cwh0103.308-314

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
308

Constitutional Reform Bill–[ [], continued

being of the Royal Institution of Chartered Surveyors in Northern

Ireland”.

      (3)
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.’.

Mr Christopher Leslie

Agreed to  460

Schedule  4,  page  143,  line  1,  leave out ‘with the concurrence of’ and insert ‘after

consulting’.

Mr Christopher Leslie

Agreed to  461

Schedule  4,  page  143,  line  41,  leave out ‘section’ and insert ‘paragraph’.

Mr Christopher Leslie

Agreed to  462

Schedule  4,  page  144,  line  7,  at end insert—

‘Nationality, Immigration and Asylum Act 2002 (c. 41)

      (1)
In Schedule 5 to the Nationality, Immigration and Asylum Act 2002

(Immigration Appeal Tribunal), paragraph 3 (appointment of President)

is amended as follows.

      (2)
That paragraph becomes sub-paragraph (1) of paragraph 3.

      (3)
In that sub-paragraph, after “Lord Chancellor shall” insert “, with the

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

President of the Court of Session and the Lord Chief Justice of Northern

Ireland,”.

      (4)
After that sub-paragraph insert—

  “(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 his functions under

this paragraph.

      (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 his functions

under this paragraph.

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

the following to exercise his functions under this paragraph—

(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).”

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

amending provision is section 26(5)(b) of the Asylum and Immigration

(Treatment of Claimants, etc.) Act 2004 (c. 19).’.

Schedule, as amended, Agreed to.

Committee of the whole House Proceedings: 1st March 2005
309

Constitutional Reform Bill–[ [], continued

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Negatived on division  355

Clause  14,  page  6,  line  9,  leave out from ‘that’ to end of line 14 and insert ‘I will

well and truly serve our Sovereign..........in the office of Lord High Chancellor of Great

Britain and that I will faithfully and at all times uphold the continued independence of the

judiciary and the rule of law, in accordance with the laws and usages of this Realm.”.’.

Clause Agreed to.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  356

Page  6,  line  18,  leave out Clause 15.

Clause Agreed to.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  357

Page  144,  line  8,  leave out Schedule 5.

Schedule Agreed to.

Mr Christopher Leslie

Agreed to  39

Clause  16,  page  6,  line  23,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  40

Clause  16,  page  6,  line  24,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  41

Clause  16,  page  6,  line  25,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  42

Clause  16,  page  6,  line  27,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Committee of the whole House Proceedings: 1st March 2005
310

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  43

Clause  16,  page  6,  line  29,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  44

Clause  16,  page  6,  line  30,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  45

Clause  16,  page  6,  line  31,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  46

Clause  16,  page  7,  line  4,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  47

Clause  16,  page  7,  line  13,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  48

Schedule  6,  page  146,  line  3,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  49

Schedule  6,  page  146,  line  5,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  50

Schedule  6,  page  146,  line  6,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  51

Schedule  6,  page  146,  line  8,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  559

Schedule  6,  page  150,  line  6,  at end insert ‘and (c)’

Mr Christopher Leslie

Agreed to  463

Schedule  6,  page  150,  line  33,  leave out ‘(5)’.

Mr Christopher Leslie

Agreed to  560

Schedule  6,  page  153,  line  13,  at end insert—

Committee of the whole House Proceedings: 1st March 2005
311

Constitutional Reform Bill–[ [], continued

‘Section 91(3)(c)’

Mr Christopher Leslie

Agreed to  464

Schedule  6,  page  155,  leave out line 4.

Mr Christopher Leslie

Agreed to  465

Schedule  6,  page  155,  leave out line 6.

Mr Christopher Leslie

Agreed to  561

Schedule  6,  page  155,  line  47,  at end insert—

‘B: Legislation relating to Northern Ireland

Judicial Pensions (Northern Ireland) Act 1951 (c. 20 (N.I.))

Section 11A

Section 16

Schedule 4, paragraph 3

Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))

Section 1

Section 5A

Section 11(3)

Section 36(1) and (2)

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

Section 102(1)

Section 106 (1) and (3)

Section 107(1), (3) and (7)

Section 116(1)

Section 116A(3)(b), (4)(a) and (b), (5) and (6)

Section 127A(1)

Section 132

Section 132A(1), (2) and (4)

Section 134

Schedule 2A, paragraphs 2(1)(a), 11(1), 12(1) and 13(a)

Resident Magistrates’ Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

Section 2(1)

Section 2A(3)(b), (4)(a) and (b), (5) and (6)

Section 9A(1)

Section 16(1), (3) and (4)

Section 21A(1), (2) and (4)

Schedule 2, paragraph 3(3)(a)

Schedule 3, paragraphs 2(a), 11(1), 12(1) and 13

Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

Section 9(1)

Section 10(1)

Section 12(1)

Section 12A(2)

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

Section 1(2)

Section 2A(3)(b), (4)(a) and (b), (5) and (6)

Section 3(1) and (2)

Registration of Deeds Act (Northern Ireland) 1970 (c. 25 (N.I.))

