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Section 15
1 (1) Section 24 of the Land Law (Ireland) Act 1896 (power to nominate judge to act as additional land judge) is amended as follows.
(2) For “Lord Chancellor” in each place substitute “Lord Chief Justice”.
(3) At the end of the section insert—
“The Lord Chief Justice 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).”
2 The Coroners Act (Northern Ireland) 1959 is amended as follows.
3 In section 2 (appointment of coroners), after subsection (1) insert—
“(1A) The Lord Chief Justice must also be consulted before any determination is made under subsection (1) as to numbers of coroners or deputy coroners.
(1B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1A)—
(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 (1) Section 3 (power to amalgamate districts) is amended as follows.
(2) That section becomes subsection (1) of section 3.
(3) After that subsection insert—
“(2) The Lord Chief Justice must be consulted before any date is appointed and before any order is made under subsection (1).
(3) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)—
(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).”
5 (1) Section 6 (coroner to hold inquests in district in which he is appointed) is amended as follows.
(2) In subsection (2) for “Lord Chancellor may” in each place substitute “Lord Chief Justice may, after consultation with the Lord Chancellor,”.
(3) After subsection (2) insert—
“(3) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)—
(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).”
6 (1) Section 36 is amended as follows.
(2) In subsection (1)—
(a) for “The Lord Chancellor may by rules” substitute “Rules under this section may”;
(b) in paragraph (a) omit “made after consultation with the Treasury,”;
(c) in paragraph (b) omit “made after consultation with the Lord Chief Justice”.
(3) After subsection (1) insert—
“(1A) It is for the Lord Chancellor to make rules under subsection (1)(a), after consultation with the Treasury.
(1B) It is for the Lord Chief Justice to make rules under subsection (1)(b), in accordance with subsections (1C) to (1G).
(1C) The Lord Chief Justice may make rules under subsection (1)(b) only with the agreement of the Lord Chancellor.
(1D) If the Lord Chancellor does not agree such rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice written reasons why he does not agree the rules.
(1E) Subsection (1F) applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules under subsection (1)(b) to include provision that would achieve a purpose specified in the notice.
(1F) The Lord Chief Justice must make such rules under subsection (1)(b) as he considers necessary to achieve the specified purpose.
(1G) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice under subsection (1E);
(b) made in accordance with the relevant provisions of this section.
(1H) The Lord Chief Justice may nominate any of the following to exercise his functions under subsections (1B), (1C) and (1F)—
(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).”
7 The County Courts Act (Northern Ireland) 1959 is amended as follows.
8 In section 102 (appointment and assignment of judges), in subsections (2) and (4) for “Lord Chancellor” substitute “Lord Chief Justice”.
9 In section 105 (tenure and oaths of office and retirement of judges), in subsection (4) omit “Lord Chancellor's”.
10 In section 107 (deputy judges), in subsection (4) omit “Lord Chancellor's”.
11 In section 116 (pensions of judges), after subsection (5) insert—
“(5A) The Lord Chancellor must consult the Lord Chief Justice before—
(a) making a recommendation in a case that falls within subsection (1)(b), or
(b) requiring a person to resume the duties of judge in accordance with subsection (4).
(5B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (5A)—
(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).”
12 The Resident Magistrates' Pensions Act (Northern Ireland) 1960 is amended as follows.
13 In section 1 (retiring age of resident magistrates), omit “Lord Chancellor's”.
14 In section 2 (pensions of resident magistrates), after subsection (6) insert—
“(7) The Lord Chancellor must consult the Lord Chief Justice before—
(a) satisfying himself as mentioned in subsection (3)(c), or
(b) requiring a person to resume the duties of resident magistrate in accordance with subsection (4).
(8) The Lord Chief Justice 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 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”
15 Omit section 11 (resident magistrates already serving).
16 In section 9 of the Magistrates' Courts Act (Northern Ireland) 1964 (appointment and assignment of resident magistrates), in subsections (3) and (5) for “Lord Chancellor” substitute “Lord Chief Justice”.
