cwh0103.330-336

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
330

Constitutional Reform Bill–[ [], continued

“(1A)
Rules that affect court procedure may be made under paragraph (1)

only with the concurrence of the Lord Chief Justice.

(1B)
The Lord Chief Justice 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 (c. 26);

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

Act).”

82      (1)
Article 360 (committee to review insolvency rules) is amended as

follows.

      (2)
In paragraph (1) for “continue to be a committee appointed by the Lord

Chancellor” substitute “be a committee appointed by the Lord Chief

Justice”.

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

Justice”.

      (4)
After paragraph (2) insert—

“(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).”

83      (1)
Article 364 (insolvent partnerships) is amended as follows.

      (2)
In paragraph (1) after “concurrence of” insert “the Lord Chief Justice

and”.

      (3)
After paragraph (1) insert—

“(1ZA)
The Lord Chief Justice of Northern Ireland 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;

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

Act).”

84      (1)
Article 365 (insolvent estates of deceased persons) is amended as

follows.

      (2)
In paragraph (1) after “concurrence of” insert “the Lord Chief Justice

and”.

      (3)
After paragraph (1) insert—

“(1ZA)
The Lord Chief Justice of Northern Ireland 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;

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

Act).”

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

85
The Child Support (Northern Ireland) Order 1991 is amended as follows.

86      (1)
Article 10 of (role of the courts with respect to maintenance for children)

is amended as follows.

Committee of the whole House Proceedings: 1st March 2005
331

Constitutional Reform Bill–[ [], continued

      (2)
In paragraph (5), after “Lord Chancellor may” insert “, with the

concurrence of the Lord Chief Justice,”.

      (3)
After paragraph (5) insert—

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

his functions under paragraph (5)—

(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).”

87      (1)
Article 42 (jurisdiction of courts in certain proceedings under this Order)

is amended as follows.

      (2)
In paragraphs (1) and (3) after “Lord Chancellor may” insert “, after

consultation with the Lord Chief Justice,”.

      (3)
In paragraph (4) after “Lord Chancellor considers appropriate” insert “,

after consultation with the Lord Chief Justice,”.

      (4)
After paragraph (4) insert—

  “(5)
The Lord Chief Justice of Northern Ireland 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;

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

Act).”

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

88      (1)
In the Registered Homes (Northern Ireland) Order 1992, Article 30

(constitution of panels for chairmen and members of Social Care

Tribunals) is amended as follows.

      (2)
In paragraph (3) after “suitable” 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).”

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1575 (N.I. 6))

89
The Family Law (Northern Ireland) Order 1993 is amended as follows.

90      (1)
Article 12 (family proceedings rules) is amended as follows.

      (2)
In paragraph (1) for the words from “which” to “court” substitute “which

may make rules of court in accordance with Article 12A”.

      (3)
In paragraph (3) for “rules of court made under this Article” substitute

“family proceedings rules”.

      (4)
In paragraph (4) for “Rules of court made under this Article” substitute

“Family proceedings rules”.

      (5)
In paragraph (5)—

(a)
after “this Article” insert “and Article 12A”;

(b)
at the end insert—

Committee of the whole House Proceedings: 1st March 2005
332

Constitutional Reform Bill–[ [], continued

“family proceedings rules” means rules of court made

under this Article.”

91
After Article 12 insert—

“12A
Making of family proceedings rules

(1)
After making family proceedings rules the Committee must submit

them to the Lord Chancellor.

(2)
The Lord Chancellor may allow or disallow family proceedings rules

submitted to him.

(3)
Family proceedings rules have effect only if allowed by the Lord

Chancellor.

(4)
If the Lord Chancellor disallows family proceedings rules, the Lord

Chancellor must give the Committee written reasons why he has

disallowed them.

(5)
Paragraph (6) applies if the Lord Chancellor gives the Committee

written notice that he thinks it is expedient for family proceedings

rules to include provision that would achieve a purpose specified in the

notice.

(6)
The Committee must make such family proceedings rules as it

considers necessary to achieve the specified purpose.

(7)
Those rules must be—

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

gives notice under paragraph (5);

(b)
made in accordance with this Article.”

92      (1)
In Schedule 2 (Northern Ireland Family Proceedings Rules Committee),

paragraph 2 is amended as follows.

