cwh0103.326-329

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Session 2004 - 05
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Committee of the whole House Proceedings: 1st March 2005
326

Constitutional Reform Bill–[ [], continued

“(3)
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).”

47      (1)
Article 26 (copies of wills etc to be delivered to Inland Revenue

Commissioners).

      (2)
In paragraph (1) for “Lord Chancellor” in each place substitute “Lord

Chief Justice”.

      (3)
After paragraph (1) insert—

“(1A)
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).”

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

48
The County Courts (Northern Ireland) Order 1980 is amended as follows.

49
In Article 2 (interpretation), in paragraph (5) omit “on the Lord Chancellor”.

50
In Article 3 (county courts to be held for divisions), in paragraph (1) after “Lord

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

51
In Article 4 (directions as to holding of courts), for “Lord Chancellor” in each

place substitute “Lord Chief Justice”.

52
In Article 5 (directions for courts to sit otherwise in courthouses), for “Lord

Chancellor” substitute “Lord Chief Justice”.

53      (1)
Article 6 (appointment of days for holding of ordinary sittings) is

amended as follows.

      (2)
In paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”.

      (3)
In paragraph (2) for “Lord Chancellor shall consult the Lord Chief Justice

and” substitute “Lord Chief Justice shall consult”.

54
In Article 7 (additional and extraordinary sittings), in paragraphs (1) and (2) for

“Lord Chancellor” substitute “Lord Chief Justice”.

55
In Article 22 (power to increase civil jurisdiction of county courts) after “Lord

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

56
In Article 46 (as amended by section 73(2) of the Justice (Northern Ireland) Act

2002), in paragraph (1)(a) for “Lord Chancellor” substitute “Lord Chief Justice”.

57
In Article 47 (making of county court rules) for paragraphs (2) and (3)

substitute—

  “(2)
County court rules must be certified under the hand of the members

of the Rule Committee, or any three or more of them.

      (3)
After making and certifying county court rules the Rules

Committee must submit them to the Lord Chancellor.

      (4)
The Lord Chancellor must, after consultation with the Lord Chief

Justice, allow or disallow county court rules submitted to him.

      (5)
County court rules have effect only if the Lord Chancellor allows

them.

Committee of the whole House Proceedings: 1st March 2005
327

Constitutional Reform Bill–[ [], continued

      (6)
If the Lord Chancellor disallows county court rules, the Lord

Chancellor must give the Rules Committee written reasons why he

has disallowed them.

      (7)
County court rules allowed by the Lord Chancellor shall come into

operation on such day as the Lord Chancellor shall direct.

      (8)
Paragraph (9) applies if the Lord Chancellor gives the Rules

Committee written notice that he thinks it is expedient for county

court rules to include provision that would achieve a purpose

specified in the notice.

      (9)
The Rules Committee must make such county court rules as it

considers necessary to achieve the specified purpose.

    (10)
Those rules must be—

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

gives notice under paragraph (8);

(b)
made in accordance with this Article.”

58
In Article 56 (swearing of affidavits before designated court officer), in

subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.

59
In Article 58 (furnishing of information by certain officers), at the end insert “and

furnish to the Lord Chief Justice such information as may be prescribed or

required by the Lord Chief Justice.”

Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)

60      (1)
Article 4 of the Domestic Proceedings (Northern Ireland) Order 1980

(powers of court to make provision for domestic proceedings) is

amended as follows.

      (2)
In paragraph (3) after “may” insert “, after consultation with the Lord

Chief Justice,”.

      (3)
After paragraph (3) insert—

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

his functions under paragraph (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).”

      (4)
In paragraph (4) for the words from the beginning to “under” substitute

“Any order made under”.

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

61
The Magistrates’ Courts (Northern Ireland) Order 1981 is amended as follows.

62      (1)
Article 6A (costs in legal proceedings) is amended as follows.

      (2)
In paragraph (4) after “Lord Chancellor may” insert “, after consultation

with the Lord Chief Justice,”.

      (3)
After paragraph (4) insert—

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

the following to exercise his functions under paragraph (4)—

(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
328

Constitutional Reform Bill–[ [], continued

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

Act).”

63      (1)
Article 11 (petty sessions and petty sessions districts) is amended as

follows.

