cwh0103.337-343

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
337

Constitutional Reform Bill–[ [], continued

      (3)
In subsection (3) for the words from “such longer period” to the end

substitute “such longer period as the Lord Chief Justice may, after

consulting the Lord Chancellor, allow.”

      (4)
In subsection (4) after “may” insert “, after consultation with the Lord

Chief Justice,”.

      (5)
In subsection (5) after “unless” insert “, after consultation with the Lord

Chief Justice,”.

118
In section 10 (transfer of functions of justices of the peace), in subsection (4) after

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

119
In section 12 (role of the Lord Chief Justice), omit subsections (2) and (3).

120      (1)
In section 24 (removal of Attorney General), in subsection (5) 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”.

121
In section 43 (appointment and removal of Director of Public Prosecutions), in

subsection (6) 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”.

122      (1)
Schedule 1 (listed judicial offices) is amended as follows.

      (2)
After the entry “Member of the legal panel of persons available to act as

chairmen of Social Care Tribunals in Northern Ireland” insert—


“Chairman of an Appeal Tribunal for the purposes of the Adoption

(Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))”

      (3)
For the entry “Member of the legal panel of persons available to act as

chairmen of Social Care Tribunals in Northern Ireland” and the entry

inserted by sub-paragraph (2) above substitute—


“Member of the panel of persons who may serve as chairmen of the

Care Tribunal established by Article 44 of the Health and Personal

Social Services (Quality, Improvements and Regulation) (Northern

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

      (4)
Before the entry “Member of the panel of chairmen of the Fair

Employment Tribunal” insert—


“Member of the panel of chairmen of the Industrial Tribunals”

      (5)
At the end of the Schedule insert—


“Member of the panel of persons who may serve as chairmen of a

tribunal established for the purposes of the Deregulation (Model

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


Chairman of a Tribunal appointed under paragraph 1(1)(a) of

Schedule 3 to the Misuse of Drugs Act 1971 in its application to

Northern Ireland


Member of a Tribunal appointed under paragraph 2(1) of the

Schedule to the Pensions Appeal Tribunals Act 1943 in its

application to Northern Ireland

Committee of the whole House Proceedings: 1st March 2005
338

Constitutional Reform Bill–[ [], continued


President or Deputy President of Pensions Appeal Tribunals

appointed under paragraph 2B of the Schedule to the Pensions

Appeal Tribunals Act 1943 in its application to Northern Ireland


Chairman of the Plant Varieties and Seeds Tribunal for the purpose

of proceedings brought before it in Northern Ireland


Member of the panel of persons to act as chairmen of Reinstatement

Committees sitting in Northern Ireland (appointed under paragraph

2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of

Employment) Act 1985)


Member of the panel of persons appointed under section 6(1) of the

Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that

sit in Northern Ireland


Member of the panel of chairmen of VAT tribunals for Northern

Ireland


General Commissioner for a division in Northern Ireland

(appointed under section 2 of the Taxes Management Act 1970)”

123      (1)
Schedule 3 (appointment to listed judicial offices) is amended as follows.

      (2)
In paragraph 25, for sub-paragraph (3) substitute—

  “(3)
In paragraph (2), for “Lord Chancellor” substitute “First Minister

and deputy First Minister, acting jointly.”

      (3)
In paragraph 30 for the words from the beginning to “effect” substitute

“The Fair Employment Tribunal (Rules of Procedure) Regulations

(Northern Ireland) 2004 (S.R. 2004 No 164) have effect”.

      (4)
In paragraph 31 for “regulation 2(2)” substitute “regulation 2(1)”.

      (5)
In paragraph 32 for “regulation 4(1)” substitute “regulation 4(6)”.

      (6)
Omit paragraph 33.

124      (1)
Schedule 4 (functions of justices of the peace) is amended as follows.

      (2)
In paragraph 4 (amendment of Schedule by order), after “Lord

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

      (3)
In paragraph 5 (consequential amendments by order) after “Lord

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

      (4)
After paragraph 5 insert—

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

exercise his functions under paragraph 4 or 5—

(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).”

125
Omit Schedule 5 (transfer of functions to Lord Chief Justice).

126      (1)
Schedule 6 (office-holders required to take judicial oath) is amended as

follows.

