|
| |
|
(iv) | any member of the Asylum and Immigration Tribunal. |
| |
48 | Consequential and other amendments, and transitional provisions |
| |
(1) | Schedule 8, which makes— |
| |
amendments consequential on provisions of this Part, and |
| |
other amendments in connection with tribunals and inquiries, |
| 5 |
| |
(2) | Schedule 9, which contains transitional provisions, has effect. |
| |
49 | Orders and regulations under Part 1: supplemental and procedural provisions |
| |
| |
(a) | of the Lord Chancellor to make an order, or regulations, under this Part, |
| 10 |
(b) | of the Senior President of Tribunals to make an order under section |
| |
| |
(c) | of the Scottish Ministers, or the Welsh Ministers, to make an order |
| |
under paragraph 25(2) of Schedule 7, |
| |
| is exercisable by statutory instrument. |
| 15 |
(2) | The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power |
| |
to make orders conferred on the Senior President of Tribunals by section 7(9) |
| |
as if the Senior President of Tribunals were a Minister of the Crown. |
| |
(3) | Any power mentioned in subsection (1) includes power to make different |
| |
provision for different purposes. |
| 20 |
(4) | Without prejudice to the generality of subsection (3), power to make an order |
| |
under section 30 or 31 includes power to make different provision in relation |
| |
to England, Scotland, Wales and Northern Ireland respectively. |
| |
(5) | No order mentioned in subsection (6) is to be made unless a draft of the |
| |
statutory instrument containing it (whether alone or with other provision) has |
| 25 |
been laid before, and approved by a resolution of, each House of Parliament. |
| |
| |
| |
| |
(b) | an order under paragraph 15 of Schedule 4; |
| 30 |
(c) | an order under section 42(1)(a) to (d) that provides for fees to be |
| |
payable in respect of things for which fees have never been payable; |
| |
(d) | an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule |
| |
5, that contains provision taking the form of an amendment or repeal of |
| |
an enactment comprised in an Act. |
| 35 |
(7) | A statutory instrument that— |
| |
| |
(i) | an order mentioned in subsection (8), or |
| |
(ii) | regulations under Part 3 of Schedule 9, and |
| |
(b) | is not subject to any requirement that a draft of the instrument be laid |
| 40 |
before, and approved by a resolution of, each House of Parliament, |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| |
| |
|
| |
|
| |
|
| |
(a) | an order made by the Lord Chancellor under this Part; |
| |
(b) | an order made by the Senior President of Tribunals under section 7(9). |
| |
(9) | A statutory instrument that contains an order made by the Scottish Ministers |
| |
under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a |
| 5 |
resolution of the Scottish Parliament. |
| |
(10) | A statutory instrument that contains an order made by the Welsh Ministers |
| |
under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a |
| |
resolution of the National Assembly for Wales. |
| |
| 10 |
| |
50 | Judicial appointments: “judicial-appointment eligibility condition” |
| |
(1) | Subsection (2) applies for the purposes of any statutory provision that— |
| |
(a) | relates to an office or other position, and |
| |
(b) | refers to a person who satisfies the judicial-appointment eligibility |
| 15 |
condition on an N-year basis (where N is the number stated in the |
| |
| |
(2) | A person satisfies that condition on an N-year basis if— |
| |
(a) | the person has a relevant qualification, and |
| |
(b) | the total length of the person’s qualifying periods is at least N years. |
| 20 |
(3) | In subsection (2) “qualifying period”, in relation to a person, means a period |
| |
| |
(a) | has a relevant qualification, and |
| |
(b) | gains experience in law (see section 52). |
| |
(4) | For the purposes of subsections (2) and (3), a person has a relevant qualification |
| 25 |
| |
(a) | is a solicitor or a barrister (but see section 51), or |
| |
(b) | holds a qualification that under section 51(1) is a relevant qualification |
| |
in relation to the office, or other position, concerned. |
| |
| 30 |
“barrister” means barrister in England and Wales; |
| |
“solicitor” means solicitor of the Senior Courts of England and Wales; |
| |
“statutory provision” means— |
| |
(a) | a provision of an Act, or |
| |
(b) | a provision of subordinate legislation (within the meaning |
| 35 |
given by section 21(1) of the Interpretation Act 1978 (c. 30)). |
| |
(6) | Schedule 10, which makes amendments— |
