Constitutional Reform Act 2005 (c. 4)

(The document as of February, 2008)

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(d) the Lord Chief Justice of Northern Ireland (unless the tribunal is to consider his removal) " .

117 (1) Section 9 (appointment of lay magistrates) is amended as follows.

(2) In paragraph (a) of subsection (2) for the words from "approved by" to the end of the paragraph substitute "approved by the Lord Chief Justice after consultation with the Lord Chancellor, or".

(3) In subsection (3) for the words from "such longer period" to the end substitute "such longer period as the Lord Chief Justice may, after consulting the Lord Chancellor, allow."

(4) In subsection (4) after "may" insert ", after consultation with the Lord Chief Justice,".

(5) In subsection (5) after "unless" insert ", after consultation with the Lord Chief Justice,".

118 In section 10 (transfer of functions of justices of the peace), in subsection (4) after "Lord Chancellor may" insert ", after consultation with the Lord Chief Justice,".

119 In section 12 (role of the Lord Chief Justice), omit subsections (2) and (3).

120 (1) In section 24 (removal of Attorney General), in subsection (5) after "Lord Chancellor" insert " after consultation with all of the following--

(a) the President of the Supreme Court;

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

(d) the Lord Chief Justice of Northern Ireland " .

121 In section 43 (appointment and removal of Director of Public Prosecutions), in subsection (6) after "Lord Chancellor" insert

" after consultation with all of the following--

(a) the President of the Supreme Court;

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

(d) the Lord Chief Justice of Northern Ireland " .

122 (1) Schedule 1 (listed judicial offices) is amended as follows.

(2) After the entry "Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland" insert--

" Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) " .

(3) For the entry "Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland" and the entry inserted by sub-paragraph (2) above substitute--

" Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) " .

(4) Before the entry "Member of the panel of chairmen of the Fair Employment Tribunal" insert--

" Member of the panel of chairmen of the Industrial Tribunals " .

(5) At the end of the Schedule insert--

" Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269)

Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland

Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland

Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985)

Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland

Member of the panel of chairmen of VAT tribunals for Northern Ireland

General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970) " .

123 (1) Schedule 3 (appointment to listed judicial offices) is amended as follows.

(2) In paragraph 25, for sub-paragraph (3) substitute--

" (3) In paragraph (2), for "Lord Chancellor" substitute "First Minister and deputy First Minister, acting jointly " .

(3) In paragraph 30 for the words from the beginning to "effect" substitute "The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004 (S.R. 2004 No 164) have effect".

(4) In paragraph 31 for "regulation 2(2)" substitute "regulation 2(1)".

(5) In paragraph 32 for "regulation 4(1)" substitute "regulation 4(6)".

(6) Omit paragraph 33.

124 (1) Schedule 4 (functions of justices of the peace) is amended as follows.

(2) In paragraph 4 (amendment of Schedule by order), after "Lord Chancellor may" insert ", after consultation with the Lord Chief Justice,".

(3) In paragraph 5 (consequential amendments by order) after "Lord Chancellor may" insert ", after consultation with the Lord Chief Justice,".

(4) After paragraph 5 insert--

" 5A The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5--

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

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

125 Omit Schedule 5 (transfer of functions to Lord Chief Justice).

126 (1) Schedule 6 (office-holders required to take judicial oath) is amended as follows.

(2) After the entry "Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland" insert--

" Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) " .

(3) For the entry "Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland" and the entry inserted by sub-paragraph (2) above substitute--

(4) Before the entry "Member of the panel of chairmen of the Fair Employment Tribunal" insert--

" Member of the panel of chairmen of the Industrial Tribunals " .

(5) At the end of the Schedule insert--

" Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269).

Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland

Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland

Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland

Member of the panel of chairmen of VAT tribunals for Northern Ireland

General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970) " .

127 In Schedule 12 (minor and consequential amendments), after paragraph 81 insert--

" Constitutional Reform Act 2005

82 Omit sections 133 to 136 of the Constitutional Reform Act 2005 (judicial removals: Northern Ireland). "

128 (1) Schedule 13 (repeals and revocations) is amended as follows.

(2) Omit--

(a) the entry relating to the County Courts (Northern Ireland) Order 1980 (1980/397 (N.I. 3));

(b) the entry relating to Article 168 of the Magistrates' Courts (Northern Ireland) Order 1981.

