cwh0103.315-321

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
315

Constitutional Reform Bill–[ [], continued

Mr Christopher Leslie

Agreed to  56

Clause  19,  page  8,  line  21,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

new clauses relating to Part 2

Functions of the Lord Chief Justice during vacancy or incapacity

Mr Christopher Leslie

Added  NC10

To move the following Clause:—

‘(1)
This section applies during any period when—

(a)
the office of Lord Chief Justice is vacant, or

(b)
the Lord Chief Justice is incapacitated.

(2)
During such a period—

(a)
any function of the Lord Chief Justice may be exercised by the senior

Head of Division;

(b)
anything which falls to be done in relation to the Lord Chief Justice may

be done in relation to the senior Head of Division.

(3)
The senior Head of Division is—

(a)
the Master of the Rolls, or

(b)
the President of the Queen’s Bench Division, if the office in paragraph

(a) is vacant, or

(c)
the President of the Family Division, if the offices in paragraphs (a) and

(b) are vacant, or

(d)
the Chancellor of the High Court, if the offices in paragraphs (a), (b) and

(c) are vacant.

(4)
For the purposes of this section—

(a)
the Lord Chief Justice is to be regarded as incapacitated only if at least

three of the Heads of Division declare in writing that they are satisfied

that he is incapacitated;

(b)
in such a case, the Lord Chief Justice is to be regarded as incapacitated

until at least three of the Heads of Division declare in writing that they

are satisfied that he is no longer incapacitated.

(5)
In this section—

(a)
“Lord Chief Justice” means the Lord Chief Justice of England and Wales;

(b)
“incapacitated”, in relation to the Lord Chief Justice, means unable to

exercise the functions of that office;

(c)
“Head of Division” means each of the office holders referred to in

subsection (3).’.

Committee of the whole House Proceedings: 1st March 2005
316

Constitutional Reform Bill–[ [], continued

The Lord Chancellor and Northern Ireland courts

Mr Christopher Leslie

Added  NC20

To move the following Clause:—

‘In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—

“68A
Lord Chancellor’s duty

(1)
The Lord Chancellor is under a duty to ensure that there is an efficient

and effective system to support the carrying on of the business of—

(a)
the Supreme Court,

(b)
county courts,

(c)
magistrates’ courts, and

(d)
coroners’ courts,


and that appropriate services are provided for those courts.

(2)
The Lord Chancellor must, within 18 months of the coming into force of

this section, and afterwards annually, prepare and lay before both Houses

of Parliament a report as to the way in which he has discharged his duty

under subsection (1).”’.

Disqualification from holding further ministerial office

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Negatived on division  nc9

To move the following Clause:—

‘Once a person has held the post of Lord Chancellor he is disqualified from

holding any other ministerial office.’.

New Schedule Relating to Part 2

Mr Christopher Leslie

Added  NS1

To move the following Schedule:—

‘Functions under legislation relating to Northern Ireland

Part 1

Amendments

Committee of the whole House Proceedings: 1st March 2005
317

Constitutional Reform Bill–[ [], continued

Land Law (Ireland) Act 1896 (c. 47)

1      (1)
Section 24 of the Land Law (Ireland) Act 1896 (power to nominate judge

to act as additional land judge) is amended as follows.

      (2)
For “Lord Chancellor” in each place substitute “Lord Chief Justice”.

      (3)
At the end of the section insert—


“The Lord Chief Justice 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).”.’.

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

2
The Coroners Act (Northern Ireland) 1959 is amended as follows.

3
In section 2 (appointment of coroners), after subsection (1) insert—

“(1A)
The Lord Chief Justice must also be consulted before any

determination is made under subsection (1) as to numbers of coroners

or deputy coroners.

(1B)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (1A)—

(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).”

4      (1)
Section 3 (power to amalgamate districts) is amended as follows.

      (2)
That section becomes subsection (1) of section 3.

      (3)
After that subsection insert—

“(2)
The Lord Chief Justice must be consulted before any date is appointed

and before any order is made under subsection (1).

