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| Schedule 4, page 106, line 31, leave out from ‘panels)’ to end of line 35 and insert |
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| |
| | (a) | in sub-paragraph (3)(c) for “Lord Chief Justice of Northern |
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| | Ireland” substitute “Lord Chancellor”; |
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| | (b) | for sub-paragraph (7) substitute— |
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| | “(7A) | The Lord Chancellor may, with the concurrence of the Lord |
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| | Chief Justice of England and Wales, remove from office on |
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| | the ground of incapacity or misbehaviour a chairman of |
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| | VAT Tribunals appointed under sub-paragraph (3)(a). |
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| | (7B) | The Lord President of the Court of Session may remove |
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| | from office on the ground of incapacity or misbehaviour a |
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| | chairman of VAT Tribunals appointed under sub- |
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| | |
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| Schedule 4, page 106, line 40, leave out from first ‘of’ to end of line 43 and insert |
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| ‘the appropriate senior judge. |
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| | (6) | The appropriate senior judge is the Lord Chief Justice of England and Wales, |
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| | |
| | (a) | the person to be removed exercises functions wholly or mainly in |
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| | Scotland, in which case it is the Lord President of the Court of Session, or |
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| | (b) | the person to be removed exercises functions wholly or mainly in |
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| | Northern Ireland, in which case it is the Lord Chief Justice of Northern |
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| | |
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| Schedule 4, page 107, line 8, leave out paragraph 203 and insert— |
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| | ‘202A | The Reserve Forces Act 1996 is amended as follows. |
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| | 202B | In section 90 (appointment of panel of chairmen), after subsection (1) insert— |
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| | “(1A) | The Lord Chancellor may not appoint a member of the panel unless the |
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| | appropriate senior judge concurs.” |
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| | 202C | In section 91 (appointment of panel of ordinary members), after subsection (2) |
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| | |
| | “(2A) | The Lord Chancellor may not appoint a member of the panel unless the |
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| | appropriate senior judge concurs.” |
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| | 202D (1) | Section 92 (membership of tribunals etc) is amended as follows. |
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| | (2) | In subsection (1) for “by the Lord Chancellor” substitute “in accordance |
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| | |
| | (3) | For subsections (2) and (3) substitute— |
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| | “(2) | The chairman and other members are to be selected as follows— |
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| | (a) | in the case of an appeal tribunal which is to sit in England and |
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| | Wales, by the Lord Chief Justice of England and Wales after |
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| | consulting the Lord Chancellor; |
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| | (b) | in the case of an appeal tribunal which is to sit in Scotland, by |
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| | the Lord President of the Court of Session; |
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| |
| |
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| | (c) | in the case of an appeal tribunal which is to sit in Northern |
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| | Ireland, by the Lord Chief Justice of Northern Ireland after |
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| | consulting the Lord Chancellor. |
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| | (3) | Where a tribunal which is hearing an appeal in respect of a |
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| | determination of an application under regulations under section 78 or |
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| | 79 requests it, a serving or retired officer of any regular service or |
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| | reserve force may be appointed in accordance with subsection (4) to |
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| | advise the tribunal on any relevant service matters. |
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| | (4) | The officer is to be appointed as follows— |
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| | (a) | in the case of an appeal tribunal which is sitting in England |
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| | and Wales, by the Lord Chief Justice of England and Wales |
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| | after consulting the Lord Chancellor; |
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| | (b) | in the case of an appeal tribunal which is sitting in Scotland, |
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| | by the Lord President of the Court of Session; |
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| | (c) | in the case of an appeal tribunal which is sitting in Northern |
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| | Ireland, the Lord Chancellor with the concurrence of the Lord |
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| | Chief Justice of Northern Ireland.”. |
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| | 202E | After section 92 insert— |
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| | “92A | Sections 90 to 92: supplementary |
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| | (1) | In sections 90 and 91 “appropriate senior judge”, in relation to the |
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| | appointment of a person to be a member of a panel, means— |
