86A PROCESS FOR MAKING RULES OF COURT UNDER SECTION 84 (Hansard, 7 December 2004)

HL Deb 07 December 2004 vol 667 cc841-92 841

§ (1) Crown Court rules must be—

(a) signed by a majority of the members of the Crown Court Rule Committee, and
(b) submitted to the Lord Chancellor.

§ (2) The Lord Chancellor may allow or disallow rules so made.

§ (3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

§ (4) Rules so made and allowed by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and
(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

§ (5) A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament.

§ (6) In this section and section 86B "Crown Court rules" means rules of court made under section 84.

§ 86B RULES TO BE MADE IF REQUIRED BY LORD CHANCELLOR

§ (1) This section applies if the Lord Chancellor gives the Crown Court Rule Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

§ (2) The Committee must make such Crown Court 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 86A."

§ 111 (1) Section 91 (deputies and temporary appointments) is amended as follows.

§ (2) In subsection (1)—

(a) for "Lord Chancellor" in the first place substitute "Lord Chief Justice, after consulting the Lord Chancellor,";
(b) in paragraph (a) omit "or III";
(c) for "Lord Chancellor thinks fit" substitute "Lord Chief Justice may, after consulting the Lord Chancellor, think fit".

§ (3) After subsection (1) insert—

§ "(1A) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Supreme Court, he may appoint a person—

(a) to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or
(b) to act as a temporary additional officer in any such office,

during such period or on such occasions as the Lord Chancellor may think fit."

§ (4) After subsection (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)."

§ 112 (1) Section 92 (tenure of office) is amended as follows.

§ (2) In subsection (5) after "Lord Chancellor" insert "with the concurrence of the Lord Chief Justice".

§ (3) In subsection (6) after "also" insert ", with the concurrence of the Lord Chief Justice.".

§ (4) After subsection (7) insert—

§ "(8) It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7)."

842

§ 113 For section 96 (Central Office) substitute—

§ "96 CENTRAL OFFICE

§ The Central Office of the Supreme Court shall perform such business as it performed immediately before the commencement of this Act."

§ 114 In section 98 (judges' clerks and secretaries), in subsection (1) for "the President of the Family Division and the Vice-Chancellor" substitute "the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court".

§ 115 (1) Section 99 (district registries) is amended as follows.

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

§ (3) After subsection (2) insert—

§ "(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 116 (1) Section 104 (district probate registries) is amended as follows.

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

§ (3) After subsection (2) insert—

§ "(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 117 (1) Section 131 (conveyancing counsel of Supreme Court) is amended as follows.

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

§ (3) After subsection (2) insert—

§ "(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 118 In section 151 (interpretation), in subsection (1) for the definition of "senior judge" substitute— "senior judge", where the reference is to the senior judge of a Division, means the president of that Division;".

§ Administration of Justice Act 1982 (c. 53)

§ 119 The Administration of Justice Act 1982 is amended as follows.

§ 120 (1) Section 25 (regulations as to deposit and registration of wills) is amended as follows.

§ (2) In subsection (4) after "Lord Chancellor" insert "after consulting the Lord Chief Justice of England and Wales".

§ (3) After subsection (8) insert—

§ "(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (4)."

§ Representation of the People Act 1983 (c. 2)

§ 121 In section 161 of the Representation of the People Act 1983 (justices of the peace guilty of corrupt practice)—

(a) after "Lord Chancellor" insert "and the Lord Chief Justice";
(b) after "Scotland," insert "to".

§ Mental Health Act 1983 (c. 20)

§ 122 The Mental Health Act 1983 is amended as follows.

§ 123 In section 65 (Mental Health Review Tribunals), in subsection (3) omit "by the Lord Chancellor".

§ 124 (1) Section 93 (judicial authorities and Court of Protection) is amended as follows.

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

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

843

§ (4) In subsection (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (5) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1), (3) or (4)."

§ 125 In section 94 (exercise of the judge's functions: the patient), in subsection (1) omit "by the Lord Chancellor or".

§ 126 In section 96 (powers of the judge as to the patient's property and affairs), in subsection (3) omit "the Lord Chancellor or".

§ 127 In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit "the Lord Chancellor or" in both places.

§ 128 In section 105 (appeals), in subsection (2) omit "from any decision of the Lord Chancellor or".

§ 129 (1) Section 108 (general provisions as to rules under Part 7) is amended as follows.

§ (2) For subsection (1) substitute—

§ "(1) Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice."

§ (3) After subsection (2) insert—

§ "(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ (4) Paragraph 16 of Schedule 1 also amends section 108.

§ 130 (1) Section 111 (construction of references in other Acts) is amended as follows.

§ (2) In subsection (1) omit "by the Lord Chancellor or".

§ (3) In subsection (2) omit "the Lord Chancellor,".

§ (4) In subsection (4)—

(a) in paragraph (a) omit "the Lord Chancellor or";
(b) in paragraph (b) omit "the Lord Chancellor,".

§ Car Tax Act 1983 (c. 53)

§ 131 In the Car Tax Act 1983, in section 3(5) (ombudsman) after "Lord Chancellor" insert "with the concurrence of the Lord Chief Justice".

§ County Courts Act 1984 (c. 28)

§ 132 The County Courts Act 1984 is amended as follows.

§ 133 (1) Section 2 (county court districts etc) is amended as follows.

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

§ (3) In subsection (3) after "given" insert ", after consulting the Lord Chief Justice,".

§ (4) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1) or (3)."

§ 134 (1) Section 3 (places and times of sittings) is amended as follows.

§ (2) In subsection (1) after "given" insert ", after consulting the Lord Chief Justice,".

§ (3) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)."

§ 135 (1) Section 5 (judges of county courts) is amended as follows.

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

§ (3) In subsection (2) for "or on behalf of the Lord Chancellor" substitute "the Lord Chief Justice after consulting the Lord Chancellor".

844

§ (4) In subsection (3) for "Lord Chancellor considers desirable" substitute "Lord Chief Justice considers desirable after consulting the Lord Chancellor".

§ (5) In subsection (4)(a) for "Lord Chancellor may direct" substitute "Lord Chief Justice may, after consulting the Lord Chancellor, direct".

§ (6) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 136 (1) Section 11 (tenure of office) is amended as follows.

§ (2) In subsection (5) after "by the Lord Chancellor" insert ", but only with the concurrence of the Lord Chief Justice".

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

§ 137 In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—

§ "(3) The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

§ (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 138 (1) Section 26 (districts for Admiralty purposes) is amended as follows.

§ (2) In subsection (1)—

(a) after "Lord Chancellor" insert "and the Lord Chief Justice";
(b) for "him" substitute "the Lord Chancellor".

§ (3) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 139 (1) Section 61 (right of audience by direction) is amended as follows.

§ (2) In subsection (1) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 140 In section 145 (power to raise monetary limits), after subsection (2) insert—

§ "(2A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1)."

§ Matrimonial and Family Proceedings Act 1984 (c. 42)

§ 141 The Matrimonial and Family Proceedings Act 1984 is amended as follows.

§ 142 (1) Section 33 (jurisdiction of county courts in matrimonial cases) is amended as follows.

§ (2) In subsections (1) and (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 143 (1) Section 36 (assignment of circuit judges to family proceedings) is amended as follows.

§ (2) That section becomes subsection (1) of section 36.

§ (3) In that subsection, for "Lord Chancellor may direct" substitute "Lord Chief Justice may, after consulting the Lord Chancellor, direct".

§ (4) After that subsection insert—

§ "(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 92(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

845

§ 144 (1) Section 42 (county court proceedings in principal registry of Family Division) is amended as follows.

§ (2) In subsection (2)(a) for "may direct" substitute "may, after consulting the Lord Chief Justice, direct".

§ (3) After subsection (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Transport Act 1985 (c. 67)

§ 145 (1) Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows.

§ (2) In paragraph 3 (tenure of office), in sub-paragraph (3) after "fit" insert "and if the Lord Chief Justice agrees".

§ (3) In paragraph 10 (the president)—

(a) in sub-paragraph (1) for "the Lord Chancellor may direct" substitute "the Lord Chief Justice may, after consulting the Lord Chancellor, direct";
(b) after sub-paragraph (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under sub-paragraph (1)."

§ Housing Act 1985 (c. 68)

§ 146 The Housing Act 1985 is amended as follows.

§ 147 Omit section 111 (secure tenancies: county court rules and directions).

§ 148 In section 181 (right to buy: jurisdiction of county court), omit subsections (4) and (5) (rules and directions).

§ 149 In section 572 (assistance for owners of defective housing: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

§ Insolvency Act 1986 (c. 45)

§ 150 The Insolvency Act 1986 is amended as follows.

§ 151 (1) Section 117 (High Court and county court jurisdiction) is amended as follows.

§ (2) In subsection (4) for "may by order" substitute "may, with the concurrence of the Lord Chief Justice, by order".

§ (3) After subsection (7) insert—

§ "(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 152 (1) Section 374 (insolvency districts) is amended as follows.

§ (2) In subsection (1) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) In subsection (2) after "Lord Chancellor" insert "and the Lord Chief Justice".

§ (4) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 153 (1) Section 411 (company insolvency rules) is amended as follows.

§ (2) For subsection (1) substitute— (1) The Lord Chancellor may make rules for the purpose of giving effect to Parts 1 to 7 of this Act.

§ (1A) The Lord Chancellor may make different rules under subsection (1) in relation to—

(a) England and Wales, and
(b) Scotland.

§ (1B) Rules that affect court procedure in England and Wales may be made under subsection (1) only with the concurrence of the Lord Chief Justice."

846

§ (3) In subsection (2)(b) for the words from "may appear" to the end substitute "may appear necessary or expedient to the Lord Chancellor".

§ (4) After subsection (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 154 (1) Section 412 (individual insolvency rules (England and Wales) is amended as follows.

§ (2) For subsection (1) substitute—

§ "(1) The Lord Chancellor may make rules for the purpose of giving effect to Parts 8 to 11 of this Act.

§ (1A) Rules that affect court procedure in England and Wales may be made under subsection (1) only with the concurrence of the Lord Chief Justice."

