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Constitutional Reform Act 2005 (c. 4)(The document as of February, 2008) Page 16 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 (4) The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met-- (a) the Lord Chief Justice has consulted the Lord Chancellor; (b) the person to be appointed is one of the following-- (i) the Chancellor of the High Court; (ii) an ordinary judge of the Court of Appeal. (5) A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment. (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 this section. " 331 (1) Section 64 (power to alter judicial titles) is amended as follows. (2) In subsection (2)-- (a) omit "Vice-Chancellor"; (b) insert at the appropriate place-- (i) "Chancellor of the High Court"; (ii) "Deputy Head of Civil Justice"; (iii) "Deputy Head of Criminal Justice"; (iv) "Deputy Head of Family Justice"; (v) "Head of Civil Justice"; (vi) "Head of Criminal Justice"; (vii) "Head of Family Justice"; (viii) "President of the Courts of England and Wales"; (ix) "President of the Queen's Bench Division". (3) After subsection (3) insert-- " (3A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. " (4) In subsection (4)-- (a) omit paragraph (a); (b) for paragraphs (c) and (d) substitute-- " (ba) the President of the Queen's Bench Division, (c) the President of the Family Division, and (d) the Chancellor of the High Court. " (5) 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. " 332 In section 69 (Criminal Procedure Rules), in subsection (4) omit "or alter". 333 (1) Section 70 (Criminal Procedure Rule Committee) is amended as follows. (2) In subsection (1) for paragraph (b) substitute-- " (b) the persons currently appointed in accordance with subsections (1A) and (1B). " (3) After subsection (1) insert-- " (1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2). (1B) The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2). " (4) In subsection (2) for "The Lord Chancellor must appoint" substitute "The persons to be appointed in accordance with subsections (1A) and (1B) are". (5) For subsection (3) substitute-- " (3) Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor. (3A) Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice. " (6) After subsection (5) insert-- " (5A) 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. " 334 (1) Section 71 (power to change certain requirements relating to Committee) is amended as follows. (2) In subsection (1) for paragraph (a) substitute-- " (a) amend section 70(2) or (3A), 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. (3) 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. " 335 (1) Section 72 (process for making Criminal Procedure Rules) is amended as follows. (2) For subsections (3) and (4) substitute-- " (3) The Lord Chancellor may, with the concurrence of the Secretary of State, 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". 336 After section 72 insert-- " 72A Rules to be made if required by Lord Chancellor(1) This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal 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 72. (4) The Lord Chancellor may not give notice under subsection (1) unless the Secretary of State agrees. " 337 (1) Section 73 (power to amend legislation in connection with Criminal Procedure Rules) is amended as follows. (2) That section becomes subsection (1) of section 73. (3) In that subsection after "Secretary of State" insert "and after consulting the Lord Chief Justice". (4) After that subsection insert-- " (2) 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. " 338 In section 75 (Family Procedure Rules), in subsection (5) omit "or alter". 339 (1) Section 77 (Family Procedure Rule Committee) is amended as follows. (2) In subsection (1) for paragraph (b) substitute-- " (b) the persons currently appointed in accordance with subsections (1A) and (1B). " (3) After subsection (1) insert-- " (1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2). (1B) The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2). " (4) In subsection (2) for "The Lord Chancellor must appoint" substitute "The persons to be appointed in accordance with subsections (1A) and (1B) are". (5) In subsection (3) for "under subsection (2), Lord Chancellor must consult" substitute "in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and". (6) Omit subsection (4). (7) In subsection (5) for "under subsection (2)(h) to (m), 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 any of paragraphs (h) to (m) of subsection (2), must also consult". (8) After section (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. " 340 (1) Section 78 (power to change certain requirements relating to Committee) is amended as follows. (2) In subsection (1)(a) after "Lord Chancellor" insert "or Lord Chief Justice". (3) After subsection (1) insert-- " (1A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. " (4) After subsection (2) insert-- " (3) 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. " 341 (1) Section 79 (process for making Family Procedure Rules) 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". 