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| Schedule 4, page 117, line 35, at end insert— |
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| | ‘(aa) | in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute |
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| | “by the Lord Chief Justice of Northern Ireland after consulting |
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| | |
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| Schedule 4, page 117, line 40, at end insert— |
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| | ‘(6) | The Lord Chief Justice of Northern Ireland may nominate any of the |
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| | following to exercise his functions under sub-paragraph (4)(c)— |
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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 118, line 13, at end insert— |
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| | ‘Postal Services Act 2000 (c. 26) |
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| | 247A (1) | Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office |
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| | Company: supplementary provisions) is amended as follows. |
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| | (2) | In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) |
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| | for “Lord Chancellor” substitute “Chairman of the Royal Institution of |
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| | Chartered Surveyors in Northern Ireland”. |
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| | (3) | In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) |
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| | for “Lord Chancellor” substitute “Chairman of the Royal Institution of |
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| | Chartered Surveyors in Northern Ireland”. |
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| | Transport Act 2000 (c. 38) |
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| | 247B | The Transport Act 2000 is amended as follows. |
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| | 247C | In section 61 (special provisions about land), in subsection (6)(c) for “Lord |
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| | Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors |
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| | |
| | 247D | In section 93 (control in time of hostilities etc), in subsection (10)(c) for “Lord |
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| | Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors |
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| | |
| | 247E | In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for |
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| | “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered |
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| | Surveyors in Northern Ireland”. |
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| | 247F (1) | Schedule 6 (transfer schemes) is amended as follows. |
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| | (2) | In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c) |
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| | for “Lord Chancellor” substitute “Chairman of the Royal Institution of |
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| | Chartered Surveyors in Northern Ireland”.’. |
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| |
| | |
| Schedule 4, page 119, line 36, leave out sub-paragraph (2) and insert— |
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| | |
| | (a) | omit “made with the concurrence of the Lord Chancellor”; |
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| |
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| | (b) | after “tribunal” insert “; but any such order must— |
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| | “(a) | if it relates to England and Wales, be made with the |
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| | concurrence of the Lord Chief Justice of England and |
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| | |
| | (b) | if it relates to Northern Ireland, be made with the |
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| | concurrence of the Lord Chief Justice of Northern |
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| | |
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| Schedule 4, page 119, line 41, at end insert— |
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| | ‘(17) | The Lord Chief Justice of Northern Ireland may nominate any of the following to |
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| | exercise his functions under subsection (7)— |
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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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| |
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| Schedule 4, page 120, line 3, after ‘office’, insert ‘as President’. |
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| Schedule 4, page 120, line 7, at end insert— |
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| | ‘(6) | The Lord Chancellor may remove a person from office as chairman under |
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| | sub-paragraph (4) only with the concurrence of the appropriate senior |
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| | |
| | (7) | 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 |
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| | in Northern Ireland, in which case it is the Lord Chief Justice of |
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| Schedule 4, page 121, line 2, leave out ‘section’ and insert ‘paragraph’. |
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| Schedule 4, page 121, line 4, leave out ‘section’ and insert ‘paragraph’. |
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| Schedule 4, page 121, line 24, leave out ‘section’ and insert ‘paragraph’. |
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| Schedule 4, page 121, line 27, leave out ‘section’ and insert ‘paragraph’. |
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| Schedule 4, page 126, leave out line 7 and insert— |
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| | ‘(1) | There is to be a Head of Civil Justice. |
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| | (1A) | The Head of Civil Justice is— |
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| | (a) | the Master of the Rolls, or |
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| | (b) | if the Lord Chief Justice appoints another person, that person.’. |
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| |
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| Schedule 4, page 126, line 10, after ‘subsection’, insert ‘(1A)(b) or’. |
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| |
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| Schedule 4, page 126, line 16, leave out “as Deputy Head of Civil Justice holds that |
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| office” and insert “under subsection (1A)(b) or (2) holds the office to which he is |
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| |
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| Schedule 4, page 127, line 4, at end insert— |
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| | ‘281A | In section 69 (Criminal Procedure Rules), in subsection (4) omit “or alter”.’. |
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| |
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| Schedule 4, page 127, line 39, after ‘State,’ insert ‘allow or’. |
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| |
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| Schedule 4, page 128, line 13, at end insert— |
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| | ‘(4) | The Lord Chancellor may not give notice under subsection (1) unless the |
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| | Secretary of State agrees.’. |
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| |
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| Schedule 4, page 128, line 22, at end insert— |
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| | ‘286A | In section 75 (Family Procedure Rules), in subsection (5) omit “or alter”.’. |
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| |
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| Schedule 4, page 128, line 29, leave out ‘(e)’ and insert ‘(f)’. |
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| Schedule 4, page 128, line 31, leave out ‘(f)’ and insert ‘(g)’. |
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| Schedule 4, page 129, line 5, leave out ‘amend’ and insert ‘change’. |
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| Schedule 4, page 129, line 18, after ‘may’, insert ‘allow or’. |
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| Schedule 4, page 130, line 24, leave out paragraph 293. |
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| Schedule 4, page 130, line 28, at end insert— |
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| | ‘(1) | Section 102 (power to alter judicial titles: Northern Ireland) is amended |
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| | |
| | |
| | (3) | After subsection (6) insert— |
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| | “(6A) | The Lord Chancellor may make an order under this section only with |
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| | the concurrence of the Lord Chief Justice. |
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| | (6B) | The Lord Chief Justice may nominate any of the following to exercise |
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| | his functions under subsection (6A)— |