§ (3) In subsection (2)(b) for the words from "may appear" to the end substitute "may appear necessary or expedient to the Lord Chancellor".

§ (4) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 155 (1) Section 413 (Insolvency Rules committee) is amended as follows.

§ (2) In subsection (3) for "by the Lord Chancellor" substitute "in accordance with subsection (3A) or (3B)".

§ (3) After subsection (3) insert—

§ "(3A) The Lord Chief Justice must appoint the persons referred to in paragraphs (a) to (d) of subsection (3), after consulting the Lord Chancellor.

§ (3B) The Lord Chancellor must appoint the persons referred to in paragraphs (e) to (g) of subsection (3), after consulting the Lord Chief Justice."

§ (4) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 156 (1) Section 420 (insolvent partnerships) is amended as follows.

§ (2) In subsection (1) after "Secretary of State" insert "and the Lord Chief Justice".

§ (3) In subsection (2) after "Lord Chancellor" insert "and the Lord Chief Justice".

§ (4) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 157 (1) Section 421 (insolvent estates of deceased persons) is amended as follows.

§ (2) In subsection (1) after "Secretary of State" insert "and the Lord Chief Justice".

§ (3) In subsection (2) after "Lord Chancellor" insert "and the Lord Chief Justice".

§ (4) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Coroners Act 1988 (c. 13)

§ 158 The Coroners Act 1988 is amended as follows.

§ 159 (1) Section 3 (terms on which coroners hold office) is amended as follows.

§ (2) For subsection (4) substitute—

§ "(4) The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove any coroner from office for inability or misbehaviour."

847

§ (3) In subsection (5) for ", wilful neglect of his duty or misbehaviour in the discharge of his duty" substitute "or wilful neglect of his duty".

§ 160 In section 33 (savings), in subsection (2)(a) omit "the Lord Chancellor or".

§ Criminal Justice Act 1988 (c. 33)

§ 161 (1) In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation for miscarriages of justice), paragraph 6 (power of removal) is amended as follows.

§ (2) That paragraph becomes sub-paragraph (1) of paragraph 6.

§ (3) After that sub-paragraph insert—

§ "(2) The Lord Chancellor may give consent under subparagraph (1)(a) only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord Chief Justice of Northern Ireland."

§ Copyright, Designs and Patents Act 1988 (c. 48)

§ 162 The Copyright, Designs and Patents Act 1988 is amended as follows.

§ 163 In section 146 (membership of the Copyright Tribunal), after subsection (6) insert—

§ "(7) The Lord Chancellor may exercise his powers under subsection (3) 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;
(c) the Lord Chief Justice of Northern Ireland."

§ 164 (1) Section 287 (patents county courts: special jurisdiction) is amended as follows.

§ (2) In subsection (1) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) After subsection (5) insert—

§ "(6) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 165 (1) Section 291 (proceedings in patents county court) is amended as follows.

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

§ (3) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)."

§ 166 (1) Section 292 (rights and duties of registered patent agents in relation to proceedings in patents courts) is amended as follows.

§ (2) After subsection (2) insert—

§ "(2A) The Lord Chancellor may make regulations under subsection (2) only with the concurrence of the Lord Chief Justice."

§ (3) After subsection (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Children Act 1989 (c. 41)

§ 167 The Children Act 1989 is amended as follows.

§ 168 (1) Section 7 (welfare reports) is amended as follows.

§ (2) In subsection (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (2)."

848

§ 169 (1) Section 92 (jurisdiction of the courts) is amended as follows.

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

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

§ (4) After subsection (10) insert—

§ "(10A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (9) or (10)."

§ 170 (1) Section 94 (appeals) is amended as follows.

§ (2) In subsection (10) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

§ (3) After subsection (11) insert—

§ "(12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (10)."

§ 171 In section 96 (evidence given by, or with respect to, children), in subsection (3) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ 172 (1) In section 97 (privacy for children involved in certain proceedings).

§ (2) In subsection (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) After subsection (8) insert—

§ "(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (4)."

§ 173 (1) In Schedule 1 (financial provision for children), paragraph 5 (maximum lump sum payable for maintenance of child by order of magistrates court) is amended as follows.

§ (2) In sub-paragraph (2) after "Lord Chancellor may" substitute ", after consulting the Lord Chief Justice,".

§ (3) After sub-paragraph (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this paragraph."

§ 174 (1) Schedule 11 (jurisdiction) is amended as follows.

§ (2) In paragraph 1 (commencement of proceedings) after "Lord Chancellor may" in each place insert ", after consulting the Lord Chief Justice,".

§ (3) In paragraph 2 (transfer of proceedings)—

(a) in sub-paragraph (1) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,";
(b) in sub-paragraph (5) after "Lord Chancellor thinks appropriate" insert ", after consulting the Lord Chief Justice,".

§ (4) In paragraph 3 (hearings by a single justice), in subparagraph (1) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

§ (5) In paragraph 4 (general)—

(a) in sub-paragraph 5(a) after "Lord Chancellor considers expedient" insert ", after consulting the Lord Chief Justice,".
(b) after sub-paragraph (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this Part of this Schedule."

849

§ Courts and Legal Services Act 1990 (c. 41)

§ 175 The Courts and Legal Services Act 1990 is amended as follows.

§ 176 (1) Section 1 (allocation of business between High Court and county courts) is amended as follows.

§ (2) After subsection (1) insert—

§ "(1A) An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice."

§ (3) In subsection (9) for "the President of the Family Division, the Vice-Chancellor" substitute "the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court".

§ (4) After subsection (12) insert—

§ "(13) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 177 In section 9 (allocation of family proceedings which are within the jurisdiction of the county courts), in subsection (1) for the words from the beginning to "Family Division," substitute "The President of the Family Division may, after consulting the Lord Chancellor,".

§ 178 (1) Section 11 (representation in certain county court cases) is amended as follows.

§ (2) In subsection (1) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) Omit subsection (10).

§ (4) After subsection (11) insert—

§ "(12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1) or (2)."

§ 179 (1) Section 73 (delegation of certain administrative functions of Master of the Rolls) is amended as follows.

§ (2) In subsection (3)—

(a) for "Lord Chancellor may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,";
(b) for "Lord Chancellor considers" substitute "Lord Chief Justice and Lord Chancellor consider".

§ (3) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (3)."

§ 180 In section 119 (interpretation), in subsection (1) in the definition of "designated judge" for "the President of the Family Division or the Vice-Chancellor" substitute "the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court".

§ Armed Forces Act 1991 (c. 62)

§ 181 (1) In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for miscarriages of justice), paragraph 6 (power of removal) is amended as follows.

§ (2) That paragraph becomes sub-paragraph (1) of paragraph 6.

§ (3) After that sub-paragraph insert—

§ "(2) The Lord Chancellor may give consent under subparagraph (1)(a) or (1)(c) only with the concurrence of the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord Chief Justice of Northern Ireland.

850

§ "Child Support Act 1991 (c. 48)

§ 182 The Child Support Act 1991 is amended as follows.

§ 183 (1) Section 8 (role of the courts with respect to maintenance of children) is amended as follows.

§ (2) After subsection (5) insert—

§ "(5A) The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice."

§ (3) After subsection (11) insert—

§ "(12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 184 In section 45 (jurisdiction of courts in certain proceedings under the Act), after subsection (7) insert—

§ "(8) The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.

§ (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 185 In Schedule 4 (Child Support Commissioners), in paragraph 1 (tenure of office) after sub-paragraph (3) insert—

§ "(3A) The Lord Chancellor may remove a Child Support Commissioner under sub-paragraph (3) only with the concurrence of—

(a) the Lord Chief Justice of England and Wales, and
(b) the Lord President of the Court of Session."

§ Land Drainage Act 1991 (c. 59)

§ 186 (1) Section 31 of the Land Drainage Act 1991 (composition and incidental powers of the Agricultural Land Tribunal) is amended as follows.

§ (2) After subsection (1) insert—

§ "(1A) Before drawing up, or revising, a panel under subsection (1), the Lord Chancellor must consult the Lord Chief Justice."

§ (3) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Tribunals and Inquiries Act 1992 (c. 53)

§ 187 (1) In section 7 of the Tribunal and Inquiries Act 1992 (concurrence required for removal of members of certain tribunals), subsection (1) is amended as follows.

§ (2) Omit ", other than the Lord Chancellor,".

§ (3) In paragraphs (a) to (c) after "Lord Chancellor" in each place insert "(unless he is the Minister terminating the person's membership), the Lord Chief Justice of England and Wales,".

§ (4) In paragraph (d) after "Lord Chancellor" insert "(unless he is the Minister terminating the person's membership) and the Lord Chief Justice of England and Wales".

§ Judicial Pensions and Retirement Act 1993 (c. 8)

§ 188 The Judicial Pensions and Retirement Act 1993 is amended as follows.

§ 189 (1) Section 2 (the judicial officer's entitlement to a pension) is amended as follows.

§ (2) In subsection (3)(b) after "by means of a medical certificate" insert "(and, where the appropriate Minister is the Lord Chancellor, after consulting the Lord Chief Justice of England and Wales)".

§ (3) After subsection (8) insert—

§ "(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

851

§ 190 (1) Section 26 (retirement date for holders judicial offices) is amended as follows.

§ (2) For "appropriate minister" in each place substitute "appropriate person".

§ (3) In subsection (7)—

(a) in paragraph (a) omit ", unless he is Chancellor";
(b) in paragraph (b) omit ", unless he is Chancellor".

§ (4) In subsection (12), after the definition of "appointed day" insert—

""the appropriate person" means—

(a) the appropriate Minister in a case which falls within paragraph (a) of the definition of the expression in section 30;
(b) in any other case, the Lord Chief Justice of England and Wales;".

§ (5) After subsection (12) insert—

§ "(13) Where the Lord Chief Justice is the appropriate person, he must obtain the concurrence of the Lord Chancellor before exercising any functions under this section.

§ (14) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 191 In Schedule 1 (offices which may be qualifying judicial offices) in Part 1 (judges) for the entries "President of the Family Division" and "Vice-Chancellor" substitute—

"President of the Queen's Bench Division
President of the Family Division
Chancellor of the High Court".

