Constitutional Reform Act 2005 (c. 4)

(The document as of February, 2008)

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(4) After subsection (3) insert--

" (3A) The Lord Chief Justice must not make an appointment under subsection (3) unless--

(a) he has consulted the Lord Chancellor, and

(b) the Lord President of the Court of Session agrees. "

(5) After subsection (4) insert--

" (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b). "

247 (1) Section 23 (temporary membership) is amended as follows.

(2) In subsection (1) for "Lord Chancellor" substitute "Lord Chief Justice".

(3) In subsection (2)(a) for "Lord Chancellor" substitute "Lord Chief Justice".

(4) After subsection (5) insert--

" (6) The functions conferred on the Lord Chief Justice by the preceding provisions of this section may be exercised only after consulting the Lord Chancellor.

(7) The functions conferred on the Lord Chancellor by subsection (3) may be exercised only after consultation with the Lord Chief Justice.

(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

248 (1) Section 24 (temporary additional judicial membership) is amended as follows.

(2) For subsection (1) substitute--

" (1) This section applies if both of the following conditions are met--

(a) the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal;

(b) the Lord Chancellor requests the Lord Chief Justice to make such an appointment.

(1A) The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a).

(1B) An appointment under this section is--

(a) for such period, or

(b) on such occasions,

as the Lord Chief Justice determines, after consulting the Lord Chancellor. "

(3) In subsection (2) for "subsection (1)" substitute "this section".

(4) After subsection (3) insert--

" (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

249 In section 25 (tenure of appointed members) after subsection (4) insert--

" (5) The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge.

(6) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session. "

Arbitration Act 1996 (c. 23)

250 In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and county court), after subsection (3) insert--

" (3A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales or the Lord Chief Justice of Northern Ireland (as the case may be) before making an order under this section.

(3B) 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) to exercise his functions under this section.

(3C) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section--

(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). "

Criminal Procedure and Investigations Act 1996 (c. 25)

251 In section 19 of the Criminal Procedure and Investigations Act 1996 (rules of court), in subsection (3) for the words from "with any modifications" to the end substitute "or such provision with modifications".

Family Law Act 1996 (c. 27)

252 The Family Law Act 1996 is amended as follows.

253 (1) Section 57 (jurisdiction of the courts) is amended as follows.

(2) In subsections (3), (4) and (5) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

(3) In subsection (7) after "Lord Chancellor thinks appropriate" insert ", after consulting the Lord Chief Justice".

(4) In subsection (9) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

(5) In subsection (10) after "Lord Chancellor thinks expedient" insert ", after consulting the Lord Chief Justice,".

(6) After subsection (11) insert--

" (12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

254 (1) Section 61 (appeals) is amended as follows.

(2) In subsection (5) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

(3) After subsection (6) insert--

" (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

Defamation Act 1996 (c. 31)

255 In section 9 of the Defamation Act 1996 (meaning of summary relief), after subsection (2) insert--

" (2A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making any order under subsection (1)(c) in relation to England and Wales.

(2B) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland.

(2C) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(2D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section--

(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). "

Housing Act 1996 (c. 52)

256 The Housing Act 1996 is amended as follows.

257 In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

258 In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).

Education Act 1996 (c. 56)

259 In section 334 of the Education Act 1996 (Special Educational Needs Tribunal: President and members), in subsection (3)--

(a) after "Lord Chancellor" in the first place insert "and of the Lord Chief Justice";

(b) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)

260 In the Schedule (model rules for appeals) to the Deregulation (Model Appeal Provisions) Order 1996, after paragraph 6(3) insert--

" (3A) The Lord Chancellor may exercise his power under sub-paragraph (3) to remove a person appointed to the panel of chairmen for England and Wales only with the concurrence of the Lord Chief Justice. "

Civil Procedure Act 1997 (c. 12)

261 The Civil Procedure Act 1997 is amended as follows.

262 In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit "or alter".

263 (1) Section 2 (Civil Procedure Rule Committee) is amended as follows.

(2) For subsection (1) substitute--

" (1) Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons--

(a) the Head of Civil Justice;

(b) the Deputy Head of Civil Justice (if there is one);

(1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2).