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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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| | |
| |
| | |
| Schedule 4, page 130, line 35, leave out sub-paragraph (2) and insert— |
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| | ‘( ) | After subsection (4) insert— |
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| | “(4A) | The following paragraphs apply to the making of provision that relates |
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| | to England and Wales in an order under subsection (4)— |
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| | (a) | before deciding what provision it is necessary or expedient to |
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| | make, the Lord Chancellor must consult the Lord Chief |
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| | Justice of England and Wales; |
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| | (b) | before making the order, the Lord Chancellor must consult the |
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| | Lord Chief Justice of England and Wales. |
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| | (4B) | The following paragraphs apply to the making of provision that relates |
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| | to Northern Ireland in an order under subsection (4)— |
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| | (a) | before deciding what provision it is necessary or expedient to |
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| | make, the Lord Chancellor must consult the Lord Chief |
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| | Justice of Northern Ireland; |
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| | (b) | before making the order, the Lord Chancellor must consult the |
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| | Lord Chief Justice of Northern Ireland.”.’. |
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| |
| | |
| Schedule 4, page 130, line 42, at end insert— |
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| | ‘(8) | 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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|
|
| |
| |
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| | (b) | a Lord Justice of Appeal (as defined in section 88 of that Act).”.’. |
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| |
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| Schedule 4, page 131, line 24, at end insert— |
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| | ‘(2A) | In subsection (1)(c) for “by the Lord Chancellor” substitute “by the Lord |
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| | Chief Justice of Northern Ireland after consulting the Lord Chancellor”.’. |
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| |
| | |
| Schedule 4, page 131, line 28, at end insert— |
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| | ‘(6) | The Lord Chief Justice of Northern Ireland may nominate any of the following to |
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| | exercise his functions under subsection (1)(c)— |
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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 131, line 31, at end insert— |
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| | ‘(2A) | In subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice |
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| | of Northern Ireland after consulting the Lord Chancellor.”.’. |
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| |
| | |
| Schedule 4, page 131, line 35, at end insert— |
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| | ‘(6) | The Lord Chief Justice of Northern Ireland may nominate any of the following to |
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| | exercise his functions under subsection (1)(c)— |
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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 131, line 35, at end insert— |
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| | | ‘In section 185 (free legal aid: supplementary), in subsection (6) (meaning of |
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| | |
| | (a) | in paragraph (a) for “by the Lord Chancellor” substitute “under |
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| | |
| | (b) | in paragraph (b) for “by the Lord Chancellor” substitute “under |
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| | |
| |
| | |
| Schedule 4, page 134, line 20, at end insert— |
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| | ‘Pensions Appeal Tribunals Act 1943 (c. 39) |
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| | 310A (1) | Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, |
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| | jurisdiction and procedure of Pensions Appeal Tribunals) is amended as |
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| | |
| | |
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| |
| |
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| | (a) | for “a judge of the High Court nominated for the purpose by the |
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| | Lord Chancellor” substitute “the relevant judicial authority”; |
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| | (b) | for “judge so nominated” substitute “relevant judicial authority”; |
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| | (c) | for “that judge” substitute “that authority”. |
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| | (3) | After subsection (2) insert— |
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| | “(2ZA) | In subsection (2) “relevant judicial authority” means— |
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| | (a) | in relation to England and Wales, a judge of the High Court in |
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| | England and Wales nominated for the purposes of subsection |
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| | (2) by the Lord Chief Justice of England and Wales after |
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| | consulting the Lord Chancellor; |
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| | (b) | in relation to Scotland, the Court of Session; |
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| | (c) | in relation to Northern Ireland, the Court of Appeal in |
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| | |
| | (2ZB) | 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 his functions under subsection (2ZA)(a).” |
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| | (4) | After subsection (4) insert— |
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| | “(5) | In the application of subsection (2) in relation to Northern Ireland, |
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| | “rules of court” means rules of court made under section 55 of the |
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| | Judicature (Northern Ireland) Act 1978.” |
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| | (5) | In relation to the enactment referred to in this paragraph, the original |
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| | amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces |
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| | (Pensions and Compensation) Act 2004.’. |
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| |
| | |
| Schedule 4, page 135, line 21, after ‘Wales’, insert ‘or on the Lord Chief Justice of |
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| |
| |
| | |
| Schedule 4, page 135, line 22, at end insert— |
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| | ‘( ) | The functions conferred on the Lord Chief Justice of Northern Ireland by this |
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| | section may be exercised only after consulting the Lord Chancellor.’. |
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| |
| | |
| Schedule 4, page 135, line 25, at end insert— |
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| | ‘( ) | 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 |
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| | 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; |
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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 135, line 31, leave out from first ‘of’ to end of line 3 on page 136 |
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| and insert ‘the appropriate senior judge. |
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|
|
| |
| |
|
| | ( ) | The appropriate senior judge is the Lord Chief Justice of England and Wales, |
|
| | |
| | (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 |
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| | (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 |
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| | |
| |
| | |
| 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); |
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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 137, line 38, leave out sub-paragraph (b). |
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| |
| | |
| Schedule 4, page 138, line 16, after ‘of’, insert ‘Schedule 8 to’. |
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| |
| | |
| Schedule 4, page 139, line 7, after ‘of’, insert ‘Schedule 8 to’. |
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| |
| | |
| Schedule 4, page 139, line 10, leave out paragraph 328. |
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| |
| | |
| Schedule 4, page 139, line 19, at end insert— |
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| | ‘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 |
|
| | |
| | 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 |
|
|