§ 192 In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit ", other than the Lord Chancellor".

§ Bail (Amendment) Act 1993 (c. 26)

§ 193 In section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal), in subsection (12) in the definition of "magistrates' court" and "court" for "designated" to the end substitute "designated in accordance with section 67 or section 139 of the Extradition Act 2003".

§ Welsh Language Act 1993 (c. 38)

§ 194 (1) Section 23 of the Welsh Language Act 1993 (oaths and affirmations) is amended as follows.

§ (2) That section becomes subsection (1) of section 23.

§ (3) In that subsection after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales,".

§ (4) After that subsection insert—

§ "(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Local Government (Wales) Act 1994 (c. 19)

§ 195 (1) Section 55 of the Local Government (Wales) Act 1994 (magistrates' courts, justices of the peace etc) is amended as follows.

§ (2) In subsection (1)—

(a) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,";
(b) for "he thinks necessary or expedient" substitute "the Lord Chancellor thinks necessary or expedient, after consulting the Lord Chief Justice,".

§ (3) In subsection (3)—

(a) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,";
(b) for "appears to him expedient" substitute "appears to the Lord Chancellor to be expedient, after consulting the Lord Chief Justice,".

852

§ 196 After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Value Added Tax Act 1994 (c. 23)

§ 197 The Value Added Tax Act 1994 is amended as follows.

§ 198 (1) Section 86 (appeals to the Court of Appeal) is amended as follows.

§ (2) In subsection (1) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales,".

§ (3) After subsection (2) insert—

§ "(2A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 92 of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 199 (1) Schedule 12 (constitution and procedure of VAT tribunals) is amended as follows.

§ (2) In paragraph 3 (tenure of office of President)—

(a) after sub-paragraph (5) insert—
"(5A) The Lord Chancellor may remove a person from office under sub-paragraph (4), or designate a person under sub-paragraph (5), 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;
(c) the Lord Chief Justice of Northern Ireland.";

(b) after sub-paragraph (8) insert—
"(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 92 of the Constitutionah Reform Act 2004) to exercise his functions under sub-paragraph (5A) in relation to the designation of a person under sub-paragraph (5).
(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 subparagraph (5A) in relation to the designation of a person under sub-paragraph (5).
(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5A) in relation to the designation of a person under sub-paragraph (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)."

§ (3) In paragraph 4—

(a) that paragraph becomes sub-paragraph (1) of paragraph 4;
(b) after that sub-paragraph insert—

§ "(2) The powers of the Lord Chancellor under subparagraph (1) may be exercised—

(a) in relation to England and Wales only after consulting the Lord Chief Justice of England and Wales;
(b) in relation to Northern Ireland only after consulting the Lord Chief Justice of Northern Ireland.

853

§ (3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this paragraph.

§ (4) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

§ (4) In paragraph 7 (membership of panels), after subparagraph (7) insert—

§ "(7A) Where the appropriate authority is the Lord Chancellor, the power conferred by sub-paragraph (7) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales."

§ Trade Marks Act 1994 (c. 26)

§ 200 In section 77 of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after subsection (4) insert—

§ "(5) The Lord Chancellor may remove a person from office under subsection (3)(c) 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
(c) the Lord Chief Justice of Northern Ireland."

§ Merchant Shipping Act 1995 (c. 21)

§ 201 In section 297 of the Merchant Shipping Act 1995 (wreck commissioners), after subsection (3) insert—

§ "(3A) The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of—

(a) the Lord Chief Justice of England and Wales, or
(b) if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland."

§ Reserve Forces Act 1996 (c. 14)

§ 202 (1) Section 92 of the Reserve Forces Act 1996 (membership of tribunals etc) is amended as follows.

§ (2) In subsection (1) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales, after consulting the Lord Chancellor,".

§ (3) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)."

§ Employment Tribunals Act 1996 (c. 17)

§ 203 The Employment Tribunals Act 1996 is amended as follows.

§ 204 (1) Section 22 (membership of appeal tribunal) is amended as follows.

§ (2) In subsection (1)(a)—

(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,";
(b) omit "(other than the Lord Chancellor)".

§ (3) In subsection (2) for "the Lord Chancellor and the Secretary of State" substitute "the person or persons appointing them".

§ (4) In subsection (3)—

(a) for "Lord Chancellor" substitute "Lord Chief Justice";
(b) after "consultation with" insert "the Lord Chancellor and".

854

§ (5) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 205 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 206 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 207 In section 25 (tenure of appointed members) in subsection (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ Arbitration Act 1996 (c. 23)

§ 208 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 88(4) of the Constitutional Reform Act 2004) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

855

§ Criminal Procedure and Investigations Act 1996 (c. 25)

§ 209 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)

§ 210 The Family Law Act 1996 is amended as follows.

§ 211 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 212 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Defamation Act 1996 (c. 31)

§ 213 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).

§ (2B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Housing Act 1996 (c. 52)

§ 214 The Housing Act 1996 is amended as follows.

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

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

§ Education Act 1996 (c. 56)

§ 217 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)

§ 218 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 subparagraph (3) to remove a person appointed to the panel of chairmen for England and Wales only with the concurrence of the Lord Chief Justice."

856

§ Civil Procedure Act 1997 (c. 12)

§ 219 The Civil Procedure Act 1997 is amended as follows.

§ 220 (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);
(c) the persons currently appointed in accordance with subsections (1A) and (1B).

§ (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section.

§ 221 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 222 (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).

§ 223 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.

857

§ (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."

§ 224 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1) or (2)."

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

§ (2) After subsection (2) insert—

§ "(2A) The Lord Chancellor must decide the following questions—

(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;
(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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Plant Varieties Act 1997 (c. 66)

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

§ (2) In paragraph 5 (duration of appointment), after subparagraph (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."

§ (3) 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)".

§ Social Security Act 1998 (c. 14)

§ 227 The Social Security Act 1998 is amended as follows.

§ 228 In section 6 (panel for appointment to appeal tribunals), in subsection (5) for "A person may be removed from the panel by the Lord Chancellor" substitute "The Lord Chancellor may, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session, remove a person from the panel".

§ 229 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,".

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

§ "(1A) The Lord Chancellor may remove a person under subparagraph (1) only with the concurrence of the following—

(a) the Lord Chief Justice;
(b) the Lord President of the Court of Session."

858

§ Data Protection Act 1998 (c. 29)

§ 231 (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;
(c) the Lord Chief Justice of Northern Ireland.

§ (4) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) 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 (c. 26);
(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 (c. 36))—

(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;
(c) the Lord Chief Justice of Northern Ireland.

§ (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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

859

§ Crime and Disorder Act 1998 (c. 37)

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

§ 233 (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 92 of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Human Rights Act 1998 (c. 42)

§ 234 (1) Section 18 of the Human Rights Act 1998 (appointment to ECHR) is amended as follows.

§ (2) In subsection (7), after "considers appropriate" insert "(in the case of the Lord Chancellor, after consulting the Lord Chief Justice of England and Wales)".

§ (3) After subsection (7) insert—

§ "(7A) Before making an order under subsection (7) the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

§ (7B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Access to Justice Act 1999 (c. 22)

§ 235 The Access to Justice Act 1999 is amended as follows.

§ 236 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

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

§ (2) In the definition of "relevant international court" in subsection (2), for paragraph (b) substitute—

§ "(b) any international court (apart from the European Court of Human Rights) which—

(i) is designated in relation to the holder of any United Kingdom judicial office specified in paragraph (a) or (c) of the definition in subsection (2) by the Lord Chancellor, or
(ii) is designated in relation to the holder of any United Kingdom judicial office specified in paragraph (b) of the definition in subsection (2) by the Secretary of State.

§ (3) After subsection (7) insert—

§ "(8) The Lord Chancellor may exercise functions conferred on him by this section only after consulting the Lord Chief Justice of England and Wales.

§ (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (8)."

§ 238 (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,".

860

§ (3) After subsection (1) insert—

§ "(1A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)."

§ Immigration and Asylum Act 1999 (c. 33)

§ 239 The Immigration and Asylum Act 1999 is amended as follows.

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

§ (2) After subsection (6) insert—

§ "(6A) Before giving his approval under subsection (6) the Lord Chancellor must consult the Lord Chief Justice of England and Wales."

§ (3) For subsection (7) substitute—

§ "(7) Subsection (6A) does not apply insofar as regulations under this section relate to the sheriff or the Court of Session; but in such a case the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval under subsection (6)."

§ (4) After subsection (7) insert—

§ "(8) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 241 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 subparagraph (4) only with the concurrence of the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland."

§ Financial Services and Markets Act 2000 (c. 8)

§ 242 (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;
(c) the Lord Chief Justice of Northern Ireland.

§ (9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) 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 (c. 26);
(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 following

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland."

861

§ (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)

§ 243 The Terrorism Act 2000 is amended as follows.

§ 244 (1) In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows.

§ (2) In sub-paragraph (1) after "direct" insert "after consulting the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland".

§ (3) After sub-paragraph (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this paragraph.

§ (6) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

§ 245 (1) Schedule 8 (detention) is amended as follows.

§ (2) In paragraph 29 (warrants of further detention)—

(a) in sub-paragraph (4)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor";
(b) after sub-paragraph (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under sub-paragraph (4)(a)."

§ Local Government Act 2000 (c. 22)

§ 246 (1) Section 76 of the Local Government Act 2000 (case tribunals and interim case tribunals) is amended as follows.

§ (2) In subsection (9) for "Lord Chancellor" substitute "Lord Chief Justice".

§ (3) After subsection (9) insert—

§ "(9A) The Lord Chief Justice must consult the Lord Chancellor before specifying a member of the Panel in accordance with subsection (9)."

§ (4) In subsection (12) after "Lord Chancellor must" insert "consult the Lord Chief Justice and".

§ (5) After subsection (14) insert—

§ "(15) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Criminal Justice and Court Services Act 2000 (c. 43)

§ 247 (1) Schedule 1 of the Criminal Justice and Court Services Act 2000 (local probation boards) is amended as follows.

