House of Commons Amendments

House of Commons

Session 2006 - 07
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Other Bills before Parliament

1401

House of Commons

Notices of Amendments

given on

Thursday 21st June 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:

491-3, 1365-9 and 1375-9

Consideration of Bill

Tribunals, Courts and Enforcement Bill [Lords]

Transfer from salaried to fee-paid judicial office

Vera Baird

NC7

To move the following Clause:—

‘(1)
The Constitutional Reform Act 2005 (c. 4) is amended as follows.

(2)
After section 94 insert—

“94A
Appointments not subject to section 85: courts

(1)
Where this section applies to an appointment—

(a)
section 85 does not apply, but

(b)
the Lord Chancellor may not make the appointment without the

concurrence of the Lord Chief Justice.

(2)
This section applies to the appointment of a person, on a fee-paid basis,

to an office in the table below (the “proposed appointment”) if the

person—

(a)
holds the corresponding qualifying office (or one of them) on a

salaried basis, or

(b)
ceased to hold the corresponding qualifying office (or one of

them) within two years ending with the date when the proposed

appointment takes effect and, immediately before ceasing to

hold that office, held it on a salaried basis.

Proposed appointment (fee-paid)
Qualifying office (salaried)

An office listed in Part 2 of Schedule
The same office.

14.

Deputy District Judge (Magistrates’
District Judge (Magistrates’ Courts),

Courts).
Senior District Judge (Chief

Magistrate), or

Deputy Senior District Judge (Chief

Magistrate).

Assistant Judge Advocate General, or
Judge Advocate of Her Majesty’s Fleet,

the Judge Advocate General.
Judge Advocate General,

Vice Judge Advocate General, or

Assistant Judge Advocate General

Notices of Amendments: 21st June 2007
1402

Tribunals, Courts and Enforcement Bill [Lords], continued

(3)
The Lord Chief Justice may nominate a judicial office holder (as defined

in section 109(4)) to exercise his function under subsection (1)(b).

(4)
In this section “salaried” and “fee-paid” have the meaning given by

paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act

1993 (c. 8).

94B
Appointments not subject to section 85: tribunals

(1)
Where this section applies to a recommendation or appointment—

(a)
section 85 does not apply, but

(b)
the Lord Chancellor may not make the recommendation or

appointment without the concurrence of the Senior President of

Tribunals.

(2)
In the case of the appointment of a person as a deputy judge of the Upper

Tribunal, if the person holds or has held an office listed in section 6(1) of

the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor

must also consult the Lord Chief Justice before making the appointment.

(3)
This section applies to, or to a recommendation to Her Majesty for, the

appointment of a person, on a fee-paid basis, to an office in the table

below (the “proposed appointment”) if the person—

(a)
holds the corresponding qualifying office (or one of them) on a

salaried basis, or

(b)
subject to subsection (4), ceased to hold the corresponding

qualifying office (or one of them) within two years ending with

the date when the proposed appointment takes effect and,

immediately before ceasing to hold that office, held it on a

salaried basis.

Notices of Amendments: 21st June 2007
1403

Tribunals, Courts and Enforcement Bill [Lords], continued

Proposed appointment (fee-paid)
Qualifying office (salaried)

An office listed in Part 3 of Schedule 14
The same office, or

(other than the office of Chamber
a more senior office, listed in Part 3 of

President or Deputy Chamber President
Schedule 14, in the same tribunal or

of a chamber of the Upper Tribunal or
body (but excluding the Upper Tribunal

the First-tier Tribunal).
and the First-tier Tribunal).

Deputy Child Support Commissioner.
Chief Child Support Commissioner, or

Child Support Commissioner.

Deputy Social Security Commissioner.
Chief Social Security Commissioner, or

Social Security Commissioner.

Deputy judge of the Upper Tribunal.
Ordinary judge of the Court of Appeal

in England and Wales,

Lord Justice of Appeal in Northern

Ireland,

Judge of the Court of Session,

Puisne judge of the High Court in

England and Wales or Northern Ireland,

Circuit judge,

Sheriff in Scotland,

County court judge in Northern Ireland,

District judge in England and Wales or

Northern Ireland,

District Judge (Magistrates’ Courts), or

Judge of the Upper Tribunal by virtue

of any of paragraphs (a) to (f) or (i) of

section 5(1) of the Tribunals, Courts

and Enforcement Act 2007.

Judge of the First-tier Tribunal by
Transferred-in judge of the First-tier

appointment under paragraph 1(1) of
Tribunal (see section 31(2) of that Act).

Schedule 2 to the Tribunals, Courts and

Enforcement Act 2007.

