cwh0103.294-300

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
294

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  528

Schedule  4,  page  106,  line  31,  leave out from ‘panels)’ to end of line 35 and insert

‘—

(a)
in sub-paragraph (3)(c) for “Lord Chief Justice of Northern

Ireland” substitute “Lord Chancellor”;

(b)
for sub-paragraph (7) substitute—

“(7A)
The Lord Chancellor may, with the concurrence of the Lord

Chief Justice of England and Wales, remove from office on

the ground of incapacity or misbehaviour a chairman of

VAT Tribunals appointed under sub-paragraph (3)(a).

    (7B)
The Lord President of the Court of Session may remove

from office on the ground of incapacity or misbehaviour a

chairman of VAT Tribunals appointed under sub-

paragraph (3)(b).”.’.

Mr Christopher Leslie

Agreed to  421

Schedule  4,  page  106,  line  40,  leave out from first ‘of’ to end of line 43 and insert

‘the appropriate senior judge.

(6)
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.”.’.

Mr Christopher Leslie

Agreed to  422

Schedule  4,  page  107,  line  8,  leave out paragraph 203 and insert—

‘202A
The Reserve Forces Act 1996 is amended as follows.

202B
In section 90 (appointment of panel of chairmen), after subsection (1) insert—

“(1A)
The Lord Chancellor may not appoint a member of the panel unless the

appropriate senior judge concurs.”

202C
In section 91 (appointment of panel of ordinary members), after subsection (2)

insert—

“(2A)
The Lord Chancellor may not appoint a member of the panel unless the

appropriate senior judge concurs.”

202D      (1)
Section 92 (membership of tribunals etc) is amended as follows.

      (2)
In subsection (1) for “by the Lord Chancellor” substitute “in accordance

with subsection (2)”.

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

“(2)
The chairman and other members are to be selected as follows—

(a)
in the case of an appeal tribunal which is to sit in England and

Wales, by the Lord Chief Justice of England and Wales after

consulting the Lord Chancellor;

(b)
in the case of an appeal tribunal which is to sit in Scotland, by

the Lord President of the Court of Session;

Committee of the whole House Proceedings: 1st March 2005
295

Constitutional Reform Bill–[ [], continued

(c)
in the case of an appeal tribunal which is to sit in Northern

Ireland, by the Lord Chief Justice of Northern Ireland after

consulting the Lord Chancellor.

(3)
Where a tribunal which is hearing an appeal in respect of a

determination of an application under regulations under section 78 or

79 requests it, a serving or retired officer of any regular service or

reserve force may be appointed in accordance with subsection (4) to

advise the tribunal on any relevant service matters.

(4)
The officer is to be appointed as follows—

(a)
in the case of an appeal tribunal which is sitting in England

and Wales, by the Lord Chief Justice of England and Wales

after consulting the Lord Chancellor;

(b)
in the case of an appeal tribunal which is sitting in Scotland,

by the Lord President of the Court of Session;

(c)
in the case of an appeal tribunal which is sitting in Northern

Ireland, the Lord Chancellor with the concurrence of the Lord

Chief Justice of Northern Ireland.”.

202E
After section 92 insert—

“92A
Sections 90 to 92: supplementary

(1)
In sections 90 and 91 “appropriate senior judge”, in relation to the

appointment of a person to be a member of a panel, means—

(a)
if the person is to be appointed to exercise functions wholly or

mainly in relation to England and Wales, the Lord Chief

Justice of England and Wales;

(b)
if the person is to be appointed to exercise functions wholly or

mainly in relation to Scotland, the Lord President of the Court

of Session;

(c)
if the person is to be appointed to exercise functions wholly or

mainly in relation to Northern Ireland, the Lord Chief Justice

of Northern Ireland.

(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 any of his functions under sections 90 to 92.

(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 any of his functions under

sections 90 to 92.

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

following to exercise any of his functions under sections 90 to 92—

(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  423

Schedule  4,  page  107,  line  23,  leave out sub-paragraphs (3) to (5) and insert—

Committee of the whole House Proceedings: 1st March 2005
296

Constitutional Reform Bill–[ [], continued

    ‘(3)
In subsection (3) for “Lord Chancellor shall, after consultation with the

Lord President of the Court of Session,” substitute “Lord Chief Justice

shall”.