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| | (a) | if the person is to be appointed to exercise functions wholly or |
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| | mainly in relation to England and Wales, the Lord Chief |
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| | Justice of England and Wales; |
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| | (b) | if the person is to be appointed to exercise functions wholly or |
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| | mainly in relation to Scotland, the Lord President of the Court |
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| | |
| | (c) | if the person is to be appointed to exercise functions wholly or |
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| | mainly in relation to Northern Ireland, the Lord Chief Justice |
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| | |
| | (2) | The Lord Chief Justice of England and Wales may nominate a judicial |
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| | office holder (as defined in section 95(4) of the Constitutional Reform |
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| | Act 2005) to exercise any of his functions under sections 90 to 92. |
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| | (3) | The Lord President of the Court of Session may nominate a judge of |
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| | the Court of Session who is a member of the First or Second Division |
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| | of the Inner House of that Court to exercise any of his functions under |
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| | |
| | (4) | The Lord Chief Justice of Northern Ireland may nominate any of the |
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| | following to exercise any of his functions under sections 90 to 92— |
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| | (a) | the holder of one of the offices listed in Schedule 1 to the |
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| | Justice (Northern Ireland) Act 2002 (c. 26); |
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| | (b) | a Lord Justice of Appeal (as defined in section 88 of that |
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| | |
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| Schedule 4, page 107, line 23, leave out sub-paragraphs (3) to (5) and insert— |
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| |
| |
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| | ‘(3) | In subsection (3) for “Lord Chancellor shall, after consultation with the |
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| | Lord President of the Court of Session,” substitute “Lord Chief Justice |
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| | |
| | (4) | After subsection (3) insert— |
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| | “(3A) | The Lord Chief Justice must not make an appointment under |
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| | |
| | (a) | he has consulted the Lord Chancellor, and |
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| | (b) | the Lord President of the Court of Session agrees.”.’. |
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| |
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| Schedule 4, page 107, line 32, at end insert— |
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| | ‘(6) | The Lord President of the Court of Session may nominate a judge of the |
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| | Court of Session who is a member of the First or Second Division of the |
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| | Inner House of that Court to exercise his functions under subsection |
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| | |
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| Schedule 4, page 108, line 29, leave out paragraph 208 and insert— |
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| | | ‘In section 25 (tenure of appointed members), after subsection (4) insert— |
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| | “(5) | The Lord Chancellor may declare an appointed member’s office |
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| | vacant under subsection (4) only with the concurrence of the |
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| | appropriate senior judge. |
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| | (6) | The appropriate senior judge is the Lord Chief Justice of England and |
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| | Wales, unless the member whose office is to be declared vacant |
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| | exercises functions wholly or mainly in Scotland, in which case it is |
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| | the Lord President of the Court of Session.”.’. |
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| |
| | |
| Schedule 4, page 109, line 32, at end insert ‘in relation to England and Wales. |
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| | ‘( ) | The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland |
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| | before making any order under subsection (1)(c) in relation to Northern Ireland.’. |
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| |
| | |
| Schedule 4, page 109, line 35, at end insert— |
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| | ‘( ) | The Lord Chief Justice of Northern Ireland may nominate any of the following to |
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| | exercise his functions under this section— |
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| | (a) | the holder of one of the offices listed in Schedule 1 to the Justice |
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| | (Northern Ireland) Act 2002; |
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| | (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).”.’. |
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| |
| | |
| Schedule 4, page 110, line 20, at end insert— |
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| | ‘220A | In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 |
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| | of the Courts Act 2003) omit “or alter”.’. |
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| Schedule 4, page 112, line 11, at end insert ‘, after consulting the Lord Chief |
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| Schedule 4, page 112, line 17, at end insert ‘, after consulting the Lord Chancellor’. |
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| |
| | |
| Schedule 4, page 112, line 25, at end insert— |
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| | ‘( ) | In paragraph 4 (chairman of the Tribunal for proceedings in Northern |
