Office of Public Sector Information
SCHEDULE 4 continued PART 1 continued
47 (1) Paragraph 8 (application to court to challenge order) is amended as follows.
(2) That paragraph becomes sub-paragraph (1) of paragraph 8.
(3) In that sub-paragraph “for High Court” substitute “appropriate court”.
(4) After that sub-paragraph insert—
“(2) In this paragraph “appropriate court” means—
(a) if the order relates to land in England and Wales, the High Court in England and Wales;
(b) if the order relates to land in Scotland, the Court of Session;
(c) if the order relates to land in Northern Ireland, the High Court in Northern Ireland.”
48 Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).
49 In the Agriculture Act 1958, in section 5 (functions under section 73 of the Agriculture Act 1947) for “by the Lord Chancellor and not by the Minister” substitute “as provided for in that section”.
50 (1) Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958 (interpretation) is amended as follows.
(2) In paragraph (1), in the definition of “appointed person” for the words from “appointed by” to the end substitute “appointed in accordance with sub-paragraph (1A) of paragraph 4 of the Second Schedule to the Act to hold an inquiry pursuant to that paragraph;”.
51 In section 145 of the Mental Health Act 1959 (general provisions as to regulations, orders and rules) omit “or the Lord Chancellor”.
52 In section 14 of the Administration of Justice Act 1960 (procedure on application for habeas corpus), in subsection (2) omit “; and no such application shall in any case be made to the Lord Chancellor”.
53 The Transport Act 1962 is amended as follows.
54 (1) Section 74 (Minister’s power to make orders about pensions) is amended as follows.
(2) In subsection (6)(c) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.
(3) After subsection (9) insert—
“(10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
55 (1) Section 81 (compensation to officers and servants of the Commission) is amended as follows
(2) In subsection (4)(b) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.
(3) After subsection (10) insert—
“(11) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
56 (1) In Schedule 7 (transitional provisions) paragraph 17 is amended as follows.
(2) In sub-paragraph (3) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.
(3) After sub-paragraph (6) insert—
“(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.”
57 Schedule 11 (application to Northern Ireland) is amended as follows.
58 (1) Paragraph 6 (appointment of referee or board of referees) is amended as follows.
(2) That paragraph becomes sub-paragraph (1) of paragraph 6.
(3) After that sub-paragraph insert—
“(2) 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;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
59 Omit paragraph 10.
60 (1) Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as follows.
(2) That section becomes subsection (1) of section 15.
(3) In that subsection for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After that subsection insert—
“(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”
61 (1) In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6 is amended as follows.
(2) In sub-paragraph (2)—
(a) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice of England and Wales”;
(b) before “the Lord Chief Justice of Northern Ireland” insert “by the Lord Chancellor with the concurrence of”.
(3) After sub-paragraph (4) insert—
“(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.
(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
62 (1) Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for particular sittings) is amended as follows.
(2) In subsection (4) after “expedient to do so” insert “after consulting the Lord Chief Justice”.
(3) After subsection (5) insert—
“(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
63 The Taxes Management Act 1970 is amended as follows.
64 In section 2 (General Commissioners), after subsection (6) insert—
“(6A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales or, in Northern Ireland, the Lord Chief Justice of Northern Ireland before exercising any function conferred on him by subsection (1) or (6).
(6B) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(6C) The Lord Chief Justice of Northern Ireland may nominate one of the following to exercise his functions under this section—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
65 (1) Section 4 (Special Commissioners) is amended as follows.
(2) After subsection (3) insert—
“(3A) The Lord Chancellor may designate 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.”
(3) After subsection (4) insert—
“(4A) The Lord Chancellor may remove a Special Commissioner from office under subsection (4) only with the concurrence of the appropriate senior judge.
(4B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a) the Special Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b) the Special Commissioner exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”
(4) After subsection (7) insert—
“(8) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3A).
(9) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A).
