| Bill clause to be amended
| Statute reference (only given where another existing statute is altered by this amendment)
| Explanation of amendment |
| Addition to Bill—Schedule 1 | Juries Act 1974 s 5
| I will seek to amend schedule 1 of the Bill to include reference to section 5 of the Juries Act 1974. The function of arranging for lists to be prepared of people summoned to be jurors will be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice, to comply with the agreed policy in the concordat relating to the organisational framework, efficiency and effectiveness of the courts system.
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| Addition to Bill—Schedule 1 | Juries Act 1974
s 9AA (inserted by par 12 Schedule 33 to Criminal Justice Act 2003)
| I will seek to amend schedule 1 of the Bill to include a reference to section 9AA (inserted by paragraph 12 schedule 33 Criminal Justice Act 2003) of the Juries Act 1974. The function of issuing guidance on how the functions of the appropriate officer will be exercised will be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice, to comply with the agreed policy in the concordat relating to the organisational framework, efficiency and effectiveness of the courts system.
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| Addition to Bill—Schedule 1 | Domestic Proceedings and Magistrates' Courts Act 1978 s 2
| I will seek to amend schedule 1 of the Bill to include a reference to section 2 of the Domestic Proceedings and Magistrates' Courts Act 1978. The function of setting the maximum amount for lump sums under this Act will be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice, to comply with the agreed policy in the concordat relating to the organisational framework, efficiency and effectiveness of the courts system.
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| Addition to Bill—Schedule 1 | Supreme Court Act 1981 s82
| I will seek to amend schedule 1 of the Bill to provide that the Lord Chancellor's function in section 82 of the Supreme Court Act 1981, which concerns specifying by directions responsibility of officers of the Crown Court for keeping records of the proceedings and other administrative matters, should be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice. This is in line with the agreed policy in the concordat relating to the organisational framework, efficiency and effectiveness of the courts system.
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| Addition to Bill—Schedule 1 | County Courts Act 1984 s12
| I will seek to amend schedule 1 of the Bill to provide that the Lord Chancellor's function in section 12 of the County Courts Act 1984, which concerns making regulations for District Judges to keep records of and in relation to proceedings in the court for that district, should be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice. This is in line with the agreed policy in the concordat relating to rules, regulations and orders.
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| Addition to Bill—Schedule 1 | Children Act 1989 sch 1 para 5(2)
| I will seek to amend schedule 1 of the Bill to provide that the Lord Chancellor's function in schedule 1 paragraph 5(2) of the Children Act 1989, which concerns fixing by order a lump sum payment as ordered by a magistrates' court, should be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice. This is in line with the agreed policy in the concordat relating to rules, regulations and orders.
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| Addition to Bill—Schedule 2 | Welsh Language Act 1993 s 23
| I will seek to amend schedule 2 of the Bill to provide that the Lord Chancellor's function in section 23 of the Welsh Language Act 1993, which concerns making rules prescribing a translation into the Welsh language, should be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice. This is in line with the agreed policy in the concordat relating to rules, regulations and orders.
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| Addition to Bill—Schedule 1 | Defamation Act 1996 section 9
| I will seek to amend schedule 1 of the Bill to provide that the Lord Chancellor's function in section 9 of the Defamation Act 1996, which concerns prescribing damages, should be transferred to the Secretary of State for Constitutional Affairs to be exercised after consultation with the Lord Chief Justice. This is in line with the agreed policy in the concordat relating to rules, regulations and orders.
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| Addition to Bill—Schedule 1 | Justices of the Peace Act 1997 section 25(1) and (2)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in section 25(1) and (2) Justices of the Peace Act 1997, which concern nominations of keeper of the rolls, and administration relating to the post, should be transferred to the Secretary of State for Constitutional Affairs, to be exercised after consultation with the Lord Chief Justice. This is in line with the agreement in the Concordat related to nominations and the organisational framework of the courts system.
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| Addition to Bill—Schedule 1 | Courts Act 2003 section 16
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in section 16(1) and (2) of the Courts Act 2003, which concern nominations of keeper of the rolls and administration relating to the post, should be transferred to the Secretary of State for Constitutional Affairs, to be exercised after consultation with the Lord Chief Justice. This is in line with the agreement in the Concordat relating to nominations and the organisational framework of the courts system.
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| Addition to Bill—Schedule 1 | Supreme Court Act 1981 s130
| I will seek to amend schedule 1 to provide that the Lord Chancellor's function in section 130(1) of the Supreme Court Act 1981, which concerns the fees to be taken in the Supreme Court, should be transferred to the Secretary of State for Constitutional Affairs. Paragraph 428 of the Bill already amends s130(2) concerning the requirement for the concurrence of the Heads of Division to provide for the new President of the Queen's Bench Division and the re-styling of the office of Vice-Chancellor. This is to bring the Bill in line with the concordat policy on the provision of resources.
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| Addition to Bill—Schedule 1 | Tribunals and Inquiries Act 1992 s 16(2):
| I will seek to amend schedule 1 to provide that the Lord Chancellor's function in section 16(2) of the Tribunals and Inquiries Act 1992 should be transferred to the Secretary of State for Constitutional Affairs, in line with the agreed policy in the concordat relating to the making of rules for tribunals. These functions are concerned with provision to designate by order any inquiry or hearing for the purposes of this section of the Tribunals and Inquiries Act.
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| Addition to Bill—Schedule 1 | Access to Justice Act 1999 Sch 14 Part V paras 33 and 35(1) and (2)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in paragraphs 33 and 35 of Schedule 14 to the Access to Justice Act 1999 should be transferred to the Secretary of State for Constitutional Affairs. This function concerns an order making power for the transition from the Greater London Magistrates Court Association to the magistrates' courts committees for Greater London. This will bring the Bill in line with the concordat policy on organisational framework, efficiency and effectiveness of courts system.
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| Addition to Bill—Schedule 1 | Courts Act 2003, Sch 1, para 2(c)(d)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in paragraphs 2(c) and (d) of schedule 1 to the Courts Act 2003, which concern the appointment of non-judicial members of Courts Boards, should be transferred in schedule 1 to the Secretary of State for Constitutional Affairs. Paragraph 406 already deals with judicial members. This will bring the Bill in line with the concordat policy on provision of resources and administration of courts.
