Office of Public Sector Information

Race Relations Act 1976 (c. 74)

87 (1) Section 67 of the Race Relations Act 1976 (sheriff courts and designated county courts) is amended as follows.

(2) In subsection (1) after “Lord Chancellor” 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

Rent (Agriculture) Act 1976 (c. 80)

88 In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure), omit subsection (5).

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

89 (1) Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (the arbitration tribunal) is amended as follows.

(2) After subsection (2) insert—

“(2A) The arbitration tribunal shall either sit as a single tribunal or sit in two or more divisions, as the Lord Chancellor may direct 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.”

(3) In subsection (3) for the words from the beginning to “consist of” substitute “For the hearing of any proceedings, the arbitration tribunal shall, subject to subsection (4) below, consist of”.

(4) After subsection (8) insert—

“(8A) Where the appointor is, by virtue of subsection (8)(a), the Lord Chancellor, the power conferred by subsection (5)(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 whose office is to be declared vacant exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”

(5) At the end insert—

“(11) 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 (2A)(a).

(12) 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 (2A)(b).

(13) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (2A)(c)—

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

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

Patents Act 1977 (c. 37)

90 The Patents Act 1977 is amended as follows.

91 (1) Section 97 (appeals from the comptroller) is amended as follows.

(2) In subsection (2) for “or on behalf of the Lord Chancellor” substitute “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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).”

92 (1) Section 102A (right of audience etc in proceedings on appeal from the comptroller) is amended as follows.

(2) In subsection (3) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice of England and Wales,”.

(3) After subsection (6) insert—

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

Administration of Justice Act 1977 (c. 38)

93 (1) Section 23 of the Administration of Justice Act 1977 (jurisdiction of ancient courts) is amended as follows.

(2) In subsection (4) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.

(3) After subsection (5) insert—

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

Rent Act 1977 (c. 42)

94 Omit section 142 of the Rent Act 1977 (rules as to procedure).

National Health Service Act 1977 (c. 49)

95 In Schedule 9A to the National Health Service Act 1977 (Family Health Services Appeal Authority), in paragraph 5 (appointment of members of Authority) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.

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

96 (1) Section 2 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for financial provision) is amended as follows.

(2) In subsection (3) omit the second paragraph.

(3) After subsection (3) insert—

“(4) An order made by the Lord Chancellor under this section—

(a) shall be made only after consultation with the Lord Chief Justice;

(b) shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.

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

Customs and Excise Management Act 1979 (c. 2)

97 In Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to forfeiture), after paragraph 17(4) insert—

“(5) The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence—

(a) where the proceedings referred to in sub-paragraph (1) were taken in England and Wales, of the Lord Chief Justice of England and Wales;

(b) where those proceedings were taken in Scotland, of the Lord President of the Court of Session;

(c) where those proceedings were taken in Northern Ireland, of the Lord Chief Justice of Northern Ireland.

(6) 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.

(7) 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.

(8) 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).”

Tobacco Products Duty Act 1979 (c. 7)

98 (1) Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows.

(2) In subsection (4) for the words from “by the Lord Chancellor” to the end substitute “in accordance with subsections (7) to (9).”

(3) After subsection (6) insert—

“(7) The Lord Chancellor is to appoint the referee.

(8) The appointment is to be made only with the concurrence of—

(a) the Lord Chief Justice of England and Wales, if the determination of the Commissioners was made in relation to England and Wales;

(b) the Lord President of the Court of Session, if the determination was made in relation to Scotland; or

(c) the Lord Chief Justice of Northern Ireland, if the determination was made in relation to Northern Ireland.

(9) None of the following may be appointed—

(a) an official of any government department;

(b) an office holder in, or a member of the staff of, the Scottish Administration.

(10) 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.

(11) 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.

(12) 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).”

Magistrates' Courts Act 1980 (c. 43)

99 The Magistrates' Courts Act 1980 is amended as follows.

100 (1) Section 3B (transfer of trials of summary offences) 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) After subsection (4) insert—

“(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).”

101 (1) Section 67 (Family Proceedings Courts) (as substituted by section 49(1) of the Courts Act 2003 (c. 39)) is amended as follows.

(2) In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice”.

(3) In subsection (4) for “Lord Chancellor may by rules” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, by rules”.

(4) In subsection (5) for “Lord Chancellor” substitute “Lord Chief Justice”.

(5) After subsection (8) insert—

“(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or the powers conferred on him by rules under subsection (4).”

102 (1) Section 144 (rule committee and rules of procedure) is amended as follows.

(2) Before subsection (1) insert—

“(A1) The Lord Chancellor may appoint a rule committee for magistrates' courts.”

(3) In subsection (1)—

(a) for the words from the beginning to “and may on” substitute “The Lord Chief Justice may on”;

(b) after “consultation with the rule committee” insert “, and with the concurrence of the Lord Chancellor,”.

(4) After subsection (1) insert—

“(1A) If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice and the rules committee written reasons for doing so.”

(5) In subsection (2) for “he may determine” substitute “he may, after consulting the Lord Chief Justice, determine”.

(6) 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.”

103 After section 144 insert—

“144A Rules to be made if required by Lord Chancellor

(1) This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.

(2) The Lord Chief Justice must make such rules as he 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 Lord Chief Justice;

(b) made in accordance with section 144.

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

Housing Act 1980 (c. 51)

104 In section 86 of the Housing Act 1980 (jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)

105 The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 is amended as follows.

106 In Article 6 (directions in relation to appeals brought or continued under the Order) for “judge of the High Court nominated by the Lord Chancellor in accordance with” substitute “relevant judicial authority for the purposes of”.