(10) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
66 (1) Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) 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, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the 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 one of the following persons as mentioned in subsection (1)(a)—
(a) a judge of the Court of Appeal;
(b) a person who has held office as a judge of the Court of Appeal or of the High Court;
(c) one of Her Majesty’s Counsel.
(1B) An appointment under this section is—
(a) for such period, or
(b) for the purpose of hearing such appeals,
as the Lord Chief Justice determines, after consulting the Lord Chancellor.”
(3) After subsection (4) insert—
“(4A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
67 The Courts Act 1971 is amended as follows.
68 In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after “fit” insert “and if the Lord Chief Justice agrees”.
69 (1) Section 21 (appointment of Recorders) is amended as follows.
(2) For subsections (3) and (4) substitute—
“(3) The appointment of a person as a Recorder shall specify the following—
(a) the term for which he is appointed;
(b) the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder;
(c) the circumstances in which the Lord Chancellor may—
(i) decline to extend the term of the appointment, or
(ii) terminate the appointment,
(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)).
(4) Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees.
(4A) Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder’s appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate.
(4B) The Lord Chancellor must not extend the term of a Recorder’s appointment unless the Recorder agrees to the extension.
(4C) The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder’s appointment on any of these grounds—
(a) the incapacity or misbehaviour of the Recorder;
(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;
(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.”
(3) For subsection (6) substitute—
“(6) The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds—
(a) the incapacity or misbehaviour of the Recorder;
(b) a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment;
(c) one or more of the circumstances specified under subsection (3)(c) in his appointment applies.”
70 (1) Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows.
(2) In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After subsection (3) insert—
“(3A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).”
71 (1) Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows.
(2) In subsection (1)—
(a) for “the Lord Chancellor” substitute “him”;
(b) omit “, he may”;
(c) in paragraph (a), before “appoint” insert “the Lord Chief Justice may, with the concurrence of the Lord Chancellor,”, and omit the word “or” in the last place where it occurs;
(d) in paragraph (b), before “appoint” insert “the Lord Chancellor may”.
(3) After subsection (5) insert—
“(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).”
72 In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
73 In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.
74 (1) Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies and professional panels) is amended as follows.
(2) In the table in paragraph 21 (application of Parts 1 to 3 to Northern Ireland), in the entry for paragraph 1—
(a) for “the references to the Lord Chancellor and” substitute “any reference to”;
(b) for “respectively references to the Lord Chief Justice of Northern Ireland and” substitute “a reference to”.
(3) In that table, in the entry for paragraph 13—
(a) for “the references to the Lord Chancellor and” substitute “any reference to the”;
(b) for “respectively references to the Lord Chief Justice of Northern Ireland and” substitute “a reference to”;
(c) at the end of that entry insert—
“After sub-paragraph (2) there shall be inserted— “(3) The Lord Chancellor must obtain the concurrence of the Lord Chief Justice of Northern Ireland before exercising his functions under sub-paragraph (1)(a). (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).”” |
75 In section 16 of the Land Charges Act 1972 (general rules), in subsection (2) omit “of the Lord Chancellor, with the concurrence of the Secretary of State,”.
76 (1) Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree nisi: religious marriage) is amended as follows.
(2) In subsection (6) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.
(3) After subsection (7) insert—
“(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
77 The Juries Act 1974 is amended as follows.
78 In section 5 (panels of persons summoned as jurors), after subsection (4) insert—
“(5) The Lord Chancellor must consult the Lord Chief Justice before giving any direction under subsection (1).
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
79 (1) Section 9AA (requirement to issue guidance) is amended as follows.
(2) In subsection (1) after “shall” 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
80 (1) Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974 (interpretation) is amended as follows.
(2) In paragraph (1), in the definition of “the chairman” for the words from “appointed” to “Northern Ireland” in the second place substitute “appointed in accordance with paragraph 2, 3 or 4 of Schedule 3 to the Plant Varieties Act 1997”.
81 (1) Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows.