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| Addition to Bill—Schedule 1 | Juries Act 1974 s9AA(2)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in section 9AA(2) of the Juries Act 1974 (which is to be inserted by paragraph 12 of schedule 33 to the Criminal Justice Act 1993) are transferred in schedule 1 to the Secretary of State for Constitutional Affairs. The provision relates to the requirement to lay before Parliament and to publish guidance issued under this section. It does not comply with the agreed policy in the concordat relating to organisational framework, efficiency and effectiveness of courts system that has importance to the judiciary.
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| Addition to Bill—Schedule 1 | Tribunals and Inquiries Act 1992 s 13(1)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in sections 13(1), (3) and (5) of the Tribunals and Inquiries Act 1992, which concern the making of orders to add to those tribunals falling under the supervision of the Council on Tribunals, should be transferred in schedule 1 to the Bill to the Secretary of State for Constitutional Affairs. This brings the schedule in line with the concordat policy on tribunal rules.
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| Addition to Bill—Schedule 1 | Tribunals and Inquiries Act 1992 s 13(3)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in sections 13(1), (3) and (5) of the Tribunals and Inquiries Act 1992, which concern the making of orders to add to those tribunals falling under the supervision of the Council on Tribunals, should be transferred in schedule 1 to the Bill to the Secretary of State for Constitutional Affairs. This brings the schedule in line with the concordat policy on tribunal rules.
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| Addition to Bill—Schedule 1 | Tribunals and Inquiries Act 1992 s 13(5)(a), (c)-(e)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in sections 13(1), (3) and (5) of the Tribunals and Inquiries Act 1992, which concern the making of orders to add to those tribunals falling under the supervision of the Council on Tribunals, should be transferred in Schedule 1 to the Bill to the Secretary of State for Constitutional Affairs. This brings the schedule in line with the concordat policy on tribunal rules.
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| Addition to Bill—Schedule 1 | Anti-Terrorism, Crime and Security Act 2001, sch6, par 2
| I will seek to amend schedule 1 to provide that the Lord Chancellor's function in paragraph 2 of schedule 6 of this Act, which concerns the appointment of officers and servants for the Commission, to the Secretary of State for Constitutional Affairs. This is in line with the agreement in the Concordat related to the provision of resources.
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| Addition to Bill—Schedule 1 | Value added Tax 1994 sch12 par 7(7)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in section paragraph 7(7) of schedule 12 of this Act, which concern the removal of chairmen of VAT tribunals from office, should be exercisable by the Secretary of State for Constitutional Affairs with the concurrence of the Lord Chief Justice. This is in line with the agreed policy in the concordat related to complaints and discipline.
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| Addition to Bill—Schedule 1 | Landlord and Tenant Act 1954 s63(6)(c):
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in section 63(6)(c) of the Landlord and Tenant Act 1954, which concern determination of remuneration for an assessor, should be transferred to the Secretary of State for Constitutional Affairs. This is in line with the agreement in the Concordat relating to the provision of resources.
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| Addition to Bill —Schedule 3 | Children Act 1989 s 96(3)
| I will seek to amend schedule 3 to provide that the Lord Chancellor's function in section 96(3) of the Children Act 1989, which concerns orders to make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay. This function should be transferred to the Lord Chief Justice (or judicial delegate) with the concurrence of the Secretary of State for Constitutional Affairs, but without concurrence if practice directions are guidance about the law or making judicial decisions. This is in line with the agreement in the Concordat relating to practice directions.
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| Addition to Bill—Schedule 1 | Courts-Martial (Appeals) Act 1968 s 2(3)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in section 2(3) of the Courts-Martial (Appeals) Act 1968, which concern the payment of remuneration and travelling and subsistence allowances of judges of the Appeal Court, should be transferred to the Secretary of State for Constitutional Affairs. This brings the schedule in line with the concordat policy on the provision of resources
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| Addition to Bill—Schedule 1 | Taxes Management Act 1970 s3(2)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's function in section 3(2) of the Taxes Management Act 1970, which concerns the remuneration of clerks, should be transferred to the Secretary of State for Constitutional Affairs. This is in line with the agreement in the Concordat related to the provision of resources
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| Addition to Bill—Schedule 1 | Local Government Act 2000 s 76(11)(12)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's function in sections 76(11) and (12) of the Local Government Act 2000, which concerns guidance with respect to the composition of tribunals, should be transferred to the Secretary of State for Constitutional Affairs, after consultation with the Lord Chief Justice. This is in line with the agreement in the Concordat related to deployment.
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| Addition to Bill—Schedule 1 | Value added Tax 1994 sch12 par 2(3) 3(2)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's function in paragraphs 2(3) and 3(2) of schedule 12 of Value Added Tax Act 1994, which concern the terms and conditions of the President, should be transferred to the Secretary of State for Constitutional Affairs. This is in line with the agreement in the Concordat related to the provision of resources.
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| Addition to Bill—Schedule 1 | Children Act 1989 s96(5)(c)
| I will seek to amend schedule 1 of the Bill to include reference to section 96(5)(c) of the Children Act 1989. The function of amending other legislation relating to evidence as a consequence of orders laid under the Children Act will be transferred to the Secretary of State for Constitutional Affairs to be exercised with the concurrence of the Lord Chief Justice. This is to comply with the agreed policy in the concordat relating to rules, regulations and orders.
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| Schedule 1 | Supreme Court Act 1981 2(6)
| I will seek to amend schedule 1 of the Bill as it does not comply with the agreed policy in the concordat relating to judicial posts. At present it sets out which additional posts can be vacant, and the Court of Appeal still sit. It should be amended to include the Vice Presidents of the Civil and Criminal Division in addition to Chancellor of the High Court or President of the Queen's Bench Division which the Bill already adds to the Supreme Court Act 1981 section 2(6)
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| Schedule 1 paragraph 1(1) | Habeas Corpus Act 1679 s1
| I will seek to amend schedule 1 part 1 paragraph 1 of the Bill which relates to subsections 1, 2 and 9 of the Habeas Corpus Act 1679, so that it removes reference to the Lord Chancellor and the Keeper of the Great Seal in these sections. These sections provide a power to discharge an accused if the writ of habeas corpus is unsatisfied, as well as to grant bail in accordance with the Bail Act 1976, to an accused. These functions will transfer to the Lord Chief Justice to bring the Bill into line with the agreed policy of the Concordat in relation to judicial posts held by the Lord Chancellor.