(3) After the entries relating to the Justice (Northern Ireland) Act 2002 insert--

" Constitutional Reform Act 2005

Sections 133 to 136. "

Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))

129 (1) In Schedule 2 to the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (the Care Tribunal), paragraph (1) (composition of Care Tribunal) is amended as follows.

(2) For sub-paragraph (2)(a) substitute--

" (a) a chairman nominated from the chairmen's panel by the Lord Chief Justice after consultation with the First Minister and deputy First Minister; and " .

(3) After sub-paragraph (2) insert--

" (2A) The Lord Chief Justice 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). "

(4) In paragraph (3) (tenure of office), omit sub-paragraph (3).

Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 (S.R. 2004/165)

130 (1) Regulation 5 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 (panels of chairmen and members of tribunals) is amended as follows.

(2) In paragraph (1)(a), for "the Department" substitute "the Lord Chancellor".

(3) In paragraph (2), for "to the Department" substitute "to the Lord Chancellor, in the case of a member of the panel of chairmen, or to the Department, in any other case,".

Part 2 Amendments relating to enactments repealed or amended otherwise than by this Act

Introduction

131 (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.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

132 (1) Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.

(2) In paragraph 1 (juvenile court panels)--

(a) in sub-paragraph (3) for "Lord Chancellor" in each place substitute "Lord Chief Justice";

(b) after sub-paragraph (3) insert--

" (3A) The Lord Chief Justice may approve a course of training, or allow a longer period for completion of a course, only after consultation with the Lord Chancellor. "

(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 86 of, and Schedule 13 to, the Justice (Northern Ireland) Act 2002 (c. 26).

Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))

133 (1) Article 27 of the Administration of Estates (Northern Ireland) Order 1979 (depositories of wills of living persons) is amended as follows.

(2) That Article becomes paragraph (1) of Article 27.

(3) In that paragraph, for "the directions of the Lord Chancellor" substitute "directions given by the Lord Chief Justice with the concurrence of the Lord Chancellor".

(4) After that paragraph insert--

" (2) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article--

(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). "

(5) In relation to the enactment referred to in this paragraph, the original amending provision is section 75 of, and Part 2 of Schedule 9 to, the Administration of Justice Act 1982 (c. 53).

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 14))

134 (1) Article 46 of the County Courts (Northern Ireland) Order 1980 (county court rules committee) is amended as follows.

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

(3) After paragraph (1) insert--

" (1A) The Lord Chief Justice must consult the Lord Chancellor before making an appointment under paragraph (1)(b), (c), (e) or (f). "

(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 73(2) of the Justice (Northern Ireland) Act 2002 (c. 26).

Section 18

SCHEDULE 6 Speakership of the House of Lords

Clerk of the Parliaments Act 1824 (c. 82)

1 (1) For the title to section 3 of the Clerk of the Parliaments Act 1824 substitute "Appointment of other clerks officiating at the table".

(2) In section 3 for "the lord chancellor or speaker of the House of Lords for the time being" substitute "the Speaker of the House of Lords".

Parliamentary Papers Act 1840 (c. 9)

2 In section 1 of the Parliamentary Papers Act 1840 (proceedings against persons for publication of Parliamentary papers) for the words from "the lord high chancellor" to "the time being" substitute "the Speaker of the House of Lords".

Church of England Assembly (Powers) Act 1919 (c. 76)

3 In section 2(2) of the Church of England Assembly (Powers) Act 1919 (members of Ecclesiastical Committee of both Houses of Parliament), for "the Lord Chancellor" in both places substitute "the Speaker of the House of Lords".

Statutory Instruments Act 1946 (c. 36)

4 (1) The Statutory Instruments Act is amended as follows.

(2) In section 4(1) (statutory instruments required to be laid before Parliament) for "to the Lord Chancellor and to the Speaker of the House of Commons" substitute "to the Speaker of the House of Commons and the Speaker of the House of Lords".

(3) In section 8(1) (regulations for the purposes of the Act) for "the Lord Chancellor and the Speaker of the House of Commons" in each place substitute "the Speaker of the House of Commons and the Speaker of the House of Lords".