| |
for the purpose of substituting references to satisfying the judicial- |
| |
appointment eligibility condition in place of references to having a |
| |
qualification mentioned in section 71 of the Courts and Legal Services |
| 40 |
| |
|
| |
|
| |
|
for the purpose of reducing qualifying periods for eligibility for |
| |
appointment to certain judicial offices from ten and seven years to |
| |
seven and five years respectively, and |
| |
| |
| 5 |
(7) | At any time before the coming into force of section 59(1) of the Constitutional |
| |
Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior |
| |
Courts in subsection (5) is to be read as a reference to the Supreme Court. |
| |
51 | “Relevant qualification” in section 50: further provision |
| |
(1) | The Lord Chancellor may by order provide for a qualification specified in the |
| 10 |
order to be a relevant qualification for the purposes of section 50(2) and (3) in |
| |
relation to an office or other position specified in the order. |
| |
(2) | A qualification may be specified under subsection (1) only if it is one |
| |
| |
(a) | by the Institute of Legal Executives, or |
| 15 |
(b) | by a body other than the Institute of Legal Executives that, when the |
| |
qualification is specified, is designated by Order in Council as an |
| |
authorised body for the purposes of section 27 or 28 of the Courts and |
| |
Legal Services Act 1990 (c. 41) (bodies authorised to confer rights of |
| |
audience or rights to conduct litigation). |
| 20 |
(3) | An order under subsection (1) may, in relation to a qualification specified in the |
| |
order, include provision as to when a person who holds the qualification is, for |
| |
the purposes of section 50, to be taken first to have held it. |
| |
| |
(a) | a qualification is specified under subsection (1), |
| 25 |
(b) | the qualification is one awarded by a body such as is mentioned in |
| |
| |
(c) | after the qualification is specified under subsection (1), it becomes the |
| |
| |
(i) | is not designated for the purposes of section 27 of the Courts |
| 30 |
and Legal Services Act 1990, and |
| |
(ii) | is not designated for the purposes of section 28 of that Act, |
| |
| the provision under subsection (1) specifying the qualification ceases to have |
| |
effect, subject to any provision made under paragraph 33(1) of Schedule 4 to |
| |
that Act (transitional and incidental provision in connection with revocation of |
| 35 |
authorised body’s designation). |
| |
(5) | For the purposes of section 50 and this section, a person shall be taken first to |
| |
become a solicitor when the person’s name is entered on the roll kept under |
| |
section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all |
| |
solicitors) for the first time after the person’s admission as a solicitor. |
| 40 |
(6) | For the purposes of section 50 and this section, a person shall be taken first to |
| |
| |
(a) | when the person completes pupillage in connection with becoming a |
| |
| |
(b) | in the case of a person not required to undertake pupillage in |
| 45 |
connection with becoming a barrister, when the person is called to the |
| |
Bar of England and Wales. |
| |
|
| |
|
| |
|
(7) | For the purposes of section 50— |
| |
| |
| |
(c) | a person who holds a qualification specified under subsection (1), |
| |
| shall be taken not to have a relevant qualification at times when, as a result of |
| 5 |
disciplinary proceedings, he is prevented from practising as a barrister or (as |
| |
the case may be) as a solicitor or as a holder of the specified qualification. |
| |
(8) | The Lord Chancellor may by order make provision supplementing or |
| |
amending subsections (5) to (7). |
| |
(9) | Before making an order under subsection (1) or (8), the Lord Chancellor must |
| 10 |
| |
(a) | the Lord Chief Justice of England and Wales, and |
| |
(b) | the Judicial Appointments Commission. |
| |
(10) | The Lord Chief Justice of England and Wales may nominate a judicial office |
| |
holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) |
| 15 |
to exercise his function under subsection (9)(a). |
| |
| |
“barrister” means barrister in England and Wales; |
| |
“solicitor” means solicitor of the Senior Courts of England and Wales. |
| |
(12) | Power to make an order under this section is exercisable by statutory |
| 20 |
| |
(13) | An order under this section may make different provision for different |
| |
| |
(14) | No order may be made under this section unless a draft of the statutory |
| |