§ (2) In paragraph 2 (membership)—

(a) in sub-paragraph (2) for "Lord Chancellor" substitute "Lord Chief Justice, after consulting the Lord Chancellor";
(b) after sub-paragraph (7) insert—

§ "(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subparagraph (2)."

§ (3) In paragraph 3 (tenure of members), after sub-paragraph (3) insert—

§ "(3A) The power conferred by sub-paragraph (3) may be exercised by the Lord Chancellor to remove a person appointed by him by virtue of paragraph 2(2) only with the concurrence of the Lord Chief Justice."

§ International Criminal Court Act 2001 (c. 17)

§ 248 Section 26 of the International Criminal Court Act 2001 (definitions) is amended as follows—

(a) that section becomes subsection (1) of section 26;
(b) in that subsection for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor";
(c) after that subsection insert—

§ "(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ Anti-terrorism, Crime and Security Act 2001 (c. 24)

§ 249 (1) In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens Access Appeal Commission), paragraph 4 (sittings) is amended as follows.

§ (2) In sub-paragraph (1) after "direct" insert "after consulting the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland."

§ (3) After sub-paragraph (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under sub-paragraph (1).

§ (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

(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)."

§ Land Registration Act 2002 (c. 9)

§ 250 The Land Registration Act 2002 is amended as follows.

§ 251 (1) Section 127 (exercise of powers) is amended as follows.

§ (2) In subsection (2)(a) for "Lord Chancellor" substitute "Lord Chief Justice, or a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) nominated by him, after consulting the Lord Chancellor".

§ (3) In subsection (2)(h) after "consumer affairs" insert "nominated by the Lord Chancellor".

§ 252 In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-paragraph (2) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ Enterprise Act 2002 (c. 40)

§ 253 The Enterprise Act 2002 is amended as follows.

§ 254 (1) Section 268 (disqualification from office: general) is amended as follows.

§ (2) In subsection (7) for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".

863

§ (3) After subsection (15) insert—

§ "(16) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (7)."

§ 255 In paragraph 2 of Schedule 2 (tenure of members of Competition Appeal Tribunal), after sub-paragraph (4) insert—

§ "(5) The Lord Chancellor may remove a person from office under sub-paragraph (4) 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;
(c) the Lord Chief Justice of Northern Ireland."

§ Finance Act 2003 (c. 14)

§ 256 (1) Schedule 17 to the Finance Act 2003 (stamp duty land tax: General and Special Commissioners, appeals and other proceedings) is amended as follows.

§ (2) In paragraph 2 (regulations about determination of disputes), after sub-paragraph (1) insert—

§ "(1A) The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland.

§ (1B) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this paragraph.

§ (1C) 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.

§ (1D) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

§ (3) In paragraph 3 (regulations about jurisdiction of General or Special Commissioners), after sub-paragraph (3) insert—

§ "(4) The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland.

§ (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this paragraph.

§ (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 this section.

§ (7) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

§ (4) In paragraph 5 (regulations about quorum)—

(a) that paragraph becomes sub-paragraph (1) of paragraph 5;
(b) after that sub-paragraph—

§ "(2) The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland.

§ (5) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

§ (5) In paragraph 11 (regulations), for sub-paragraph (1) substitute—

§ "(1) Any power to make regulations under this Schedule is exercisable—

(a) only with the consent of the Scottish Ministers;
(b) subject to any other provision of this Schedule."

§ Courts Act 2003 (c. 39)

§ 257 The Courts Act 2003 is amended as follows.

§ 258 (1) In section 2 (Court officers, staff and services), in subsection (7) 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."

§ 259 (1) Section 4 (establishment of courts boards) is amended as follows.

§ (2) After subsection (5) insert—

§ "(5A) Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice."

§ (3) After subsection (7) insert—

§ "(7A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 260 (1) Section 5 (functions of courts boards) is amended as follows.

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

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

§ (4) After subsection (8) insert—

§ "(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

865

§ 261 (1) Section 8 (local justice areas) is amended as follows.

§ (2) After subsection (5) insert—

§ "(5A) Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice."

§ (3) After subsection (7) insert—

§ "(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 262 (1) Section 10 (appointment of lay justices etc) is amended as follows.

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

§ (3) In subsection (3) for "or on behalf of the Lord Chancellor" substitute "Lord Chief Justice".

§ (4) After subsection (5) insert—

§ "(6) The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor.

§ (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (2) or (3)."

§ 263 In section 11 (resignation and removal of lay justices), in subsection (2)—

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

§ 264 (1) Section 13 (entry of names in the supplemental list) is amended as follows.

§ (2) In subsection (3) for "Lord Chancellor may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,".

§ (3) In subsection (5) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (4) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (3)."

§ 265 In section 14 (removal of names from the supplemental list), in subsection (2)(b) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".

§ 266 (1) Section 15 (lay justices' allowances) is amended as follows.

§ (2) In subsection (7) for "Lord Chancellor" substitute "Lord Chief Justice".

§ (3) After subsection (8) insert—

§ "(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (7)."

§ 267 In section 16 (records of lay justices), after subsection (3) insert—

§ "(4) The Lord Chancellor must consult the Lord Chief Justice before—

(a) appointing a person under subsection (1), or
(b) giving a direction under subsection (2).

§ (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 268 (1) Section 17 (chairman and deputy chairmen) is amended as follows.

§ (2) In subsection (3) for "Lord Chancellor, or a person acting on his behalf, may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,".

866

§ (3) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 269 (1) Section 19 (training, development and appraisal of lay justices) is amended as follows.

§ (2) In subsection (2) for "Lord Chancellor" in each place substitute "Lord Chief Justice".

§ (3) In subsection (3)—

(a) for "Lord Chancellor" substitute "Lord Chief Justice";
(b) for "appropriate training and training materials" substitute "training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate".

§ (4) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 270 (1) Section 20 (rules) 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";
(b) before paragraph (a) insert—

§ "(za) the Lord Chancellor,".

§ (4) After subsection (2) insert—

§ "(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions of making the rules referred to in this section."

§ 271 (1) Section 21 (duty to consult lay justices on matters affecting them etc) is amended as follows.

§ (2) That section becomes subsection (1) of section 21.

§ (3) In that subsection after "Lord Chancellor" insert "and the Lord Chief Justice".

§ (4) After that subsection insert—

§ "(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 272 In section 22 (appointment of District Judges (Magistrates' Courts)), in subsection (5) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ 273 In section 24 (Deputy District Judges (Magistrates' Courts)), in subsection (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice.".

§ 274 (1) Section 25 (District Judges (Magistrates' Courts) as justices of the peace) is amended as follows.

§ (2) In subsection (2), leave out "or on behalf of the Lord Chancellor" and insert "the Lord Chief Justice, after consulting the Lord Chancellor".

§ (3) After subsection (2) insert—

§ "(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (2)."

§ 275 (1) Section 27 (justices' clerks and assistant clerks) is amended as follows.

§ (2) In subsection (1)(b) after "Lord Chancellor" insert ", after consulting the Lord Chief Justice,".

§ (3) In subsection (3)—

(a) in paragraph (a) after "must" insert ", after consulting the Lord Chief Justice,";
(b) in paragraph (b) for "subsection (4)" substitute "subsections (4A) to (4C)".

867

§ (4) For subsection (4) substitute—

§ "(4A) The Lord Chancellor may change an assignment of a justices' clerk so that he is no longer assigned to a local justice area ("the relevant area") only if the conditions in subsections (4B) and (4C) are met.

§ (4B) Before changing the assignment, the Lord Chancellor must consult—

(a) the chairman of the lay justices assigned to the relevant area, or
(b) if that is not possible or not practicable, the deputy chairman or such of the lay justices assigned to or acting in the relevant area as it appears to the Lord Chancellor appropriate to consult.

§ (4C) The Lord Chief Justice must agree to the change."

§ (5) After subsection (6) insert—

§ "(6A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 276 (1) Section 28 (functions) is amended as follows.

§ (2) In subsection (8) after "Lord Chancellor" insert "with the concurrence of the Lord Chief Justice".

§ (3) After subsection (9) insert—

§ "(10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 277 (1) Section 30 (places, dates and times of sittings) is amended as follows.

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

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

§ (4) After subsection (8) insert—

§ (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1) or (7)."

§ 278 (1) Section 34 (costs in legal proceedings) is amended as follows.

§ (2) In subsection (5) 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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 279 For section 62 substitute—

§ "62 HEAD AND DEPUTY HEAD OF CIVIL JUSTICE

§ (1) The Master of the Rolls is Head of Civil Justice.

§ (2) The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.

§ (3) The Lord Chief Justice must not appoint a person under subsection (2) 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.

§ (4) A person appointed as Deputy Head of Civil Justice holds that office in accordance with the terms of his appointment.

§ (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

868

§ 280 (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) arid (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 281 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

869

§ 282 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 283 (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, 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".

§ 284 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."

§ 285 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 286 (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 (e) of subsection (2).

§ (1B) The Lord Chancellor must appoint the persons falling within paragraphs (f) 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".

870

§ (8) After section (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 287 (1) Section 78 (power to amend 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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 288 (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 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".

§ 289 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."

§ 290 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 291 In section 83 (Civil Procedure Rule Committee), omit subsection (3).

§ 292 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;".

§ 293 In section 107 (interpretation), in subsection (6) omit "by the Lord Chancellor".

§ 294 In section 108 (rules, regulations and orders), in subsections (1) and (6) after "Lord Chancellor" insert "or Lord Chief Justice".

§ 295 (1) Section 109 (minor and consequential amendments etc) is amended as follows.

§ (2) In subsection (4)—

(a) after "Lord Chancellor may" substitute ", after consulting the Lord Chief Justice,";
(b) after "considers" insert ", after consulting the Lord Chief Justice,".

871

§ (3) After subsection (6) insert—

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 296 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this Schedule."

§ 297 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)

§ 298 The Extradition Act 2003 is amended as follows.

§ 299 (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) After subsection (4) insert—

§ "(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)(a)."