Laying of Documents Before Parliament (Interpretation) Act 1948 (c. 59)

5 (1) For the title to section 2 of the Laying of Documents Before Parliament (Interpretation) Act 1948 substitute "Statutory Instruments Act 1946, s.4: notification during vacancy of office of Speaker of either House".

(2) In section 2--

(a) for "to the Lord Chancellor and to the Speaker of the House of Commons" substitute "to the Speaker of the House of Commons and the Speaker of the House of Lords";

(b) for "of the Lord Chancellor or of the Speaker" substitute "of the Speaker of the House of Commons or the Speaker of the House of Lords".

Consolidation of Enactments (Procedure) Act 1949 (c. 33)

6 (1) Section 1 of the Consolidation of Enactments (Procedure) Act 1949 (procedure for making corrections and minor improvements) is amended as follows.

(2) In subsection (3) for "the Lord Chancellor and the Speaker of the House of Commons" substitute "the Speaker of the House of Commons and the Speaker of the House of Lords".

(3) In subsection (4)--

(a) for "the Lord Chancellor and the Speaker" substitute "the Speaker of the House of Commons and the Speaker of the House of Lords";

(b) for "of the Lord Chancellor and of the Speaker" substitute "of the Speaker of the House of Commons and the Speaker of the House of Lords".

(4) In subsection (5) for "the Lord Chancellor nor the Speaker" substitute "the Speaker of the House of Commons nor the Speaker of the House of Lords".

(5) In subsections (6) and (7) for "of the Lord Chancellor and of the Speaker" substitute "of the Speaker of the House of Commons and the Speaker of the House of Lords".

Exchequer and Audit Departments Act 1957 (c. 45)

7 In section 2 of the Exchequer and Audit Departments Act 1957 (performance of Comptroller's functions by authorised officer), for subsection (3)(a) substitute--

" (a) shall extend only to accounts in respect of which (as the case may be)--

(i) the Speaker of the House of Commons has certified to the House of Commons, or

(ii) the Speaker of the House of Commons has certified to the House of Commons and the Speaker of the House of Lords has certified to the House of Lords,

that the Comptroller is unable to do so himself; and " .

Ministerial and other Salaries Act 1975 (c. 27)

8 In section 2(3) of the Ministerial and other Salaries Act 1975 (question as to who is Leader of the Opposition in the House of Lords) for "the Lord Chancellor" substitute "the Speaker of the House of Lords".

Section 19

SCHEDULE 7 Protected functions of the Lord Chancellor

1 Any function of the Lord Chancellor that relates to the custody or use of the Great Seal of the United Kingdom.

2 Any function of the Lord Chancellor under this Act.

3 Any function of the Lord Chancellor under another enactment, if the function is conferred or modified by an amendment made by this Act.

4 Any function of the Lord Chancellor under these provisions--

A: GENERAL

Sheriffs Act 1887 (c. 55)
Section 20

Law of Distress Amendment Act 1888 (c. 21)
Section 8

Stamp Act 1891 (c. 39)
Section 13A

War Pensions (Administrative Provisions) Act 1919 (c. 53)
The Schedule, paragraphs 1, 2, 3, 8 and 9

Administration of Justice Act 1925 (c. 28)
Section 22(4)

Children and Young Persons Act 1933 (c. 12)
Schedule 2, paragraphs 4, 5, 11, 12 and 20

Compensation (Defence) Act 1939 (c. 75)
Section 8

London Building Acts (Amendment) Act 1939 (c. xcvii)
Section 109(2)

Pensions Appeal Tribunals Act 1943 (c. 39)
The Schedule, paragraphs 2(1), 2A, 2B, 3C and 5

Coal Industry Nationalisation Act 1946 (c. 59)
Section 61(1)
Section 64(10)

Agriculture Act 1947 (c. 48)
Schedule 9

Commonwealth Telegraphs Act 1949 (c. 39)
Section 6(4)

Lands Tribunal Act 1949 (c. 42)
Section 2
Section 3

National Health Service (Amendment) Act 1949 (c. 93)
Section 7(6)
Section 9(4)(a)

National Parks and Access to the Countryside Act 1949 (c. 97)
Section 18(3)

Foreign Compensation Act 1950 (c. 12)
Section 1(1)
Section 4

Courts-Martial (Appeals) Act 1951 (c. 46)
Section 28
Section 30
Section 31(4)
Section 32
Section 33