Other member of the First-tier Tribunal
Transferred-in other member of the

by appointment under paragraph 2(1) of
First-tier Tribunal (see section 31(2) of

Schedule 2 to the Tribunals, Courts and
that Act).

Enforcement Act 2007.

Judge of the Upper Tribunal by
Transferred-in judge of the Upper

appointment under paragraph 1(1) of
Tribunal (see section 31(2) of that Act).

Schedule 3 to the Tribunals, Courts and

Enforcement Act 2007.

Other member of the Upper Tribunal by
Transferred-in other member of the

appointment under paragraph 2(1) of
Upper Tribunal (see section 31(2) of

Schedule 3 to the Tribunals, Courts and
that Act).

Enforcement Act 2007.

Deputy judge of the Upper Tribunal by
Deputy judge of the Upper Tribunal

appointment under paragraph 7(1) of
under section 31(2) of that Act.

Schedule 3 to the Tribunals, Courts and

Enforcement Act 2007.

Notices of Amendments: 21st June 2007
1404

Tribunals, Courts and Enforcement Bill [Lords], continued

(4)
In subsection (3)(b) the words “within two years ending with the date

when the proposed appointment takes effect” do not apply if—

(a)
the proposed appointment is to the office of deputy judge of the

Upper Tribunal, and

(b)
the corresponding qualifying office is—

(i)
ordinary judge of the Court of Appeal in England and

Wales,

(ii)
Lord Justice of Appeal in Northern Ireland,

(iii)
judge of the Court of Session, or

(iv)
puisne judge of the High Court in England and Wales or

Northern Ireland.

(5)
In this section “salaried” and “fee-paid” have the meaning given by

paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act

1993.”

(3)
After section 85(2) (restriction on recommendations and appointments) insert—

“(2A)
This section is subject to—

(a)
section 30(4) of the Courts-Martial (Appeals) Act 1951,

(b)
sections 91(1ZB) and 102(1C) of the Supreme Court Act 1981,

(c)
section 8(1ZC) of the County Courts Act 1984, and

(d)
sections 94A and 94B below.”

(4)
After section 85(3) (power to amend Schedule 14) add—

“(4)
The Lord Chancellor may by order amend section 94A or 94B if he thinks

that the amendment is consequential on an amendment made to Schedule

14 by an order under subsection (3).”

(5)
Section 97 (Scotland and Northern Ireland) is amended as follows.

(6)
In subsection (1)—

(a)
for “This section applies” substitute “Subsections (2) and (3) apply”, and

(b)
after paragraph (c) insert—

“(ca)
section 94B(2);”.

(7)
After subsection (3) add—

“(4)
Subsections (2) and (3) apply to the reference in section 94A(1) to the

Lord Chancellor obtaining the concurrence of the Lord Chief Justice as

they apply to a reference in a provision specified in subsection (1) to the

Lord Chancellor consulting the Lord Chief Justice.

(5)
The Lord President of the Court of Session may nominate any of the

following to exercise his function under section 94A(1)(b)—

Notices of Amendments: 21st June 2007
1405

Tribunals, Courts and Enforcement Bill [Lords], continued

(a)
a judge who is a member of the First or Second Division of the

Inner House of the Court of Session;

(b)
the Senior President of Tribunals.

(6)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise his function under section 94A(1)(b)—

(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);

(c)
the Senior President of Tribunals.”’.

Appointment of temporary assistant to Judge Advocate General

Vera Baird

NC8

To move the following Clause:—

‘(1)
After section 30(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (temporary

assistants to Judge Advocate General) insert—

“(3)
The Lord Chancellor may not appoint a holder of relevant office under

subsection (2) without the concurrence of the Lord Chief Justice of

England and Wales.

(4)
Section 85 of the Constitutional Reform Act 2005 (selection of certain

office holders) does not apply to an appointment to which subsection (3)

applies.

(5)
In subsection (3) “holder of relevant office” means a person who has,

within the two years ending with the day on which this subsection comes

into force, been appointed as judge advocate to a court-martial under—

(a)
section 84B of the Army Act 1955,

(b)
section 84B of the Air Force Act 1955, or

(c)
section 53B of the Naval Discipline Act 1957.”’.

Appointment of deputy Circuit judge

Vera Baird

NC9

To move the following Clause:—

‘In section 24(1) of the Courts Act 1971 (c. 23) (appointment of deputy Circuit

judges and assistant recorders) for paragraph (a) substitute—

“(a)
the Lord Chancellor may, with the concurrence of the Lord Chief

Justice, appoint to be a deputy Circuit judge, during such period

or on such occasions as the Lord Chancellor thinks fit, any

person who has held office as a judge of the Court of Appeal or

of the High Court or as a Circuit judge;”.’.