Section 19(3)

Social Security (Northern Ireland) Act 1975 (c. 15)

Schedule 10, paragraphs 6(1), 7(2), (3) and (4), 7A(3)(b), (4)(a) and (b), (5)

and (6)

Judicature (Northern Ireland) Act 1978 (c. 23)

Section 7(4)

Section 12

Section 12B

Section 53(1)(f) and (2)

Section 54(1), (5) and (6)

Section 56(4)

Section 68(3), (5) and (6)

Section 70(1), (3), (5) and (6)

Section 71(4)

Section 72(3)

Section 74(1), (3) and (5)

Section 75(1), (7) and (9)

Section 82(1)

Section 103(3)

Section 116(1) and (2)

Section 117A

Section 123(2) and (3)

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

Article 33(4C)

Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)

Schedule 1, Part 1

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

Article 2(2)

In Article 46(1) as amended by section 73(2) of the Justice (Northern Ireland)

Act 2002, paragraphs (d), (e), (f) and (g)

Article 46(4) and (5)

Article 59

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

Article 6A(3)

Article 10(1)

Article 13(5)

Article 24(7)

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

Article 6(2)

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

Article 104(5)

Schedule 3, paragraphs 1, 2 and 3

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

Article 25(6)(a) and (7)

Article 26(2)(a), (3)(c) and (5)

Article 48(1)

Article 51(1)

Schedule 4, paragraphs 1, 1A, 3A(1) and 4

Judicial Pensions (Northern Ireland) Order 1991 (S.I. 1991/2631 (N.I. 24))

Article 1(2)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Section 22(6)

Section 56(6)

Section 165(2)

Section 167(1)

Schedule 2, paragraph 7

Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))

Article 30(1)(a)

Article 31(2)

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

Schedule 2, paragraphs 2(1)(g), 6 and 9

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Article 164(5)

Article 181

Article 183(3)

Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

Article 22(2)(a) and (b) and (4)(b)

Northern Ireland Act 1998 (c. 47)

Section 91(6)

Schedule 11, paragraphs 2(1) and (3), 3(1) and (4), and 4

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I.

1998/1071 (N.I. 6))

Article 36(1)

Article 40(1) and (2)

Road Traffic (New Drivers) (Northern Ireland) Order 1998 (S.I. 1998/1074

(N.I. 7))

Article 7(8)

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

Article 6(1)

Article 7(1) and (4)

Article 15(12) and (13)

Article 74(2)

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/

3162 (N.I. 21))

Article 40(7)(b)

Article 82(1), (3) and (6)

Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147

(N.I. 11))

Article 40

Article 73(10) and (11)

Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4

(N.I.))

Schedule 7, paragraph 20(1) and (6)

Justice (Northern Ireland) Act 2002 (c. 26)

Section 2(2)

Section 3(2)(b)

Section 5(3), (4), (5), (6) and (7)

Section 9(1) and (11)

Section 12(3)

Section 19(4)

Section 50(5)

Section 51(3)

Schedule 2, paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and

7(2) and (3)

Health and Person Social Services (Quality, Improvement and Regulation)

(Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))

Schedule 2, paragraph 3(2)

Justice (Northern Ireland) Act 2004 (c. 4)

Schedule 3, paragraph 1(3)(a)’.

Committee of the whole House Proceedings: 1st March 2005
312

Constitutional Reform Bill–[ [], continued

Committee of the whole House Proceedings: 1st March 2005
313

Constitutional Reform Bill–[ [], continued

Committee of the whole House Proceedings: 1st March 2005
314

Constitutional Reform Bill–[ [], continued

Schedule, as amended, Agreed to.

Clause 17 Agreed to.

Mr Christopher Leslie

Agreed to  52

Clause  18,  page  8,  line  7,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  53

Clause  18,  page  8,  line  8,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  54

Clause  18,  page  8,  line  12,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  55

Clause  19,  page  8,  line  17,  leave out ‘Minister’ and insert ‘Lord Chancellor’.