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
Section 5

Agriculture (Miscellaneous Provisions) Act 1954 (c. 39)
Section 6(6)

Landlord and Tenant Act 1954 (c. 56)
Section 63(6)(c)

Land Powers (Defence) Act 1958 (c. 30)
Schedule 2, paragraphs 4(3) and (4)

Land Compensation Act 1961 (c. 33)
Section 3

Transport Act 1962 (c. 46)
Schedule 6, paragraph 3(4)

Betting, Gaming and Lotteries Act 1963 (c. 2)
Section 29

Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1)
Section 2(1A)
Section 3

Industrial and Provident Societies Act 1965 (c. 12)
Section 69

Commons Registration Act 1965 (c. 64)
Section 17(1) and (3)

Superannuation Act 1965 (c. 74)
Section 39A

Courts-Martial (Appeals) Act 1968 (c. 20)
Section 2
Section 5
Section 7(2)
Section 30

Countryside Act 1968 (c. 41)
Section 15A(3)

Hearing Aid Council Act 1968 (c. 50)
Section 5(3)
Section 6(4)
Section 10(6)
Section 13

Transport Act 1968 (c. 73)
Schedule 4, paragraph 13(3)

Taxes Management Act 1970 (c. 9)
Section 2
Section 2A
Section 3
Section 3A
Section 4(1), (3) and (6)
Section 4A(1) and (6)
Section Drugs Act 1971 (c. 38)
Schedule 3, paragraphs 1(1), 3 and 4 and, in the table in paragraph 21, the entry for paragraph 1

Immigration Act 1971 (c. 77)
Section 22

Administration of Justice Act 1973 (c. 15)
Sections 9 and 12

Juries Act 1974 (c. 23)
Section 2
Section 3(1)
Section 5(1)
Section 8
Section 19
Section 21
Section 23(2)

Industry Act 1975 (c. 68)
Schedule 3, paragraphs 4(1)(a) and 17

Armed Forces Act 1976 (c. 52)
Section 6(3), (4), (8) and (11)

Aircraft and Shipbuilding Industries Act 1977 (c. 3)
Section 42
Schedule 7, paragraph 5(1)

National Health Service Act 1977 (c. 49)
Schedule 9A, paragraphs 1,2, 4, 6, 15, 16 and 21

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
Section 2(3)

Customs and Excise Management Act 1979 (c. 2)
Schedule 3, paragraph 17(4)

Magistrates' Courts Act 1980 (c. 43)
Section 137
Section 144(2) and (3)

Judicial Pensions Act 1981 (c. 20)
Section 3
Section 5
Section 7
Section 10
Section 11
Section 13
Section 13A
Section 14A
Section 23
Section 29B
Section 32A
Section 33A
Schedule 1, paragraph 3(3)
Schedule 1A, paragraphs 2 and 11
Schedule 2, paragraph 2(2)

British Telecommunications Act 1981 (c. 38)
Schedule 2, paragraph 12(3)

Supreme Court Act 1981 (c. 54)
Section 9(8)
Section 11(7) and (8)
Section 12
Section 54(3)
Section 57(4)(a)
Section 71(4)(a)
Section 74
Section 75
Section 91(6)
Section 92(1) and (3A)
Section 98
Section 102(1)
Section 126
Section 133
Section 140(4)

Wildlife and Countryside Act 1981 (c. 69)
Section 28N(3)

Transport Act 1982 (c. 49)
Section 66(4)(a)

Administration of Justice Act 1982 (c. 53)
Section 25(3)(a) and (c)

Mental Health Act 1983 (c. 20)
Section 78
Section 143(1)
Schedule 2, paragraphs 1, 2 and 3

Car Tax Act 1983 (c. 53)
Section 3(5)

County Courts Act 1984 (c. 28)
Section 8(1) and (3)
Section 12(1)
Section 128
Section 130

Matrimonial and Family Proceedings Act 1984 (c. 42)
Section 37

Ordnance Factories and Military Services Act 1984 (c. 59)
Schedule 1, paragraph 2(5)

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
Schedule 2, paragraph 2(1)(a)

Transport Act 1985 (c. 67)
Schedule 4, paragraphs 2(1)(a), 3(4) and (5), 6, 7, 15 and 16

Landlord and Tenant Act 1985 (c. 70)
Section 29(4)