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| Schedule 1 paragraph 105(2) | Magistrates' Courts Act 1980 s144(1)
| I will seek to amend schedule 1 paragraph 105(2) of the Bill as it does not comply with the agreed policy in the concordat relating to the appointment of rule committees. At present the Bill provides that the appointment of a rule committee for magistrates' courts shall be made by the Secretary of State for Constitutional Affairs. This paragraph should be amended so that the Secretary of State for Constitutional Affairs should appoint a rule committee for magistrates' courts after consultation with the Lord Chief Justice.
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| Schedule 1 paragraph 110(2) | Judicial Pensions Act 1981 s 5
| I will seek to amend schedule 1 part 1 paragraph 110(2) of the Bill as it does not comply with the agreed policy in the concordat relating to provision of resource—pay, pensions and terms and conditions. At present it transfers granting of circuit judges' pensions to the Secretary of State for Constitutional Affairs after consultation with the Lord Chief Justice. The pension functions that don't relate to incapacity or medical certificates, and extension of maximum retirement ages should be amended to remove the requirement to consult with the Lord Chief Justice to bring it in line with the agreed policy in the concordat regarding pensions.
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| Schedule 1 paragraph 111(2)(a) | Judicial Pensions Act 1981 s 7
| I will seek to amend schedule 1 part 1 paragraph 111 (2)(a) as it does not comply with the agreed policy in the concordat relating to provision of resource—pay, pensions and terms and conditions. At present it transfers granting of magistrates pensions to the Secretary of State for Constitutional Affairs after consultation with the Lord Chief Justice. The pension functions that don't relates to incapacity or medical certificates, and extension of maximum retirement ages should be amended to remove the requirement to consult with the Lord Chief Justice to bring it in line with the agreed policy in the concordat.
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| Schedule 1 paragraph 114 | Judicial Pensions Act 1981 s 13
| I will seek to amend schedule 1 part 1 paragraph 114 of the Bill as it does not comply with the agreed policy in the concordat relating to provision of resources—pay, pensions and terms and conditions. At present it transfers granting of Social Security Commissioners' pensions to the Secretary of State for Constitutional Affairs after consultation with the Lord Chief Justice. The pension functions that do not relate to incapacity or medical certificates, and extension of maximum retirement ages should be amended to remove the requirement to consult with the Lord Chief Justice to bring it in line with the agreed policy in the concordat regarding pensions.
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| Schedule 1 paragraph 13 | Children and Young Persons Act 1933 s45
| I will seek to amend schedule 1 paragraph 13, as it does not comply with the agreed policy in the concordat relating to deployment—authorisations. At present the Bill provides that authorisations to sit on youth courts, and powers to make rules and provisions relating to youth courts should be made by the Lord Chief Justice with the Secretary of State for Constitutional Affairs. This paragraph should be amended so that the Lord Chief Justice must have the concurrence of the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 130(3) | Supreme Court Act 1981 s9(2)
| I will seek to amend Schedule 1 paragraph 130(3), by deleting from "(2D)" to end of line 44 and inserting the following wording:
"(2B)In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the relevant authority may make the request only after consulting the Secretary of State for Constitutional Affairs.
(2C)In any other case the relevant authority may make a request only with the concurrence of the Secretary of State for Constitutional Affairs.
(2D)In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the relevant authority may make the request only with the concurrence of the Judicial Appointments Commission."
Amending these paragraphs will bring the section into line with the agreed policy in the Concordat relating to deployment—authorisations/assignments.
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| Schedule 1 paragraph 131(5) | Supreme Court Act 1981 s10
| I will seek to amend Schedule 1, paragraph 131(5) as it does not apply with the agreed policy in the Concordat relating to oath taking. At present, it states that the Lord Chief Justice should take the oath in the presence of the Master of the Rolls. It should be amended to provide that the oath will be taken also in the presence of the presidents of the divisions of the High Court and to ensure that a vacancy in any of the offices of the Master of the Rolls or the presidents of the divisions of the High Court will not prevent the Lord Chief Justice taking that oath.
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| Schedule 1 paragraph 140(2)(a) | Supreme Court Act 1981 s61(3)
| I will seek to amend schedule 1 paragraph 140(2)(a), as it does not comply with the agreed policy in the concordat relating to the distribution of business. At present it states that the Lord Chief Justice must consult with the Secretary of State for Constitutional Affairs concerning directing by order that business in the High Court be assigned to a different division. It should be amended to read the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 141(3) | Supreme Court Act 1981 s63(2)
| I will seek to amend schedule 1 paragraph 141(3), as it does not comply with the agreed policy in the concordat relating to the distribution of business. It should be amended so that the functions in section 63(2) of the Supreme Court Act 1981 to reassign business from specially nominated High Court Judges to any High Court Judge are transferred to the Lord Chief Justice who must consult the Secretary of State for Constitutional Affairs (rather than obtain the concurrence of the Secretary of State). This is because it relates to redeployment of business within the same level.
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| Schedule 1 paragraph 151 | Supreme Court Act 1981 s92(3A)
| I will seek to amend schedule 1 paragraph 151 of the Bill as it does not comply with the agreed policy in the concordat relating to provision of resources—pay, pension, terms and conditions. At present it does not amend section 92(3A) of the Supreme Court Act 1981 in relation to retirement ages of judges. It should be amended to transfer the function in section 92(3A) of the Supreme Court Act 1981 to the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 160 | Representation of the People Act 1983 s 161
| I will seek to amend schedule 1 paragraph 160, as it does not comply with the agreed policy in the concordat relating to complaints and discipline. At present it states the Secretary of State for Constitutional Affairs should be the office holder an election court should report any evidence of corruption by a Justice of the Peace to. It should be amended to read both the Secretary of State for Constitutional Affairs and the Lord Chief Justice.
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| Schedule 1 paragraph 169 | Mental Health Act 1983 s105(2)
| I will seek to amend schedule 1 paragraph 169 as it does not comply with the agreed policy in the concordat relating to the transfer from the Lord Chancellor of judicial posts. The words "the Lord Chancellor or from" should be deleted as the Lord Chancellor will no longer sit in a judicial capacity.