(3)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (2)—

(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      (1)
Section 6 (coroner to hold inquests in district in which he is appointed) is

amended as follows.

      (2)
In subsection (2) for “Lord Chancellor may” in each place substitute

“Lord Chief Justice may, after consultation with the Lord Chancellor,”.

      (3)
After subsection (2) insert—

“(3)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (2)—

(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).”

6      (1)
Section 36 is amended as follows.

Committee of the whole House Proceedings: 1st March 2005
318

Constitutional Reform Bill–[ [], continued

      (2)
In subsection (1)—

(a)
for “The Lord Chancellor may by rules” substitute “Rules under

this section may”;

(b)
in paragraph (a) omit “made after consultation with the

Treasury,”;

(c)
in paragraph (b) omit “made after consultation with the Lord

Chief Justice”.

      (3)
After subsection (1) insert—

“(1A)
It is for the Lord Chancellor to make rules under subsection (1)(a),

after consultation with the Treasury.

(1B)
It is for the Lord Chief Justice to make rules under subsection (1)(b),

in accordance with subsections (1C) to (1G).

(1C)
The Lord Chief Justice may make rules under subsection (1)(b) only

with the agreement of the Lord Chancellor.

(1D)
If the Lord Chancellor does not agree such rules made by the Lord

Chief Justice, the Lord Chancellor must give the Lord Chief Justice

written reasons why he does not agree the rules.

(1E)
Subsection (1F) applies if the Lord Chancellor gives the Lord Chief

Justice written notice that he thinks it is expedient for rules under

subsection (1)(b) to include provision that would achieve a purpose

specified in the notice.

(1F)
The Lord Chief Justice must make such rules under subsection (1)(b)

as he considers necessary to achieve the specified purpose.

(1G)
Those rules must be—

(a)
made within a reasonable period after the Lord Chancellor

gives notice under subsection (1E);

(b)
made in accordance with the relevant provisions of this

section.

(1H)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsections (1B), (1C) and (1F)—

(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).”

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

7
The County Courts Act (Northern Ireland) 1959 is amended as follows.

8
In section 102 (appointment and assignment of judges), in subsections (2) and (4)

for “Lord Chancellor” substitute “Lord Chief Justice”.

9
In section 105 (tenure and oaths of office and retirement of judges), in subsection

(4) omit “Lord Chancellor’s”.

10
In section 107 (deputy judges), in subsection (4) omit “Lord Chancellor’s”.

11
In section 116 (pensions of judges), after subsection (5) insert—

“(5A)
The Lord Chancellor must consult the Lord Chief Justice before—

(a)
making a recommendation in a case that falls within

subsection (1)(b), or

Committee of the whole House Proceedings: 1st March 2005
319

Constitutional Reform Bill–[ [], continued

(b)
requiring a person to resume the duties of judge in accordance

with subsection (4).

(5B)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (5A)—

(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).”.’.

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

12
The Resident Magistrates’ Pensions Act (Northern Ireland) 1960 is amended as

follows.

13
In section 1 (retiring age of resident magistrates), omit “Lord Chancellor’s”.

14
In section 2 (pensions of resident magistrates), after subsection (6) insert—

“(7)
The Lord Chancellor must consult the Lord Chief Justice before—

(a)
satisfying himself as mentioned in subsection (3)(c), or

(b)
requiring a person to resume the duties of resident magistrate

in accordance with subsection (4).

(8)
The Lord Chief Justice 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 (c. 26);

(b)
a Lord Justice of Appeal (as defined in section 88 of that

Act).”.’.

15
Omit section 11 (resident magistrates already serving).

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

16
In section 9 of the Magistrates’ Courts Act (Northern Ireland) 1964 (appointment

and assignment of resident magistrates), in subsections (3) and (5) for “Lord

Chancellor” substitute “Lord Chief Justice”.

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

17
In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964

(terms of appointment of members of Lands Tribunal), in subsection (1)(b) omit

“Lord Chancellor’s”.

Children and Young Persons Act (Northern Ireland) 1968 (c. (N.I.))

18      (1)
Schedule 2 to the Children and Young Persons Act (Northern Ireland)

1968 (constitution of juvenile courts) is amended as follows.

