Office of Public Sector Information
Section 15
1 (1) In section 11 of the Ecclesiastical Licences Act 1533 (refusal of archbishop to grant licences etc.) any reference to the Lord Chancellor or Lord Keeper of the Great Seal (however expressed) is to be read as a reference to the Chancellor of the High Court.
(2) The Chancellor of the High Court may nominate another judge of that court to exercise his functions under that section.
2 The Habeas Corpus Act 1679 is amended as follows.
3 In section 1 (bringing before Lord Chancellor or other judges) omit “the lord chauncelior or lord keeper of the great seale of England for the time being or”.
4 In section 2 (appeal to Lord Chancellor or other judges) omit—
(a) “the lord chauncellour or lord keeper or” in each place;
(b) “lord chauncellor lord keeper”;
(c) “the said lord chauncellor or lord keeper or” in the first and second places;
(d) “lord chauncellor or lord keeper or” in the last place.
5 In section 9 (Lord Chancellor or other judge unduly denying writ) omit “the said lord chauncellor or lord keeper or”.
6 Any reference to the Lord Chancellor and keeper or commissioners for the custody of the great seal of Great Britain for the time being in section 1 of the Cestui que Vie Act 1707 is to be construed as a reference to a judge of the Chancery Division of the High Court.
7 The Pluralities Act 1838 is amended as follows.
8 (1) Section 126 (consent of patron etc. where patronage in the Crown) is amended as follows.
(2) For the words from “if such benefice shall be above” to “great seal” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which the power shall be exercised shall be executed by, and any such notice shall be given to, the Prime Minister”.
(3) Omit “or persons”.
9 (1) Section 128 (consent of patron etc. where patronage attached to duchy of Cornwall) is amended as follows.
(2) For the words from “the same” to “benefice in the patronage of the crown” substitute “the Prime Minister, in accordance with section 126”.
(3) Omit “or persons” in the second place.
10 The Ecclesiastical Leasing Act 1842 is amended as follows.
11 (1) Section 22 (consent of patron where patronage in the Crown) is amended as follows.
(2) For the words from “if such benefice shall be above” to “great seal,” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which such consent or concurrence is to be testified shall be executed by the Prime Minister”.
(3) Omit “or persons”.
12 In section 23 (consent of patron where patronage attached to duchy of Cornwall), for the words from “the same” to “concurrence of the crown” substitute “the Prime Minister, in accordance with section 22”.
13 (1) Section 5 of the Public Notaries Act 1843 (refusal of master of faculties to grant a faculty) is amended as follows.
(2) For “chancellor of England or the lord keeper of the great seal” substitute “Chancellor of the High Court”.
(3) At the end of that section insert—
“The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section.”
(4) This paragraph is subject to section 2(3) and (4) of the Statute Law (Repeals) Act 1998 (repeals relating to Isle of Man and Channel Islands).
14 In section 12 of the Inclosure Act 1859 (adaptation of references to patron where patronage is in the Crown) for the words from “Lord High” to “Great Seal” substitute “Prime Minister”.
15 In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit “the Lord Chancellor,”.
16 (1) Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39)) is amended as follows.
(2) In the paragraph beginning “In England and Wales” for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”.
(3) After that paragraph insert—
“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 the preceding paragraph.”
(4) After the paragraph beginning “In Ireland” insert—
“The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding 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).”
17 (1) Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-Warden’s Court) is amended as follows.
(2) In subsection (1) after “may” insert “, after consulting the Lord Chief Justice,”.
(3) After subsection (2) insert—
“(3) 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.”
18 (1) Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee of the Privy Council to sit in more than one division at the same time) is amended as follows.
(2) In subsection (1) for “Lord Chancellor” substitute “President of the Supreme Court of the United Kingdom”.
19 (1) Section 22 of the Administration of Justice Act 1925 (registration of deeds of arrangement) is amended as follows.
(2) In subsection (5) for “by the Lord Chancellor with the concurrence” substitute “by the Lord Chief Justice with the concurrence of the Lord Chancellor and”.
(3) After subsection (5) insert—
“(5A) 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 (5).”
20 (1) Section 45 of the Children and Young Persons Act 1933 (youth courts) (as amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows.
(2) In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”.
(3) In subsection (4) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”.
(4) In subsection (5) after “Lord Chancellor” insert “or Lord Chief Justice”.
(5) 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 (3) or (4) or his powers under rules under subsection (4).”
21 (1) The Compensation (Defence) Act 1939 is amended as follows.
(2) For the title to section 9 substitute “Incidental powers of tribunals and rules of procedure”.
(3) Omit section 9(1)(a) (powers of tribunals to make rules of procedure).
(4) After section 9(1) insert—
“(1A) Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act.
(1B) Such rules are to be made as follows—
(a) if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor;
(b) if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session;
(c) if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.”
(5) In subsection (2) for the words from the beginning to “subsection” substitute “Such rules”.
(6) After subsection (3) insert—
“(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 section.
(5) 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).”
22 In section 18 (application to Scotland and Northern Ireland)—
(a) omit subsection (2);
(b) for subsection (4) substitute—
“(4) Sections seven and nine of this Act shall have effect with these modifications—
(a) in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session;
(b) in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.”
23 (1) Section 109 of the London Building Acts (Amendment) Act 1939 (constitution etc of tribunal appeal) is amended as follows.