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| Schedule 1 paragraph 195(2) | Insolvency Act 1986 s117(4)
| I will seek to amend schedule 1 paragraph 195(2) as it does not comply with the agreed policy in the concordat relating to deployment—numbers/regions/location/sitting times/jurisdiction. At present it incorrectly transfers functions to exclude jurisdiction from county courts to the Secretary of State for Constitutional Affairs after consultation with the Lord Chief Justice. It should be amended to transfer the function to the Secretary of State for Constitutional Affairs with the concurrence of the Lord Chief Justice.
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| Schedule 1 paragraph 218(2) | Children Act 1989 s97(4)
| I will seek to amend schedule 1 paragraph 218(2), as it does not comply with the agreed policy in the concordat relating to the issuing of practice directions. At present it states the Lord Chief Justice should have the power to overturn an order under section 97(4) of the Children Act 1989 if it is in the child's welfare to do so. As this is a ministerial power it should be amended to read the Secretary of State for Constitutional Affairs with the concurrence of the Lord Chief Justice.
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| Schedule 1 paragraph 225 | Courts and Legal Services Act 1990 s 1 and 9
| I will seek to amend schedule 1 paragraph 225 of the Bill as it does not comply with the agreed policy in the concordat relating to deployment—distribution of business. At present it states that the function of conferring jurisdiction on the High Court/County Courts, allocate proceedings to the High Court/County Courts, and specify proceedings which may be commenced/taken only in the High Court/County Courts is transferred to the Secretary of State for Constitutional Affairs. It should be amended to transfer the function to the Secretary of State for Constitutional Affairs with the concurrence of the Lord Chief Justice.
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| Schedule 1 paragraph 249 | Judicial Pensions and Retirement Act 1993 s 26
| I will seek to amend schedule 1 paragraph 249 of the Bill which refers to section 26 of the Judicial Pensions and Retirement Act 1993. This function relates to an exclusion for the Lord Chancellor of the maximum age permissible to hold judicial office. It should be amended to read the Lord Chief Justice with concurrence of the Secretary of State for Constitutional Affairs, to bring it into line with the agreed policy in the Concordat on Judicial Posts.
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| Schedule 1 paragraph 259(2) | Trade Marks Act 1994 s77(3)
| I will seek to amend schedule 1 paragraph 259(2), which concerns the removal of a person from office who has been appointed to hear and decide appeals under the Trade Marks Act 1994 Act, as it does not comply with the agreed policy in the concordat relating to complaints and discipline. This paragraph amends subsections 3 (b) and (c) and 4 to transfer the function to the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 261(2) | Reserve Forces Act 1996 s92(1)
| I will seek to amend schedule 1 paragraph 261(2) as it does not comply with the agreed policy in the concordat relating to Deployment—authorisations/assignments. At present it states that an appeal tribunal under the Reserve Forces Act 1996 shall consist of a chairman and two other members selected by the Lord Chancellor after consulting the Secretary of State for Constitutional Affairs from the appropriate panel appointed under section 90 or 91. This is a drafting error and the reference to the Lord Chancellor will be amended to the Lord Chief Justice.
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| Schedule 1 paragraph 265(4) and (5) | Employment Tribunals Act 1996
| I will seek to amend schedule 1 paragraphs 265(4) and (5) as they do not comply with the agreed policy in the concordat relating to appointments. At present these paragraphs state that when an appointed member of the Appeal Tribunal is temporarily absent or otherwise unable to act as a member of the Appeal Tribunal, the Lord Chief Justice and the Secretary of State may jointly appoint a person as a member to act temporarily in his place. This will be amended so that the Lord Chancellor's function in section 23(3) of this Act is transferred to the Secretary of State for Constitutional Affairs, who must consult the Lord Chief Justice.
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| Schedule 1 paragraph 271 | Civil Procedure Act ss2(1A), (3) and (4)
| I will seek to amend schedule 1, part 1 paragraph 271 of the Bill to provide that the Lord Chief Justice may delegate the power to appoint one judge of the Supreme Court, one Circuit judge, one district judge and one person who is a Master referred to in part 2 of schedule 2 to the Supreme Court Act 1981 to the Civil Procedure Rules Committee. The function will can be delegated under section 84(4) of the Bill to another judicial office holder, to comply with the agreed policy in the concordat relating to appointment to committees, boards and similar bodies.
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| Schedule 1 paragraph 275 | Education Act 1996 s334
| I will seek to amend Schedule 1, part 1, paragraph 275 which relates to Education Act 1996 s 334.The function deals with the power of the Lord Chancellor to remove a President of the Education Tribunal if they become unfit to hold office. The Bill should be amended to specifically transfer the function to the "Secretary of State for Constitutional Affairs" to be exercised with the concurrence of the Lord Chief Justice. This is to bring the Bill in line with the concordat policy on complaints and discipline.
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| Schedule 1 paragraph 327(3) | Criminal Justice and Court Services Act 2000, sch 1(3)
| I will seek to amend Schedule 1, part 1, paragraphs 327(3) of the Criminal Justice and Court Services Act 2000, schedule 1(3). This function deals with whom a person must resign to when leaving a position on a Local Probation Board. The Bill should be amended to specifically transfer the function to the "Secretary of State for Constitutional Affairs", in line with the policy in the Concordat dealing with Provision of Resources.
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| Schedule 1 paragraph 279 | Civil Procedure Act 1997 s2(1A), 3 and 4
| I will seek to amend schedule 1, paragraph 279 of the Bill, which refers to sections 2(1A), (3) and (4) of the Civil Procedure Act 1997. These functions relate to the power to appoint judicial members to the Civil Procedure Rules committee. This function is to be transferred to the Lord Chief Justice. This amendment provides that this function may be delegable to another judicial office holder as defined in clause 84(4) of the Bill. This amendment brings the policy into line with the Concordat in relation to appointment to committees, boards and similar bodies.
