Office of Public Sector Information
SCHEDULE 5 continued PART 1 continued
(5) After paragraph (9) insert—
“(9A) 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).”
111 (1) Article 39 (appeals) is amended as follows.
(2) In paragraph (4) after “Lord Chancellor” in each place insert “, after consultation with the Lord Chief Justice,”.
(3) In paragraph (11) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(4) After paragraph (11) insert—
“(11A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4) or (11)—
(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).”
112 In Article 27 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (youth courts), in paragraph (3) for “Lord Chancellor” substitute “Lord Chief Justice”.
113 (1) In the Social Security (Northern Ireland) Order 1998, Article 7 (qualifications for membership of appeal panels) is amended as follows.
(2) In paragraph (2) for the words from “such” to the end substitute “persons appointed by the Lord Chancellor”.
(3) In paragraph (3) at the end insert “; and such concurrence may be given only after consultation with the Lord Chief Justice”.
(4) After paragraph (3) insert—
“(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (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).”
(3B) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Northern Ireland Judicial Appointments Commission shall consult the Chief Medical Officer of the Department.”
114 In Article 12 of the Criminal Evidence (Northern Ireland) Order 1999 (evidence by live link), in paragraph (5) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
115 (1) The Justice (Northern Ireland) Act 2002 is amended as follows.
(2) Where the amendment to section 8(7), 24(5) or 43(6) of that Act made by this Schedule comes into force before section 23 of this Act, the reference in that section (as amended by this Schedule) to the President of the Supreme Court has effect, until section 23 comes into force, as a reference to the senior Lord of Appeal in Ordinary.
116 In section 8 (tribunals for considering removal), in subsection (7) after “Lord Chancellor” insert “after consultation with all of the following—
(a) the President of the Supreme Court;
(b) the Lord Chief Justice of England and Wales;
(c) the Lord President of the Court of Session;
(d) the Lord Chief Justice of Northern Ireland (unless the tribunal is to consider his removal)”.
117 (1) Section 9 (appointment of lay magistrates) is amended as follows.
(2) In paragraph (a) of subsection (2) for the words from “approved by” to the end of the paragraph substitute “approved by the Lord Chief Justice after consultation with the Lord Chancellor, or”.
(3) In subsection (3) for the words from “such longer period” to the end substitute “such longer period as the Lord Chief Justice may, after consulting the Lord Chancellor, allow.”
(4) In subsection (4) after “may” insert “, after consultation with the Lord Chief Justice,”.
(5) In subsection (5) after “unless” insert “, after consultation with the Lord Chief Justice,”.
118 In section 10 (transfer of functions of justices of the peace), in subsection (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
119 In section 12 (role of the Lord Chief Justice), omit subsections (2) and (3).
120 (1) In section 24 (removal of Attorney General), in subsection (5) after “Lord Chancellor” insert “after consultation with all of the following—
(a) the President of the Supreme Court;
(b) the Lord Chief Justice of England and Wales;
(c) the Lord President of the Court of Session;
(d) the Lord Chief Justice of Northern Ireland”.
121 In section 43 (appointment and removal of Director of Public Prosecutions), in subsection (6) after “Lord Chancellor” insert
“after consultation with all of the following—
(a) the President of the Supreme Court;
(b) the Lord Chief Justice of England and Wales;
(c) the Lord President of the Court of Session;
(d) the Lord Chief Justice of Northern Ireland”.
122 (1) Schedule 1 (listed judicial offices) is amended as follows.
(2) After the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” insert—
“Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))”.
(3) For the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” and the entry inserted by sub-paragraph (2) above substitute—
“Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))”.
(4) Before the entry “Member of the panel of chairmen of the Fair Employment Tribunal” insert—
“Member of the panel of chairmen of the Industrial Tribunals”.
(5) At the end of the Schedule insert—
“Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269)
Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland
Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland
President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland
Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland
Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985)
Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland
Member of the panel of chairmen of VAT tribunals for Northern Ireland
General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)”.
123 (1) Schedule 3 (appointment to listed judicial offices) is amended as follows.
(2) In paragraph 25, for sub-paragraph (3) substitute—
“(3) In paragraph (2), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.
(3) In paragraph 30 for the words from the beginning to “effect” substitute “The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004 (S.R. 2004 No 164) have effect”.