      (2)
After the entry “Member of the legal panel of persons available to act as

chairmen of Social Care Tribunals in Northern Ireland” insert—


“Chairman of an Appeal Tribunal for the purposes of the Adoption

(Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))”

      (3)
For the entry “Member of the legal panel of persons available to act as

chairmen of Social Care Tribunals in Northern Ireland” and the entry

inserted by sub-paragraph (2) above substitute—

Committee of the whole House Proceedings: 1st March 2005
339

Constitutional Reform Bill–[ [], continued


“Member of the panel of persons who may serve as chairmen of the

Care Tribunal established by Article 44 of the Health and Personal

Social Services (Quality, Improvements and Regulation) (Northern

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

      (4)
Before the entry “Member of the panel of chairmen of the Fair

Employment Tribunal” insert—


“Member of the panel of chairmen of the Industrial Tribunals”

      (5)
At the end of the Schedule insert—


“Member of the panel of persons who may serve as chairmen of a

tribunal established for the purposes of the Deregulation (Model

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


Chairman of a Tribunal appointed under paragraph 1(1)(a) of

Schedule 3 to the Misuse of Drugs Act 1971 in its application to

Northern Ireland


Member of a Tribunal appointed under paragraph 2(1) of the

Schedule to the Pensions Appeal Tribunals Act 1943 in its

application to Northern Ireland


President or Deputy President of Pensions Appeal Tribunals

appointed under paragraph 2B of the Schedule to the Pensions

Appeal Tribunals Act 1943 in its application to Northern Ireland


Chairman of the Plant Varieties and Seeds Tribunal for the purpose

of proceedings brought before it in Northern Ireland


Member of the panel of persons to act as chairmen of Reinstatement

Committees sitting in Northern Ireland (appointed under paragraph

2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of

Employment) Act 1985)


Member of the panel of persons appointed under section 6(1) of the

Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that

sit in Northern Ireland


Member of the panel of chairmen of VAT tribunals for Northern

Ireland


General Commissioner for a division in Northern Ireland

(appointed under section 2 of the Taxes Management Act 1970)”

127
In Schedule 12 (minor and consequential amendments), after paragraph 81

insert—

“Constitutional Reform Act 2005

82
Omit sections 105 to 108 of the Constitutional Reform Act 2005

(judicial discipline: Northern Ireland).”

128      (1)
Schedule 13 (repeals and revocations) is amended as follows.

      (2)
Omit—

(a)
the entry relating to the County Courts (Northern Ireland) Order

1980 (1980/397 (N.I. 3));

(b)
the entry relating to Article 168 of the Magistrates’ Courts

(Northern Ireland) Order 1981.

Committee of the whole House Proceedings: 1st March 2005
340

Constitutional Reform Bill–[ [], continued

      (3)
After the entries relating to the Justice (Northern Ireland) Act 2002

insert—

“Constitutional Reform Act 2005
Sections 105 to 108.”

Health and Personal Social Services (Quality, Improvements and Regulation) (Northern

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

129      (1)
In Schedule 2 to the Health and Personal Social Services (Quality,

Improvements and Regulation) (Northern Ireland) Order 2003 (the Care

Tribunal), paragraph (1) (composition of Care Tribunal) is amended as

follows.

      (2)
For sub-paragraph (2)(a) substitute—

“(a)
a chairman nominated from the chairmen’s panel by the

Lord Chief Justice after consultation with the First Minister

and deputy First Minister; and”.

      (3)
After sub-paragraph (2) insert—

“(2A)
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).”

      (4)
In paragraph (3) (tenure of office), omit sub-paragraph (3).

Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern

Ireland) 2004 (S.R. 2004/165)

130      (1)
Regulation 5 of the Industrial Tribunals (Constitution and Rules of

Procedure) Regulations (Northern Ireland) 2004 (panels of chairmen and

members of tribunals) is amended as follows.

      (2)
In paragraph (1)(a), for “the Department” substitute “the Lord

Chancellor”.

      (3)
In paragraph (2), for “to the Department” substitute “to the Lord

Chancellor, in the case of a member of the panel of chairmen, or to the

Department, in any other case,”.

Part 2

Amendments relating to enactments repealed or amended

otherwise than by this Act

Introduction

131      (1)
This Part of this Schedule contains amendments of or relating to

enactments that have already been amended or repealed by provisions of

other Acts.