17 In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (terms of appointment of members of Lands Tribunal), in subsection (1)(b) omit “Lord Chancellor's”.
18 (1) Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.
(2) In paragraph 8 (regulations), after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.
19 In section 85 of the Land Registration Act (Northern Ireland) 1970, after subsection (2) insert—
“(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(a)—
(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).”
20 (1) Rule 2 of the Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (interpretation) is amended as follows.
(2) In paragraph (1), in the definition of “the chairman” for “by the Lord Chief Justice of Northern Ireland” substitute “in accordance with paragraph 1(1)(a) of Schedule 3 to the Act”.
21 (1) Schedule 10 to the Social Security (Northern Ireland) Act 1975 (supplementary provision as to Local Tribunals, Commissioners etc) is amended as follows.
(2) In paragraph 6 (Commissioners' pensions), after sub-paragraph (1) insert—
“(1ZA) The Lord Chancellor must consult the Lord Chief Justice before satisfying himself as mentioned in sub-paragraph (1)(c).
(1ZB) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (1ZA)—
(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 7 (Commissioners' pensions: supplementary), after sub-paragraph (5) insert—
“(5A) The Lord Chancellor must consult the Lord Chief Justice before requiring a person to resume the duties of Commissioner in accordance with sub-paragraph (5).
(5B) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (5A)—
(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).”
22 The Judicature (Northern Ireland) Act 1978 is amended as follows.
23 (1) Section 7 (further assistance for transaction of judicial business) is amended as follows.
(2) In subsections (1) and (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After subsection (4) insert—
“(5) The Lord Chief Justice 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).”
24 (1) Section 47 (exercise of jurisdiction by Crown Court) is amended as follows.
(2) In subsection (2)—
(a) for “Lord Chancellor” in the first place substitute “Lord Chief Justice”;
(b) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
(3) In subsection (3) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
(4) In subsection (5) after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.
(5) After subsection (6) insert—
“(7) The Lord Chief Justice 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).”
25 In section 48 (committal for trial on indictment), in subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice”.
26 In section 52 (Crown Court rules), in subsection (1) for the words from the beginning to “prescribing—” substitute—
“(1) Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing—”.
27 (1) Section 53 (membership of the Crown Court Rules Committee) is amended as follows.
(2) In subsection (1)(c) and (d) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
(3) After subsection (1) insert—
“(1A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)—
(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).”
28 After section 53 insert—
(1) It is for the Crown Court Rules Committee to make Crown Court rules.
(2) After making Crown Court rules the Committee must submit them to the Lord Chancellor.
(3) The Lord Chancellor must allow or disallow Crown Court rules submitted to him.
(4) Crown Court rules have effect only if allowed by the Lord Chancellor.
(5) If the Lord Chancellor disallows Crown Court rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them.
(6) Subsection (7) applies if the Lord Chancellor gives the 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.
(7) The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.
(8) Those Crown Court rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice under subsection (6);
(b) made in accordance with this section.”
29 (1) Section 55 (rules of court) is amended as follows.
(2) In subsection (1) for the words from the beginning to “with respect to—” substitute—
“(1) Subject to any statutory provision, rules may be made in accordance with section 55A with respect to—”.
(3) In subsection (2) for the words from the beginning to “make rules—” substitute—
“(2) Subject to any statutory provision, rules may be made in accordance with section 55A—”.
(4) In subsection (3) for “made by the Rules Committee” substitute “made under this section”.
30 After section 55 insert—
(1) It is for the Rules Committee to make rules under section 55(1) or (2).
(2) After making such rules the Rule Committee must submit them to the Lord Chancellor.
(3) The Lord Chancellor must allow or disallow rules submitted to him.
(4) Rules submitted to the Lord Chancellor have effect only if allowed by him.