342 After section 79 insert-- " 79A Rules to be made if required by Lord Chancellor(1) This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family 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 79. " 343 (1) Section 80 (power to amend legislation in connection with the rules) is amended as follows. (2) That section becomes subsection (1) of section 80. (3) In that subsection after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,". (4) After that subsection insert-- " (2) 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. " 344 (1) Section 81 (practice directions relating to family proceedings) is amended as follows. (2) In subsection (1), before paragraph (a) insert-- " (za) the civil division of the Court of Appeal, (zb) the High Court, " . (3) After subsection (2) insert-- " (2A) Directions as to the practice and procedure of any relevant court in family proceedings (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules. " (4) In subsection (3) for "magistrates' courts and county courts (or any of them)" substitute "any relevant court". (5) After subsection (4) (inserted by paragraph 9(5) of Schedule 2 to this Act) insert-- " (5) In this section--
345 In section 92 (fees), in subsection (5) for paragraphs (c) and (d) substitute-- " (ba) the President of the Queen's Bench Division; (c) the President of the Family Division; (d) the Chancellor of the High Court; " . 346 (1) Section 102 (power to alter judicial titles: Northern Ireland) is amended as follows. (2) Omit subsection (4). (3) After subsection (6) insert-- " (6A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. (6B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)-- (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). " 347 In section 107 (interpretation), in subsection (6) omit "by the Lord Chancellor". 348 In section 108 (rules, regulations and orders), in subsections (1) and (6) after "Lord Chancellor" insert "or Lord Chief Justice". 349 (1) Section 109 (minor and consequential amendments etc) is amended as follows. (2) After subsection (4) insert-- " (4A) The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)-- (a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales; (b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales. (4B) The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)-- (a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland; (b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland. " (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. (8) 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). " 350 (1) Schedule 1 (constitution and procedure of courts boards) is amended as follows. (2) For paragraph 1 substitute-- " 1 (1) The members of each courts board are to be appointed by the Lord Chancellor. (2) The Lord Chancellor may appoint a member of a description mentioned in paragraph 2(a) only with the concurrence of the Lord Chief Justice. " (3) In paragraph 8 (meaning of regulations) after "Lord Chancellor" insert "after consulting the Lord Chief Justice". (4) After paragraph 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 Schedule. " 351 In Schedule 7 (High Court writs of execution), in paragraph 12(4) (regulations) for paragraphs (c) and (d) substitute-- " (ba) the President of the Queen's Bench Division, (c) the President of the Family Division, (d) the Chancellor of the High Court, and " . Extradition Act 2003 (c. 41)352 The Extradition Act 2003 is amended as follows. 353 (1) Section 67 (the appropriate judge) is amended as follows. (2) In subsection (1)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor". (3) In subsection (1)(c) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor". (4) After subsection (4) insert-- " (5) 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 subsection (1)(a). (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)-- (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). " 354 (1) Section 139 (the appropriate judge) is amended as follows. (2) In subsection (1)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor". (3) In subsection (1)(c) for "Lord Chancellor" substitute "Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor". (4) After subsection (4) insert-- " (5) 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 subsection (1)(a). (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)-- (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). " 355 In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)-- (a) in paragraph (a) for "by the Lord Chancellor" substitute "under section 67"; (b) in paragraph (b) for "by the Lord Chancellor" substitute "under section 139". Criminal Justice Act 2003 (c. 44)356 The Criminal Justice Act 2003 is amended as follows. 