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| | Ireland), in sub-paragraph (1) for “Lord Chief Justice of Northern |
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| | Ireland” substitute “Lord Chancellor”.’. |
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| |
| | |
| Schedule 4, page 112, line 26, after ‘appointment)’, insert ‘— |
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| | ‘(a) | in sub-paragraph (5) for “paragraph 2, 3 or 4” substitute |
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| | |
| |
| | |
| Schedule 4, page 112, line 32, at end insert— |
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| | ‘( ) | In paragraph 16 (interpretation), in paragraph (c) of the definition of |
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| | “appointing authority” for “Lord Chief Justice of Northern Ireland” |
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| | substitute “Lord Chancellor”.’. |
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| |
| | |
| Schedule 4, page 112, line 32, at end insert— |
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| | ‘Reserve Forces Appeal Tribunals Rules 1997 (S.I. 1997/798) |
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| | (1) | Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 |
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| | (acknowledgement and registration of appeal and request to select |
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| | tribunal) is amended as follows. |
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| | (2) | In sub-paragraph (c), for the words from “Lord Chancellor” to “Northern |
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| | Ireland” substitute “person who under section 92(2) of the Act is |
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| | |
| |
| | |
| Schedule 4, page 112, line 35, leave out paragraph 229 and insert— |
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| | ‘(1) | Section 6 (panel for appointment to appeal tribunals) is amended as |
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| | |
| | (2) | In subsection (2) for the words from “such” to the end substitute “persons |
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| | appointed by the Lord Chancellor”. |
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| | (3) | After subsection (3) insert— |
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| | “(3A) | As part of the selection process for the appointment of a medical |
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| | practitioner as a member of the panel, the Judicial Appointments |
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| | Commission shall consult the Chief Medical Officer.”’. |
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| |
| |
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| | (4) | In subsection (5) after “misbehaviour” insert “; but the Lord Chancellor |
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| | may remove such a person only with the concurrence of the appropriate |
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| | |
| | (5) | After subsection (5) insert— |
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| | “(5A) | The appropriate senior judge is the Lord Chief Justice of England and |
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| | Wales, unless the person to be removed exercises functions wholly or |
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| | mainly in Scotland, in which case it is the Lord President of the Court |
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| | |
| |
| | |
| Schedule 4, page 113, line 3, after ‘Justice’, insert ‘and the Lord President of the |
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| |
| |
| | |
| Schedule 4, page 113, line 7, leave out from ‘of’ to end of line 9 and insert ‘the |
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| appropriate senior judge. |
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| | (1B) | The appropriate senior judge is the Lord Chief Justice of England and |
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| | Wales, unless the person exercises functions wholly or mainly in |
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| | Scotland, in which case it is the Lord President of the Court of |
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| | |
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| | |
| Schedule 4, page 114, line 25, after ‘95’, insert ‘(4)’. |
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| |
| | |
| Schedule 4, page 114, line 28, leave out paragraph 235 and insert— |
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| | | ‘In section 18 of the Human Rights Act 1998 (appointment to ECHR), after |
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| | |
| | “(7A) | The following paragraphs apply to the making of an order under |
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| | subsection (7) in relation to any holder of a judicial office listed in |
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| | |
| | (a) | before deciding what transitional provision it is appropriate to |
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| | make, the person making the order must consult the Lord |
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| | Chief Justice of England and Wales; |
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| | (b) | before making the order, that person must consult the Lord |
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| | Chief Justice of England and Wales. |
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| | (7B) | The following paragraphs apply to the making of an order under |
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| | subsection (7) in relation to any holder of a judicial office listed in |
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| | |
| | (a) | before deciding what transitional provision it is appropriate to |
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| | make, the person making the order must consult the Lord |
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| | Chief Justice of Northern Ireland; |
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| | (b) | before making the order, that person must consult the Lord |
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| | Chief Justice of Northern Ireland. |
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| | (7C) | The Lord Chief Justice of England and Wales may nominate a judicial |
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| | office holder (within the meaning of section 95(4) of the |
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|
|
| |
| |
|
| | Constitutional Reform Act 2005) to exercise his functions under this |
