Office of Public Sector Information
SCHEDULE 4 continued PART 1 continued
235 The Value Added Tax Act 1994 is amended as follows.
236 In section 86 (appeals to the Court of Appeal), after subsection (2) insert—
“(2A) Before making an order under this section that relates to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.
(2B) Before making an order under this section that relates to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.
(2C) 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.
(2D) 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).”
237 (1) Schedule 12 (constitution and procedure of VAT tribunals) is amended as follows.
(2) In paragraph 3 (tenure of office of President)—
(a) after sub-paragraph (5) insert—
“(5A) The Lord Chancellor may remove a person from office under sub-paragraph (4), or nominate a person under sub-paragraph (5), only with the concurrence of all of the following—
(a) the Lord Chief Justice of England and Wales;
(b) the Lord President of the Court of Session;
(c) the Lord Chief Justice of Northern Ireland.”;
(b) after sub-paragraph (8) insert—
“(9) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5).
(10) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5).
(11) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
(3) In paragraph 4—
(a) that paragraph becomes sub-paragraph (1) of paragraph 4;
(b) after that sub-paragraph insert—
“(2) The powers of the Lord Chancellor under sub-paragraph (1) may be exercised—
(a) in relation to England and Wales only after consulting the Lord Chief Justice of England and Wales;
(b) in relation to Northern Ireland only after consulting the Lord Chief Justice of Northern Ireland.
(3) 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.
(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).”
(4) In paragraph 7 (membership of panels)—
(a) in sub-paragraph (3)(c) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”;
(b) for sub-paragraph (7) substitute—
“(7A) The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(a).
(7B) The Lord President of the Court of Session may remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(b).”
238 In section 77 of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after subsection (4) insert—
“(5) The Lord Chancellor may remove a person from office under subsection (3)(c) only with the concurrence of the appropriate senior judge.
(6) 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.”
239 In section 297 of the Merchant Shipping Act 1995 (wreck commissioners), after subsection (3) insert—
“(3A) The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of—
(a) the Lord Chief Justice of England and Wales, or
(b) if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland.”
240 The Reserve Forces Act 1996 is amended as follows.
241 In section 90 (appointment of panel of chairmen), after subsection (1) insert—
“(1A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.”
242 In section 91 (appointment of panel of ordinary members), after subsection (2) insert—
“(2A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.”
243 (1) Section 92 (membership of tribunals etc) is amended as follows.
(2) In subsection (1) for “by the Lord Chancellor” substitute “in accordance with subsection (2)”.
(3) For subsections (2) and (3) substitute—
“(2) The chairman and other members are to be selected as follows—
(a) in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;
(b) in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session;
(c) in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.
(3) Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters.
(4) The officer is to be appointed as follows—
(a) in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;
(b) in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session;
(c) in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.”
244 After section 92 insert—
(1) In sections 90 and 91 “appropriate senior judge”, in relation to the appointment of a person to be a member of a panel, means—
(a) if the person is to be appointed to exercise functions wholly or mainly in relation to England and Wales, the Lord Chief Justice of England and Wales;
(b) if the person is to be appointed to exercise functions wholly or mainly in relation to Scotland, the Lord President of the Court of Session;
(c) if the person is to be appointed to exercise functions wholly or mainly in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.
(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 any of his functions under sections 90 to 92.
(3) The Lord President of the Court of Session may nominate a judge 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 any of his functions under sections 90 to 92.
(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under sections 90 to 92—
(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).”
245 The Employment Tribunals Act 1996 is amended as follows.
246 (1) Section 22 (membership of appeal tribunal) is amended as follows.
(2) In subsection (1)(a)—
(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor,”;
(b) omit “(other than the Lord Chancellor)”.
(3) In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “Lord Chief Justice shall”.
(4) After subsection (3) insert—
“(3A) The Lord Chief Justice must not make an appointment under subsection (3) unless—
(a) he has consulted the Lord Chancellor, and
(b) the Lord President of the Court of Session agrees.”
(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 this section.
(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under subsection (3A)(b).”
247 (1) Section 23 (temporary membership) is amended as follows.
(2) In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After subsection (5) insert—
“(6) The functions conferred on the Lord Chief Justice by the preceding provisions of this section may be exercised only after consulting the Lord Chancellor.
(7) The functions conferred on the Lord Chancellor by subsection (3) may be exercised only after consultation with the Lord Chief Justice.
(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
248 (1) Section 24 (temporary additional judicial membership) is amended as follows.
(2) For subsection (1) substitute—
“(1) This section applies if both of the following conditions are met—
(a) the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal;
(b) the Lord Chancellor requests the Lord Chief Justice to make such an appointment.
(1A) The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a).
(1B) An appointment under this section is—
(a) for such period, or
(b) on such occasions,
as the Lord Chief Justice determines, after consulting the Lord Chancellor.”
(3) In subsection (2) for “subsection (1)” substitute “this section”.
(4) After subsection (3) insert—
“(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
249 In section 25 (tenure of appointed members) after subsection (4) insert—
“(5) The Lord Chancellor may declare an appointed member’s office vacant under subsection (4) only with the concurrence of the appropriate senior judge.
(6) 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 Scotland, in which case it is the Lord President of the Court of Session.”
250 In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and county court), after subsection (3) insert—
“(3A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales or the Lord Chief Justice of Northern Ireland (as the case may be) before making an order under this section.
(3B) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(3C) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
251 In section 19 of the Criminal Procedure and Investigations Act 1996 (rules of court), in subsection (3) for the words from “with any modifications” to the end substitute “or such provision with modifications”.
