follows.

      (2)
In paragraph 2 (membership of Reinstatement Committees), for “Lord

Chief Justice of Northern Ireland” substitute “Lord Chancellor”.’.

Mr Christopher Leslie

Agreed to  402

Schedule  4,  page  95,  line  31,  leave out sub-paragraph (2) and insert—

    ‘( )
In paragraph 3 (tenure of office), after sub-paragraph (3) insert—

“(3A)
The Lord Chancellor may remove a judicial member from office

under sub-paragraph (3) only with the concurrence of the

appropriate senior judge.

    (3B)
The appropriate senior judge is the Lord Chief Justice of England

and Wales, unless the judicial member who is to be removed

exercises functions wholly or mainly in Scotland, in which case it

is the Lord President of the Court of Session.”.’.

Mr Christopher Leslie

Agreed to  404

Schedule  4,  page  95,  line  34,  leave out sub-paragraph (a) and insert—

    ‘( )
in sub-paragraph (1) for “Lord Chancellor” substitute “Lord Chief

Justice”;

      ( )
after sub-paragraph (1) insert—

“(1A)
Before exercising his functions under sub-paragraph (1) the Lord

Chief Justice must—

(a)
consult the Lord Chancellor, and

(b)
obtain the agreement of the Lord President of the Court of

Session.”.’

Mr Christopher Leslie

Agreed to  405

Schedule  4,  page  95,  line  41,  at end insert—

    ‘(5)
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

Committee of the whole House Proceedings: 1st March 2005
289

Constitutional Reform Bill–[ [], continued

Inner House of that Court to exercise his functions under sub-paragraph

(1A)(b).”.’.

Mr Christopher Leslie

Agreed to  515

Schedule  4,  page  96,  line  7,  at end insert—

‘Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001)


In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985

(application to Northern Ireland), omit sub-paragraph (a).’.’

Mr Christopher Leslie

Agreed to  406

Schedule  4,  page  96,  line  27,  leave out sub-paragraphs (2) and (3) and insert—

    ‘( )
In subsection (1)(a) after “Secretary of State” insert “and, in the case of

rules that affect court procedure, with the concurrence of the Lord Chief

Justice”.’.

Mr Christopher Leslie

Agreed to  407

Schedule  4,  page  97,  line  7,  leave out sub-paragraphs (2) and (3) and insert—

    ‘( )
In subsection (1) after “Secretary of State” insert “and, in the case of rules

that affect court procedure, with the concurrence of the Lord Chief

Justice”.’.

Mr Christopher Leslie

Agreed to  408

Schedule  4,  page  98,  line  19,  leave out from ‘justice),’ to end of line 26 and insert

‘for paragraph 6 (power of removal) substitute—

“6      (1)
The exercise of the power conferred by paragraph 5 is subject to the

following provisions of this paragraph.

      (2)
In the case of a person who qualifies for appointment under—

(a)
paragraph (1)(a), or

(b)
paragraph (1)(d) by virtue of holding or having held judicial

office in England and Wales,


that power shall only be exercisable with the consent of the Lord

Chancellor, which may only be given with the concurrence of the Lord

Chief Justice of England and Wales.

      (3)
In the case of a person who qualifies for appointment under—

(a)
paragraph (1)(b), or

(b)
paragraph (1)(d) by virtue of holding or having held judicial

office in Scotland,


that power shall only be exercisable with the consent of the Lord

President of the Court of Session.

      (4)
In the case of a person who qualifies for appointment under—

(a)
paragraph (1)(c), or

(b)
paragraph (1)(d) by virtue of holding or having held judicial

office in Northern Ireland,


that power shall only be exercisable with the consent of the Lord

Chancellor, which may only be given with the concurrence of the Lord

Chief Justice of Northern Ireland.”.’.

Committee of the whole House Proceedings: 1st March 2005
290

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  516

Schedule  4,  page  98,  line  26,  at end insert—

‘Finance Act 1988 (c. 39)


‘In section 134 (General Commissioners for Northern Ireland), omit subsection

(4).’.

Mr Christopher Leslie

Agreed to  409

Schedule  4,  page  98,  leave out lines 29 and 30 and insert—

    ‘(1)
Section 146 (membership of the copyright tribunal) is amended as

follows.

      (2)
After subsection (6) insert—’.

Mr Christopher Leslie

Agreed to  410

Schedule  4,  page  98,  line  31,  leave out ‘under subsection (3)’ and insert ‘to remove

a person under subsection (3) or to appoint a person under subsection (4)’.

Mr Christopher Leslie

Agreed to  411

Schedule  4,  page  98,  line  32,  leave out from first ‘of’ to end of line 35 and insert

‘the appropriate senior judge.

(8)
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.

(9)
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 (7) in relation to the appointment of a

person under subsection (4).

(10)
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 subsection (7) in relation to the

appointment of a person under subsection (4).

(11)
The Lord Chief Justice of Northern Ireland may nominate any of the following to

exercise his functions under subsection (7) in relation to the appointment of a

person under subsection (4)—

(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  517

Schedule  4,  page  100,  line  12,  leave out sub-paragraph (2) and insert—

    ‘( )
In subsection (4) after “requires it” insert “and, in the case of the Lord

Chancellor, if the Lord Chief Justice agrees”.’.

Committee of the whole House Proceedings: 1st March 2005
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Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  412

Schedule  4,  page  102,  line  7,  leave out from ‘justice),’ to end of line 14 and insert

‘for paragraph 6 (power of removal) substitute—

“6      (1)
The exercise of the power conferred by paragraph 5 is subject to the

following provisions of this paragraph.