Agricultural Holdings Act 1986 (c. 5)
Schedule 11, paragraph 1(5 (c. 1)
Section 706(1)

Coroners Act 1988 (c. 13)
Section 17A

Criminal Justice Act 1988 (c. 33)
Schedule 12

Education Reform Act 1988 (c. 40)
Schedule 10, paragraph 9(4)

Copyright, Designs and Patents Act 1988 (c. 48)
Section 145(2)
Section 146(6)
Section 150
Section 291(5)
Section 292

Electricity Act 1989 (c. 29)
Schedule 10, paragraph 9(2)(a)

Children Act 1989 (c. 41)
Section 104(1)

Broadcasting Act 1990 (c. 42)
Schedule 9, paragraph 5(5)(a)

Town and Country Planning Act 1990 (c. 8)
Section 20(5)

Courts and Legal Services Act 1990 (c. 41)
Section 1
Section 72

Child Support Act 1991 (c. 48)
Section 8
Section 22
Section 24
Section 25
Section 52(1)
Schedule 4, paragraphs 1(3), 2(1) and (2), 2A(1), 4(1), 4A(1) and 7

Ports Act 1991 (c. 52)
Schedule 2, paragraph 11(5)

Land Drainage Act 1991 (c. 59)
Section 31(1)

Armed Forces Act 1991 (c. 62)
Schedule 1

Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1)
Section 25(2)(a)

Social Security Administration Act 1992 (c. 5)
Section 24
Section 41(4)(c)
Section 43(5)(c)
Section 50(4)(c)
Section 51(1)
Section 52(2)
Section 58
Schedule 2, paragraph 6

Further and Higher Education Act 1992 (c. 13)
Schedule 5, paragraph 7(4)

Finance (No. 2) Act 1992 (c. 48)
Section 75

Tribunals and Inquiries Act 1992 (c. 53)
Section 6(2), (8) and (9)
Section 9
Section 13
Section 15
Section 16(2)
Schedule 5, paragraph 7(4)

Judicial Pensions and Retirement Act 1993 (c. 8)
Section 1
Section 2
Section 3
Section 9
Section 10
Section 11
Section 12
Section 13
Section 19
Section 20
Section 21
Section 26(5), (6) and (9)
Section 31
Schedule 2, paragraphs 2, 11, 12 and 13
Schedule 2A, paragraphs 1 and 2
Schedule 5, as it applies in relation to the office of chairman or other member of Rent Assessment Committees
Schedule 7, paragraph 2

Coal Industry Act 1994 (c. 21)
Schedule 2, paragraph 8(6)(a)

Value Added Tax Act 1994 (c. 23)
Schedule 12, paragraphs 2(2) and (3), 3(2), (4), (5), (6) and (8), 4(2), 7(8) and (10), and 9

Trade Marks Act 1994 (c. 26)
Section 77

Merchant Shipping Act 1995 (c. 21)
Section 297(1)

Atomic Energy Authority Act 1995 (c. 37)
Schedule 1, paragraph 10(6)(a)

Employment Tribunals Act 1996 (c. 17)
Section 3
Section 22(1)(c) and (2)
Section 27
Section 30

Section 119(3)

Broadcasting Act 1996 (c. 55)
Schedule 5, paragraph 8(6)(a)

Education Act 1996 (c. 56)
Section 333(3)

School Inspections Act 1996 (c. 57)
Schedule 2, paragraph 1(1)(a)

Civil Procedure Act 1997 (c. 12)
Section 3
Section 6

Justices of the Peace Act 1997 (c. 25)
Section 10
Section 10A(1)
Section 10B(1)
Section 27B
Section 29
Section 30
Section 30B
Section 30C
Section 31
Section 32A
Section 34

Finance (No. 2) Act 1997 (c. 58)
Schedule 2, paragraph 11(2)

Plant Varieties Act 1997 (c. 66)
Schedule 3, paragraphs 2(1), 13 and 16

Special Immigration Appeals Commission Act 1997 (c. 68)
Section 5
Section 8
Schedule 1, paragraphs 1, 2, 3 and 4

Social Security Act 1998 (c. 14)
Section 5(1)
Section 6(1) to (4)
Section 79
Schedule 4, paragraphs 1(2), 2, 3, 6 and 8

