cwh0103.301-307

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
301

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  540

Schedule  4,  page  117,  line  35,  at end insert—

‘(aa)
in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute

“by the Lord Chief Justice of Northern Ireland after consulting

the Lord Chancellor”;’.

Mr Christopher Leslie

Agreed to  541

Schedule  4,  page  117,  line  40,  at end insert—

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

following to exercise his functions under sub-paragraph (4)(c)—

(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  542

Schedule  4,  page  118,  line  13,  at end insert—

‘Postal Services Act 2000 (c. 26)

247A      (1)
Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office

Company: supplementary provisions) is amended as follows.

      (2)
In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c)

for “Lord Chancellor” substitute “Chairman of the Royal Institution of

Chartered Surveyors in Northern Ireland”.

      (3)
In paragraph 7 (other third party property rights), in sub-paragraph (3)(c)

for “Lord Chancellor” substitute “Chairman of the Royal Institution of

Chartered Surveyors in Northern Ireland”.

Transport Act 2000 (c. 38)

247B
The Transport Act 2000 is amended as follows.

247C
In section 61 (special provisions about land), in subsection (6)(c) for “Lord

Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors

in Northern Ireland”.

247D
In section 93 (control in time of hostilities etc), in subsection (10)(c) for “Lord

Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors

in Northern Ireland”.

247E
In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for

“Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered

Surveyors in Northern Ireland”.

247F      (1)
Schedule 6 (transfer schemes) is amended as follows.

      (2)
In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c)

for “Lord Chancellor” substitute “Chairman of the Royal Institution of

Chartered Surveyors in Northern Ireland”.’.

Mr Christopher Leslie

Agreed to  543

Schedule  4,  page  119,  line  36,  leave out sub-paragraph (2) and insert—

    ‘( )
In subsection (7)—

(a)
omit “made with the concurrence of the Lord Chancellor”;

Committee of the whole House Proceedings: 1st March 2005
302

Constitutional Reform Bill–[ [], continued

(b)
after “tribunal” insert “; but any such order must—

“(a)
if it relates to England and Wales, be made with the

concurrence of the Lord Chief Justice of England and

Wales;

(b)
if it relates to Northern Ireland, be made with the

concurrence of the Lord Chief Justice of Northern

Ireland”.’.

Mr Christopher Leslie

Agreed to  544

Schedule  4,  page  119,  line  41,  at end insert—

‘(17)
The Lord Chief Justice of Northern Ireland may nominate any of the following to

exercise his functions under subsection (7)—

(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  436

Schedule  4,  page  120,  line  3,  after ‘office’, insert ‘as President’.

Mr Christopher Leslie

Agreed to  437

Schedule  4,  page  120,  line  7,  at end insert—

    ‘(6)
The Lord Chancellor may remove a person from office as chairman under

sub-paragraph (4) only with the concurrence of the appropriate senior

judge.

      (7)
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  438

Schedule  4,  page  121,  line  2,  leave out ‘section’ and insert ‘paragraph’.

Mr Christopher Leslie

Agreed to  439

Schedule  4,  page  121,  line  4,  leave out ‘section’ and insert ‘paragraph’.

Mr Christopher Leslie

Agreed to  440

Schedule  4,  page  121,  line  24,  leave out ‘section’ and insert ‘paragraph’.

Mr Christopher Leslie

Agreed to  441

Schedule  4,  page  121,  line  27,  leave out ‘section’ and insert ‘paragraph’.

Committee of the whole House Proceedings: 1st March 2005
303

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  442

Schedule  4,  page  126,  leave out line 7 and insert—

‘(1)
There is to be a Head of Civil Justice.

(1A)
The Head of Civil Justice is—

(a)
the Master of the Rolls, or

(b)
if the Lord Chief Justice appoints another person, that person.’.

Mr Christopher Leslie

Agreed to  443

Schedule  4,  page  126,  line  10,  after ‘subsection’, insert ‘(1A)(b) or’.

Mr Christopher Leslie

Agreed to  444

Schedule  4,  page  126,  line  16,  leave out “as Deputy Head of Civil Justice holds that

office” and insert “under subsection (1A)(b) or (2) holds the office to which he is

appointed”.