§ 300 (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) After subsection (4) insert—

§ Criminal Justice Act 2003 (c. 44)

§ 301 The Criminal Justice Act 2003 is amended as follows.

§ 302 (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 303 (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

872

§ (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 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1B)."

§ 304 (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)

§ 305 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."

§ AMENDMENTS OF OR RELATING TO ENACTMENTS REPEALED OR AMENDED OTHERWISE THAN BY THIS ACT

§ Introduction

§ 306 (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)

§ 307 (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 88(4) of the Constitutional Reform Act 2004) 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).

873

§ Children and Young Persons Act 1933 (c. 12)

§ 308 (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)—
1. (i) after "he may" insert "after consulting the Lord Chief Justice";
2. (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 88(4) of the Constitutional Reform Act 2004) 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 (c. 39).

§ Maintenance Orders Act 1950 (c. 37)

§ 309 (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)

§ 310 (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.

874

§ Restrictive Practices Court Act 1976 (c. 33)

§ 311 The Restrictive Practices Court Act 1976 is amended as follows.

§ 312 (1) In section 1 (the Court), after subsection (3) insert—

§ "(3A) The Lord Chancellor may select a person under subsection (3) 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;
(c) the Lord Chief Justice of Northern Ireland.

§ (3C) 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 section.

§ (3D) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

§ (2) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

§ 313 (1) Section 2 (judges of the Court) is amended as follows.

§ (2) In subsections (1)(a) and (3) for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".

§ (3) After subsection (4) insert—

§ "(5) The functions conferred on the Lord Chief Justice of England and Wales by this section may be exercised only after consulting the Lord Chancellor.

§ (6) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

§ 314 (1) Section 3 (non-judicial members) is amended as follows.

§ (2) After subsection (3) insert—

§ "(4) The Lord Chancellor may exercise his functions under subsection (2)(b) 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;
(c) the Lord Chief Justice of Northern Ireland.

§ (7) 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."

875

§ (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

§ 315 (1) Section 4 (provision for additional judges or members) is amended as follows.

§ (2) In subsection (1), in paragraph (a) after "consultation with" insert "the Lord Chief Justice of England and Wales,".

§ (3) After subsection (2) insert—

§ "(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c.41).

§ 316 (1) Section 6 (administration) is amended as follows.

§ (2) In subsection (5) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales,".

§ (3) After subsection (6) insert—

§ "(7) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

§ 317 (1) In section 9 (procedure), in subsection (1) for "Lord Chancellor" substitute "president of the Court with the concurrence of the Lord Chancellor".

§ (2) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

§ Magistrates' Courts Act 1980 (c. 43)

§ 318 The Magistrates' Courts Act 1980 is amended as follows.

§ 319 (1) Section 67 (family proceedings courts and panels) is amended as follows.

§ (2) In subsection (2)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,".

§ (3) In subsection (5) for "on the Lord Chancellor" substitute ", exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice,".

§ (4) After subsection (8) insert—

§ "(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (2)(a)."

§ (5) In relation to the enactment referred to in this paragraph, the original amending provision is section 49(1) of the Courts Act 2003.

§ 320 (1) Section 68 (combined family panels) is amended as follows.

§ (2) In subsection (2), after "thinks fit" insert "after consulting the Lord Chief Justice".

§ (3) After subsection (6) insert—

§ "(6A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ (4) In relation to the enactment referred to in this paragraph, the original amending provision is section 49(2) of the Courts Act 2003 (c. 39).

§ 321 (1) In section 146 (rules relating to youth court panels and composition of youth court), in subsection (2) for "Lord Chancellor" substitute "Lord Chief Justice".

876

§ (2) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his powers under rules made under this section."

§ (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 50(3) of the Courts Act 2003.

§ Supreme Court Act 1981 (c. 54)

§ 322 (1) Section 130 of the Supreme Court Act 1981 (fees to be taken in Supreme Court) is amended as follows.

§ (2) In subsection (2)(a) for "President of the Family Division and the Vice-Chancellor" substitute "President of the Queen's Bench Division, President of the Family Division and the Chancellor of the High Court".

§ (3) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 263 of Schedule 8 to the Courts Act 2003 (c. 39).

§ Matrimonial and Family Proceedings Act 1984 (c. 42)

§ 323 The Matrimonial and Family Proceedings Act 1984 is amended as follows.

§ 324 (1) Section 40 (family proceedings rules) is amended as follows.

§ (2) In subsection (1)—

(a) for "by the Lord Chancellor together with any four or more of the following persons, namely—" substitute "by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons—"
(b) before paragraph (a) insert—

§ "(za) the Lord Chief Justice,".

§ (3) For subsection (3) substitute—

§ "(3) The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB).

§ (3ZA) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor.

§ (3ZB) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice.

§ (3ZC) A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice."

§ (4) Omit subsection (5).

§ (5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of the Courts Act 2003.

§ 325 (1) After section 40 insert—

§ "40A PROCESS FOR MAKING RULES OF COURT UNDER SECTION 40

§ (1) Family proceedings rules must be—

(a) signed by a majority of the members of the Family Proceedings Rule Committee, and
(b) submitted to the Lord Chancellor.

§ (2) The Lord Chancellor may allow or disallow rules so made.

§ (3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

§ (4) Rules so made and allowed by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and
(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

877

§ (5) A statutory instrument containing Family Proceedings rules is subject to annulment in pursuance of a resolution of either House of Parliament.

§ (6) In this section and section 40B "Family Proceedings rules" means rules of court made under section 40.

§ 40B RULES TO BE MADE IF REQUIRED BY LORD CHANCELLOR

§ (1) This section applies if the Lord Chancellor gives the Family Proceedings Rule Committee written notice that he thinks it is expedient for Family Proceedings rules to include provision that would achieve a purpose specified in the notice.

§ (2) The Committee must make such Family Proceedings 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 40A."

§ (2) The enactment referred to in this paragraph, for the purposes of paragraph 306(3), is section 40 of the Matrimonial Proceedings Act 1984, and in relation to that enactment the original amending provision is paragraph 278(a) of the Courts Act 2003.

§ Social Security Administration Act 1992 (c. 5)

§ 326 (1) Schedule 2 of the Social Security Administration Act 1992 (Commissioners, Tribunals etc—supplementary provisions) is amended as follows.

§ (2) In paragraph (1) (tenure of office), after sub-paragraph (5) insert—

§ "(5A) The Lord Chancellor may exercise a power conferred on him by sub-paragraph (4) above only with the concurrence of all of the following—

(a) the Lord Chief Justice;
(b) the Lord President of the Court of Session."

§ (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 39(3) of the Social Security Act 1998.

§ Civil Procedure Act 1997 (c. 12)

§ 327 (1) Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee) is amended as follows.

§ (2) After subsection (8) insert—

§ "(9) If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so."

§ (3) In relation to the enactment referred to in this paragraph, the original amending provision is section 85(1) of the Courts Act 2003 (c. 39).

§ Justices of the Peace Act 1997 (c. 25)

§ 328 (1) The Justices of the Peace Act 1997 is amended as follows.

§ (2) In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003 (c. 39).

§ 329 (1) Section 1 (Commission areas) is amended as follows.

§ (2) In subsection (2) for "by the Lord Chancellor by order made by statutory instrument" substitute "by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument".

§ (3) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

878

§ 330 (1) Section 4 (petty sessions areas) is amended as follows.

§ (3) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 331 In section 5 (appointment and removal of justices of the peace), in subsection (1) for "in like manner" substitute "by the Lord Chancellor with the concurrence of the Lord Chief Justice".

§ 332 (1) Section 6 (residence qualification) is amended as follows.

§ (2) In subsection (3) for "Lord Chancellor is" substitute "Lord Chancellor and the Lord Chief Justice are both".

§ (3) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 333 In section 7 (supplemental list for England and Wales), in subsection (4)—

(a) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,";
(b) for "Lord Chancellor is" substitute "Lord Chancellor and the Lord Chief Justice are both".

§ 334 In section 8 (removal of name from supplemental list), in subsection (1) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".

§ 335 (1) Section 9 (effect of entry of name in supplemental list) is amended as follows.

§ (2) In subsection (3) for "by the Lord Chancellor" substitute "by the Lord Chief Justice".

§ (3) After subsection (4) insert—

§ "(5) The Lord Chief Justice may not give an authorisation under subsection (3) unless the Lord Chancellor concurs.

§ (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (3)."

§ 336 In section 10A (appointment and tenure), in subsection (3) after "Lord Chancellor" insert ". with the concurrence of the Lord Chief Justice,".

§ 337 In section 10B (deputies), in subsection (2) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".

§ 338 (1) Section 10C (status) is amended as follows.

§ (2) In subsection (3) for "given by the Lord Chancellor from time to time" substitute "given by the Lord Chief Justice from time to time after consulting the Lord Chancellor".

§ (3) After subsection (4) insert—

§ "(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 339 (1) Section 24 (rules as to chairmanship and size of bench) is amended as follows.

§ (2) In subsection (5) omit "by the Lord Chancellor".

§ (3) After subsection (5) insert—

§ "(6) Rules under this section that relate to the matters referred to in any of paragraphs (c) to (e) of subsection (2) are to be made by the Lord Chief Justice after consulting the Lord Chancellor.

§ (7) Any other rules under this section are to be made by the Lord Chancellor after consulting the Lord Chief Justice.

§ (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

879

§ 340 In section 25 (records of justices of the peace) after subsection (4) insert—

§ "(5) The Lord Chancellor must consult the Lord Chief Justice before—

(a) designating a justice under subsection (1), or
(b) giving a direction under subsection (2).

§ (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 341 (1) Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows.

§ (2) In subsection (2)—

(a) in paragraph (a) after "Lord Chancellor insert "or the Lord Chief Justice";
(b) in paragraph (b)—

(i) after "Lord Chancellor" in the first place insert "or the Lord Chief Justice";
(ii) for "the Lord Chancellor" in the second place substitute "that person, or those persons,".

