Office of Public Sector Information

Housing Act 1985 (c. 68)

180 The Housing Act 1985 is amended as follows.

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

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

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

Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001)

184 In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985 (application to Northern Ireland), omit sub-paragraph (a).

Insolvency Act 1986 (c. 45)

185 The Insolvency Act 1986 is amended as follows.

186 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

187 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

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

(2) In subsection (1)(a) after “Secretary of State” insert “and, in the case of rules that affect court procedure, 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

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

(2) In subsection after “Secretary of State” insert “and, in the case of rules that affect court procedure, 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.”

190 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

191 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

192 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

Coroners Act 1988 (c. 13)

193 The Coroners Act 1988 is amended as follows.

194 (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.”

(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”.

195 In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.

Criminal Justice Act 1988 (c. 33)

196 In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation for miscarriages of justice), for paragraph 6 (power of removal) substitute—

“6 (1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

(2) In the case of a person who qualifies for appointment under—

(a) paragraph (1)(a), or

(b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3) In the case of a person who qualifies for appointment under—

(a) paragraph (1)(b), or

(b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4) In the case of a person who qualifies for appointment under—

(a) paragraph (1)(c), or

(b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.”

Finance Act 1988 (c. 39)

197 In section 134 (General Commissioners for Northern Ireland), omit subsection (4).

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

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

199 (1) Section 146 (membership of the copyright tribunal) is amended as follows.

(2) After subsection (6) insert—

“(7) The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge.

(8) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a) the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b) the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4).

(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 subsection (7) in relation to the appointment of a person under subsection (4).

(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)—

(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).”

200 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

201 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”

202 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

Children Act 1989 (c. 41)

203 The Children Act 1989 is amended as follows.

204 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).”

205 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (9) or (10).”

206 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (10).”

207 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,”.

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

(2) In subsection (4) after “requires it” insert “and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees”.

(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).”

209 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.”

210 (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 sub-paragraph (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Part of this Schedule.”

Courts and Legal Services Act 1990 (c. 41)

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

212 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

213 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,”.

214 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).”

215 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).”

216 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)

217 In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for miscarriages of justice) for paragraph 6 (power of removal) substitute—

“6 (1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

(2) In the case of a person who qualifies for appointment under—

(a) paragraph (1)(a), or

(b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3) In the case of a person who qualifies for appointment under—

(a) paragraph (1)(b), or

(b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4) In the case of a person who qualifies for appointment under—

(a) paragraph (1)(c), or

(b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.”

Child Support Act 1991 (c. 48)

218 The Child Support Act 1991 is amended as follows.

219 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

220 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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

221 (1) Schedule 4 (Child Support Commissioners) is amended as follows.

(2) 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 the appropriate senior judge.

(3B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.”

(3) In paragraph 8 (application of Schedule to Northern Ireland), before sub-paragraph (b) insert—

“(ab) paragraph 1(3A) and (3B) were omitted;”.

Land Drainage Act 1991 (c. 59)

222 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

Tribunals and Inquiries Act 1992 (c. 53)

223 The Tribunal and Inquiries Act 1992 is amended as follows.

224 In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).

225 (1) In section 7 (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)

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

227 (1) Section 2 (the judicial officer’s entitlement to a pension) is amended as follows.

(2) After subsection (3) insert—

“(3A) Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)—

(a) consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales;

(b) consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.”

(3) After subsection (8) insert—

“(9) 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.

(10) 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).”

228 (1) Section 26 (retirement date for holders of certain judicial offices) is amended as follows.

(2) For “appropriate minister” in subsections (5) and (6) substitute “appropriate person”.

(3) In subsection (7)—

(a) in paragraph (a) omit “, unless he is the Lord Chancellor”;

(b) in paragraph (b) omit “, unless he is the Lord 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 relation to any judicial office whose jurisdiction is exercised exclusively in relation to England and Wales, the Lord Chief Justice of England and Wales;

(c) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.”

(5) After subsection (12) insert—

“(13) Where the Lord Chief Justice of England or Wales or the Lord Chief Justice of Northern Ireland 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 of England or 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.

(15) 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).”

229 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”.

230 In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit “, other than the Lord Chancellor”.

Bail (Amendment) Act 1993 (c. 26)

231 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)

232 (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 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

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

233 (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,”.

234 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.”