(5) If the Lord Chancellor disallows rules submitted to him, he must give the Committee written reasons why he has disallowed them.
(6) Subsection (7) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.
(7) The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.
(8) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice under subsection (6);
(b) made in accordance with this section.”
31 (1) Section 58 (sittings of High Court and Court of Appeal) is amended as follows.
(2) In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After subsection (3) insert—
“(4) The Lord Chief Justice 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).”
32 (1) Section 60 (taxation of costs) is amended as follows.
(2) In subsection (1) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
(3) After subsection (2) insert—
“(3) The Lord Chief Justice 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).”
33 (1) Section 68 (departments of the Supreme Court) is amended as follows.
(2) In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) In subsection (4) for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After subsection (6) insert—
“(7) The Lord Chief Justice 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).”
34 In section 71 (tenure of office of statutory officers), in subsection (3) omit “Lord Chancellor's”.
35 (1) Section 75 (Official Solicitor) is amended as follows.
(2) In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After subsection (2) insert—
“(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)—
(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).”
36 (1) Section 103 (appointment of justices of the peace) is amended as follows.
(2) In subsection (6) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
(3) In subsection (7) after “Lord Chancellor may direct” insert “, after consultation with the Lord Chief Justice,”.
37 Omit section 104 (under-sheriffs).
38 (1) Section 112 (oaths and affidavits) is amended as follows.
(2) In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After subsection (7) insert—
“(8) The Lord Chief Justice 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).”
39 In section 119 (making and control of subordinate legislation), in subsection (5) omit “on the Lord Chancellor”.
40 (1) Schedule 6 (transitional provisions) is amended as follows.
(2) Omit paragraph 6(a).
(3) In paragraph 9(b) after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.
(4) After paragraph 9 insert—
“9A The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 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).”
(5) Omit paragraphs 11(3), 14 and 17.
41 (1) Article 48 (the court) is amended as follows.
(2) In paragraph (1)—
(a) for “by the Lord Chancellor” substitute “in accordance with paragraph (1A)”;
(b) omit the words after sub-paragraph (b).
(3) After paragraph (1) insert—
“(1A) It is for the Lord Chancellor, with the concurrence of the Lord Chief Justice, to make an order such as is mentioned in paragraph (1)(b).”
(1B) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1A)—
(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).”
42 (1) Article 7 of the Reserve and Auxiliary Forces (Protection of Civil Interests) (Northern Ireland) Order 1979 (modifications of section 5 of Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 in application to Northern Ireland) is amended as follows.
(2) After paragraph (1) insert—
“(1A) In subsection (2) for “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005” substitute “The Lord Chief Justice of Northern Ireland may, with the concurrence of the Lord Chancellor, make rules”.
(1B) For subsections (5A) and (5B) substitute—
“(5A) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making rules under subsection (1) that relate to Northern Ireland.”.”
(3) In paragraph (2), in subsections (6) and (7) substituted for subsection (6) of the 1951 Act, for “this section” substitute “subsection (1)”.
(4) After paragraph (2) insert—
“(3) At the end of that section insert—
“(8) 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).”.”
43 The Administration of Estates (Northern Ireland) Order 1979 is amended as follows.
44 (1) Article 20 (inheritance tax accounts) is amended as follows.
(2) In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After paragraph (2) insert—
“(2A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (2)—
(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).”
45 (1) Article 23 (keeping and inspection of wills and other documents) is amended as follows.
(2) In paragraph (1) for “Lord Chancellor” in the second place substitute “Lord Chief Justice”.
(3) In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(4) After paragraph (4) insert—
“(5) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(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).”
46 (1) Article 24 (records of grants) is amended as follows.
(2) In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After paragraph (2) insert—
“(3) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(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).”
47 (1) Article 26 (copies of wills etc to be delivered to Inland Revenue Commissioners).
(2) In paragraph (1) for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
(3) After paragraph (1) insert—
“(1A) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(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).”
Constitutional Reform Act 2005