Mr Christopher Leslie

Agreed to  445

Schedule  4,  page  127,  line  4,  at end insert—

‘281A
In section 69 (Criminal Procedure Rules), in subsection (4) omit “or alter”.’.

Mr Christopher Leslie

Agreed to  446

Schedule  4,  page  127,  line  39,  after ‘State,’ insert ‘allow or’.

Mr Christopher Leslie

Agreed to  447

Schedule  4,  page  128,  line  13,  at end insert—

‘(4)
The Lord Chancellor may not give notice under subsection (1) unless the

Secretary of State agrees.’.

Mr Christopher Leslie

Agreed to  448

Schedule  4,  page  128,  line  22,  at end insert—

‘286A
In section 75 (Family Procedure Rules), in subsection (5) omit “or alter”.’.

Mr Christopher Leslie

Agreed to  449

Schedule  4,  page  128,  line  29,  leave out ‘(e)’ and insert ‘(f)’.

Mr Christopher Leslie

Agreed to  450

Schedule  4,  page  128,  line  31,  leave out ‘(f)’ and insert ‘(g)’.

Mr Christopher Leslie

Agreed to  451

Schedule  4,  page  129,  line  5,  leave out ‘amend’ and insert ‘change’.

Committee of the whole House Proceedings: 1st March 2005
304

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  452

Schedule  4,  page  129,  line  18,  after ‘may’, insert ‘allow or’.

Mr Christopher Leslie

Agreed to  453

Schedule  4,  page  130,  line  24,  leave out paragraph 293.

Mr Christopher Leslie

Agreed to  545

Schedule  4,  page  130,  line  28,  at end insert—

    ‘(1)
Section 102 (power to alter judicial titles: Northern Ireland) is amended

as follows.

      (2)
Omit subsection (4).

      (3)
After subsection (6) insert—

“(6A)
The Lord Chancellor may make an order under this section only with

the concurrence of the Lord Chief Justice.

(6B)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (6A)—

(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  546

Schedule  4,  page  130,  line  35,  leave out sub-paragraph (2) and insert—

    ‘( )
After subsection (4) insert—

“(4A)
The following paragraphs apply to the making of provision that relates

to England and Wales in an order under subsection (4)—

(a)
before deciding what provision it is necessary or expedient to

make, the Lord Chancellor must consult the Lord Chief

Justice of England and Wales;

(b)
before making the order, the Lord Chancellor must consult the

Lord Chief Justice of England and Wales.

(4B)
The following paragraphs apply to the making of provision that relates

to Northern Ireland in an order under subsection (4)—

(a)
before deciding what provision it is necessary or expedient to

make, the Lord Chancellor must consult the Lord Chief

Justice of Northern Ireland;

(b)
before making the order, the Lord Chancellor must consult the

Lord Chief Justice of Northern Ireland.”.’.

Mr Christopher Leslie

Agreed to  547

Schedule  4,  page  130,  line  42,  at end insert—

‘(8)
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;

Committee of the whole House Proceedings: 1st March 2005
305

Constitutional Reform Bill–[ [], continued

(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).”.’.

Mr Christopher Leslie

Agreed to  548

Schedule  4,  page  131,  line  24,  at end insert—

  ‘(2A)
In subsection (1)(c) for “by the Lord Chancellor” substitute “by the Lord

Chief Justice of Northern Ireland after consulting the Lord Chancellor”.’.

Mr Christopher Leslie

Agreed to  549

Schedule  4,  page  131,  line  28,  at end insert—

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

exercise his functions under subsection (1)(c)—

(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  550

Schedule  4,  page  131,  line  31,  at end insert—

  ‘(2A)
In subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice

of Northern Ireland after consulting the Lord Chancellor.”.’.

Mr Christopher Leslie

Agreed to  551

Schedule  4,  page  131,  line  35,  at end insert—

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

exercise his functions under subsection (1)(c)—

(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  552

Schedule  4,  page  131,  line  35,  at end insert—


‘In section 185 (free legal aid: supplementary), in subsection (6) (meaning of

appropriate judge)—

(a)
in paragraph (a) for “by the Lord Chancellor” substitute “under

section 67”;

(b)
in paragraph (b) for “by the Lord Chancellor” substitute “under

section 139”.