357 (1) Section 167 (Sentencing Guidelines Council) is amended as follows. (2) In subsection (1)(b)-- (a) for "Lord Chancellor" substitute "Lord Chief Justice"; (b) for "Lord Chief Justice" substitute "Lord Chancellor". (3) After subsection (9) insert-- " (10) 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. " 358 (1) Section 168 (Sentencing Guidelines Council: supplementary) is amended as follows. (2) In subsection (1) for paragraphs (b) and (c) substitute-- " (b) enabling the Lord Chancellor to remove a judicial member from office, with the concurrence of the Lord Chief Justice, on the grounds of incapacity or misbehaviour, and (c) enabling the Secretary of State to remove a non-judicial member from office on the grounds of incapacity or misbehaviour. " (3) For subsection (2) substitute-- " (1A) The following provisions apply to an order under subsection (1)-- (a) if the order includes provision falling within subsection (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order; (b) if the order includes provision falling within subsection (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision. (1B) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, by order make provision as to the proceedings of the Council. " (4) 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 (1B). " 359 (1) Section 330 (orders and rules) is amended as follows. (2) In subsection (1)(b) after "Lord Chancellor" insert "or the Lord Chief Justice". (3) After subsection (2) insert-- " (2A) Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown. " Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/ 1861)360 In regulation 4 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (President of Employment Tribunals), after paragraph (5) insert-- " (5A) Where the Lord Chancellor is the appointing office holder, he may revoke an appointment in accordance with paragraph (5) only with the concurrence of the Lord Chief Justice. " Part 2 Amendments of or relating to enactments repealed or amended otherwise than by this ActIntroduction361 (1) This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts. (2) In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the "original amending provision". (3) An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule. Promissory Oaths Act 1871 (c. 48)362 (1) Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) is amended as follows. (2) In the paragraph beginning "In England" for "Lord High Chancellor of Great Britain" substitute "Lord Chief Justice of England and Wales". (3) After that paragraph insert-- " 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 the preceding paragraph. " (4) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39). Children and Young Persons Act 1933 (c. 12)363 (1) Schedule 2 to the Children and Young Persons Act 1933 (constitution of youth courts) is amended as follows. (2) In paragraph 6-- (a) in paragraph (a)-- (i) after "he may" insert "after consulting the Lord Chief Justice"; (ii) after "thinks fit" insert "after consulting the Lord Chief Justice"; (b) in paragraph (b)-- (i) after "may" insert ", after consulting the Lord Chief Justice,"; (ii) after "thinks fit" insert ", after consulting the Lord Chief Justice,". (3) In paragraph 14 after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,". (4) In paragraph 15(b)-- (a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,"; (b) for "order of the Lord Chancellor" substitute "order made by the Lord Chief Justice after consulting the Lord Chancellor". (5) In paragraph 16 for "consent of the Lord Chancellor," substitute "consent of the Lord Chief Justice, given after consulting the Lord Chancellor,". (6) In paragraph 18-- (a) for "Lord Chancellor" in the first place substitute "Lord Chief Justice"; (b) for "Lord Chancellor" in the second place substitute "Lord Chief Justice, after consulting the Lord Chancellor". (7) After paragraph 21 insert-- " 22 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 Schedule. " (8) In relation to the enactments referred to in this paragraph, the original amending provision is Schedule 10 to the Courts Act 2003. Pensions Appeal Tribunals Act 1943 (c. 39)364 (1) Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows. (2) In subsection (2)-- (a) for "a judge of the High Court nominated for the purpose by the Lord Chancellor" substitute "the relevant judicial authority"; (b) for "judge so nominated" substitute "relevant judicial authority"; (c) for "that judge" substitute "that authority". (3) After subsection (2) insert-- " (2ZA) In subsection (2) "relevant judicial authority" means-- (a) in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in relation to Scotland, the Court of Session; (c) in relation to Northern Ireland, the Court of Appeal in Northern Ireland. (2ZB) 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 subsection (2ZA)(a). " (4) After subsection (4) insert-- " (5) In the application of subsection (2) in relation to Northern Ireland, "rules of court" means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978. " (5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32). Maintenance Orders Act 1950 (c. 37)365 (1) In section 25(1) of the Maintenance Orders Act 1950 (power to make rules about procedure under section 144 of the Magistrates' Court Act 1980), for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales". (2) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 91(2) of Schedule 8 to the Courts Act 2003. Courts Act 1971 (c. 23)366 (1) In section 27 of the Courts Act 1971, in the definition of "the senior judges" in subsection (9) for "the Vice-Chancellor and the President of the Family Division" substitute "the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court". (2) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 139(a) of Schedule 8 to the Courts Act 2003. Restrictive Practices Court Act 1976 (c. 33)Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 -- Back --
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