instrument containing it (whether alone or with other provision) has been laid |
| 25 |
before, and approved by a resolution of, each House of Parliament. |
| |
(15) | At any time before the coming into force of section 59(1) of the Constitutional |
| |
Reform Act 2005 (renaming of Supreme Court), the reference to the Senior |
| |
Courts in subsection (11) is to be read as a reference to the Supreme Court. |
| |
52 | Meaning of “gain experience in law” in section 50 |
| 30 |
(1) | This section applies for the purposes of section 50. |
| |
(2) | A person gains experience in law during a period if the period is one during |
| |
which the person is engaged in law-related activities. |
| |
(3) | For the purposes of subsection (2), a person’s engagement in law-related |
| |
activities during a period is to be disregarded if the engagement is negligible |
| 35 |
in terms of the amount of time engaged. |
| |
(4) | For the purposes of this section, each of the following is a “law-related |
| |
| |
(a) | the carrying-out of judicial functions of any court or tribunal; |
| |
(b) | acting as an arbitrator; |
| 40 |
(c) | practice or employment as a lawyer; |
| |
(d) | advising (whether or not in the course of practice or employment as a |
| |
lawyer) on the application of the law; |
| |
|
| |
|
| |
|
(e) | assisting (whether or not in the course of such practice) persons |
| |
involved in proceedings for the resolution of issues arising under the |
| |
| |
(f) | acting (whether or not in the course of such practice) as mediator in |
| |
connection with attempts to resolve issues that are, or if not resolved |
| 5 |
could be, the subject of proceedings; |
| |
(g) | drafting (whether or not in the course of such practice) documents |
| |
intended to affect persons’ rights or obligations; |
| |
(h) | teaching or researching law; |
| |
(i) | any activity that, in the relevant decision-maker’s opinion, is of a |
| 10 |
broadly similar nature to an activity within any of paragraphs (a) to (h). |
| |
(5) | For the purposes of this section, an activity mentioned in subsection (4) is a |
| |
“law-related activity” whether it— |
| |
(a) | is done on a full-time or part-time basis; |
| |
(b) | is or is not done for remuneration; |
| 15 |
(c) | is done in the United Kingdom or elsewhere. |
| |
(6) | In subsection (4)(i) “the relevant decision-maker”, in relation to determining |
| |
whether a person satisfies the judicial-appointment eligibility condition on an |
| |
N-year basis in a particular case, means— |
| |
(a) | where the condition applies in respect of appointment by Her Majesty |
| 20 |
to an office or other position, the person whose function it is to |
| |
recommend the exercise of Her Majesty’s function of making |
| |
appointments to that office or position; |
| |
(b) | where the condition applies in respect of appointment, by any person |
| |
other than Her Majesty, to an office or other position, that person. |
| 25 |
(7) | In subsection (6) “appointment”, in relation to an office or position, includes |
| |
any form of selection for that office or position (whether called appointment or |
| |
| |
53 | Appointment of deputy district judges, etc. |
| |
Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54) |
| 30 |
and the County Courts Act 1984 (c. 28) in connection with the appointment and |
| |
assignment of deputy district judges and the assignment of district judges) has |
| |
| |
54 | Deputy, and temporary additional, Masters etc. |
| |
(1) | Section 91 of the Supreme Court Act 1981 (which provides for persons to be |
| 35 |
appointed as deputies for holders of, or as temporary additional officers in, |
| |
certain judicial offices) is amended as set out in subsections (2) and (3). |
| |
(2) | In subsection (1), for “a person” substitute “a holder of relevant office”. |
| |
(3) | After subsection (1) insert— |
| |
“(1ZA) | If it appears to the Lord Chancellor that it is expedient to do so in order |
| 40 |
to facilitate the disposal of business in the Senior Courts, he may |
| |
appoint a person who is not a holder of relevant office— |
| |
(a) | to act as a deputy for any person holding an office listed in |
| |
column 1 of Part 2 of Schedule 2; or |
| |
(b) | to act as a temporary additional officer in any such office, |
| 45 |
|
| |
|
| |
|
| during such period or on such occasions as the Lord Chancellor thinks |
| |
| |
(1ZB) | In subsections (1) and (1ZA), a “holder of relevant office” means a |
| |
| |
(a) | who holds, or has held, any office listed in column 1 of Part 2 or |
| 5 |
| |
