Office of Public Sector Information
SCHEDULE 4 continued PART 1 continued
124 In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit “, other than the Lord Chancellor,”.
125 (1) Section 13 (precedence of judges of Supreme Court) is amended as follows.
(2) For subsections (2) and (3) substitute—
“(2) Subject to subsection (1)(b), the President of the Queen’s Bench Division shall rank next after the Master of the Rolls.
(2A) The President of the Family Division shall rank next after the President of the Queen’s Bench Division.
(3) The Chancellor of the High Court shall rank next after the President of the Family Division.”
(3) In subsection (4) for “Vice-Chancellor” substitute “Chancellor of the High Court”.
126 In section 44 (extraordinary functions of judges of High Court), in subsection (2) omit “the Lord Chancellor,”.
127 In section 56B (allocation of cases in criminal division), in subsection (1) for “with the concurrence of the Lord Chancellor” substitute “after consulting the Lord Chancellor”.
128 (1) Section 57 (Court of Appeal: sittings and vacations) is amended as follows.
(2) In subsection (2) after “Lord Chancellor” 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
129 (1) Section 61 (distribution of business among Divisions) 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) in paragraph (b) for “appears to him” substitute “appears to the Lord Chief Justice and the Lord Chancellor”.
(3) 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).”
130 (1) Section 63 (business assigned to specially nominated judges) 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) In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor, to be”.
(4) 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 (1) or (2).”
131 (1) Section 68 (exercise of jurisdiction of High Court otherwise than by judges of that court) is amended as follows.
(2) In subsection (1)(a) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”.
(3) In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”.
(4) 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 subsections (1)(a) and (6).”
132 (1) Section 71 (High Court: sittings and vacations) is amended as follows.
(2) In subsection (2) after “Lord Chancellor” 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.”
133 (1) Section 74 (appeals and committals for sentence) is amended as follows.
(2) After subsection (5) insert—
“(5A) Before exercising any functions under subsection (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
134 (1) Section 78 (Crown Court: sittings) is amended as follows.
(2) In subsection (3) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.
(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 this section.”
135 (1) Section 82 (duties of officers of Crown Court) is amended as follows.
(2) In subsection (1) after “Lord Chancellor” 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.”
136 Omit section 84(8) (rules of court for Crown Court etc to be made by statutory instrument).
137 (1) Section 86 (the Crown Court Rule Committee) is amended as follows.
(2) In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “by a committee known as the Crown Court Rule Committee, which is to consist of the following persons—”.
(3) For subsections (2) to (4) substitute—
“(2) The members of the Crown Court Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3) or (4).
(3) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) and (e) of subsection (1), after consulting the Lord Chancellor.
(4) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the following—
(a) the Lord Chief Justice;
(b) any authorised body with members who are eligible for appointment under the relevant paragraph.
(5) A person is to be appointed under subsection (3) or (4) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.
(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.”
138 After section 86 insert—
(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.
(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.”
139 (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 Senior Courts, 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”
140 (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).”
141 (1) Section 96 (Central Office) is amended as follows.
(2) In subsection (1) leave out “Lord Chancellor may” and insert “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.
(3) In subsection (2) for “of the Lord Chancellor under this section” substitute “under subsection (1)”.
(4) After subsection (2) insert—
“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
142 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”.
143 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
144 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
145 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
146 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;”.
147 The Administration of Justice Act 1982 is amended as follows.
148 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).”
149 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”.
150 The Mental Health Act 1983 is amended as follows.
151 (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”.
(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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).”
152 In section 94 (exercise of the judge’s functions: the patient), in subsection (1) omit “by the Lord Chancellor or”.
153 In section 96 (powers of the judge as to the patient’s property and affairs), in subsection (3) omit “the Lord Chancellor or”.
154 In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit “the Lord Chancellor or” in both places.
155 In section 105 (appeals), in subsection (2) omit “from any decision of the Lord Chancellor or”.
156 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
(4) Paragraph 16 of Schedule 1 also amends section 108.
157 (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,”.
158 (1) Schedule 2 (mental health review tribunals) is amended as follows.
(2) In paragraph 1(b) and (c) omit “after consultation with the Secretary of State”.
(3) After paragraph 1 insert—
“1A As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.”
159 (1) Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows.
(2) In paragraph (a)—
(a) for the words from the beginning to “benefices” substitute “any consent under the foregoing subsection in respect of a benefice or benefices”;
(b) omit the words from “, or a” to “books”;
(c) omit “last-mentioned”.
(3) Omit paragraph (b).
160 The County Courts Act 1984 is amended as follows.
161 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (3).”
162 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”
163 (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”.
(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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
164 (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,”.
165 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
166 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
167 In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “under this section by the Lord Chancellor after consulting the Lord Chief Justice”.
168 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
169 Omit section 74A (practice directions).
170 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).”
171 The Matrimonial and Family Proceedings Act 1984 is amended as follows.
172 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
173 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
174 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
175 The Inheritance Tax Act 1984 is amended as follows.
176 In section 256 (regulations about accounts etc), for subsection (3A) substitute—
“(3A) Regulations under this section may only be made—
(a) in relation to England and Wales, after consulting the Lord Chancellor;
(b) in relation to Scotland, after consulting the Scottish Ministers;
(c) in relation to Northern Ireland, after consulting the Lord Chief Justice of Northern Ireland.
(3B) 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).”
177 (1) Section 257 (form etc of accounts) is amended as follows.
(2) In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice of Northern Ireland”.
(3) After subsection (3) insert—
“(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (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).”
178 (1) Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows.
(2) In paragraph 2 (membership of Reinstatement Committees), for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.
179 (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), after sub-paragraph (3) insert—
“(3A) The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge.
(3B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.”
(3) In paragraph 10 (the president)—
(a) in sub-paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”;
(b) after sub-paragraph (1) insert—
“(1A) Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must—
(a) consult the Lord Chancellor, and
(b) obtain the agreement of the Lord President of the Court of Session.”;
(c) after sub-paragraph (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 sub-paragraph (1).
(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 (1A)(b).”
Constitutional Reform Act 2005