Office of Public Sector Information

Data Protection Act 1998 (c. 29)

275 (1) Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as amended by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36)) is amended as follows.

(2) In paragraph 2 (designation of persons to hear appeals in national security cases), after sub-paragraph (2) insert—

“(3) The Lord Chancellor may make, or revoke, a designation under this paragraph only with the concurrence of all of the following—

(a) the Lord Chief Justice;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

(4) 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 (3) so far as they relate to a designation under this paragraph.

(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 (3) so far as they relate to a designation under this paragraph.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph—

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

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

(3) In paragraph 3 (constitution of Tribunal in national security cases) (as substituted by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000)—

(a) that paragraph becomes sub-paragraph (1) of paragraph 3;

(b) after that sub-paragraph insert—

“(2) The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

(3) 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 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.

(5) 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).”

Crime and Disorder Act 1998 (c. 37)

276 The Crime and Disorder Act 1998 (powers of magistrates' courts exercisable by single justice etc) is amended as follows.

277 (1) Section 10 (appeals against parenting orders) is amended as follows.

(2) In subsection (6) after “Lord Chancellor may” insert “, with the concurrence of 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.”

Human Rights Act 1998 (c. 42)

278 In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert—

“(7A) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)—

(a) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales;

(b) before making the order, that person must consult the Lord Chief Justice of England and Wales.

(7B) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)—

(a) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland;

(b) before making the order, that person must consult the Lord Chief Justice of Northern Ireland.

(7C) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(7D) 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).”

Access to Justice Act 1999 (c. 22)

279 The Access to Justice Act 1999 is amended as follows.

280 (1) Section 56 (power to prescribe alternative destination of appeals) is amended as follows.

(2) In subsection (4) for paragraphs (c) and (d) substitute—

“(c) the President of the Queen’s Bench Division,

(d) the President of the Family Division, and

(e) the Chancellor of the High Court.”

(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.”

281 (1) Section 68 (judges holding office in European or international courts) is amended as follows.

(2) In subsection (2), in the definition of “relevant international court” for “for the purposes of this section by the Lord Chancellor or the Secretary of State” substitute “in relation to the holder of a United Kingdom judicial office by the appropriate Minister”.

(3) In subsection (6) for “subsection (5)” substitute “this section”.

(4) After subsection (7) insert—

“(8) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.

(9) The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.

(10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).

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

(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).”

282 (1) Section 69 (Vice-President of Queen’s Bench division) is amended as follows.

(2) In subsection (1) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”.

(3) After subsection (1) insert—

“(1A) 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).”

Immigration and Asylum Act 1999 (c. 33)

283 The Immigration and Asylum Act 1999 is amended as follows.

284 (1) Section 53 (applications for bail in immigration cases) is amended as follows.

(2) After subsection (6) insert—

“(6A) In so far as regulations under this section relate to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales before giving his approval.

(6B) In so far as regulations under this section relate to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before giving his approval.”

(3) After subsection (7) insert—

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

285 In Schedule 7 (Immigration Services Tribunal), in paragraph 3 (terms and conditions of appointment of members) after sub-paragraph (4) insert—

“(5) The Lord Chancellor may dismiss a person under sub-paragraph (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—

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

(b) that person exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”

Financial Services and Markets Act 2000 (c. 8)

286 (1) Schedule 13 (Financial Services and Markets Tribunal) of the Financial Services and Markets Act 2000 is amended as follows.

(2) In paragraph 2 (president of the tribunal), after sub-paragraph (7) insert—

“(8) The Lord Chancellor may appoint a person under sub-paragraph (7)(b) only after consulting 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.

(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 paragraph.

(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 this paragraph.

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

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

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

(3) In paragraph 4 (terms of office), after sub-paragraph (2) insert—

“(2A) The Lord Chancellor may remove a person under sub-paragraph (2) only with the concurrence of the appropriate senior judge.

(2B) 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.”

(4) In paragraph 8 (sittings) after “Lord Chancellor may” insert “, after consulting the President of the Financial Services and Markets Tribunal,”.

Terrorism Act 2000 (c. 11)

287 The Terrorism Act 2000 is amended as follows.

288 (1) Section 74 (court for trial) is amended as follows.

(2) In subsection (1)—

(a) after “unless” insert “the Lord Chief Justice of Northern Ireland directs that”;

(b) in paragraph (a) omit from “the Lord Chancellor” to “directs that”;

(c) in paragraph (b) omit “the Lord Chief Justice of Northern Ireland directs that”.

(3) After subsection (1) insert—

“(1A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—

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

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

289 (1) In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows.

(2) In sub-paragraph (1) after “direct” insert

“after consulting the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland”.