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

      (3)
In that sub-paragraph—

(a)
in sub-paragraph (c) for “Lord Chancellor after consultation with

the Lord Chief Justice” substitute “Lord Chief Justice”;

(b)
in sub-paragraph (f) for “Lord Chancellor” substitute “Lord

Chief Justice”.

      (4)
After that sub-paragraph insert—

  “(2)
The Lord Chief Justice 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).”

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

93
The Children (Northern Ireland) Order 1995 is amended as follows.

94
In Article 4 (reports on child’s welfare), in paragraph (2) after “Lord Chancellor

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

95
In Article 60 (representation of child and his interests in certain proceedings), in

paragraph (8) for “Lord Chancellor” substitute “Lord Chief Justice”.

96
In Article 166 (appeals), in paragraph (14) after “Lord Chancellor may” insert “,

after consultation with the Lord Chief Justice,”.

Committee of the whole House Proceedings: 1st March 2005
333

Constitutional Reform Bill–[ [], continued

97
In Article 169 (evidence given by, or with respect to, children), in paragraph (5)

after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief

Justice,”.

98
In Article 170 (privacy for children involved in certain proceedings), in paragraph

(5) after “requires it” insert “and if the Lord Chief Justice agrees”.

99
After Article 181 insert—

“181A
  Delegation of functions by Lord Chief Justice

(1)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise a delegable function—

(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).”

(2)
In paragraph (1) “delegable function” means a function under any of

these provisions of this Order—

(a)
Article 4(2);

(b)
Article 166(14);

(c)
Article 169(5);

(d)
Article 170(5);

(e)
in Schedule 1, paragraph 6(2);

(f)
in Schedule 7—

(i)
paragraph 1(1), (2) and (4);

(ii)
paragraph 2(1) and (5);

(iii)
paragraph 3;

(iv)
paragraph 4(4), (6)(a) and (7).

100
In paragraph 6 of Schedule 1 (financial provision for children: provisions relating

to lump sums), in sub-paragraph (2) after “Lord Chancellor may” insert “, after

consultation with the Lord Chief Justice,”.

101      (1)
Schedule 7 (commencement of proceedings) is amended as follows.

      (2)
In paragraph 1 (commencement of certain proceedings in particular

court), in sub-paragraphs (1), (2) and (4) after “Lord Chancellor may”

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

      (3)
In paragraph 2 (transfer of proceedings)—

(a)
in sub-paragraph (1) after “Lord Chancellor may” insert “, after

consultation with the Lord Chief Justice,”;

(b)
in sub-paragraph (5) after “Lord Chancellor thinks appropriate”

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

      (4)
In paragraph 3 (emergency protection orders), after “Lord Chancellor

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

      (5)
In paragraph 4 (general)—

(a)
in sub-paragraph (4) after “Lord Chancellor may” insert “, after

consultation with the Lord Chief Justice”;

(b)
in sub-paragraph (6)(a) after “Lord Chancellor considers

expedient” insert “, after consultation with the Lord Chief

Justice”;

(c)
in sub-paragraph (7) after “Lord Chancellor by order otherwise

provides” insert “, after consultation with the Lord Chief

Justice”.

Committee of the whole House Proceedings: 1st March 2005
334

Constitutional Reform Bill–[ [], continued

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

102      (1)
In the Education (Northern Ireland) Order 1996, Article 22 (constitution

of Special Educational Needs Tribunal for Northern Ireland) is amended

as follows.

      (2)
In paragraph (3)(a) after “suitable” 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).”

Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269

103      (1)
The Deregulation (Model Appeal Provisions) Order (Northern Ireland)

1997 is amended as follows.

      (2)
In the Schedule, in rule 6 (appointment of tribunal)—

(a)
in paragraph (3)(a) omit “but”;

(b)
omit paragraph (3)(b).

Northern Ireland Act 1998 (c. 47)

104
The Northern Ireland Act 1998 is amended as follows.

105
In section 90 (effect of certificates), in subsection (2) for “made by the Lord

Chancellor” substitute “made under section 91”.

106      (1)
Section 91 (the National Security Certificates Tribunal) is amended as

follows.