      (2)
In paragraph 8 (regulations), after “Lord Chancellor” insert “after

consultation with the Lord Chief Justice”.

Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

19
In section 85 of the Land Registration Act (Northern Ireland) 1970, after

subsection (2) insert—

“(2A)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (2)(a)—

Committee of the whole House Proceedings: 1st March 2005
320

Constitutional Reform Bill–[ [], continued

(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).”

Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (S.R. 1974/256)

20      (1)
Rule 2 of the Misuse of Drugs Tribunal (Northern Ireland) Rules 1974

(interpretation) is amended as follows.

      (2)
In paragraph (1), in the definition of “the chairman” for “by the Lord

Chief Justice of Northern Ireland” substitute “in accordance with

paragraph 1(1)(a) of Schedule 3 to the Act”.

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

21      (1)
Schedule 10 to the Social Security (Northern Ireland) Act 1975

(supplementary provision as to Local Tribunals, Commissioners etc) is

amended as follows.

      (2)
In paragraph 6 (Commissioners’ pensions), after sub-paragraph (1)

insert—

“(1ZA)
The Lord Chancellor must consult the Lord Chief Justice before

satisfying himself as mentioned in sub-paragraph (1)(c).

  (1ZB)
The Lord Chief Justice may nominate any of the following to

exercise his functions under sub-paragraph (1ZA)—

(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).”

      (3)
In paragraph 7 (Commissioners’ pensions: supplementary), after sub-

paragraph (5) insert—

“(5A)
The Lord Chancellor must consult the Lord Chief Justice before

requiring a person to resume the duties of Commissioner in

accordance with sub-paragraph (5).

    (5B)
The Lord Chief Justice may nominate any of the following to

exercise his functions under sub-paragraph (5A)—

(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).”

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

22
The Judicature (Northern Ireland) Act 1978 is amended as follows.

23      (1)
Section 7 (further assistance for transaction of judicial business) is

amended as follows.

      (2)
In subsections (1) and (2) for “Lord Chancellor” substitute “Lord Chief

Justice”.

      (3)
After subsection (4) insert—

“(5)
The Lord Chief Justice may nominate any of the following to exercise

his functions under this section—

Committee of the whole House Proceedings: 1st March 2005
321

Constitutional Reform Bill–[ [], continued

(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).”

24      (1)
Section 47 (exercise of jurisdiction by Crown Court) is amended as

follows.

      (2)
In subsection (2)—

(a)
for “Lord Chancellor” in the first place substitute “Lord Chief

Justice”;

(b)
for “Lord Chancellor after consultation with the Lord Chief

Justice” substitute “Lord Chief Justice”.

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

Chief Justice” substitute “Lord Chief Justice”.

      (4)
In subsection (5) after “Lord Chancellor” insert “after consultation with

the Lord Chief Justice”.

      (5)
After subsection (6) insert—

“(7)
The Lord Chief Justice 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).”

25
In section 48 (committal for trial on indictment), in subsection (1)(c) for “Lord

Chancellor” substitute “Lord Chief Justice”.

26
In section 52 (Crown Court rules), in subsection (1) for the words from the

beginning to “prescribing—” substitute—

“(1)
Subject to any statutory provision, Crown Court rules may be made in

accordance with section 53A for the purpose of regulating and

prescribing—”.

27      (1)
Section 53 (membership of the Crown Court Rules Committee) is

amended as follows.

      (2)
In subsection (1)(c) and (d) for “Lord Chancellor after consultation with

the Lord Chief Justice” substitute “Lord Chief Justice”.

      (3)
After subsection (1) insert—

“(1A)
The Lord Chief Justice may nominate any of the following to exercise

his functions under subsection (1)(c) or (d)—

(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).”

28
After section 53 insert—

“53A
Making of Crown Court rules

(1)
It is for the Crown Court Rules Committee to make Crown Court rules.

(2)
After making Crown Court rules the Committee must submit them to

the Lord Chancellor.

(3)
The Lord Chancellor must allow or disallow Crown Court rules

submitted to him.