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| Schedule 1 paragraph 290(4) | Special Immigration Appeals Commission Act 1997, sch 1, para 4
| I will seek to amend schedule 1 paragraph 290(4) as it does not comply with the agreed policy in the concordat relating to tribunals. At present the Bill provides that the times and places of sittings of the Commission shall be determined by the Secretary of State for Constitutional Affairs, with the concurrence of the Lord Chief Justice. This function should transfer to the Secretary of State for Constitutional Affairs alone.
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| Schedule 1 paragraph 315(4) | Immigration and Asylum Act 1999, sch 7, para 5
| I will seek to amend schedule 1 paragraph 315(4) as it does not comply with the agreed policy in the concordat relating to tribunals. At present the Bill provides that the times and places of sittings of the Tribunal shall be determined by the Secretary of State for Constitutional Affairs, with the concurrence of the Lord Chief Justice. This function should transfer to the Secretary of State for Constitutional Affairs alone.
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| Schedule 1 paragraph 338 | Land Registration Act 2002 sch 9 par 1(2)
| I will seek to amend schedule 1 to provide that the Lord Chancellor's functions in paragraph 1(2) of Schedule 9 to the Land Registration Act 2002, which concerns the removal of adjudicators from office on the ground of incapacity or misbehaviour, should be transferred in Schedule 1 to the Secretary of State for Constitutional Affairs to be exercised only with the concurrence of the Lord Chief Justice. This is to bring the Bill in line with the concordat policy on complaints and discipline.
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| Schedule 1 paragraph 349(3) | Nationality, Immigration and Asylum Act 2002 sch5, para 5
| I will seek to amend schedule 1 paragraph 349(3) of the Bill, as it does not comply with the agreed policy in the concordat relating to tribunals. At present the Bill provides that the times and places of sittings of the Tribunal shall be determined by the Secretary of State for Constitutional Affairs, with the concurrence of the Lord Chief Justice. This function should transfer to the Secretary of State for Constitutional Affairs alone.
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| Schedule 1 paragraph 352(2) | Extradition Act 2003, s67(1)(a)
| I will seek to amend schedule 1, part 1, paragraph 352(2) of the Bill which refers to section 67(1)(a) of the Extradition Act 2003, designation of a District Judge (Magistrates' Courts) as an appropriate judge for an extradition hearing in England and Wales. The Bill currently transfers the function to the Secretary of State for Constitutional Affairs after consulting the Lord Chief Justice, but should be amended to transfer the function to the Lord Chief Justice after consulting the Secretary of State for Constitutional Affairs, in line with the policy in the Concordat dealing with deployment— allocation of work.
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| Schedule 1 paragraph 353(2) | Extradition Act 2003 (c.41) 139(1)(a)
| I will seek to amend schedule 1 paragraph 353(2) as it does not comply with the agreed policy in the concordat relating to deployment—allocation of work. At present the Bill provides that the Secretary of State for Constitutional Affairs designates a District Judge (Magistrates' Courts) as an appropriate judge for a (Part 2) extradition hearing, after consultation with the Lord Chief Justice. This paragraph should be amended so that the Lord Chief Justice designates the District Judge, after consultation with the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 355(2) | Criminal Justice Act 2003s 167(1)(b)
| I will seek to amend paragraph 355(2) as it does not comply with the agreed policy in the concordat relating to appointments to committees. At present the Bill provides that the Secretary of State for Constitutional Affairs appoints members to the Sentencing Guidelines Council. This paragraph should be amended so that the Lord Chief Justice appoints members, after consultation with the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 369 | Courts Act 2003 s 11(2)
| I will seek to amend schedule 1, part 2, paragraph 369 which refers to section 11(2)(b) of the Courts Act 2003. This function allows the Lord Chancellor, on behalf of Her Majesty, to remove a lay justice from office on the ground of incapacity or misbehaviour. At present the Bill omits to provide an office holder for this function to be transferred to. This paragraph should be amended to transfer this function to the Secretary of State for Constitutional Affairs to be exercised with the concurrence of the Lord Chief Justice, in line with the agreed policy in the Concordat relating to complaints and discipline.
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| Schedule 1 paragraph 370(2) | Courts Act 2003 s 13(3)
| I will seek to amend schedule 1 paragraph 370(2) of the Bill, as it does not comply with the agreed policy in the concordat relating to deployment—resource implications. At present it transfers to the Secretary of State for Constitutional Affairs after consultation with the Lord Chief Justice the functions of permitting a lay justice acting as a Justice of the Peace who turns 70 while proceedings are in progress to remain a lay justice until the proceedings are complete. It should be amended to transfer the function to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 373(2) | Courts Act 2003 s 17(3)
| I will seek to amend schedule 1 paragraph 373(2) as it does not comply with the agreed policy in the concordat relating to deployment and also the provision of resources. At present the function of authorising a lay justice to continue as chairman or deputy chairman of lay justices for proceedings which are in progress when the lay justice's office would otherwise end is transferred to the Secretary of State for Constitutional Affairs. It should be amended to transfer the function to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 375(3) | Courts Act 2003 s 20
| I will seek to amend schedule 1 paragraph 375(3), as it does not comply with the agreed policy in the concordat relating to rules. At present the Bill provides for the Lord Chief Justice to make rules. This paragraph should be amended to read the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs can make rules.
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| Schedule 1 paragraph 379 | Courts Act 2003 s 25(2)
| I will seek to amend schedule 1 paragraph 379, as it does not comply with the agreed policy in the concordat relating to the organisational framework of the courts system. At present it states that District Judges have a duty to act as Justices of the Peace in the local areas in accordance with arrangements made by or on behalf of the Secretary of State for Constitutional Affairs. It should be amended so that the function is transferred to the Lord Chief Justice who must consult the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 382 | Courts Act 2003 s 30
| I will seek to amend schedule 1 paragraph 382 of the Bill as it does not comply with the agreed policy in the concordat relating to Deployment—numbers/regions/location/sitting times/jurisdiction. At present it transfers provisions relating to directions to the places magistrates' courts may sit to the Secretary of State for Constitutional Affairs after consulting the Lord Chief Justice. Subsection (5) should be amended to transfer the function to the Secretary of State for Constitutional Affairs with the concurrence of the Lord Chief Justice.