(1B) The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2). "

(3) In subsection (2) for "The Lord Chancellor must appoint" substitute "The persons to be appointed in accordance with subsections (1A) and (1B) are".

(4) For subsection (3) substitute--

" (3) Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor. "

(5) In subsection (4) for "under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult" substitute "in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult".

(6) After subsection (8) insert--

" (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

264 (1) Section 2A (power to change certain requirements relating to Committee) is amended as follows.

(2) In subsection (1) for paragraph (a) substitute--

" (a) amend section 2(2), (3) or (4), and " .

(3) For subsection (2) substitute--

" (2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

(2A) Before making an order under this section the Lord Chancellor must consult the following persons--

(a) the Head of Civil Justice;

(b) the Deputy Head of Civil Justice (if there is one).

(2B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

265 (1) Section 3 (process for making Civil Procedure rules) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.

(2) For subsections (3) and (4) substitute--

" (3) The Lord Chancellor may allow or disallow Rules so made.

(4) If the Lord Chancellor disallows Rules, he must give the Committee written reasons for doing so. "

(3) In subsection (5) for ", as allowed or altered" substitute "and allowed".

(4) In subsection (6) omit "Subject to subsection (7),".

(5) Omit subsection (7).

266 After section 3 insert--

" 3A Rules to be made if required by Lord Chancellor

(1) This section applies if the Lord Chancellor gives the Civil Procedure Rules Committee written notice that he thinks it is expedient for Civil Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2) The Committee must make such Rules as it considers necessary to achieve the specified purpose.

(3) Those rules must be--

(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b) made in accordance with section 3. "

267 (1) Section 4 (power to make consequential amendments) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.

(2) In subsections (1) and (2) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

(3) After subsection (5) insert--

" (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2). "

268 (1) Section 6 (Civil Justice Council) is amended as follows.

(2) After subsection (2) insert--

" (2A) The Lord Chancellor must decide the following questions, after consulting the Lord Chief Justice--

(a) how many members of the Council are to be drawn from each of the groups mentioned in subsection (2);

(b) how many other members the Council is to have.

(2B) It is for--

(a) the Lord Chief Justice to appoint members of the judiciary to the Council, after consulting the Lord Chancellor;

(b) the Lord Chancellor to appoint other persons to the Council. "

(3) After subsection (4) insert--

" (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

Plant Varieties Act 1997 (c. 66)

269 (1) Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds Tribunal) is amended as follows.

(2) In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".

(3) In paragraph 5 (duration of appointment)--

(a) in sub-paragraph (5) for "paragraph 2, 3 or 4" substitute "paragraph 2 or 3";

(b) after sub-paragraph (5) insert--

" (5A) Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales. "

(4) In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets substitute "(which makes it necessary to obtain the concurrence of the Lord Chancellor and certain judicial office holders to dismissals in certain cases)".

(5) In paragraph 16 (interpretation), in paragraph (c) of the definition of "appointing authority" for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".

Reserve Forces Appeal Tribunals Rules 1997 (S.I. 1997/798)

270 (1) Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 (acknowledgement and registration of appeal and request to select tribunal) is amended as follows.

(2) In sub-paragraph (c), for the words from "Lord Chancellor" to "Northern Ireland" substitute "person who under section 92(2) of the Act is authorised to do so,".

Social Security Act 1998 (c. 14)

271 The Social Security Act 1998 is amended as follows.

272 (1) Section 6 (panel for appointment to appeal tribunals) is amended as follows.

(2) In subsection (2) for the words from "such" to the end substitute "persons appointed by the Lord Chancellor".

(3) After subsection (3) insert--

" (3A) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer. "

(4) In subsection (5) after "misbehaviour" insert "; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge".

(5) After subsection (5) insert--

" (5A) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session. "

273 In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph 1(3) (tenure of office) after "by the Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session,".

274 In Schedule 4 (Social Security Commissioners), in paragraph 5 (removal) after sub-paragraph (1) insert--

" (1A) The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge.

(1B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session. "

Data Protection Act 1998 (c. 29)

275 (1) Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as amended by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36)) is amended as follows.