      (2)
In the case of a person who qualifies for appointment under—

(a)
paragraph (1)(a), or

(b)
paragraph (1)(d) by virtue of holding or having held judicial

office in England and Wales,


that power shall only be exercisable with the consent of the Lord

Chancellor, which may only be given with the concurrence of the Lord

Chief Justice of England and Wales.

      (3)
In the case of a person who qualifies for appointment under—

(a)
paragraph (1)(b), or

(b)
paragraph (1)(d) by virtue of holding or having held judicial

office in Scotland,


that power shall only be exercisable with the consent of the Lord

President of the Court of Session.

      (4)
In the case of a person who qualifies for appointment under—

(a)
paragraph (1)(c), or

(b)
paragraph (1)(d) by virtue of holding or having held judicial

office in Northern Ireland,


that power shall only be exercisable with the consent of the Lord

Chancellor, which may only be given with the concurrence of the Lord

Chief Justice of Northern Ireland.”.’.

Mr Christopher Leslie

Agreed to  413

Schedule  4,  page  102,  line  33,  leave out paragraph 186 and insert—

    ‘(1)
Schedule 4 (Child Support Commissioners) is amended as follows.

      (2)
In paragraph 1 (tenure of office), after sub-paragraph (3) insert—

“(3A)
The Lord Chancellor may remove a Child Support Commissioner

under sub-paragraph (3) only with the concurrence of the

appropriate senior judge.

    (3B)
The appropriate senior judge is the Lord Chief Justice of England

and Wales, unless the Commissioner exercises functions wholly or

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

Court of Session.”

      (3)
In paragraph 8 (application of Schedule to Northern Ireland), before sub-

paragraph (b) insert—

“(ab)
paragraph 1(3A) and (3B) were omitted;”.’.

Mr Christopher Leslie

Agreed to  518

Schedule  4,  page  103,  line  11,  at end insert—

‘187A
The Tribunal and Inquiries Act 1992 is amended as follows.

187B
In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).’.

Committee of the whole House Proceedings: 1st March 2005
292

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  519

Schedule  4,  page  103,  line  12,  leave out ‘of the Tribunals and Inquiries Act 1992’.

Mr Christopher Leslie

Agreed to  520

Schedule  4,  page  103,  line  26,  leave out sub-paragraph (2) and insert—

    ‘( )
After subsection (3) insert—

“(3A)
Where the appropriate minister is the Lord Chancellor, he must, before

satisfying himself as mentioned in subsection (3)(b)—

(a)
consult the Lord Chief of Justice of England and Wales, if the

person in question holds office in England and Wales;

(b)
consult the Lord Chief of Justice of Northern Ireland, if the

person in question holds office in Northern Ireland.”.’.

Mr Christopher Leslie

Agreed to  521

Schedule  4,  page  103,  line  32,  at end insert—

‘(10)
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

Agreed to  522

Schedule  4,  page  103,  line  35,  leave out ‘each place’ and insert ‘subsections (5)

and (6)’.

Mr Christopher Leslie

Agreed to  523

Schedule  4,  page  104,  leave out lines 4 and 5 and insert—

‘(b)
in relation to any judicial office whose jurisdiction is

exercised exclusively in relation to England and Wales,

the Lord Chief Justice of England and Wales;

(c)
in relation to any judicial office whose jurisdiction is

exercised exclusively in relation to Northern Ireland, the

Lord Chief Justice of Northern Ireland.”.’.

Mr Christopher Leslie

Agreed to  524

Schedule  4,  page  104,  line  7,  after ‘Justice’, insert ‘of England or Wales or the Lord

Chief Justice of Northern Ireland’.

Mr Christopher Leslie

Agreed to  525

Schedule  4,  page  104,  line  10,  after ‘Justice’, insert ‘of England or Wales’.

Mr Christopher Leslie

Agreed to  526

Schedule  4,  page  104,  line  12,  at end insert—

Committee of the whole House Proceedings: 1st March 2005
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Constitutional Reform Bill–[ [], continued

‘(15)
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

Agreed to  527

Schedule  4,  page  105,  line  15,  leave out paragraph 199 and insert—

‘199
In section 86 (appeals to the Court of Appeal), after subsection (2) insert—

“(2A)
Before making an order under this section that relates to England and

Wales, the Lord Chancellor must consult the Lord Chief Justice of

England and Wales.

(2B)
Before making an order under this section that relates to Northern

Ireland, the Lord Chancellor must consult the Lord Chief Justice of

Northern Ireland.

(2C)
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 section.

(2D)
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

Agreed to  415

Schedule  4,  page  105,  line  27,  leave out ‘designate’ and insert ‘nominate’.

Mr Christopher Leslie

Agreed to  416

Schedule  4,  page  105,  line  35,  after ‘95’, insert ‘(4)’.

Mr Christopher Leslie

Agreed to  417

Schedule  4,  page  105,  line  38,  leave out ‘designation’ and insert ‘nomination’.

Mr Christopher Leslie

Agreed to  418

Schedule  4,  page  105,  line  43,  leave out ‘designation’ and insert ‘nomination’.

Mr Christopher Leslie

Agreed to  419

Schedule  4,  page  106,  line  3,  leave out ‘designation’ and insert ‘nomination’.

Mr Christopher Leslie

Agreed to  420

Schedule  4,  page  106,  line  26,  leave out ‘section’ and insert ‘paragraph’.