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| Schedule 1 paragraph 393 | Courts Act 2003 72(3)
| I will seek to amend schedule 1, part 2, paragraph 393 which refers to section 72(3) of the Courts Act 2003 in which the Lord Chancellor may, with the concurrence of the Secretary of State, allow, disallow or alter rules so made. At present the Bill merely removes the reference to the Lord Chancellor. The original reference to the "Secretary of State", is not sufficiently clear and a reference to "the appropriate Minister" will be inserted to clarify which Secretary of State is intended.
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| Schedule 1 paragraph 396(3) | Courts Act 2003 s 77(1A) (1B)
| I seek to amend schedule 1, part paragraph 396(3) of the Bill which refers to s 77(1A) and 1(B). This section refers to the appointment of judicial and non-judicial members of the Family Procedure Rules Committee. The Lord Chief Justice should appoint all judicial members and the Secretary of State for Constitutional Affairs should appoint all non-judicial members. This amendment would bring this function into line with the agreed policy of the Concordat in relation to rule committee appointments.
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| Schedule 1 paragraph 406(2) | Courts Act 2003, Sch 1, par 2
| I will seek to amend schedule 1 paragraph 406(2) as it does not comply with the agreed policy in the concordat relating to appointments. At present it states that the appointment of members to Court Boards is transferred to the Secretary of State for Constitutional Affairs. For judicial appointments to Court Boards only, it should be amended to read Secretary of State for Constitutional Affairson "on the recommendation of the Lord Chief Justice".
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| Schedule 1 paragraph 412(6)(b)(ii) | Children and Young Persons Act 1933 sch 2 (15)
| I will seek to amend paragraph 412(6)(b)(ii) as it does not comply with the agreed policy in the concordat relating to Deployment—nominations. At present it states that the chairman of a youth court shall be selected in such manner as may be provided by an order made by the Lord Chancellor after consulting the Secretary of State for Constitutional Affairs. This is a drafting error and the reference to the Lord Chancellor will be amended to the Lord Chief Justice.
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| Schedule 1 paragraph 418(2) | Restrictive Practices Court Act 1976 s4(1)(a) and (b)
| I will seek to amend schedule 1 paragraph 418(2) of the Bill, as it does not comply with the agreed policy in the concordat relating to the number of judges deployed. This provision relates to the deployment of additional Judges to the Court of Session and appointment of members. The first reference to the Lord Chancellor should be amended to read the Secretary of State for Constitutional Affairs (rather than the Lord Chief Justice). The second reference to the Lord Chancellor (b), the reference to the Lord Chief Justice should be removed.
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| Schedule 1 paragraph 43(2) | Pharmacy Act 1954 (c.61) sch 1c para 3(4)
| I will seek to amend schedule 1 paragraph 43(2) of the Bill, as it does not comply with the agreed policy in the concordat relating to the appointment of leadership posts. At present it states that the Secretary of State for Constitutional Affairs must approve the appointment of a chairman or deputy chairman under schedule 1c paragraph 3(4) of the Pharmacy Act 1954 after consulting the Lord Chief Justice. It should read the Lord Chief Justice must approve the appointment after consulting the Secretary of State for Constitutional Affairs.
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| Schedule 1 paragraph 460 | Justices of the Peace Act 1997 s 33(3)
| I will seek to amend schedule 1paragraph 460 as it does not comply with the agreed policy in the concordat regarding deployment—numbers/regions/location/sitting times/jurisdiction. The first reference to the Lord Chancellor in section 33(3) of the Justices of the Peace Act 1997, which concerns the making of orders to amend a petty session area, should be replaced by the Secretary of State for Constitutional Affairs. Paragraph 460(4) already provides for consultation with the Lord Chief Justice about such orders.
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| Schedule 1 paragraph 66 | Taxes Management Act 1970 s2(1) and (6)
| Schedule 1 paragraph 66 needs to be amended to provide for consultation with the Lord Chief Justice of Northern Ireland under section 2(1) and (6) of this Act where the division concerned is in Northern Ireland.
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| Schedule 1 paragraph 70 | Taxes Management Act 1970 s 4(3)
| I will seek to amend schedule 1 paragraph 70 which refers to s 4(3) of the Taxes Management Act 1970. This function deals with the power to appoint special commissioners to a committee and should be transferred to the Secretary of State for Constitutional Affairs to be exercised with the concurrence of the Lord Chief Justice, the Lord Chief Justice of Northern Ireland and the Lord President of the Court of Session, as currently it does not comply with the agreed policy in the concordat relating to tribunals that have jurisdiction throughout the United Kingdom.
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| Schedule 1 paragraph 96(4) | Aircraft and Shipbuilding Industries Act 1977 section 42 (8A)
| I will seek to amend the new section 42(8A) of the Aircraft and Shipbuilding Industries Act 1977 in schedule 1 paragraph 96(4) of the Bill, to reflect that the requirement of concurrence of the LCJ for the removal of tribunal members from office by the Secretary of State applies only to appointments made by the Secretary of State under section 42(8)(a).
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| Schedule 1 paragraph 450(3) | Justices of the Peace Act 1997 s 24(5)
| I will seek to amend schedule 1 paragraph 450(3) as it does not comply with the agreed policy in the concordat relating to the making of rules. At present the Bill provides that rules relating to training courses to be completed by magistrates before they may preside in court shall be made by the Lord Chief Justice, after consulting the Secretary of State for Constitutional Affairs and that other rules under this section should be made by the Secretary of State for Constitutional Affairs, after consulting the Lord Chief Justice. This paragraph should be amended so that other rules concerning the approval of magistrates to preside should also be made by the Lord Chief Justice.
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| Schedule 1 paragraphs 134; 124(4)(b); 126(2); 126(3)(b); 129(3)(b); 131(2); 131(3); 132(3); 134; 152(2); 225(3); 229; 251; 309(3); 364(3); 402(3); 409(3)(b); 413(1); 428(1)
| Various | A number of amendments will be made throughout schedule 1 of the Bill to apply a consistent approach reflecting the agreed order of precedence amongst the judicial Heads of Division. The agreed ordering should be: the Lord Chief Justice, the Master of the Rolls, the (new) President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court.
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| Schedule 2 paragraph 10(2) | Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 s 5(1)
| I will seek to amend schedule 2, part 2 paragraph 10(2) as it does not comply with the agreed policy in the concordat relating to rule making. It should be amended to specify that the function is being transferred to the Secretary of State for Constitutional Affairs after consultation with the Lord Chief Justice. At present the clause relating to powers to issue rules under the Reserve and Auxiliary Forces (protection of Civil Interests) Act 1951 is in schedule 2. It should be moved to schedule 1.