(2) In paragraph 2 (designation of persons to hear appeals in national security cases), after sub-paragraph (2) insert--

" (3) The Lord Chancellor may make, or revoke, a designation under this paragraph only with the concurrence of all of the following--

(a) the Lord Chief Justice;

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

(4) 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) to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph.

(5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph--

(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). "

(3) In paragraph 3 (constitution of Tribunal in national security cases) (as substituted by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000)--

(a) that paragraph becomes sub-paragraph (1) of paragraph 3;

(b) after that sub-paragraph insert--

" (2) The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following--

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

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

(3) 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) to exercise his functions under this paragraph.

(4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph--

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

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

Crime and Disorder Act 1998 (c. 37)

276 The Crime and Disorder Act 1998 (powers of magistrates' courts exercisable by single justice etc) is amended as follows.

277 (1) Section 10 (appeals against parenting orders) is amended as follows.

(2) In subsection (6) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

(3) After subsection (7) insert--

" (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

Human Rights Act 1998 (c. 42)

278 In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert--

" (7A) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)--

(a) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales;

(b) before making the order, that person must consult the Lord Chief Justice of England and Wales.

(7B) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)--

(a) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland;

(b) before making the order, that person must consult the Lord Chief Justice of Northern Ireland.

(7C) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(7D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section--

(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). "

Access to Justice Act 1999 (c. 22)

279 The Access to Justice Act 1999 is amended as follows.

280 (1) Section 56 (power to prescribe alternative destination of appeals) is amended as follows.

(2) In subsection (4) for paragraphs (c) and (d) substitute--

" (c) the President of the Queen's Bench Division,

(d) the President of the Family Division, and

(e) the Chancellor of the High Court. "

(3) After subsection (7) insert--

" (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. "

281 (1) Section 68 (judges holding office in European or international courts) is amended as follows.

(2) In subsection (2), in the definition of "relevant international court" for "for the purposes of this section by the Lord Chancellor or the Secretary of State" substitute "in relation to the holder of a United Kingdom judicial office by the appropriate Minister".

(3) In subsection (6) for "subsection (5)" substitute "this section".

(4) After subsection (7) insert--

" (8) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.

(9) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.

(10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).

(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)--

(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). "

282 (1) Section 69 (Vice-President of Queen's Bench division) is amended as follows.

(2) In subsection (1) for "Lord Chancellor may" substitute "Lord Chief Justice may, after consulting the Lord Chancellor,".

(3) After subsection (1) insert--

" (1A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1). "

Immigration and Asylum Act 1999 (c. 33)

283 The Immigration and Asylum Act 1999 is amended as follows.

284 (1) Section 53 (applications for bail in immigration cases) is amended as follows.

(2) After subsection (6) insert--

" (6A) In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval.

(6B) In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before giving his approval. "

(3) After subsection (7) insert--

" (8) 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) to exercise his functions under this section.

(9) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section--

(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). "

285 In Schedule 7 (Immigration Services Tribunal), in paragraph 3 (terms and conditions of appointment of members) after sub-paragraph (4) insert--

" (5) The Lord Chancellor may dismiss a person under sub-paragraph (4) only with the concurrence of the appropriate senior judge.

(6) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless--

(a) the person to be dismissed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b) that person exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland. "

Financial Services and Markets Act 2000 (c. 8)

286 (1) Schedule 13 (Financial Services and Markets Tribunal) of the Financial Services and Markets Act 2000 is amended as follows.

(2) In paragraph 2 (president of the tribunal), after sub-paragraph (7) insert--

" (8) The Lord Chancellor may appoint a person under sub-paragraph (7)(b) only after consulting the following--

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

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

(9) 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) to exercise his functions under this paragraph.

(10) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph--

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

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

(3) In paragraph 4 (terms of office), after sub-paragraph (2) insert--

" (2A) The Lord Chancellor may remove a person under sub-paragraph (2) only with the concurrence of the appropriate senior judge.

(2B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless--

(a) the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b) the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland. "

(4) In paragraph 8 (sittings) after "Lord Chancellor may" insert ", after consulting the President of the Financial Services and Markets Tribunal,".

Terrorism Act 2000 (c. 11)

287 The Terrorism Act 2000 is amended as follows.

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