Mr Christopher Leslie

Agreed to  553

Schedule  4,  page  134,  line  20,  at end insert—

‘Pensions Appeal Tribunals Act 1943 (c. 39)

310A      (1)
Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution,

jurisdiction and procedure of Pensions Appeal Tribunals) is amended as

follows.

      (2)
In subsection (2)—

Committee of the whole House Proceedings: 1st March 2005
306

Constitutional Reform Bill–[ [], continued

(a)
for “a judge of the High Court nominated for the purpose by the

Lord Chancellor” substitute “the relevant judicial authority”;

(b)
for “judge so nominated” substitute “relevant judicial authority”;

(c)
for “that judge” substitute “that authority”.

      (3)
After subsection (2) insert—

“(2ZA)
In subsection (2) “relevant judicial authority” means—

(a)
in relation to England and Wales, a judge of the High Court in

England and Wales nominated for the purposes of subsection

(2) by the Lord Chief Justice of England and Wales after

consulting the Lord Chancellor;

(b)
in relation to Scotland, the Court of Session;

(c)
in relation to Northern Ireland, the Court of Appeal in

Northern Ireland.

(2ZB)
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 (2ZA)(a).”

      (4)
After subsection (4) insert—

“(5)
In the application of subsection (2) in relation to Northern Ireland,

“rules of court” means rules of court made under section 55 of the

Judicature (Northern Ireland) Act 1978.”

      (5)
In relation to the enactment referred to in this paragraph, the original

amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces

(Pensions and Compensation) Act 2004.’.

Mr Christopher Leslie

Agreed to  554

Schedule  4,  page  135,  line  21,  after ‘Wales’, insert ‘or on the Lord Chief Justice of

Northern Ireland’.

Mr Christopher Leslie

Agreed to  555

Schedule  4,  page  135,  line  22,  at end insert—

‘( )
The functions conferred on the Lord Chief Justice of Northern Ireland by this

section may be exercised only after consulting the Lord Chancellor.’.

Mr Christopher Leslie

Agreed to  556

Schedule  4,  page  135,  line  25,  at end insert—

‘( )
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 section.

( )
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  454

Schedule  4,  page  135,  line  31,  leave out from first ‘of’ to end of line 3 on page 136

and insert ‘the appropriate senior judge.

Committee of the whole House Proceedings: 1st March 2005
307

Constitutional Reform Bill–[ [], continued

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

unless—

(a)
the member 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 member 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  557

Schedule  4,  page  136,  line  13,  at end insert—

‘(4)
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 section.

(5)
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  456

Schedule  4,  page  137,  line  38,  leave out sub-paragraph (b).

Mr Christopher Leslie

Agreed to  457

Schedule  4,  page  138,  line  16,  after ‘of’, insert ‘Schedule 8 to’.

Mr Christopher Leslie

Agreed to  458

Schedule  4,  page  139,  line  7,  after ‘of’, insert ‘Schedule 8 to’.

Mr Christopher Leslie

Agreed to  459

Schedule  4,  page  139,  line  10,  leave out paragraph 328.

Mr Christopher Leslie

Agreed to  558

Schedule  4,  page  139,  line  19,  at end insert—

‘Railways Act 1993 (c. 43)

328A
The Railways Act 1993 is amended as follows.

328B      (1)
In section 91 (transfer schemes: general), in subsection (7)(c) for “Lord

Chancellor” substitute “Chairman of the Royal Institution of Chartered

Surveyors in Northern Ireland”.

      (2)
In relation to the enactment referred to in this paragraph, the original

amending provision is section 274 of, and Schedule 31 to, the Transport

Act 2000.

328C      (1)
Schedule 8 (transfers by transfer scheme) is amended as follows.

      (2)
In paragraph 14 (third parties affected by vesting provisions), in sub-

paragraph (5)(c) for “Lord Chancellor” substitute “Chairman for the time