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| Schedule 1 paragraph 40(2) | Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 s 5(2)
| I will seek to amend schedule 1, paragraph 40(2) as it does not comply with the agreed policy in the concordat relating to rule making. At present the Bill removes references to who will make the rules under section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. It should be amended to state that rules under subsection (2) should be made in accordance with Part 1 of Schedule 2 to the Bill.
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| Schedule 2 paragraph 16 | National Health Service Act 1977 s 126
| I will seek to amend schedule 2 paragraph 16 of the Bill which relates to s 126 National Health Service Act 1977. This function deals with Orders and regulations, and directions deposited to parliament by the Lord Chancellor. The function should be transferred to the Secretary of State for Constitutional Affairs in line with the agreed policy in the concordat relating to rule making. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 2 paragraph 17 | National Health Service Act 1977 sch 9A (paras (15)(16)(21)
| I will seek to amend schedule 2, part 2, paragraph 17 as it does not comply with the agreed policy in the concordat relating to rules/regulations/orders. At present the order making power for determining panels and procedures for hearings under schedule 9A paragraphs (15), (16) and (21) of the National Health Service Act 1977 is transferred to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs. It should be deleted from schedule 2 and the relevant amendment inserted into schedule 1. The rule making power should be transferred to the Secretary of State for Constitutional Affairs. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 2 paragraph 24 | Mental Health Act 1983 s65
| I will seek to amend schedule 2, part 2, paragraph 24 as it does not comply with the agreed policy in the concordat relating to rules/regulations/order. At present it does not state who should have the power to make rules under the Mental Health Act 1984 should be transferred to. It should be removed from schedule 2 and the function transferred to the Secretary of State for Constitutional Affairs in schedule 1.
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| Schedule 2 paragraph 25 | Mental Health Act 1983 s108
| I will seek to amend schedule 2, part 2, paragraph 25 as it does not comply with the agreed policy in the concordat relating to rules/regulations/order. At present it does not state who the power to make rules under the Mental Health Act 1984. It should be removed from schedule 2 and the function transferred to the Secretary of State for Constitutional Affairs in schedule 1. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 2 paragraph 26 | Mental Health Act 1983 s143(3)
| I will seek to amend schedule 2, part 2, paragraph 26 as it does not comply with the agreed policy in the concordat relating to rules/regulations/order. At present it does not state who should have the power to make rules under the Mental Health Act 1984. It should be removed from schedule 2 and the function transferred to the Secretary of State for Constitutional Affairs in schedule 1. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 2 paragraph 27 | County Courts Act 1984 s38(4)
| I will seek to amend schedule 2, part 1, paragraph 27 of the Bill which refers to County Courts Act 1984 section 38(4) which contains the power for the Lord Chancellor to make regulations under subsection (3) with respect to matters of procedure as he considers expedient. Currently the Bill transfers this function to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs. This provision should be amended to transfer the function to the Secretary of State for Constitutional Affairs after consulting the Lord Chief Justice as this is in line with the agreement in the Concordat related to rule making. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 2 paragraph 27 | County Courts Act 1984 s74A
| I will seek to amend schedule 3, part 1, paragraph 9 of the Bill which refers to County Courts Act 1984 section 74A which contains the power for the Lord Chancellor to make directions as to the practice and procedure of county courts, and delete it from schedule 3 as the power will in future be provided for under the Civil Procedure Act 1997.
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| Schedule 2 paragraph 37 | Housing Act 1996 s 138 (6)
| I will seek to amend schedule 2 part 2 paragraph 37 as it does not comply with the agreed policy in the concordat relating to rules, regulations and orders. At present it deletes references to the Lord Chancellor having the power to make rules by statutory instrument under the Housing Act 1996. The provision in section 138(6) of the Housing Act 1996 have never been used, and it is envisaged that any future rule making functions will be made under the Civil Procedure Act 1997. It should be amended to remove this provision from the Bill. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 2 paragraph 41 | Family Law Act 1996 s65(2)(a)
| I will seek to amend schedule 2 paragraph 41 to delete the reference to the Lord Chancellor in section 65(2)(a) of the Family Law Act 1996, which concerns the power to make incidental, supplemental, consequential and transitional provision by statutory instrument. This is to bring the Bill in line with the policy in the concordat on rules, regulations and orders.
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| Schedule 2 paragraph 42 | Justice of the Peace Act 1997 s 54(8)
| I will seek to amend schedule 2, part 2, paragraph 42 as it does not comply with the agreed policy in the concordat relating to organisational framework, efficiency and effectiveness of courts system. At present it transfers the function of by order prescribing procedures for appeals to the Lord Chief Justice after consultation with the Secretary of State for Constitutional Affairs. It should be amended to transfer the function to the Secretary of State for Constitutional Affairs and the relevent powers transfered to Schedule 1.
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| Schedule 1 paragraph 421(1) | Restrictive Practices Court Act 1976 s 9
| I will seek to amend schedule 1 paragraph 421(1) as it does not comply with the agreed policy in the concordat relating to the making of rules. At present it states the fees chargeable in respect of proceedings before the Restrictive Practices Court Act shall be such as may be determined by rules made by the Secretary of State for Constitutional Affairs after consulting the Lord Chief Justice. It will be amended so that this function is transferred to the President of the Restrictive Practices Court, with the concurrence of the Secretary of State for Constitutional Affairs.
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| Schedule 2 paragraph 6 | Trustee Act 1925 s 54
| I will seek to amend schedule 2, part 2 paragraph 6 as it does not comply with the agreed policy in the concordat relating to rules, regulations and orders. At present it states that the function of making rules with respect to the exercise of the jurisdiction in regard to mental patients under the Trustee Act 1925 section 54 will be transferred to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs. It should be amended to delete from schedule 2 and insert into schedule 1. The rule making powers should be transferred to the Secretary of State for Constitutional Affairs.This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 3 | | I will seek to amend the relevant provisionn of schedule 3 of the bill so that a Minister's agreement is not required for directions relating to guidance as to matters of the law. This will bring the Bill into line with the agreed policy in the concordat at paragraph 65 relating to Practice Directions.