§ (3) In subsection (3)—

(a) in paragraph (a) after "Lord Chancellor" insert "or the Lord Chief Justice";
(b) in paragraph (b)—

(i) after "Lord Chancellor" in the first place insert "or the Lord Chief Justice";
(ii) for "the Lord Chancellor" in the second place substitute "that person, or those persons,".

§ (4) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 342 (1) Section 27A (magistrates' courts committees) is amended as follows.

§ (3) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 343 (1) Section 27B (alteration of committee areas) is amended as follows.

§ (2) In subsection (4) before paragraph (a) insert—

§ (za) the Lord Chief Justice;".

§ (3) After subsection (10) insert—

§ "(11) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 344 (1) Section 33 (alteration of petty sessions areas) is amended as follows.

§ (2) In subsection (2) after "Lord Chancellor" in the first place insert "after he has consulted the Lord Chief Justice".

§ (3) In subsection (3)—

(a) in paragraph (a) after "Lord Chancellor thinks fit" insert "after consulting the Lord Chief Justice";
(b) for paragraph (b) substitute—

§ "(b) a magistrates' court committee fail to comply within six months with a direction under subsection (2);

880

§ (bb) the Lord Chancellor is, after consulting the Lord Chief Justice, dissatisfied with the draft order or report submitted in pursuance of such a direction; or".

§ (4) After subsection (3) insert—

§ "(3A) The Lord Chancellor may only make an order to which subsection (3) applies after consulting the Lord Chief Justice."

§ (5) In subsection (4) after "appear to the Lord Chancellor" insert ", after consulting the Lord Chief Justice,".

§ (6) After subsection (5) insert—

§ "(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 345 (1) Section 53A (costs in legal proceedings) is amended as follows.

§ (2) In subsection (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".

§ (3) After subsection (6) insert —

§ "(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."

§ 346 (1) Section 54 (indemnification of justices and justices' clerks) is amended as follows.

§ (2) In subsection (6) for "by the Lord Chancellor" substitute "by the Lord Chief Justice after consulting the Lord Chancellor".

§ (3) After subsection (9) insert—

§ "(10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (6)."

§ 347 (1) Section 64 (training courses) is amended as follows.

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

§ (3) After subsection (3) insert—

§ "(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (1)."

§ Data Protection Act 1998 (c. 29)

§ 348 (1) Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases) is amended as follows.

§ (2) That paragraph becomes sub-paragraph (1) of paragraph 3.

§ (3) 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;
(c) the Lord Chief Justice of Northern Ireland.

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

(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)."

§ (4) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36)."

881

§ The noble and learned Lord said: My Lords, I inadvertently did not speak to this amendment although I was supposed to do so, for which I apologise.

§ This is part of a large group of amendments that give effect to the commitment I gave to the House in July to bring the Bill into conformity with your Lordships' decision to retain the Lord Chancellor. As your Lordships will be aware, this has been no small task and there are a few further changes to the Bill which remain necessary. Before I outline the amendments before us now I should like to give the House advance notice of what I envisage bringing forward at Third Reading.

§ I have already undertaken to the House that functions of the Lord Chancellor relating to the judiciary, the administration of justice and the Great Seal will be entrenched. That is, it will not be possible to transfer them away from the Lord Chancellor without primary legislation. Clause 100 of the Bill achieves this in respect of functions conferred on the Minister by the Bill. However, because many of the Lord Chancellor's functions will, now, be removed from the Bill (because they will remain with the retained Lord Chancellor, without modification), I will be bringing forward revised provisions to ensure that this entrenchment applies to the full range of relevant functions, whether they are otherwise dealt with in the Bill or not.

§ Similarly, I am advised that the Bill's provisions are no longer sufficient to enable the concordat to be implemented as we had envisaged in relation to functions in subordinate legislation, and in primary legislation enacted since the introduction of this Bill. I envisage therefore bringing forward provisions to address that lacuna too.

§ In addition I expect to bring forward additional amendments to Schedule 4 to bring functions not currently in the schedule into line with the concordat. There are major amendments which will introduce a single, uniform practice direction-making power for civil and family business across all levels of court, as agreed with the Lord Chief Justice in the concordat. Finally, there will be some minor amendments to provisions already in Schedule 4 to bring them into line with the concordat, to make other necessary amendments, and to correct errors and inconsistencies identified in the current print of the Bill.

§ I return to the amendments before us now. As I have said, they bring the Bill into line with the decision of this place to retain the Lord Chancellor. I hope that those of your Lordships with a particular interest in the matter will have already received the letter I sent last week explaining these changes in detail, and that we need not trouble ourselves today with prolonged consideration of them. As has become our custom regarding this Bill, I am happy to deal informally with any queries your Lordships have, and bring back any necessary changes at Third Reading.

§ I do not think that it is necessary for me to go through any of the particular changes in this group. I 882 should perhaps draw attention to Clause 84, which amends Section 10 of the Courts Act 2003 that relates to the appointments of lay justices, to provide with consultation of relevant people. Amendment No. 167 replaces the reference to the Secretary of State for Constitutional Affairs in Clause 84 with a reference to the Lord Chancellor. I do not think that there are any other changes to which it is sensible to draw your Lordships' attention.

§ Changes have been made to the way in which justices' clerks are appointed and reassigned, and my noble friend Lady Ashton outlined at length in Committee why these changes are so important. This schedule now contains the promised provision. I am convinced that these changes, alongside the existing statutory protection of the independence of justices' clerks and the non-statutory protections agreed with the judiciary that my noble friend outlined in Committee, will ensure that the judicial independence of justices' clerks continues to be protected. I draw attention specifically to that, because the role of justices' clerks has caused considerable concern among Members of this House. Therefore, it is right to say that there are provisions in Part 2 of Schedule 4 that relate to that.

§ I think that is all I need to draw attention to, and I apologise for not doing so before the dinner adjournment. This amendment is totally and completely uncontroversial, but it relates to the whole group of amendments. I beg to move.

§ 9 p.m.

§ Lord Kingsland
My Lords, I recall that when this matter came to your Lordships' attention earlier this year, the question was posed to the noble and learned Lord the Lord Chancellor by the noble Lord, Lord Renton, about the Cestui que Vie Act 1707. Has the noble and learned Lord the Lord Chancellor had the opportunity to delve into the mysteries of this legislation and take the matter up with the noble Lord?

§ Lord Falconer of Thoroton
My Lords, first, I congratulate the noble Lord on his memory. Second, I congratulate him on almost a clean ball at this point, sending my stumps flying in every direction.
No—although I cannot definitively say no—I will need to check this. My recollection is that I wrote a letter on that, but I will instantly check when I get back to my department and provide the noble Lord with a copy—

§ Baroness Ashton of Upholland
You did.

§ Lord Falconer of Thoroton
My Lords, encouragingly, but not convincingly, I am being told that I did write such a letter. I will send a copy to the noble Lord. If I did not send such a letter, I will instantly write one and send it. I apologise for not being in entire grip of that aspect.

§ Lord Kingsland
My Lords, I am much obliged to the noble and learned Lord.

883

§ Lord Mackay of Clashfern
My Lords, the noble and learned Lord referred to the justices' clerks. I have certainly been conscious of a certain, what shall I say, anxiety in that quarter. I am not altogether unaware of this having been expressed some years back in legislation that was put forward for altering the arrangements for the magistrates' courts.
Is there any line management arrangement for the justices' clerks? Are they completely independent, or are they answerable to managers within the Courts Service agency?

§ Lord Falconer of Thoroton
My Lords, they have line management responsibilities, and that is what is causing the problem, in that the Courts Act 2003 in effect made the justices' clerks civil servants, and therefore responsible, in an employment way, to people above them. The concern was that if they were not delivering on things that might be perceived to be the goals of the administration that might be prejudicial to them in relation to promotion or movement.
Therefore, we have sought to provide arrangements that protect the sanctity and objectivity of the process by which judgments are made about the appointment of justices' clerks and the movement or promotion of justices' clerks, and to achieve that by involving the Lord Chief Justice if there is any question in relation to that. The direct answer to the question asked by the noble and learned Lord is yes, they are responsible to a manager in some respects. That is why, I believe, the anxiety arose.

§ Lord Goodhart
My Lords, before the noble and learned Lord sits down, I should say that we have been in communication with the Justices' Clerks' Society, which is not satisfied with the steps that have been taken so far. There is an amendment tabled in our name which will be taken at a considerably later stage of the Bill, and we shall return to that issue on that occasion, when we will take into account the changes proposed in this amendment.

§ Lord Falconer of Thoroton
My Lords, I accept and understand that. My amendments are not in any way seeking to preclude debate and the resolution of the issue that the noble Lord is raising.

§ Lord Goodhart
My Lords, I entirely accept that.

§ On Question, amendment agreed to.

§ Clause 10 [The Great Seal]:

§ Lord Campbell of Alloway moved Amendment No. 27:

§ Leave out Clause 10.

§ The noble Lord said: My Lords, in moving the amendment, perhaps I may say that I shall also move Amendment No. 28 formally, in view of the undertakings that have been given by the noble and 884 learned Lord, Lord Falconer of Thoroton. Their effect is to retain keepership of the Great Seal with the Lord Chancellor. I beg to move.

§ Baroness Ashton of Upholland
My Lords, as was stated in Committee on 11 October, the Lord Chancellor will continue to hold the Great Seal. I promised to bring forward amendments to the Bill to that effect. I said that I would look at the arrangements in respect of the Commissioners of the Great Seal. I am satisfied that further legislative changes are not necessary. The noble Lord, Lord Campbell of Alloway, has pipped me to the post in tabling Amendments Nos. 27 and 28, which remove Clause 10 and Schedule 5, and I am happy to accept them.

§ Lord Campbell of Alloway
My Lords, I am very much obliged to the noble Baroness.

§ On Question, amendment agreed to.

§ Schedule 5 [Amendments relating to the Great Seal]:

§ Lord Campbell of Alloway moved Amendment No. 28:

§ Leave out Schedule 5.

§ On Question, amendment agreed to.