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| | |
| | (7D) | The Lord Chief Justice of Northern Ireland may nominate any of the |
|
| | following to exercise his functions under this section— |
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| | (a) | the holder of one of the offices listed in Schedule 1 to the |
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| | Justice (Northern Ireland) Act 2002; |
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| | (b) | a Lord Justice of Appeal (as defined in section 88 of that |
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| | |
| |
| | |
| Schedule 4, page 115, line 13, leave out sub-paragraphs (2) and (3) and insert— |
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| | ‘(2) | In subsection (2), in the definition of “relevant international court” for |
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| | “for the purposes of this section by the Lord Chancellor or the Secretary |
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| | of State” substitute “in relation to the holder of a United Kingdom |
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| | judicial office by the appropriate Minister”. |
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| | (3) | In subsection (6) for “subsection (5)” substitute “this section”. |
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| | (4) | After subsection (7) insert— |
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| | “(8) | The Lord Chancellor may exercise functions under this section in |
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| | relation to the holder of a United Kingdom judicial office specified in |
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| | paragraph (a) of the definition in subsection (2) only after consulting |
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| | the Lord Chief Justice of England and Wales. |
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| | (9) | The Lord Chancellor may exercise functions under this section in |
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| | relation to the holder of a United Kingdom judicial office specified in |
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| | paragraph (c) of the definition in subsection (2) only after consulting |
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| | the Lord Chief Justice of Northern Ireland. |
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| | (10) | The Lord Chief Justice of England and Wales may nominate a judicial |
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| | office holder (within the meaning of section 95(4) of the |
|
| | Constitutional Reform Act 2005) to exercise his functions under |
|
| | |
| | (11) | The Lord Chief Justice of Northern Ireland may nominate any of the |
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| | following to exercise his functions under subsection (9)— |
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| | (a) | the holder of one of the offices listed in Schedule 1 to the |
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| | Justice (Northern Ireland) Act 2002; |
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| | (b) | a Lord Justice of Appeal (as defined in section 88 of that |
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| | |
| |
| | |
| Schedule 4, page 116, leave out lines 2 to 8 and insert— |
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| | ‘(6A) | In so far as regulations under this section relate to England and Wales, the Lord |
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| | Chancellor must consult the Lord Chief Justice of England and Wales before |
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| | |
| | (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 |
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| | |
| |
| | |
| Schedule 4, page 116, line 12, at end insert— |
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|
|
| |
| |
|
| | ‘(9) | The Lord Chief Justice of Northern Ireland may nominate any of the following to |
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| | exercise his functions under this section— |
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| | (a) | the holder of one of the offices listed in Schedule 1 to the Justice |
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| | (Northern Ireland) Act 2002; |
|
| | (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).”.’. |
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| |
| | |
| Schedule 4, page 116, line 16, leave out from ‘of’ to end of line 19 and insert ‘the |
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| appropriate senior judge. |
|
| | (6) | The appropriate senior judge is the Lord Chief Justice of England and |
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| | |
| | (a) | the person to be dismissed exercises functions wholly or mainly |
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| | in Scotland, in which case it is the Lord President of the Court of |
|
| | |
| | (b) | that person exercises functions wholly or mainly in Northern |
|
| | Ireland, in which case it is the Lord Chief Justice of Northern |
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| | |
| |
| | |
| Schedule 4, page 117, line 3, leave out from ‘of’ to end of line 6 and insert ‘the |
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| appropriate senior judge. |
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| | (2B) | The appropriate senior judge is the Lord Chief Justice of England and |
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| | |
| | (a) | the person to be removed exercises functions wholly or mainly |
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| | in Scotland, in which case it is the Lord President of the Court of |
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| | |
| | (b) | the person to be removed exercises functions wholly or mainly |
|
| | in Northern Ireland, in which case it is the Lord Chief Justice of |
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| | |
| |
| | |
| Schedule 4, page 117, line 10, at end insert— |
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| | ‘(1) | Section 74 (court for trial) is amended as follows. |
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| | |
| | (a) | after “unless” insert “the Lord Chief Justice of Northern Ireland |
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| | |
| | (b) | in paragraph (a) omit from “the Lord Chancellor” to “directs |
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| | |
| | (c) | in paragraph (b) omit “the Lord Chief Justice of Northern Ireland |
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| | |
| | (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 |
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| | |
|