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| Schedule 3 paragraph 11 | Housing Act 1985 s 111
| I will seek to amend schedule 3 part 2 paragraph 11. While it does comply with the agreed policy in the concordat relating to rules regulations and orders, and the making of practice directions. This provision in section 111 of the Housing Act 1985 has never been used. At present it states that rules should be made in accordance with part 1 of schedule 2. It should be amended to delete this provision from schedule 3 relating to practice directions, while retaining the reference in schedule 2. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 3 paragraph 12 | Housing Act 1985 s 181
| I will seek to amend schedule 3 part 2 paragraph 12. While it does comply with the agreed policy in the concordat relating to rules regulations and orders, and the making of practice directions. This provision in section 181 of the Housing Act 1985 has never been used. At present it states that rules should be made in accordance with part 1 of schedule 2. It should be amended to delete this provision from schedule 3 relating to practice directions, while retaining the reference in schedule 2.This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 3 paragraph 13 | Housing Act 1985 s 572
| I will seek to amend schedule 3 part 2 paragraph 13. While it does comply with the agreed policy in the concordat relating to rules, regulations and orders, and the making of practice directions. The provision in section 572 of the Housing Act 1985 have never been used. At present it states that rules should be made in accordance with part 1 of schedule 2. It should be amended to delete this provision from schedule 3. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 3 paragraph 15 | Housing Act 1996 s138(4)
| I will seek to amend schedule 3 part 2 paragraph 15. While it does comply with the agreed policy in the concordat relating to rules regulations and orders, adn the making of practice directions. The provision in section 138(4) of the Housing Act 1996 has never been used. At present it states that rules should be made in accordance with part 1 of schedule 2. It should be amended to delete this provision from schedule 3.This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 3 paragraph 16 | Housing Act 1996 s143N
| I will seek to amend schedule 3 part 2 paragraph 16 as it does not comply with the agreed policy in the concordat relating to the jurisdiction of county courts under the Housing Act 1996 section 143N. This provision has not been used, so it is proposed that it be deleted, rather than just deleting the references to the Lord Chancellor.
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| Schedule 3 paragraph 22 | Criminal Justice Act 2003 s 168
| I will seek to amend schedule 3 part 2 paragraph 22 as it does not comply with the agreed policy in the concordat relating to practice directions. At present it states that the Secretary of State can by order make arrangements for proceedings of Council under the Criminal Justice Act 2003 section 168. It should be amended to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs. This section should also be moved to schedule 1.
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| Schedule 3 paragraph 5 | Rent (Agriculture) Act 1976 s 26(5)
| I will seek to amend schedule 3, part 2, paragraph 5 as it does not comply with the agreed policy in the concordat relating to rules/regulations/orders and practice directions. At present the power to make rules and directions under the Rent (Agriculture) Act 1976 section 26(5) is transferred to the Lord Chief Justice with the concurrence of the Secretary of State for Constitutional Affairs. It should be amended to remove the provision from schedule 3 relating to practice directions, while retaining the reference in schedule 2. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 3 paragraph 7 | Housing Act 1980 s 86(4)
| I will seek to amend schedule 3 part 2 paragraph 7. While it does comply with the agreed policy in the concordat relating to rules regulations and orders, and the making of practice directions. This provision in section 86(4) of the Housing Act 1980 has never been used. At present it states that rules should be made in accordance with part 1 of schedule 2. It should be amended to remove the provision from schedule 3 relating to practice directions, while retaining the reference in schedule 2. This specific amendment is based on the Concordat amendment on rule-making.
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| Schedule 4 paragraph 31 | Tobacco Products Duty Act 1979 s 5(4)
| I will seek to amend schedule 4 paragraph 31 as it does not comply with the agreed policy in the concordat relating to appointments to committees, boards and similar bodies. At present it states that the function of appointing a referee under the Tobacco Products Duty Act 1979 section 5(4) should be transferred to the Secretary of State for Constitutional Affairs. It should be amended to transfer the functions to the Secretary of State for Constitutional Affairs to be exercised with the concurrence of the Lord Chief Justice (when the relevant determination was made in England or Wales); the Lord President of the Court of Session (when the relevant determination was made in Scotland); or the Lord Chief Justice of Northern Ireland (when the relevant determination was made in Northern Ireland). This amendment will also require that additions to schedule 1.
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| Schedule 4 paragraph 28 | Aircraft and Shipbuilding Industries Act 1977 s42(5)(b)
| I will seek to amend the option for removal of the President of the Tribunal to the Secretary of State for Constitutional Affairs with the concurrence of Lord Chief Justice and the Lord Chief Justice for Northern Ireland as the tribunal has an England and Wales and Northern Ireland jurisdiction.
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| Schedule 4 paragraph 37 | Car Tax Act 1983 s 3(5)
| I will seek to amend schedule 4, part 2, paragraph 37 of the Bill relating to s 3(5) of the Car Tax Act 1983. This function deals with the Lord Chancellor's power to appoint a referee for disputes relating to reports of a Commissioner of Customs and Excise. The Bill currently transfers this function to the Secretary of State for Constitutional Affairs, but should be amended to transfer the function to the Secretary of State for Constitutional Affairs to be exercised with the concurrence of Lord Chief Justice. This will bring it in line with the agreed policy in the Concordat relating to appointments. This amendment will also require the additions to schedule 1.
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| Schedule 4 paragraph 56 | Value Added tax Act 1994 sch 12, par 7(3)(a)
| I will seek to amend schedule 4, part 2, paragraph 56 of the Bill as it does not comply with the agreed policy in the concordat relating to appointments. It should be amended to transfer the power to appoint chairmen to the panel to the Secretary of State for Constitutional Affairs.
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| Schedule 4 paragraph 58 | Merchant Shipping Act 1995
| Schedule 4 paragraph 58 relates to the appointment and removal of wreck commissioners. I will seek to amend Schedule 1 to provide that the removal function in section 297 of this Act is transferred to the Secretary of State for Constitutional Affairs, to be exercised with the concurrence of the Lord Chief Justice and the Lord Chief Justice of Northern Ireland, in line with the agreed policy in the concordat relating to complaints and discipline.
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