(3) After 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 this paragraph.

(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 this paragraph.

(6) 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 (c. 26);

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

290 (1) Schedule 8 (detention) is amended as follows.

(2) In paragraph 29 (warrants of further detention)—

(a) in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”;

(b) in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor”;

(c) after sub-paragraph (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 sub-paragraph (4)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(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).”

Local Government Act 2000 (c. 22)

291 (1) Section 76 of the Local Government Act 2000 (case tribunals and interim case tribunals) is amended as follows.

(2) In subsection (9) for “Lord Chancellor” substitute “Lord Chief Justice”.

(3) After subsection (9) insert—

“(9A) The Lord Chief Justice must consult the Lord Chancellor before specifying a member of the Panel in accordance with subsection (9).”

(4) In subsection (12) after “Lord Chancellor must” insert “consult the Lord Chief Justice and”.

(5) After subsection (14) insert—

“(15) 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.”

Postal Services Act 2000 (c. 26)

292 (1) Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office Company: supplementary provisions) is amended as follows.

(2) In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

(3) In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

Transport Act 2000 (c. 38)

293 The Transport Act 2000 is amended as follows.

294 In section 61 (special provisions about land), in subsection (6)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

295 In section 93 (control in time of hostilities etc), in subsection (10)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

296 In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

297 (1) Schedule 6 (transfer schemes) is amended as follows.

(2) In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.

Criminal Justice and Court Services Act 2000 (c. 43)

298 (1) Schedule 1 of the Criminal Justice and Court Services Act 2000 (local probation boards) is amended as follows.

(2) In paragraph 2 (membership)—

(a) in sub-paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor”;

(b) after sub-paragraph (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 sub-paragraph (2).”

(3) In paragraph 3 (tenure of members), after sub-paragraph (3) insert—

“(3A) The power conferred by sub-paragraph (3) may be exercised by the Lord Chancellor to remove a person appointed by him by virtue of paragraph 2(2) only with the concurrence of the Lord Chief Justice.”

International Criminal Court Act 2001 (c. 17)

299 Section 26 of the International Criminal Court Act 2001 (definitions) is amended as follows—

(a) that section becomes subsection (1) of section 26;

(b) in that subsection for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”;

(c) 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.”

Anti-terrorism, Crime and Security Act 2001 (c. 24)

300 (1) In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens Access Appeal Commission), paragraph 4 (sittings) is amended as follows.

(2) In sub-paragraph (1) after “direct” insert “after consulting the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.”

(3) After 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 (1).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—

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

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

Land Registration Act 2002 (c. 9)

301 The Land Registration Act 2002 is amended as follows.

302 (1) Section 127 (exercise of powers) is amended as follows.

(2) In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice, or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him, after consulting the Lord Chancellor”.

(3) In subsection (2)(h) after “consumer affairs” insert “nominated by the Lord Chancellor”.

303 In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-paragraph (2) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.

Enterprise Act 2002 (c. 40)

304 The Enterprise Act 2002 is amended as follows.

305 (1) Section 268 (disqualification from office: general) is amended as follows.

(2) In subsection (7)—

(a) omit “made with the concurrence of the Lord Chancellor”;

(b) after “tribunal” insert “; but any such order must—

“(a) if it relates to England and Wales, be made with the concurrence of the Lord Chief Justice of England and Wales;

(b) if it relates to Northern Ireland, be made with the concurrence of the Lord Chief Justice of Northern Ireland”.

(3) After subsection (15) insert—

“(16) 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 (7).

(17) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7)—

(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).”

306 In paragraph 2 of Schedule 2 (tenure of members of Competition Appeal Tribunal), after sub-paragraph (4) insert—

“(5) The Lord Chancellor may remove a person from office as President under sub-paragraph (4) 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.

(6) The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge.

(7) 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.”

Finance Act 2003 (c. 14)

307 (1) Schedule 17 to the Finance Act 2003 (stamp duty land tax: General and Special Commissioners, appeals and other proceedings) is amended as follows.

(2) In paragraph 2 (regulations about determination of disputes), after sub-paragraph (1) insert—

“(1A) The Lord Chancellor may make regulations under this paragraph only 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.

(1B) 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.

(1C) 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.

(1D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

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

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

(3) In paragraph 3 (regulations about jurisdiction of General or Special Commissioners), after sub-paragraph (3) insert—

“(4) The Lord Chancellor may make regulations under this paragraph only 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.

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

(6) The Lord 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.

(7) 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 5 (regulations about quorum)—

(a) that paragraph becomes sub-paragraph (1) of paragraph 5;

(b) after that sub-paragraph—

“(2) The Lord Chancellor may make regulations under this paragraph only 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.