Vera Baird

43

Page  41,  line  37  [Clause  54],  leave out ‘and (3)’ and insert ‘to (3B)’.

Notices of Amendments: 21st June 2007
1406

Tribunals, Courts and Enforcement Bill [Lords], continued

Vera Baird

44

Page  41,  line  38  [Clause  54],  leave out subsection (2) and insert—

‘(2)
In subsection (1)—

(a)
for “the Lord Chief Justice, after consulting the Lord Chancellor,”

substitute “the Lord Chancellor”, and

(b)
for “the Lord Chief Justice may, after consulting the Lord Chancellor,”

substitute “the Lord Chancellor may”.’.

Vera Baird

45

Page  41,  line  39  [Clause  54],  leave out subsection (3) and insert—

‘(3)
After subsection (1) insert—

“(1ZA)
The Lord Chancellor may not appoint a holder of relevant office under

subsection (1) without the concurrence of the Lord Chief Justice.

(1ZB)
Section 85 of the Constitutional Reform Act 2005 (selection of certain

office holders) does not apply to an appointment to which subsection

(1ZA) applies.

(1ZC)
In this section a “holder of relevant office” means a person who holds, or

has held within two years ending with the date when his appointment

under this section takes effect—

(a)
any office listed in column 1 of Part 2 or 3 of Schedule 2, or

(b)
the office of district judge.”’.

Vera Baird

46

Page  42,  line  7  [Clause  54],  at end insert—

‘(3A)
For subsection (3) substitute—

“(3)
An appointment under this section may extend until the day on which a

person attains the age of seventy-five years if it is an appointment of a

holder of relevant office.”

(3B)
In subsection (7) for “subsection (1)” substitute “subsection (1ZA)”.

(3C)
In section 92(1) of the Supreme Court Act 1981 (c. 54) after “this section” insert

“, to section 91(3)”.’.

Vera Baird

47

Page  42,  line  8  [Clause  54],  leave out ‘3’ and insert ‘2’.

Vera Baird

48

Page  42,  line  10  [Clause  54],  leave out from ‘entry’ to ‘, insert’ in line 12 and insert

‘for an assistant recorder appointed under section 24(1) of the Courts Act 1971 (c. 23)’.

Vera Baird

49

Page  42,  line  13  [Clause  54],  leave out ‘Section 91(1ZA) of the Supreme Court Act

1981’ and insert ‘Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA)

of that section applies to the appointment’.

Notices of Amendments: 21st June 2007
1407

Tribunals, Courts and Enforcement Bill [Lords], continued

Vera Baird

50

Page  42,  line  20  [Clause  54],  leave out subsections (5) and (6).

Vera Baird

51

Page  108,  line  5  [Clause  139],  leave out ‘91(1ZA)’ and insert ‘91(1)’.

Vera Baird

52

Page  110,  line  1  [Clause  143],  after ‘sections’ insert ‘53, 54, [Transfer from

salaried to fee-paid judicial office], [Appointment of Deputy Circuit judge],’.

Vera Baird

53

Page  110,  line  1  [Clause  143],  leave out ‘and this section’ and insert ‘, this section

and Schedule 11’.

Vera Baird

54

Page  162,  line  12  [Schedule  8],  at end insert—

      ‘()
In section 26 (retirement date for holders of certain judicial offices etc.)

subsection (7) is amended as follows.

      ()
In paragraph (f) for the words from “(persons” to the end substitute “(holders

of relevant office);”.

      ()
After paragraph (g) insert—

“(ga)
hold office as a deputy judge of the Upper Tribunal if—

(i)
section 94B of the Constitutional Reform Act 2005

applied to the appointment, and

(ii)
his corresponding qualifying office was listed in

section 6(1) of the Tribunals, Courts and Enforcement

Act 2007;”’.

Vera Baird

55

Page  162  [Schedule  8],  leave out lines 40 to 42 and insert—

‘Deputy judge of the Upper Tribunal appointed under paragraph 7(1) of

Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in

a case where the holding of the office by the person in question falls

within section 26(7)(ga) of this Act

Deputy Judge of the Upper Tribunal by virtue of an order under section

31(2) of the Tribunals, Courts and Enforcement Act 2007’.

Vera Baird

56

Page  201,  line  26  [Schedule  11],  leave out from ‘judge,’ to end of line 33 and insert

‘or

(b)
holds, or has held, the office of district judge.

(1B)
The Lord Chancellor may not appoint a person under subsection (1) without the

concurrence of the Lord Chief Justice if the person—

(a)
holds the office of district judge, or