252 The Family Law Act 1996 is amended as follows.
253 (1) Section 57 (jurisdiction of the courts) is amended as follows.
(2) In subsections (3), (4) and (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.
(3) In subsection (7) after “Lord Chancellor thinks appropriate” insert “, after consulting the Lord Chief Justice”.
(4) In subsection (9) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.
(5) In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”.
(6) After subsection (11) insert—
“(12) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
254 (1) Section 61 (appeals) is amended as follows.
(2) In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.
(3) After subsection (6) insert—
“(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
255 In section 9 of the Defamation Act 1996 (meaning of summary relief), after subsection (2) insert—
“(2A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making any order under subsection (1)(c) in relation to England and Wales.
(2B) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland.
(2C) 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.
(2D) 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).”
256 The Housing Act 1996 is amended as follows.
257 In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).
258 In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).
259 In section 334 of the Education Act 1996 (Special Educational Needs Tribunal: President and members), in subsection (3)—
(a) after “Lord Chancellor” in the first place insert “and of the Lord Chief Justice”;
(b) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
260 In the Schedule (model rules for appeals) to the Deregulation (Model Appeal Provisions) Order 1996, after paragraph 6(3) insert—
“(3A) The Lord Chancellor may exercise his power under sub-paragraph (3) to remove a person appointed to the panel of chairmen for England and Wales only with the concurrence of the Lord Chief Justice.”
261 The Civil Procedure Act 1997 is amended as follows.
262 In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit “or alter”.
263 (1) Section 2 (Civil Procedure Rule Committee) is amended as follows.
(2) For subsection (1) substitute—
“(1) Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons—
(a) the Head of Civil Justice;
(b) the Deputy Head of Civil Justice (if there is one);
(c) the persons currently appointed in accordance with subsections (1A) and (1B).
(1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2).
(1B) The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2).”
(3) In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”.
(4) For subsection (3) substitute—
“(3) Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor.”
(5) In subsection (4) for “under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult” substitute “in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult”.
(6) After subsection (8) insert—
“(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
264 (1) Section 2A (power to change certain requirements relating to Committee) is amended as follows.
(2) In subsection (1) for paragraph (a) substitute—
“(a) amend section 2(2), (3) or (4), and”.
(3) For subsection (2) substitute—
“(2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
(2A) Before making an order under this section the Lord Chancellor must consult the following persons—
(a) the Head of Civil Justice;
(b) the Deputy Head of Civil Justice (if there is one).
(2B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
265 (1) Section 3 (process for making Civil Procedure rules) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.
(2) For subsections (3) and (4) substitute—
“(3) The Lord Chancellor may allow or disallow Rules so made.
(4) If the Lord Chancellor disallows Rules, he must give the Committee written reasons for doing so.”
(3) In subsection (5) for “, as allowed or altered” substitute “and allowed”.
(4) In subsection (6) omit “Subject to subsection (7),”.
(5) Omit subsection (7).
266 After section 3 insert—
(1) This section applies if the Lord Chancellor gives the Civil Procedure Rules Committee written notice that he thinks it is expedient for Civil Procedure Rules to include provision that would achieve a purpose specified in the notice.
(2) The Committee must make such Rules as it considers necessary to achieve the specified purpose.
(3) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;
(b) made in accordance with section 3.”
267 (1) Section 4 (power to make consequential amendments) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.
(2) In subsections (1) and (2) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”.
(3) After subsection (5) insert—
“(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).”
268 (1) Section 6 (Civil Justice Council) is amended as follows.
(2) After subsection (2) insert—
“(2A) The Lord Chancellor must decide the following questions, after consulting the Lord Chief Justice—
(a) how many members of the Council are to be drawn from each of the groups mentioned in subsection (2);
(b) how many other members the Council is to have.
(2B) It is for—
(a) the Lord Chief Justice to appoint members of the judiciary to the Council, after consulting the Lord Chancellor;
(b) the Lord Chancellor to appoint other persons to the Council.”
(3) After subsection (4) insert—
“(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
269 (1) Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds Tribunal) is amended as follows.
(2) In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.
(3) In paragraph 5 (duration of appointment)—
(a) in sub-paragraph (5) for “paragraph 2, 3 or 4” substitute “paragraph 2 or 3”;
(b) after sub-paragraph (5) insert—
“(5A) Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.”
(4) In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets substitute “(which makes it necessary to obtain the concurrence of the Lord Chancellor and certain judicial office holders to dismissals in certain cases)”.
(5) In paragraph 16 (interpretation), in paragraph (c) of the definition of “appointing authority” for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.
270 (1) Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 (acknowledgement and registration of appeal and request to select tribunal) is amended as follows.
(2) In sub-paragraph (c), for the words from “Lord Chancellor” to “Northern Ireland” substitute “person who under section 92(2) of the Act is authorised to do so,”.
271 The Social Security Act 1998 is amended as follows.
272 (1) Section 6 (panel for appointment to appeal tribunals) is amended as follows.
(2) In subsection (2) for the words from “such” to the end substitute “persons appointed by the Lord Chancellor”.
(3) After subsection (3) insert—
“(3A) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.”
(4) In subsection (5) after “misbehaviour” insert “; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge”.
(5) After subsection (5) insert—
“(5A) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless 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.”
273 In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph 1(3) (tenure of office) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session,”.
274 In Schedule 4 (Social Security Commissioners), in paragraph 5 (removal) after sub-paragraph (1) insert—
“(1A) The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge.
(1B) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.”
Constitutional Reform Act 2005