      (2)
In each case the amending or repealing provision is specified, in relation

to the enactment referred to, as the “original amending provision”.

      (3)
An amendment contained in any provision of this Part of this Schedule

has effect only until the original amending provision comes fully into

force in relation to the enactment referred to in that provision of this Part

of this Schedule.

Committee of the whole House Proceedings: 1st March 2005
341

Constitutional Reform Bill–[ [], continued

Children and Young Persons Act (Northern Ireland) 1968 (c.34 (N.I.))

132      (1)
Schedule 2 to the Children and Young Persons Act (Northern Ireland)

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

      (2)
In paragraph 1 (juvenile court panels)—

(a)
in sub-paragraph (3) for “Lord Chancellor” in each place

substitute “Lord Chief Justice”;

(b)
after sub-paragraph (3) insert—

“(3A)
The Lord Chief Justice may approve a course of training, or

allow a longer period for completion of a course, only after

consultation with the Lord Chancellor.”

      (3)
In relation to the enactment referred to in this paragraph, the original

amending provision is section 86 of, and Schedule 13 to, the Justice

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

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

133      (1)
Article 27 of the Administration of Estates (Northern Ireland) Order 1979

(depositories of wills of living persons) is amended as follows.

      (2)
That Article becomes paragraph (1) of Article 27.

      (3)
In that paragraph, for “the directions of the Lord Chancellor” substitute

“directions given by the Lord Chief Justice with the concurrence of the

Lord Chancellor”.

      (4)
After that paragraph insert—

“(2)
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).”

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

amending provision is section 75 of, and Part 2 of Schedule 9 to, the

Administration of Justice Act 1982 (c. 53).

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 14))

134      (1)
Article 46 of the County Courts (Northern Ireland) Order 1980 (county

court rules committee) is amended as follows.

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

      (3)
After paragraph (1) insert—

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

making an appointment under paragraph (1)(b), (c), (e) or (f).”

      (4)
In relation to the enactment referred to in this paragraph, the original

amending provision is section 73(2) of the Justice (Northern Ireland) Act

2002 (c. 26).’.

Committee of the whole House Proceedings: 1st March 2005
342

Constitutional Reform Bill–[ [], continued

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  327

Clause  22,  page  10,  line  3,  leave out subsection (1).

Mr Christopher Leslie

Agreed to  647

Clause  22,  page  10,  line  9,  leave out ‘Supreme Court’ and insert ‘Senior Courts’.

Mr Christopher Leslie

Agreed to  648

Clause  22,  page  10,  line  14,  leave out ‘Supreme’.

Clause, as amended, Agreed to.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  328

Clause  23,  page  10,  line  16,  leave out from ‘appointment’ to end of line 20 and

insert ‘as a Lord of Appeal in Ordinary’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  329

Clause  23,  page  10,  line  26,  leave out subsection (4 ).

Mr Christopher Leslie

Agreed to  57

Clause  23,  page  10,  line  30,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  341

Schedule  7,  page  156,  line  7,  leave out ‘President of the Supreme Court’ and insert

‘senior Lord of Appeal in Ordinary’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  342

Schedule  7,  page  156,  line  8,  leave out ‘Deputy President of the Supreme Court’

and insert ‘second senior Lord of Appeal in Ordinary’.

Committee of the whole House Proceedings: 1st March 2005
343

Constitutional Reform Bill–[ [], continued

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  343

Schedule  7,  page  156,  line  13,  leave out from beginning to end of line 43 on page

158.

Mr Christopher Leslie

Agreed to  58

Schedule  7,  page  158,  line  32,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  59

Schedule  7,  page  158,  line  35,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  60

Schedule  7,  page  158,  line  39,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  61

Schedule  7,  page  158,  line  42,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  62

Schedule  7,  page  159,  line  4,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  63

Schedule  7,  page  159,  line  8,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  64

Schedule  7,  page  159,  line  11,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  65

Schedule  7,  page  159,  line  12,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  344

Schedule  7,  page  159,  line  24,  leave out from first ‘the’ to end of line 31 and insert

‘senior Lord of Appeal in Ordinary’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  345

Schedule  7,  page  159,  line  33,  leave out paragraph 8.