Data Protection Act 1998 (c. 29)
Section 6(4)

Crime and Disorder Act 1998 (c. 37)
Section 51
Section 51D
Section 81

Human Rights Act 1998 (c. 42)
Schedule 4

Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2)
Section 13

Protection of Children Act 1999 (c. 14)
The Schedule, paragraphs 2(1) and (3), and 3

Finance Act 1999 (c. 16)
Schedule 17, paragraph 11

Greater London Authority Act 1999 (c. 29)
Section 189(6)

Welfare Reform and Pensions Act 1999 (c. 30)
Section 43

Immigration and Asylum Act 1999 (c. 33)
Section 53(6)
Schedule 7, paragraphs 1 and 2

Financial Services and Markets Act 2000 (c. 8)
Schedule 13, paragraphs 2, 3(1) and (4), 4, 5, 6 and 9

Terrorism Act 2000 (c. 11)
Schedule 3, paragraphs 1, 2, 3 and 5

Child Support, Pensions and Social Security Act 2000 (c. 19)
Schedule 7, paragraph 20

Local Government Act 2000 (c. 22)
Section 75
Section 76(11)

International Criminal Court Act 2001 (c. 17)
Schedule 1, paragraph 7

Anti-terrorism, Crime and Security Act 2001 (c. 24)
Schedule 6, paragraphs 1, 2, 3 and 5

Land Registration Act 2002 (c. 9)
Section 107(1)
Schedule 9, paragraphs 2, 5, 6 and 7

Commonhold and Leasehold Reform Act 2002 (c. 15)
Schedule 12, paragraph 5(3)

Tax Credits Act 2002 (c. 21)
Section 65

Proceeds of Crime Act 2002 (c. 29)
Section 320(3)(b)

Enterprise Act 2002 (c. 40)
Section 12(2)(a) and (b)
Section 16
Schedule 2, paragraphs 1 and 3

Nationality, Immigration and Asylum Act 2002 (c. 41)
Section 16
Section 81
Section
Section 27
Section 35
Section 36
Section 37
Section 51
Section 61
Schedule 1, paragraphs 2 and 6
Schedule 5, paragraph 43
Schedule 6, paragraph 1
Schedule 7, paragraphs 2 and 12

Criminal Justice Act 2003 (c. 44)
Section 168(4)
Section 169
Section 170
Section 171
Section 173

B: LEGISLATION RELATING TO NORTHERN IRELAND

Judicial Pensions Act (Northern Ireland) 1951 (c. 20 (N.I.))
Section 11A
Section 16
Schedule 4, paragraph 3

Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))
Section 1
Section 5A
Section 11(3)
Section 36(1) and (2)

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
Section 102(1)
Section 106 (1) and (3)
Section 107(1), (3) and (7)
Section 116(1)
Section 116A(3)(b), (4)(a) and (b), (5) and (6)
Section 127A(1)
Section 132
Section 132A(1), (2) and (4)
Section 134
Schedule 2A, paragraphs 2(1)(a), 11(1), 12(1) and 13(a)

Resident Magistrates' Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))
Section 2(1)
Section 2A(3)(b), (4)(a) and (b), (5) and (6)
Section 9A(1)
Section 16(1), (3) and (4)
Section 21A(1), (2) and (4)
Schedule 2, paragraph 3(3)(a)
Schedule 3, paragraphs 2(a), 11(1), 12(1) and 13

Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
Section 9(1)
Section 10(1)
Section 12(1)
Section 12A(2)

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
Section 1(2)
Section 2A(3)(b), (4)(a) and (b), (5) and (6)
Section 3(1) and (2)

Registration of Deeds Act (Northern Ireland) 1970 (c. 25 (N.I.))
Section 19(3)

Social Security (Northern Ireland) Act 1975 (c. 15)
Schedule 10, paragraphs 6(1), 7(2), (3) and (4), 7A(3)(b), (4)(a) and (b), (5) and (6)

Judicature (Northern Ireland) Act 1978 (c. 23)
Section 7(4)
Section 12
Section 12B
Section 53(1)(f) and (2)
Section 54(1), (5) and (6)
Section 56(4)
Section 68(3), (5) and (6)
Section 70(1), (3), (5) and (6)
Section 71(4)
Section 72(3)
Section 74(1), (3) and (5)
Section 75(1), (7) and (9)
Section 82(1)
Section 103(3)
Section 116(1) and (2)
Section 117A
Section 123(2) and (3)