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

with the Lord Chief Justice of Northern Ireland,”.

      (3)
After subsection (2) insert—

“(2A)
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).”

107      (1)
Section 92 (appeals from the Tribunal) is amended as follows.

      (2)
In subsection (3) after “Lord Chancellor may” insert “, after consultation

with the Lord Chief Justice of Northern Ireland,”.

      (3)
After subsection (3) insert—

“(3A)
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).”

Committee of the whole House Proceedings: 1st March 2005
335

Constitutional Reform Bill–[ [], continued

108      (1)
In Schedule 11 (tribunal established under section 91 of the Act),

paragraph 5 (times and places of sittings in accordance with directions)

is amended as follows.

      (2)
That paragraph becomes sub-paragraph (1) of paragraph 5.

      (3)
In that sub-paragraph, for “Lord Chancellor” substitute “Lord Chief

Justice”.

      (4)
After that sub-paragraph insert—

  “(2)
The Lord Chief Justice 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).”

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071

(N.I. 6))

109
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 is

amended as follows.

110      (1)
Article 34 (jurisdiction of courts and procedure) is amended as follows.

      (2)
In paragraphs (3), (4) and (5) after “Lord Chancellor may” insert “, after

consultation with the Lord Chief Justice,”.

      (3)
In paragraph (7) after “Lord Chancellor thinks appropriate” insert “, after

consultation with the Lord Chief Justice,”.

      (4)
In paragraph (9) after “Lord Chancellor” insert “, after consultation with

the Lord Chief Justice,”.

      (5)
After paragraph (9) insert—

“(9A)
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).”

111      (1)
Article 39 (appeals) is amended as follows.

      (2)
In paragraph (4) after “Lord Chancellor” in each place insert “, after

consultation with the Lord Chief Justice,”.

      (3)
In paragraph (11) after “Lord Chancellor may” insert “, after consultation

with the Lord Chief Justice,”.

      (4)
After paragraph (11) insert—

“(11A)
The Lord Chief Justice of Northern Ireland may nominate any of

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

(11)—

(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).”

Committee of the whole House Proceedings: 1st March 2005
336

Constitutional Reform Bill–[ [], continued

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

112
In Article 27 of the Criminal Justice (Children) (Northern Ireland) Order 1998

(youth courts), in paragraph (3) for “Lord Chancellor” substitute “Lord Chief

Justice”.

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

113      (1)
In the Social Security (Northern Ireland) Order 1998, Article 7

(qualifications for membership of appeal panels) is amended as follows.

      (2)
In paragraph (2) for the words from “such” to the end substitute “persons

appointed by the Lord Chancellor”.

      (3)
In paragraph (3) at the end insert “; and such concurrence may be given

only after consultation with the Lord Chief Justice”.

      (4)
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).”

(3B)
As part of the selection process for the appointment of a medical

practitioner as a member of the panel, the Northern Ireland Judicial

Appointments Commission shall consult the Chief Medical Officer of

the Department.”

Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))

114
In Article 12 of the Criminal Evidence (Northern Ireland) Order 1999 (evidence

by live link), in paragraph (5) after “Lord Chancellor” insert “, after consultation

with the Lord Chief Justice,”.

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

115      (1)
The Justice (Northern Ireland) Act 2002 is amended as follows.

      (2)
Where the amendment to section 8(7), 24(5) or 43(6) of that Act made by

this Schedule comes into force before section 20 of this Act, the reference

in that section (as amended by this Schedule) to the President of the

Supreme Court has effect, until section 20 comes into force, as a

reference to the senior Lord of Appeal in Ordinary.

116
In section 8 (tribunals for considering removal), in subsection (7) after “Lord

Chancellor” insert “after consultation with all of the following—

(a)
the President of the Supreme Court;

(b)
the Lord Chief Justice of England and Wales;

(c)
the Lord President of the Court of Session;

(d)
the Lord Chief Justice of Northern Ireland (unless the tribunal

is to consider his removal)”.

117      (1)
Section 9 (appointment of lay magistrates) is amended as follows.

      (2)
In paragraph (a) of subsection (2) for the words from “approved by” to

the end of the paragraph substitute “approved by the Lord Chief Justice

after consultation with the Lord Chancellor, or”.