§ Clause 11 [Speakership of the House of Lords]:

§ Lord Campbell of Alloway moved Amendment No. 29: Page 5, line 25, leave out from beginning to first "the" and insert "The Lord Chancellor shall retain

§ The noble Lord said: My Lords, this amendment is a little more difficult. It is concerned with the Speakership of the House. I shall also speak to Amendment No. 31. It would leave out Schedule 6, which is also concerned with the Speakership.

§ The problem is that I have made a mistake in the drafting of this amendment, so I shall deal with it as a probing amendment. It was tabled in consultation with my noble friend Lord Kingsland, a brother Silk at the Bar, so inevitably it was subject to error. When I saw the Marshalled List, I thought that we had made an error and I was advised that the amendment was defective—and that the appropriate amendment was to leave out Clause 11 and Schedule 6 because, under Standing Orders, Speakership of the House is not a matter for primary legislation and, therefore, should not be left in.

§ Having confessed my error, I had an informal word with the noble and learned Lord, Lord Falconer, and I think that he understands the position. The merits of the arguments as to whether it should be the Lord Chancellor or an elected Speaker, as was proposed by the Select Committee, are for another day. However, I point out that the report of the Select Committee was wholly based on the assumption that we did not have a Lord Chancellor, but now we do. So that is somewhat otiose.

§ The merits have been spoken to on a previous occasion, certainly by me at Second Reading and on Report. I know that noble Lords, on some other occasion—not on primary legislation—will wish to speak on the merits, in particular my noble friend Lord 885 Dean of Harptree. After I have heard what your Lordships say, I shall eventually withdraw the amendment so that this matter may be put right at Third Reading. I beg to move.

§ Lord Maclennan of Rogart
My Lords, it may be that some understanding has been reached between the noble Lord, Lord Campbell of Alloway, and the Lord Chancellor on this amendment, but it seems a little odd to have on the face of the Bill a clause that deals with the Speakership. However, I do not agree with the substance of the amendment that was moved by the noble Lord, Lord Campbell, and it is very much a matter for this House to decide, not in debates following primary legislation, but following a debate and deliberation on the report of the Select Committee about who should chair. My firm view is that whoever should chair should not be the head of a department which is responsible for spending £3 billion of public money. It is a complete diversion of energy in the wrong direction. I cannot think of any good reason why we should wish that the Lord Chancellor in his new role adhere to the past practice. However, as the noble Lord, Lord Campbell, said, that may be a debate for another day and I have some sympathy with his view about the presence of this clause in the Bill.

§ Lord Kingsland
My Lords, if I understand my noble friend Lord Campbell correctly, I appear, inadvertently of course, to have misled him on the proper direction of his amendment and I formally and publicly apologise for so doing. It has prevented your Lordships considering the substance of the matter tonight and we must wait, with anticipation, to deal with the matter at Third Reading.
However, I cannot allow the moment to pass without expressing a view about the Speakership of your Lordships' House. This is a very important issue which requires careful thought and upon which taking the wrong decision could change the whole character of the House. That is why I submit that the clause on the Speakership and the accompanying schedule should not remain part of the Bill.
This Bill, and the review by the noble and learned Lord, Lord Lloyd of Berwick, and his committee on the Speakership of the House were predicated on the assumption that the office of Lord Chancellor would no longer exist. Your Lordships' House has now determined not only that the office should continue to exist but that the Lord Chancellor should remain in your Lordships' House.
For my part, I wish to see the Lord Chancellor continuing in his historic role as Speaker of the House. The ancient office and high degree of that office reflect and embody the authority and precedence of this House. I had thought that the noble and learned Lord, Lord Falconer, had indicated that he would be willing to continue to serve as Speaker while remaining Lord Chancellor. Therefore, it was somewhat disappointing to read of a recent remark that he made to a newspaperman to the effect that he would very much like the Lord Chancellor not to be Speaker of your Lordships' House.
886 Your Lordships have shown in recent changes to procedure that the House is willing to accommodate change to suit the personal preferences of the incumbent Lord Chancellor. I cite, for example, the rules concerning speaking to legislation. My noble friend Lord Strathclyde, the Leader of the Opposition, has openly advocated further change—for example, no longer to require the noble and learned Lord to robe for or preside at Divisions and to reduce our calls on him to preside at Question Time. But it is a far cry from sensible incremental change to a wholesale change that would dispense with the traditions of your Lordships' House and could see us moving towards a full-time Speaker with authority over the House. At the very least, we should not take such a far-reaching decision in the fringes of, or as a by-product, of a wider Bill.
I agree with my noble friend Lord Campbell of Alloway and accept his view that the Lord Chancellor should remain, at least, the titular Speaker of your Lordships' House. However, I am relieved to hear that he will not press his amendment this evening because I believe that it would add to what I consider to be the mistaken course of the Government in including these provisions in the Bill. With the greatest respect to another place, I do not think that the other place should have any part in determining the internal procedures or arrangements of your Lordships' House. The other place would rightly regard it as an unacceptable impertinence if your Lordships were to propose legislation affecting the role of Mr Speaker. Surely the reverse applies, and we should not invite another place to think otherwise.
Therefore, I would not send any amendment to another place that risked the Members of another place dictating who should be the Speaker of your Lordships' House. This matter should be determined in your Lordships' House by your Lordships' House and with the interests of your Lordships' House exclusively in mind.
We can achieve that objective through our own Standing Orders and after a full discussion on the basis of the proposals made by my noble friend Lord Strathclyde, including some of the ideas contained in the report of the noble and learned Lord, Lord Lloyd of Berwick. That, I submit, would be the right course, with proper respect to the traditions and authority of your Lordships' House, and it would still allow your Lordships to relieve the Lord Chancellor of all but ceremonial duties.

§ Lord Falconer of Thoroton
My Lords, I shall deal, first, with the position of the noble Lord, Lord Campbell of Alloway. I understand that the noble Lord will not move his amendment, which states that the Lord Chancellor should retain the Speakership, and that the only amendment in which he is now interested is the one relating to Schedule 6. I am sorry; I misunderstood the noble Lord.

§ Lord Campbell of Alloway
My Lords, I had better intervene or we shall get into a muddle. I am speaking to both the substantive amendment and the 887 amendment relating to the schedule, but I am asking for leave to withdraw one and not to move the other on the basis that they are probing amendments. Having admitted my error, I undertake to table an amendment at Third Reading that both be left out. I have confirmed with the Table that it is proper to do that at Third Reading.

§ Lord Falconer of Thoroton
My Lords, I am not sure what is meant by both being left out. It is within the gift of the noble Lord, Lord Campbell of Alloway, to miss out the first one. I understand what he means by leaving out Schedule 6. I shall deal with both amendments.
The first amendment proposes that the Lord Chancellor retain the Speakership of the House. As has been made clear right from the outset, we would oppose that. I believe that there is broad agreement now about what the new Lord Chancellor should do: he should not be a judge; he should not be head of the judiciary; but he should be responsible for the department, for the ministerial end of the concordat, for the independence of the judiciary and the rule of law. That is a full-time job. I respectfully submit that it is not wise, not sensible and not compelling that he should also be the Speaker of the House—not for any reason of constitutional nicety, but because the job specified is a full-time job.
The noble Lord, Lord Kingsland, suggests that it would be nice for the Lord Chancellor to be Speaker but not in a way that involved him doing anything. The moment the matter is put like that, the absurdity of the position is made absolutely clear. The noble Lord, Lord Kingsland, wishes me to be Speaker of the House not because of the role that I would perform but to block anyone else becoming Speaker. There would be a great roadblock in the way.
I express no view in this debate about what the alternative arrangements should be. However, the one thing that is absolutely clear is that a person doing the three-pronged job that we all agree that the Lord Chancellor should perform, should not also be the Speaker of the House of Lords. No reason has been advanced by the noble Lords, Lord Kingsland and Lord Campbell of Alloway, other than the fact that the Lord Chancellor has been Speaker for a considerable time. The implication of the argument advanced by the noble Lord, Lord Kingsland, is that it would block anybody else. In my respectful submission, that does not provide any reason at all for the Lord Chancellor to continue as Speaker, and I would strongly oppose it.
Having said that, I respectfully submit that the right course in relation to the Speakership is that it should be dealt with by this House—not by both Houses of Parliament. I also submit that there should not be an amendment of the kind that the noble Lord, Lord Campbell of Alloway, proposes: namely, that the Lord Chancellor should retain the Speakership. Our Schedule 6 simply allows the Speakership to change without compelling any change in the Speakership. The way in which that is achieved is by amending any Acts of Parliament in which the Lord Chancellor acts as Speaker and replacing them with the words "the 888 Speaker of the House of Lords". At the end of the day, if the House does not want to make a change, Schedule 6 does not compel it; but Schedule 6 allows it.
The noble and learned Lord, Lord Lloyd of Berwick, has produced a report saying that there should be a change. Although I accept the point made by the noble Lord, Lord Kingsland, that it is predicated on the abolition of the Lord Chancellorship, the noble and learned Lord, Lord Lloyd, has made it clear to me that he still thinks that the Lord Chancellor should not be the Speaker of the House of Lords. It would be completely wrong to close our eyes to the fact that change is required. It would be completely wrong for us to close our eyes to the fact that change may well occur. In the Bill, we should not compel the House to make the change, but we should allow the House, if it wishes, to make the change.
Therefore, I invite the noble Lord, Lord Campbell of Alloway, neither to press his amendment nor to bring it back at Third Reading. I believe that the universal view of the House is that this is not a matter for both Houses of Parliament. Equally, I invite the noble Lord, Lord Campbell of Alloway, not to bring back his amendment in relation to Schedule 6, which is a facilitating amendment, not a compelling amendment.