107 In Article 10 (application to Scotland), omit paragraphs (b) and (c).

108 In Article 11 (application to Northern Ireland)—

(a) omit paragraphs (b) and (c)';

(b) in paragraph (d) for “Chairman” substitute “President”.

Judicial Pensions Act 1981 (c. 20)

109 The Judicial Pensions Act 1981 is amended as follows.

110 In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit “, other than the Lord Chancellor”.

111 (1) Section 5 (Circuit Judge in England and Wales) is amended as follows.

(2) After subsection (1) insert—

“(1A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making a recommendation in a case that falls within subsection (1)(b) or (c).”

(3) After subsection (6) insert—

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

112 (1) Section 7 (stipendiary magistrates in England and Wales) is amended as follows.

(2) After subsection (1) insert—

“(1A) The Lord Chancellor must consult the Lord Chief Justice before making a recommendation in a case that falls within subsection (1)(b).”

(3) After subsection (6) insert—

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

113 (1) Section 13 (Social Security Commissioners) is amended as follows.

(2) After subsection (1) insert—

“(1A) In a case that falls within subsection (1)(c), the Lord Chancellor must consult—

(a) the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales;

(b) the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland;

(c) the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.”

(3) After subsection (6)—

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

(8) The Lord 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.

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

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

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

Supreme Court Act 1981 (c. 54)

114 The Supreme Court Act 1981 is amended as follows.

115 (1) Section 2 (membership of the Court of Appeal) is amended as follows.

(2) In subsection (2)—

(a) omit paragraph (a);

(b) in paragraph (b) for “has been Lord Chancellor” substitute “was Lord Chancellor before 12 June 2003”;

(c) for paragraphs (f) and (g) substitute—

“(f) the President of the Queen’s Bench Division;

(g) the President of the Family Division;

(h) the Chancellor of the High Court;”

(d) for “Lord Chancellor’s request” substitute “request of the Lord Chief Justice”.

(3) After subsection (2) insert—

“(2A) 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 function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.”

(4) After subsection (4) insert—

“(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).”

(5) In subsection (6)—

(a) omit “Lord Chancellor,”;

(b) for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”.

116 (1) Section 3 (Divisions of Court of Appeal) is amended as follows.

(2) In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).”

117 (1) Section 4 (membership of the High Court) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a);

(b) for paragraphs (c) and (d) substitute—

“(ba) the President of the Queen’s Bench Division;

(c) the President of the Family Division;

(d) the Chancellor of the High Court;”.

(3) After subsection (4) insert—

“(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).”

(4) In subsection (6)—

(a) omit “Lord Chancellor,”;

(b) for “President of the Family Division, Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division, Chancellor of the High Court”.

118 (1) Section 5 (divisions of the High Court) is amended as follows.

(2) In subsection (1)(a) for the words from “the Lord Chancellor” to “vice-president thereof,” substitute “the Chancellor of the High Court, who shall be president thereof,”.

(3) In subsection (1)(b) for “who shall be president thereof” substitute “, the President of the Queen’s Bench Division”.

(4) In subsection (2) for “of the Lord Chancellor” in each place substitute “given by the Lord Chief Justice after consulting the Lord Chancellor”.

(5) In subsection (3) for the words from “with the concurrence of” to the end substitute

“with the concurrence of both of the following—

(a) the senior judge of the Division to which the judge is attached;

(b) the senior judge of the Division of which the judge is to act as an additional judge.”

(6) 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 (2).”

119 (1) Section 6 (the Patents, Admiralty and Commercial Courts) is amended as follows.

(2) In subsection (2) for “Lord Chancellor may” substitute “Lord Chief Justice may, 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).”

120 (1) Section 7 (power to alter Divisions etc) is amended as follows.

(2) In subsection (1) after “recommendation of” insert “the Lord Chancellor and”.

(3) In subsection (2)—

(a) omit “the Lord Chancellor,”;

(b) 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”.

121 (1) Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows.

(2) In subsection (2)—

(a) for the definition of “the appropriate authority” substitute—

• ““the appropriate authority” means—

  (a)

  the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or

  (b)

  at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;”

(b) omit the words after the definition of “relevant court”.

(3) After subsection (2) insert—

“(2A) The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

(2B) In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.

(2C) In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.

(2D) In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.”

(4) In subsection (4)—

(a) for “appears to the Lord Chancellor” substitute “appears to the Lord Chief Justice, after consulting the Lord Chancellor,”;

(b) for “Lord Chancellor thinks fit” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, think fit”.

(5) After subsection (8) insert—

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

122 (1) Section 10 (appointment of judges of Supreme Court) is amended as follows.

(2) In subsection (1)—

(a) for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”;

(b) after “may” insert “, on the recommendation of the Lord Chancellor,”.

(3) In subsection (2) after “may” insert “, on the recommendation of the Lord Chancellor,”.

(4) In subsection (3)(a) for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”.

(5) For subsection (4) substitute—

“(4) A person appointed—

(a) to any of the offices mentioned in subsection (1),

(b) as a Lord Justice of Appeal, or

(c) as a puisne judge of the High Court,

shall take the required oaths as soon as may be after accepting office.

(5) In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—

(a) the Master of the Rolls;

(b) the President of the Queen’s Bench Division;

(c) the President of the Family Division;

(d) the Chancellor of the High Court.

(6) Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.

(7) In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—

(a) the Lord Chief Justice, or

(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.

(8) In this section “required oaths” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.”

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

(2) In subsection (1) omit “except the Lord Chancellor”.

(3) After subsection (3) insert—

“(3A) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).”

(4) In subsection (9)(a) 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,”.