      (4)
After subsection (3) insert—

“(3A)
The Lord Chief Justice must not make an appointment under

subsection (3) unless—

(a)
he has consulted the Lord Chancellor, and

(b)
the Lord President of the Court of Session agrees.”.’.

Mr Christopher Leslie

Agreed to  424

Schedule  4,  page  107,  line  32,  at end insert—

    ‘(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 subsection

(3A)(b).”.’.

Mr Christopher Leslie

Agreed to  425

Schedule  4,  page  108,  line  29,  leave out paragraph 208 and insert—


‘In section 25 (tenure of appointed members), after subsection (4) insert—

“(5)
The Lord Chancellor may declare an appointed member’s office

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

appropriate senior judge.

(6)
The appropriate senior judge is the Lord Chief Justice of England and

Wales, unless the member whose office is to be declared vacant

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  529

Schedule  4,  page  109,  line  32,  at end insert ‘in relation to England and Wales.

‘( )
The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland

before making any order under subsection (1)(c) in relation to Northern Ireland.’.

Mr Christopher Leslie

Agreed to  530

Schedule  4,  page  109,  line  35,  at end insert—

‘( )
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  427

Schedule  4,  page  110,  line  20,  at end insert—

‘220A
In section 1 (civil procedure rules), in subsection (3) (as amended by section 82

of the Courts Act 2003) omit “or alter”.’.

Committee of the whole House Proceedings: 1st March 2005
297

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  428

Schedule  4,  page  112,  line  11,  at end insert ‘, after consulting the Lord Chief

Justice’.

Mr Christopher Leslie

Agreed to  429

Schedule  4,  page  112,  line  17,  at end insert ‘, after consulting the Lord Chancellor’.

Mr Christopher Leslie

Agreed to  531

Schedule  4,  page  112,  line  25,  at end insert—

    ‘( )
In paragraph 4 (chairman of the Tribunal for proceedings in Northern

Ireland), in sub-paragraph (1) for “Lord Chief Justice of Northern

Ireland” substitute “Lord Chancellor”.’.

Mr Christopher Leslie

Agreed to  532

Schedule  4,  page  112,  line  26,  after ‘appointment)’, insert ‘—

‘(a)
in sub-paragraph (5) for “paragraph 2, 3 or 4” substitute

“paragraph 2 or 3”;’.

Mr Christopher Leslie

Agreed to  533

Schedule  4,  page  112,  line  32,  at end insert—

    ‘( )
In paragraph 16 (interpretation), in paragraph (c) of the definition of

“appointing authority” for “Lord Chief Justice of Northern Ireland”

substitute “Lord Chancellor”.’.

Mr Christopher Leslie

Agreed to  534

Schedule  4,  page  112,  line  32,  at end insert—

‘Reserve Forces Appeal Tribunals Rules 1997 (S.I. 1997/798)

      (1)
Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997

(acknowledgement and registration of appeal and request to select

tribunal) is amended as follows.

      (2)
In sub-paragraph (c), for the words from “Lord Chancellor” to “Northern

Ireland” substitute “person who under section 92(2) of the Act is

authorised to do so,”.’.

Mr Christopher Leslie

Agreed to  430

Schedule  4,  page  112,  line  35,  leave out paragraph 229 and insert—

    ‘(1)
Section 6 (panel for appointment to appeal tribunals) is amended as

follows.

      (2)
In subsection (2) for the words from “such” to the end substitute “persons

appointed by the Lord Chancellor”.

      (3)
After subsection (3) insert—

“(3A)
As part of the selection process for the appointment of a medical

practitioner as a member of the panel, the Judicial Appointments

Commission shall consult the Chief Medical Officer.”’.

Committee of the whole House Proceedings: 1st March 2005
298

Constitutional Reform Bill–[ [], continued

      (4)
In subsection (5) after “misbehaviour” insert “; but the Lord Chancellor

may remove such a person only with the concurrence of the appropriate

senior judge”.

      (5)
After subsection (5) insert—

“(5A)
The appropriate senior judge is the Lord Chief Justice of England and

Wales, unless 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.”.’.

Mr Christopher Leslie

Agreed to  431

Schedule  4,  page  113,  line  3,  after ‘Justice’, insert ‘and the Lord President of the

Court of Session’.

Mr Christopher Leslie

Agreed to  432

Schedule  4,  page  113,  line  7,  leave out from ‘of’ to end of line 9 and insert ‘the

appropriate senior judge.

