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Committee of the whole House Proceedings: 1st March 2005    

322

 

Constitutional Reform Bill[ [], continued

 
 

(4)    

Crown Court rules have effect only if allowed by the Lord Chancellor.

 

(5)    

If the Lord Chancellor disallows Crown Court rules, the Lord

 

Chancellor must give the Committee written reasons why he has

 

disallowed them.

 

(6)    

Subsection (7) applies if the Lord Chancellor gives the Committee

 

written notice that he thinks it is expedient for Crown Court rules to

 

include provision that would achieve a purpose specified in the notice.

 

(7)    

The Committee must make such Crown Court rules as it considers

 

necessary to achieve the specified purpose.

 

(8)    

Those Crown Court rules must be—

 

(a)    

made within a reasonable period after the Lord Chancellor

 

gives notice under subsection (6);

 

(b)    

made in accordance with this section.”

 

29      (1)    

Section 55 (rules of court) is amended as follows.

 

      (2)    

In subsection (1) for the words from the beginning to “with respect to—

 

” substitute—

 

“(1)    

Subject to any statutory provision, rules may be made in accordance

 

with section 55A with respect to—”.

 

      (3)    

In subsection (2) for the words from the beginning to “make rules—”

 

substitute—

 

“(2)    

Subject to any statutory provision, rules may be made in accordance

 

with section 55A—”

 

      (4)    

In subsection (3) for “made by the Rules Committee” substitute “made

 

under this section”.

 

30    

After section 55 insert—

 

“55A  

Making of rules of Court

 

(1)    

It is for the Rules Committee to make rules under section 55(1) or (2).

 

(2)    

After making such rules the Rule Committee must submit them to the

 

Lord Chancellor.

 

(3)    

The Lord Chancellor must allow or disallow rules submitted to him.

 

(4)    

Rules submitted to the Lord Chancellor have effect only if allowed by

 

him.

 

(5)    

If the Lord Chancellor disallows rules submitted to him, he must give

 

the Committee written reasons why he has disallowed them.

 

(6)    

Subsection (7) applies if the Lord Chancellor gives the Rules

 

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

 

section 55(1) or (2) to include provision that would achieve a purpose

 

specified in the notice.

 

(7)    

The Rules Committee must make such rules as it considers necessary

 

to achieve the specified purpose.

 

(8)    

Those rules must be—

 

(a)    

made within a reasonable period after the Lord Chancellor

 

gives notice under subsection (6);

 

(b)    

made in accordance with this section.”


 
 

Committee of the whole House Proceedings: 1st March 2005    

323

 

Constitutional Reform Bill[ [], continued

 
 

31      (1)    

Section 58 (sittings of High Court and Court of Appeal) is amended as

 

follows.

 

      (2)    

In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

 

      (3)    

After subsection (3) insert—

 

“(4)    

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).”

 

32      (1)    

Section 60 (taxation of costs) is amended as follows.

 

      (2)    

In subsection (1) for “Lord Chancellor after consultation with the Lord

 

Chief Justice” substitute “Lord Chief Justice”.

 

      (3)    

After subsection (2) insert—

 

“(3)    

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).”

 

33      (1)    

Section 68 (departments of the Supreme Court) is amended as follows.

 

      (2)    

In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief

 

Justice”.

 

      (3)    

In subsection (4) for “Lord Chancellor” substitute “Lord Chief Justice”.

 

      (4)    

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).”

 

34    

In section 71 (tenure of office of statutory officers), in subsection (3) omit “Lord

 

Chancellor’s”.

 

35      (1)    

Section 75 (Official Solicitor) is amended as follows.

 

      (2)    

In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief

 

Justice”.

 

      (3)    

After subsection (2) insert—

 

“(2A)    

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

 

his functions under subsection (2)(b)—

 

(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).”

 

36      (1)    

Section 103 (appointment of justices of the peace) is amended as follows.

 

      (2)    

In subsection (6) after “Lord Chancellor” insert “, after consultation with

 

the Lord Chief Justice,”.

 

      (3)    

In subsection (7) after “Lord Chancellor may direct” insert “, after

 

consultation with the Lord Chief Justice,”.