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
Article 33(4C)

Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)
Schedule 1, Part 1

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
Article 2(2)
In Article 46(1) as amended by section 73(2) of the Justice (Northern Ireland) Act 2002, paragraphs (d), (e), (f) and (g)
Article 46(4) and (5)
Article 59

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
Article 6A(3)
Article 10(1)
Article 13(5)
Article 24(7)

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))
Article 6(2)

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))
Article 104(5)
Schedule 3, paragraphs 1, 2 and 3

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
Article 25(6)(a) and (7)
Article 26(2)(a), (3)(c) and (5)
Article 48(1)
Art 30(1)(a)
Article 31(2)

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))
Schedule 2, paragraphs 2(1)(g), 6 and 9

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
Article 164(5)
Article 181
Article 183(3)

Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))
Article 22(2)(a) and (b) and (4)(b)

Northern Ireland Act 1998 (c. 47)
Section 91(6)
Schedule 11, paragraphs 2(1) and (3), 3(1) and (4), and 4

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))
Article 36(1)
Article 40(1) and (2)

Road Traffic (New Drivers) (Northern Ireland) Order 1998 (S.I. 1998/1074 (N.I. 7))
Article 7(8)

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
Article 6(1)
Article 7(1) and (4)
Article 15(12) and (13)
Article 74(2)

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/ 3162 (N.I. 21))
Article 40(7)(b)
Article 82(1), (3) and (6)

Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
Article 40
Article 73(10) and (11)

Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))
Schedule 7, paragraph 20(1) and (6)

Justice (Northern Ireland) Act 2002 (c. 26)
Section 2(2)
Section 3(2)(b)
Section 5(3), (4), (5), (6) and (7)
Section 9(1) and (11)
Section 12(3)
Section 19(4)
Section 50(5)
Section 51(3)
Schedule 2, paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and 7(2) and (3)

Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))
Schedule 2, paragraph 3(2)

Justice (Northern Ireland) Act 2004 (c. 4)
Schedule 3, paragraph 1(3)(a)

Section 26

SCHEDULE 8 Supreme Court selection commissions

Part 1 Membership

General rules

1 (1) A selection commission consists of the following members--

(a) the President of the Supreme Court;

(b) the Deputy President of the Supreme Court;

(i) the Judicial Appointments Commission;

(ii) the Judicial Appointments Board for Scotland;

(iii) the Northern Ireland Judicial Appointments Commission.

(2) Sub-paragraph (1)(a) does not apply if--

(a) the office of President is vacant, or

(b) the President is disqualified under paragraph 5.

(3) References in this Part of this Schedule to the President's place on a selection commission being unfilled are references to a case falling within paragraph (a) or (b) of sub-paragraph (2).

(4) Sub-paragraph (1)(b) does not apply if--

(a) the office of Deputy President is vacant, or

(b) the Deputy President is disqualified under paragraph 5.

(5) References in this Part of this Schedule to the Deputy President's place on a selection commission being unfilled are references to a case falling within paragraph (a) or (b) of sub-paragraph (4).

Special rules where President's or Deputy President's place unfilled

2 (1) This paragraph applies if one (but not both) of the following conditions is met--

(a) the President's place on a selection commission is unfilled;

(b) the Deputy President's place on a selection commission is unfilled.

(2) The unfilled place on the selection commission is to be taken by the most senior ordinary judge of the Supreme Court.

(3) If the unfilled place on the selection commission is not taken in accordance with sub-paragraph (2), the following are to be members of the commission instead--

(a) the most senior judge of the courts of England and Wales, unless that jurisdiction is already represented;

(b) the most senior judge of the courts of Scotland, unless that jurisdiction is already represented;

(4) For the purposes of this paragraph a jurisdiction is already represented if--

(a) in a case where the President's place on the commission is unfilled, that jurisdiction is the home jurisdiction of the Deputy President;

(b) in a case where the Deputy President's place on the commission is unfilled, that jurisdiction is the home jurisdiction of the President.

(5) Any person disqualified under paragraph 5 is to be disregarded in determining the most senior judge for the purposes of any provision of this paragraph.