      (2)
In paragraph (2) after “Lord Chancellor may” insert “, after consultation

with the Lord Chief Justice,”.

      (3)
In paragraph (3) for “Lord Chancellor” in each place substitute “Lord

Chief Justice”.

64
In Article 12 (holding of petty sessions in courthouse), in paragraph (a) for “Lord

Chancellor” substitute “Lord Chief Justice”.

65      (1)
Article 13 (magistrates’ courts rules) is amended as follows.

      (2)
In paragraph (1) omit the words from “or as” to “Article 14”.

      (3)
In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.

      (4)
For paragraph (3) substitute—

  “(3)
It is for the Rules Committee to make such rules as are referred to

in paragraph (1) (which may be known as “magistrates’ courts

rules”).

    (3A)
The Rules Committee may make magistrates’ courts rules only—

(a)
after consultation with the Lord Chancellor, and

(b)
with the agreement of the Lord Chief Justice.

    (3B)
Paragraph (3C) applies if the Lord Chancellor gives the Rules

Committee written notice that he thinks it is expedient for

magistrates’ courts rules to include provision that would achieve a

purpose specified in the notice.

    (3C)
The Rules Committee must make such magistrates’ courts rules as

it considers necessary to achieve the specified purpose.

    (3D)
Those rules must be—

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

gives notice under paragraph (3B);

(b)
made in accordance with this Article.”

      (5)
In paragraph (5), after “member of the committee” insert “as the Lord

Chief Justice shall designate”.

66
Omit Article 14 (recommendations by Rules Committee to Lord Chancellor).

67
In Article 15 (rules under or for the purpose of particular enactments), in

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

68
In Article 37 (discharge or committal for trial), in paragraph (5) omit “Without

prejudice to Article 14,”.

69
In Article 168 (directions), omit “on the Lord Chancellor”.

Pensions Appeal Tribunals (Northern Ireland) Rules 1981 (S.R. 1981/231)

70
The Pensions Tribunals (Northern Ireland) Rules 1981 is amended as follows.

71
In rule 2 (interpretation), in paragraph (1)—

(a)
for the definition of “the Chairman” substitute—

““the Chairman” means the person who is chairman of a Tribunal in

accordance with the Schedule to the Act (including any directions under

paragraph 3A of that Schedule);”;

(b)
in the definition of “the Deputy President” omit “by the Lord

Chief Justice of Northern Ireland”;

Committee of the whole House Proceedings: 1st March 2005
329

Constitutional Reform Bill–[ [], continued

(c)
in the definition of “the President” omit “by the Lord Chief

Justice of Northern Ireland”.

72
In rule 2A (functions of the President), in paragraph (2) after “Lord Chief Justice

of Northern Ireland” insert “after consultation with the Lord Chancellor”.

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

73
The Mental Health (Northern Ireland) Order 1986 is amended as follows.

74      (1)
Article 83 (procedure of tribunal) is amended as follows.

      (2)
In paragraph (1) after “Lord Chancellor may” insert “, after consultation

with the Lord Chief Justice,”.

      (3)
After paragraph (1) insert—

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

his functions under paragraph (1)—

(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).”

75      (1)
Schedule 3 (Mental Health Review Tribunal for Northern Ireland) is

amended as follows.

      (2)
In paragraph 1—

(a)
in sub-paragraph (a) after “suitable” insert “after consultation

with the Lord Chief Justice”;

(b)
In sub-paragraph (b) and (c) omit “after consultation with the

Head of the Department”.

      (3)
After paragraph 1 insert—

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

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

(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).

      (2)
As part of the selection process for an appointment under paragraph

1(b) or (c) the Northern Ireland Judicial Appointments Commission

shall consult the Head of the Department.”

76
In Schedule 6 to the Mental Health (Northern Ireland) Order 1986 (transitional

provisions), omit paragraph 19.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

77
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as

follows.

78
In Article 80A (evidence through live links), in paragraph (6) after “Lord

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

79
In Article 81 (evidence through television links), in paragraph (8) after “Lord

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

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

80
The Insolvency (Northern Ireland) Order 1989 is amended as follows.

81
In Article 359 (insolvency rules), after paragraph (1) insert—