    (1B)
The appropriate senior judge is the Lord Chief Justice of England and

Wales, unless the person 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  433

Schedule  4,  page  114,  line  25,  after ‘95’, insert ‘(4)’.

Mr Christopher Leslie

Agreed to  535

Schedule  4,  page  114,  line  28,  leave out paragraph 235 and insert—


‘In section 18 of the Human Rights Act 1998 (appointment to ECHR), after

subsection (7) insert—

“(7A)
The following paragraphs apply to the making of an order under

subsection (7) in relation to any holder of a judicial office listed in

subsection (1)(a)—

(a)
before deciding what transitional provision it is appropriate to

make, the person making the order must consult the Lord

Chief Justice of England and Wales;

(b)
before making the order, that person must consult the Lord

Chief Justice of England and Wales.

(7B)
The following paragraphs apply to the making of an order under

subsection (7) in relation to any holder of a judicial office listed in

subsection (1)(c)—

(a)
before deciding what transitional provision it is appropriate to

make, the person making the order must consult the Lord

Chief Justice of Northern Ireland;

(b)
before making the order, that person must consult the Lord

Chief Justice of Northern Ireland.

(7C)
The Lord Chief Justice of England and Wales may nominate a judicial

office holder (within the meaning of section 95(4) of the

Committee of the whole House Proceedings: 1st March 2005
299

Constitutional Reform Bill–[ [], continued

Constitutional Reform Act 2005) to exercise his functions under this

section.

(7D)
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  536

Schedule  4,  page  115,  line  13,  leave out sub-paragraphs (2) and (3) and insert—

    ‘(2)
In subsection (2), in the definition of “relevant international court” for

“for the purposes of this section by the Lord Chancellor or the Secretary

of State” substitute “in relation to the holder of a United Kingdom

judicial office by the appropriate Minister”.

      (3)
In subsection (6) for “subsection (5)” substitute “this section”.

      (4)
After subsection (7) insert—

“(8)
The Lord Chancellor may exercise functions under this section in

relation to the holder of a United Kingdom judicial office specified in

paragraph (a) of the definition in subsection (2) only after consulting

the Lord Chief Justice of England and Wales.

(9)
The Lord Chancellor may exercise functions under this section in

relation to the holder of a United Kingdom judicial office specified in

paragraph (c) of the definition in subsection (2) only after consulting

the Lord Chief Justice of Northern Ireland.

(10)
The Lord Chief Justice of England and Wales may nominate a judicial

office holder (within the meaning of section 95(4) of the

Constitutional Reform Act 2005) to exercise his functions under

subsection (8).

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

following to exercise his functions under subsection (9)—

(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  537

Schedule  4,  page  116,  leave out lines 2 to 8 and insert—

‘(6A)
In so far as regulations under this section relate to England and Wales, the Lord

Chancellor must consult the Lord Chief Justice of England and Wales before

giving his approval.

(6B)
In so far as regulations under this section relate to Northern Ireland, the Lord

Chancellor must consult the Lord Chief Justice of Northern Ireland before giving

his approval.”.’.

Mr Christopher Leslie

Agreed to  538

Schedule  4,  page  116,  line  12,  at end insert—

Committee of the whole House Proceedings: 1st March 2005
300

Constitutional Reform Bill–[ [], continued

‘(9)
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  434

Schedule  4,  page  116,  line  16,  leave out from ‘of’ to end of line 19 and insert ‘the

appropriate senior judge.

      (6)
The appropriate senior judge is the Lord Chief Justice of England and

Wales, unless—

(a)
the person to be dismissed exercises functions wholly or mainly

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

Session, or

(b)
that person 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  435

Schedule  4,  page  117,  line  3,  leave out from ‘of’ to end of line 6 and insert ‘the

appropriate senior judge.

    (2B)
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.”.’.

Mr Christopher Leslie

Agreed to  539

Schedule  4,  page  117,  line  10,  at end insert—

    ‘(1)
Section 74 (court for trial) is amended as follows.

      (2)
In subsection (1)—

(a)
after “unless” insert “the Lord Chief Justice of Northern Ireland

directs that”;

(b)
in paragraph (a) omit from “the Lord Chancellor” to “directs

that”;

(c)
in paragraph (b) omit “the Lord Chief Justice of Northern Ireland

directs that”.

      (3)
After subsection (1) insert—

“(1A)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise his functions under subsection (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).”.’.