§ Lord Campbell of Alloway
My Lords, I am grateful to the noble and learned Lord. The reason I have not argued the merits is not because I am not capable of arguing them, but because I do not think that this is the occasion on which we should argue them. That is all. I think that they should be argued on another occasion. In any event, my noble friend Lord Kingsland has put up a pretty good argument on them. At this hour of night nobody wants to hear too much argument on the merits when this is not the occasion on which we are supposed to be arguing them. Frankly, I do not accept the criticism, but it does not worry me overmuch.
It worries me that the noble and learned Lord does not seem to understand that I wish to ask the leave of the House to withdraw the amendment and that I wholly accept that the schedule is consequential. By withdrawing the one amendment, I would then formally ask leave not to move the other.
I would naturally like to thank the noble Lord on the Liberal Democrat Benches for his kind speech, and for their indulgence for my error and their understanding of the reasons. They may not agree on the merits, but we are not considering them. All I want to do is to remove this clause so that we may on another occasion debate the merits, but not in primary legislation. That derogates from the privileges of this House and probably—although we are not supposed to speak of them—from the privileges of the other place. Each House has its own privilege and neither House should have them removed or amended by primary legislation unless there is an overall Bill which attacks the privilege of the House. I suppose that anything can happen, but we do not have such a Bill yet.

889

§ I respectfully beg leave to withdraw the amendment.

§ Amendment, by leave, withdrawn.

§ Lord Goodhart moved Amendment No. 30: After Clause 11, insert the following new clause—

§ "SALARY AND PENSION

Schedule (Salary and pension of the Lord Chancellor) contains amendments relating to the salary and pension of the Lord Chancellor."

§ The noble Lord said: My Lords, in speaking to Amendment No. 30, I shall speak also to Amendment No. 32. These are new amendments. Under the original Bill, the Lord Chancellor would have transmuted into a Secretary of State with a consequential right to a statutory salary under the Ministerial and other Salaries Act 1975. That consequence would be automatic and does not need to be spelled out in the Bill.

§ Following the vote in Committee to retain the office of Lord Chancellor, there is a need to consider what should be the salary of the Lord Chancellor. One possibility would be to retain the existing statutory salary, which is linked to the salary of the Lord Chief Justice. Under the 1975 Act the Lord Chancellor gets £2,500 more than the Lord Chief Justice. That salary is somewhat higher than that of the Prime Minister. That seems inappropriate when the Lord Chancellor no longer holds judicial office, which is the basis on which the link to the Lord Chief Justice's salary was based.

§ 9.30 p.m.

§ Another possibility is to go back to what would have been the consequence of that Bill as originally drafted and to treat the Lord Chancellor as being entitled to the same salary as a Secretary of State. Indeed, I understand that that is the salary that the noble and learned Lord in fact draws. I proposed that in a Private Member's Bill introduced in the 2002–03 Session. Having obtained a Second Reading of that Bill, I took no steps to take it any further.

§ However, simply to link the salary of the Lord Chancellor to that of a Secretary of State would fail to take into account the effect of the vote in your Lordships' House to retain the office, which requires some continued recognition of the separate status of the Lord Chancellor. It is therefore necessary to decide what the Lord Chancellor should get and to legislate for it in the Bill. Our proposal is that the Lord Chancellor's salary should be linked to the ministerial salary of the Prime Minister and should be £10,000 a year less than that salary. That means that the Lord Chancellor would continue to be entitled to a higher ministerial salary than a Secretary of State or the Attorney-General, although significantly less than he is at present entitled to receive and would receive if he were to draw the full salary.

§ Under my amendment, the Lord Chancellor, if in the House of Lords, would also receive the allowance under the Ministerial and Other Pensions and Salaries Act 1991 for Ministers in the House of Lords. On pensions, the effect of my amendment is that the Lord 890 Chancellor would continue to receive a pension equal to half his salary on leaving office, although the pension would of course be based on a lower salary. The salary of the pension would continue to be paid from the Consolidated Fund.

§ That pension would be received whatever the length of service, as is the case at present. That is a privilege shared only with the Prime Minister and the Speaker of the House of Commons. I believe that that is appropriate because the rejection of the Lord Chancellor's advice on the rule of law would, more than likely, lead to his resignation and he should at least have the cushion of a pension of a fixed amount, irrespective of his length of service.

§ Salaries and public expenditure are plainly a matter for the other place, rather than your Lordships' House, but I have made these proposals because I want to hear whether the Government have considered the issue; if so, what are their proposals; and, if they have not yet finalised those proposals, when we are likely to receive them. Our proposals strike a reasonable balance and I hope that the Government will produce something similar, either at Third Reading or when the Bill reaches the other place. I beg to move.

§ Lord Kingsland
My Lords, broadly speaking, I support the speech of the noble Lord, Lord Goodhart, on the question of both salary and pensions. On salary, the Lord Chancellor should receive a salary that is slightly less than the salary received by the Prime Minister but more than all other members of the Cabinet. On his pension, I entirely agree with the noble Lord, Lord Goodhart, that it should be half of the salary, payable immediately on leaving office.

§ Lord Falconer of Thoroton
My Lords, this is an important issue. We touched on it briefly on 11 October. We agreed that we needed to consider the salary and pension rights of the ministerial post in the Bill, whether or not it carried the title Lord Chancellor. The effect of what the noble Lord, Lord Goodhart, said is that if the office of Lord Chancellor remains, there should be some particular pay and pension arrangement relating to it.
The view was expressed on 11 October that it would be hard to justify continuing the present arrangements where the Lord Chancellor is required to be paid more than the Lord Chief Justice when he, the Lord Chancellor, is no longer at the head of the judiciary. That appears to be obviously right. There appeared to be a general view that special arrangements are needed but there was no agreement on what those arrangements would be.
We must bear in mind that we are considering the salary and pension rights of a different ministerial post from the existing office of Lord Chancellor. Even though this House has decided that the post should have the title of Lord Chancellor, it does not necessarily follow that the new rights accruing to it should be considered only in the context of the existing office. That is broadly the point that the noble Lord makes.
891 The amendments are an attempt to address some of the core issues. They do not yet provide a coherent package. Of particular concern is the unfortunate—and, I am certain, unintended—omission of provisions protecting the position of former Lord Chancellors—I am looking across at one—or their widows. They might legitimately be upset about that. Provision to protect the position of the widows and dependents of future holders of the new office was also omitted. Both our families may not be happy about the arrangements. I suspect that the amendment tabled by the noble Lord, Lord Goodhart, was not intended to provide for the complete package.
I have listened with interest to the arguments that the noble Lord, Lord Goodhart, and other noble Lords have contributed to the debate. Of course the new ministerial figure must have appropriate salary and pension arrangements. I am not clear what exactly the noble Lord proposes regarding pay. I understood him as saying that it would be the Prime Minister's ministerial salary, not his salary as a Member of Parliament on top, and also what he described as the ministerial "allowance" which a Minister in the Lords would get. It appeared that the noble Lord was referring to both; I do not think that there are both, so I am not entirely clear what is proposed.

§ Lord Goodhart
My Lords, when I referred to the Prime Minister's ministerial salary, I meant exactly that. In calculating the Lord Chancellor's salary, there should be no linkage to the salary that the Prime Minster receives as a Member of Parliament. As I understand it, the 1991 Act provides for allowances to be payable to Ministers in the House of Lords. Those are quite small; they are around £5,000 a year. As they are payable to Ministers in the House of Lords, so long as the Lord Chancellor is in the House—he is required to be as a result of today's vote—it seemed appropriate that he receive that allowance. In any event, if the Lord Chancellor was in the House of Lords as a result of the exercise of the Prime Minister's discretion, he should be entitled to draw that allowance as well as his ministerial salary.

§ Lord Falconer of Thoroton
My Lords, I am grateful for that. I think that the noble Lord proposes a salary of £10,000 less than the Prime Minister's ministerial salary. As a consequence, the Lord Chancellor's salary would be marginally more than my current salary as Secretary of State. My current Secretary of State's salary is around £98,000; it is proposed that the Lord Chancellor's salary be around £110,000. I am grateful for that. I am told that the Lord Chancellor is currently barred from receiving the allowances that other Lords Ministers receive, so that would be a benefit to the new Lord Chancellor.
I understand where the noble Lords, Lord Goodhart and Lord Kingsland, are coming from but I do not agree with the structure proposed in the amendments, even putting aside their particular deficiencies—namely, the effect on previous Lord Chancellors and on my dependents is not necessarily the best outcome. I accept that the salary and therefore 892 the pension of the post must be considered in the light of the Prime Minister's and other ministerial remuneration.
The right course at this stage is to consider very carefully what has been said. I do not think that anybody has quite got it right yet. We must consider what the best approach is. It is a point of very considerable importance, having regard to the role of the Lord Chancellor in relation to the rule of law and the independence of the judiciary. I am sorry that I have not come forward with positive proposals but I recognise the importance of the point.

§ Lord Goodhart
My Lords, I am grateful to the noble and learned Lord for his reply. As I made clear, I put forward these amendments in order to get the subject discussed. It is an important subject that has not been fully discussed previously. I accept that there are problems with which I have not dealt, such as the rights of families of either former or future Lord Chancellors.
Having said that, it is clear that some provision about the Lord Chancellor's salary and pension should go in this Bill rather than waiting for some other Bill. I very much hope that that will be achieved, probably in the other place. I can see that it would not be practicable to introduce it in your Lordships' House before Third Reading. But before the Bill leaves the other place on its way back here, it should contain appropriate provisions for the Lord Chancellor's salary and pension. I beg leave to withdraw the amendment.

§ Amendment, by leave, withdrawn.

§ Schedule 6 [Speakership of the House of Lords]:

§ [Amendment No. 31 not moved.]

§ [Amendments Nos. 32 to 34 not moved.]

§ Clause 13 [Part 1: interpretation]:

§ Lord Kingsland moved Amendment No. 35: Leave out Clause 13.

§ The noble Lord said: My Lords, I think that, consistent with Amendments Nos. 27 and 28, which were moved by my noble friend Lord Campbell of Alloway, I must also move Amendment No. 35 so that we can expunge any mention of the Great Seal from the Bill. I beg to move.

§ Baroness Ashton of Upholland
My Lords, on a happy note, as the noble Lord quite rightly says, Amendment No. 35 falls into the same category as the others in group 13. I am happy to accept the amendment.

§ On Question, amendment agreed to.

§ Lord Evans of Temple Guiting
My Lords, I beg to move that consideration on Report be now adjourned.

§ Moved accordingly, and, on Question, Motion agreed to.

§ House adjourned at seventeen minutes before ten o'clock.