(b) | who holds, or has held, the office of district judge.” |
| |
(4) | In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists |
| |
appointments to certain offices in relation to which the procedure in sections |
| |
86 to 93, and section 96, of that Act applies), after the entry relating to an |
| 10 |
arbitrator appointed under paragraph 12(3) of Schedule 2 to the British |
| |
Telecommunications Act 1981, insert the following entry— |
| |
| | Section 91(1ZA) of the Supreme |
| | | | Lord Chancellor as a deputy |
| | | | | | | | 15 | | temporary additional officer |
| | | | | in, an office listed in column 1 |
| | | | | of Part 2 of Schedule 2 to the |
| | | | | | | | |
|
(5) | In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (which |
| 20 |
specifies the “relevant offices” for the purposes of section 26(1) of that Act, |
| |
being offices that the holder must vacate on reaching the age of 70), at the end |
| |
of the entry for each office listed below, add “, or appointed under subsection |
| |
| |
Deputy or temporary Master, Queen’s Bench Division; |
| 25 |
Deputy or temporary Admiralty Registrar; |
| |
Deputy or temporary Master, Chancery Division; |
| |
Deputy or temporary Registrar in Bankruptcy of the High Court; |
| |
Deputy or temporary Taxing Master of the Senior Courts; |
| |
Deputy or temporary district judge of the principal registry of the Family |
| 30 |
| |
Deputy or temporary Master of the Court of Protection. |
| |
(6) | At any time before the coming into force of section 59(1) of the Constitutional |
| |
Reform Act 2005, the following references to the Senior Courts are to be read |
| |
as references to the Supreme Court— |
| 35 |
(a) | the reference in section 91(1ZA) of the Supreme Court Act 1981 |
| |
(inserted by subsection (3) above); and |
| |
(b) | the reference in subsection (5). |
| |
55 | Members and chairmen of certain Appeals Commissions |
| |
In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (which lists |
| 40 |
appointments to certain offices in relation to which the procedure in sections |
| |
86 to 93, and section 96, of that Act applies), omit the entries relating to— |
| |
Member of the Special Immigration Appeals Commission (appointed |
| |
under paragraph 1(1) of Schedule 1 to the Special Immigration Appeals |
| |
Commission Act 1997 (c. 68)); |
| 45 |
|
| |
|
| |
|
Chairman of the Special Immigration Appeals Commission (appointed |
| |
under paragraph 2 of that Schedule); |
| |
Member of the Proscribed Organisations Appeal Commission (appointed |
| |
under paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11)); |
| |
Chairman of the Proscribed Organisations Appeal Commission |
| 5 |
(appointed under paragraph 1(2) of that Schedule); |
| |
Member of the Pathogens Access Appeal Commission (appointed under |
| |
paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security |
| |
| |
Chairman of the Pathogens Access Appeal Commission (appointed under |
| 10 |
paragraph 1(2) of that Schedule). |
| |
56 | Orders permitting disclosures to Judicial Appointments Commission |
| |
In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which |
| |
provides that certain orders under that Act are subject to annulment in |
| |
pursuance of a resolution of either House of Parliament), after “section 2(2)(a) |
| 15 |
or (c),” insert “5A(6),”. |
| |
| |
Enforcement by taking control of goods |
| |
| |
| 20 |
57 | Enforcement by taking control of goods |
| |
(1) | Schedule 12 applies where an enactment, writ or warrant confers power to use |
| |
the procedure in that Schedule (taking control of goods and selling them to |
| |
| |
(2) | The power conferred by a writ or warrant of control to recover a sum of money, |
| 25 |
and any power conferred by a writ or warrant of possession or delivery to take |
| |
control of goods and sell them to recover a sum of money, is exercisable only |
| |
| |
| |
(a) | amends some powers previously called powers to distrain, so that they |
| 30 |
become powers to use that procedure; |
| |
(b) | makes other amendments relating to Schedule 12 and to distress or |
| |
| |
(4) | The following are renamed— |
| |
(a) | writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are |
| 35 |
renamed writs of control; |
| |
(b) | warrants of execution are renamed warrants of control; |
| |
(c) | warrants of distress, unless the power they confer is exercisable only |
| |
against specific goods, are renamed warrants of control. |
| |
| 40 |
(1) | This section and section 59 apply for the purposes of Schedule 12. |
| |
|
| |
|