(2) In paragraph 4 (constitution and sittings)—
(a) that paragraph becomes sub-paragraph (1) of paragraph 4;
(b) in that sub-paragraph after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,”;
(c) after that sub-paragraph insert—
“(2) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.
(3) 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.
(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
(3) In paragraph 5 (Scottish proceedings) for “paragraph 4” substitute “paragraph 4(1)”.
(4) In paragraph 8(a) (meaning of “appointor”) for “paragraph 4” substitute “paragraph 4(1)”.
(5) After paragraph 8 insert—
“8A Where the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge.
8B The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”
82 The Local Land Charges Act 1975 is amended as follows.
83 After section 13 insert—
(1) Each registering authority in England must specify fees which are to be payable by persons for services relating to local land charges which are provided to them by the authority.
(2) This section does not apply to any fees payable for the making of a personal search (for which see section 14(1)(h)(i) below).
(3) Different fees may be specified for different services or descriptions of service.
(4) A registering authority may provide for there to be services or descriptions of service in respect of which no fees are to be payable.
(5) In specifying fees, a registering authority must secure that, taking one financial year with another, the income from fees for each service or description of service, or for each group of services or descriptions of service that they think appropriate, does not exceed the costs of its provision.
(6) When exercising the duty under subsection (1) above, a registering authority must specify the date on or after which the fees specified under that subsection are to be payable.
(7) Where the duty under subsection (1) above is exercised by a registering authority, they must publish details of the fees specified under that subsection before the date mentioned in subsection (6) above.
(8) If any fees specified under subsection (1) above are to be the same immediately before as immediately after the beginning of a financial year, a registering authority must publish details of those fees shortly before the beginning of the financial year.
(9) In specifying fees or publishing details of fees, a registering authority must have regard to such guidance as the Lord Chancellor may issue.
(10) That guidance—
(a) may also include provision concerning the manner in which fees are to be paid, and
(b) may be framed by reference to guidance issued by a person other than the Lord Chancellor.
(11) The Lord Chancellor must lay before both Houses of Parliament any guidance that he issues under this section.
(12) In this section “financial year” means a period of 12 months beginning with 1st April.”
84 (1) Section 9 (official searches) is amended as follows.
(2) For subsection (3) substitute—
“(3) In relation to England, the fee (if any) specified by a registering authority under section 13A below shall be payable, in such manner as the authority may specify, in respect of any requisition made under this section to that authority.
(3A) In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.”
(3) In subsection (4)—
(a) after “fee” insert “(if any)”;
(b) after “(3)” insert “or (3A)”.
85 (1) In section 14 (rules), for subsection (1)(h) substitute—
“(h) for prescribing—
(i) in relation to England, the fees, if any, to be paid for the making of any personal search;
(ii) in relation to Wales, the fees, if any, to be paid for the filing of documents with a registering authority, the making of any entry on a register, the supply of copies of, or the variation or cancellation of, any such entry, and the making of any search of a register.”
(2) The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.
86 (1) Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows.
(2) After subsection (3) insert—
“(3A) The Lord Chancellor may give approval to an order under subsection (3) only after consulting the relevant judges.”
(3) After subsection (4) insert—
“(4A) The Lord Chancellor may make an appointment under subsection (4) only with the concurrence of the relevant judges.”
(4) In subsection (7) after “Lord Chancellor” insert “and the relevant judges”.
(5) After subsection (8) insert—
“(8A) The Lord Chancellor may give his approval under section (8) only with the concurrence of the relevant judges.”
(6) After subsection (11) insert—
“(11A) The Lord Chancellor may give his approval to the removal of a member under subsection (11) only with the concurrence of the Lord Chief Justice of England and Wales.”
(7) After subsection (17) insert—
“(18) References in this section to the relevant judges are references to 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.
(19) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section, except his functions under subsection (11A).
(20) 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.
(21) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
Constitutional Reform Act 2005