(4) In paragraph 31 for “regulation 2(2)” substitute “regulation 2(1)”.
(5) In paragraph 32 for “regulation 4(1)” substitute “regulation 4(6)”.
(6) Omit paragraph 33.
124 (1) Schedule 4 (functions of justices of the peace) is amended as follows.
(2) In paragraph 4 (amendment of Schedule by order), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(3) In paragraph 5 (consequential amendments by order) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
(4) After paragraph 5 insert—
“5A The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5—
(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).”
125 Omit Schedule 5 (transfer of functions to Lord Chief Justice).
126 (1) Schedule 6 (office-holders required to take judicial oath) is amended as follows.
(2) After the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” insert—
“Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))”.
(3) For the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” and the entry inserted by sub-paragraph (2) above substitute—
“Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))”.
(4) Before the entry “Member of the panel of chairmen of the Fair Employment Tribunal” insert—
“Member of the panel of chairmen of the Industrial Tribunals”.
(5) At the end of the Schedule insert—
“Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269).
Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland
Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland
President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland
Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland
Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985)
Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland
Member of the panel of chairmen of VAT tribunals for Northern Ireland
General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)”.
127 In Schedule 12 (minor and consequential amendments), after paragraph 81 insert—
82 Omit sections 133 to 136 of the Constitutional Reform Act 2005 (judicial removals: Northern Ireland).”
128 (1) Schedule 13 (repeals and revocations) is amended as follows.
(2) Omit—
(a) the entry relating to the County Courts (Northern Ireland) Order 1980 (1980/397 (N.I. 3));
(b) the entry relating to Article 168 of the Magistrates' Courts (Northern Ireland) Order 1981.
(3) After the entries relating to the Justice (Northern Ireland) Act 2002 insert—
| “Constitutional Reform Act 2005 | Sections 133 to 136.” |
129 (1) In Schedule 2 to the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (the Care Tribunal), paragraph (1) (composition of Care Tribunal) is amended as follows.
(2) For sub-paragraph (2)(a) substitute—
“(a) a chairman nominated from the chairmen’s panel by the Lord Chief Justice after consultation with the First Minister and deputy First Minister; and”.
(3) After sub-paragraph (2) insert—
“(2A) The Lord Chief Justice 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 (3) (tenure of office), omit sub-paragraph (3).
130 (1) Regulation 5 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 (panels of chairmen and members of tribunals) is amended as follows.
(2) In paragraph (1)(a), for “the Department” substitute “the Lord Chancellor”.
(3) In paragraph (2), for “to the Department” substitute “to the Lord Chancellor, in the case of a member of the panel of chairmen, or to the Department, in any other case,”.
131 (1) This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts.
(2) In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”.
(3) An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.
132 (1) Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.
(2) In paragraph 1 (juvenile court panels)—
(a) in sub-paragraph (3) for “Lord Chancellor” in each place substitute “Lord Chief Justice”;
(b) after sub-paragraph (3) insert—
“(3A) The Lord Chief Justice may approve a course of training, or allow a longer period for completion of a course, only after consultation with the Lord Chancellor.”
(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 86 of, and Schedule 13 to, the Justice (Northern Ireland) Act 2002 (c. 26).
133 (1) Article 27 of the Administration of Estates (Northern Ireland) Order 1979 (depositories of wills of living persons) is amended as follows.
(2) That Article becomes paragraph (1) of Article 27.
(3) In that paragraph, for “the directions of the Lord Chancellor” substitute “directions given by the Lord Chief Justice with the concurrence of the Lord Chancellor”.
(4) After that paragraph insert—
“(2) 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).”
(5) In relation to the enactment referred to in this paragraph, the original amending provision is section 75 of, and Part 2 of Schedule 9 to, the Administration of Justice Act 1982 (c. 53).
134 (1) Article 46 of the County Courts (Northern Ireland) Order 1980 (county court rules committee) is amended as follows.
(2) In paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
(3) After paragraph (1) insert—
“(1A) The Lord Chief Justice must consult the Lord Chancellor before making an appointment under paragraph (1)(b), (c), (e) or (f).”
(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 73(2) of the Justice (Northern Ireland) Act 2002 (c. 26).
Constitutional Reform Act 2005