3 (1) This paragraph applies if both of the following conditions are met--

(a) the President's place on a selection commission is unfilled;

(b) the Deputy President's place on a selection commission is unfilled.

(2) The unfilled places on the commission are to be taken by the following persons--

(a) the most senior ordinary judge of the Supreme Court;

(b) the second most senior ordinary judge.

(3) If neither of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are to be members of the commission instead--

(a) the most senior judge of the courts of England and Wales;

(b) the most senior judge of the courts of Scotland;

(4) If only one of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are also to be members of the commission--

(a) the most senior judge of the courts of England and Wales, unless that jurisdiction is already represented;

(b) the most senior judge of the courts of Scotland, unless that jurisdiction is already represented;

(5) For the purposes of sub-paragraph (4) a jurisdiction is already represented if it is the home jurisdiction of the judge who has taken a place on the selection commission in accordance with sub-paragraph (2).

(6) Any person disqualified under paragraph 5 is to be disregarded in determining the most senior or second most senior judge for the purposes of any provision of this paragraph.

4 (1) The home jurisdiction of a judge of the Supreme Court is determined for the purposes of paragraphs 2 and 3 in accordance with this paragraph.

(2) If the judge became, or first became, a member of the Supreme Court by virtue of section 24, his home jurisdiction is--

(a) the jurisdiction in which he held (or last held) any high judicial office by which he was qualified for appointment as a Lord of Appeal in Ordinary;

(b) if he was qualified for that appointment only by a qualification listed in section 6(a) to (c) of the Appellate Jurisdiction Act 1876 (c. 59), the jurisdiction in which he held that qualification;

(c) if he held such a qualification in more than one jurisdiction, the jurisdiction with which he was, as the holder of such a qualification, most closely associated.

(3) Sub-paragraph (4) applies if the following conditions are met--

(a) the judge became, or first became, a member of the Supreme Court by virtue of sections 25 to 31;

(b) he qualified for appointment, or first appointment, to the Supreme Court by virtue--

(i) only of section 25(1)(a), or

(ii) of section 25(1)(a) and (b).

(4) In such a case the judge's home jurisdiction is--

(a) if he was qualified for appointment, or first appointment, by virtue of holding high judicial office in one jurisdiction, that jurisdiction;

(b) if he was so qualified by virtue of holding high judicial office in more than one jurisdiction, the jurisdiction in which he was appointed to high judicial office most recently.

(5) Sub-paragraph (6) applies if the following conditions are met--

(a) the judge became, or first became, a member of the Supreme Court by virtue of sections 25 to 31;

(b) he qualified for appointment, or first appointment, to the Supreme Court by virtue only of section 25(1)(b).

(6) In such a case the judge's home jurisdiction is--

(a) if he was qualified for appointment, or first appointment, by virtue of being a qualifying practitioner in one jurisdiction, that jurisdiction;

(b) if he was so qualified by virtue of being a qualifying practitioner in more than one jurisdiction, the jurisdiction with which he was, as a qualifying practitioner, most closely associated.

Disqualification

5 (1) The President, the Deputy President, an ordinary judge of the Court or a territorial judge is disqualified for the purposes of membership of a selection commission if it appears to the Lord Chancellor that that person is for the time being incapacitated from serving as a member of that commission.

(2) The Deputy President is disqualified for the purposes of membership of a selection commission for the office of President unless he gives the Lord Chancellor notice that he is not willing to be appointed to the current vacancy.

(3) An ordinary judge of the Court is disqualified for the purposes of membership of a selection commission for the office of President or Deputy President unless he gives the Lord Chancellor notice that he is not willing to be appointed to the current vacancy.

(4) A territorial judge is disqualified for the purposes of membership of any selection commission unless he gives the Lord Chancellor notice that he is not willing to be appointed to the current vacancy.

Non-judicial members of selection commissions

6 (1) This paragraph applies in relation to those persons who are to be members of a selection commission by virtue of paragraph 1(1)(c).

(2) The Lord Chancellor must nominate one member of each Commission or Board referred to in that provision to be a member of the selection commission.

(3) At least one of the persons nominated under sub-paragraph (2) to be a member of the selection commission must be non-legally qualified.

(4) The Lord Chancellor may nominate a person under sub-paragraph (2) only on the recommendation of the Commission or Board of which the person is a member.

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