 

37    

Omit section 104 (Under-sherriffs).


 
 

Committee of the whole House Proceedings: 1st March 2005    

324

 

Constitutional Reform Bill[ [], continued

 
 

38      (1)    

Section 112 (oaths and affidavits) is amended as follows.

 

      (2)    

In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”.

 

      (3)    

After subsection (7) insert—

 

“(8)    

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

 

his functions under subsection (3)—

 

(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).”

 

39    

In section 119 (making and control of subordinate legislation), in subsection (5)

 

omit “on the Lord Chancellor”.

 

40      (1)    

Schedule 6 (transitional provisions) is amended as follows

 

      (2)    

Omit paragraph 6(a).

 

      (3)    

In paragraph 9(b) after “Lord Chancellor” insert “after consultation with

 

the Lord Chief Justice”.

 

      (4)    

After paragraph 9 insert—

 

“9A      

The Lord Chief Justice may nominate any of the following to

 

exercise his functions under paragraph 9—

 

(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)    

Omit paragraphs 11(3), 14 and 17.

 

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

 

41      (1)    

Article 48 (the court) is amended as follows.

 

      (2)    

In paragraph (1)—

 

(a)    

for “by the Lord Chancellor” substitute “in accordance with

 

paragraph (1A)”;

 

(b)    

omit the words after sub-paragraph (b).

 

      (3)    

After paragraph (1) insert—

 

“(1A)  

It is for the Lord Chancellor, with the concurrence of the Lord Chief

 

Justice, to make an order such as in mentioned in paragraph (1)(b).”

 

    (1B)  

The Lord Chief Justice of Northern Ireland may nominate any of

 

the following to exercise his functions under paragraph (1A)—

 

(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).”

 

Reserve and Auxiliary Forces (Protection of Civil Interests) (Northern Ireland) Order

 

1979 (S.I. 1979/291)

 

42      (1)    

Article 7 of the Reserve and Auxiliary Forces (Protection of Civil

 

Interests) (Northern Ireland) Order 1979 (modifications of section 5 of

 

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 in

 

application to Northern Ireland) is amended as follows.

 

      (2)    

After paragraph (1) insert—


 
 

Committee of the whole House Proceedings: 1st March 2005    

325

 

Constitutional Reform Bill[ [], continued

 
 

“(1A)  

In subsection (2) for “Rules may be made in accordance with Part

 

1 of Schedule 1 to the Constitutional Reform Act 2005” substitute

 

“The Lord Chief Justice of Northern Ireland may, with the

 

concurrence of the Lord Chancellor, make rules”.

 

    (1B)  

For subsections (5A) and (5B) substitute—

 

  “(5A)  

The Lord Chancellor must consult the Lord Chief Justice

 

of Northern Ireland before making rules under

 

subsection (1) that relate to Northern Ireland.”.”

 

      (3)    

In paragraph (2), in subsections (6) and (7) substituted for subsection (6)

 

of the 1951 Act, for “this section” substitute “subsection (1)”.

 

      (4)    

After paragraph (2) insert—

 

  “(3)  

At the end of that section 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;

 

(b)    

a Lord Justice of Appeal (as defined in section 88 of

 

that Act).”.”

 

Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))

 

43    

The Administration of Estates (Northern Ireland) Order 1979 is amended as

 

follows.

 

44      (1)    

Article 20 (inheritance tax accounts) is amended as follows.

 

      (2)    

In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

 

      (3)    

After paragraph (2) insert—

 

“(2A)  

The Lord Chief Justice of Northern Ireland may nominate any of

 

the following to exercise his functions under paragraph (2)—

 

(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).”

 

45      (1)    

Article 23 (keeping and inspection of wills and other documents) is

 

amended as follows.

 

      (2)    

In paragraph (1) for “Lord Chancellor” in the second place substitute

 

“Lord Chief Justice”.

 

      (3)    

In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

 

      (4)    

After paragraph (4) insert—

 

“(5)    

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

 

his functions under this Article—

 

(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).”

 

46      (1)    

Article 24 (records of grants) is amended as follows.

 

      (2)    

In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

 

      (3)    

After paragraph (2) insert—


 
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