(2) In subsection (1)(i) for “if he thinks fit” substitute “, if he thinks fit and if the Lord Chief Justice agrees,”.
(3) After subsection (2) insert—
“(3) 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.”
24 The Pension Appeal Tribunals Act 1943 is amended as follows.
25 In section 6D (procedure in proceedings before Commissioner), after subsection (8) insert—
“(9) In the application of this section to Northern Ireland—
(a) for any reference to the Social Security Act 1998 there shall be substituted a reference to the Social Security (Northern Ireland) Order 1998;
(b) for any reference to section 16 of that Act there shall be substituted a reference to Article 16 of that Order.”
26 Omit section 13 (application to Scotland).
27 Omit section 14 (application to Northern Ireland).
28 (1) The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows.
(2) For paragraph 1 substitute—
“1 (1) There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.
(2) There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.
(3) There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.
(4) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1).
(5) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).”
(3) In paragraph 2 (membership)—
(a) in sub-paragraph (1) for “appointed by the Lord Chancellor” substitute “appointed—
(a) in relation to England and Wales, by the Lord Chancellor;
(b) in relation to Scotland, by the Lord President of the Court of Session;
(c) in relation to Northern Ireland, by the Lord Chancellor”;
(b) in sub-paragraph (2A) for “sub-paragraphs (3)” substitute “sub-paragraphs (3A), (3B)”;
(c) for sub-paragraph (3) substitute—
“(3A) The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a).
(3B) The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).”;
(d) in sub-paragraph (4) for “sub-paragraph (3)” substitute “sub-paragraphs (3A) and (3B)”.
(4) In paragraph 2A (persons to be appointed to Tribunals)—
(a) in sub-paragraph (1) for the words from “The Lord Chancellor” to “paragraph 2 above” substitute “Any person making appointments under paragraph 2 shall ensure that the appointments”;
(b) in sub-paragraph (4) for the words from “In making” to “the Lord Chancellor” substitute “It shall be the duty of any person making an appointment under paragraph 2”.
(5) In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.
(6) In paragraph 5 (rules)—
(a) in sub-paragraph (1) for “the Lord Chancellor may make rules” substitute “rules may be made”;
(b) for “Lord Chancellor” in the second place substitute “person making them”;
(c) after sub-paragraph (1) insert—
“(1A) Such rules are to made by the following person—
(a) if the rules relate to England and Wales, by the Lord Chancellor;
(b) if the rules relate to Scotland, by the Lord President of the Court of Session;
(c) if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.”;
(d) in sub-paragraph (4)(b) after “Lord Chancellor” insert “, or in relation to Scotland by the Lord President of the Court of Session, in either case”.
(7) Before paragraph 8 insert—
“7B (1) 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 paragraph 1.
(2) 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 any of the provisions listed in sub-paragraph (3).
(3) Those provisions are—
(a) paragraph 3C(2)(b);
(b) paragraph 5(1A)(b).
(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in 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).
(5) Those provisions are—
(a) paragraph 1;
(b) paragraph 3C(2)(c);
(c) paragraph 5(1A)(c).”
29 The Agriculture Act 1947 is amended, or has effect, as follows.
30 In section 73 (establishment, constitution and procedure of Agricultural Land Tribunals), in subsection (1) for the words before “by order” substitute “For the purposes of this section the Lord Chancellor shall, after consulting the Chairman of the Agricultural Land Tribunals,”.
31 (1) The functions of the Lord Chancellor under section 75 (provisions as to land lying partly in one area and partly in another) are exercisable only after consultation with the Lord Chief Justice.
(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of this Act) to exercise his functions under sub-paragraph (1).
32 In section 108 (regulations and orders), in subsection (1) omit “by the Minister” in the second place.
33 (1) Schedule 9 (constitution of Agricultural Land Tribunals) is amended as follows.
(2) In paragraph 13 (chairman of each Tribunal), in sub-paragraph (4)—
(a) for “is” substitute “and Lord Chief Justice are both”;
(b) after “may” insert “, with the concurrence of the Lord Chief Justice,”.
(3) In paragraph 16A (discharge of chairman’s duties)—
(a) that paragraph becomes sub-paragraph (1) of paragraph 16A;
(b) in that sub-paragraph for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor”;
(c) after that sub-paragraph 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 sub-paragraph (1).”
34 (1) Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of Lands Tribunal) is amended as follows.
(2) In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor,”.
(3) In subsection (4) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.
(4) In subsection (9)(a) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”.
(5) After subsection (10) insert—
“(11) 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 subsections (3) and (9A).”
35 The Registered Designs Act 1949 is amended as follows.
36 (1) Section 27 (meaning of the court) is amended as follows.
(2) In subsection (2) for “Lord Chancellor may select” substitute “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor, select”.
(3) After subsection (2) insert—
“(3) 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).”
37 (1) Section 28 (the Appeal Tribunal) is amended as follows.
(2) In subsection (2)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”.
(3) After subsection (10) insert—
“(11) 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)(a).”
38 The Courts-Martial (Appeals) Act 1951 is amended as follows.
39 In section 28 (provisions with respect to office of Judge Advocate of fleet), after subsection (3) insert—
“(3A) The Lord Chancellor may make a recommendation under subsection (3) 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.”
40 In section 32 (tenure of office of Judge Advocate General and assistants), for subsection (1) substitute—
“(1) The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor 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.
(1A) The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor 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.
(1B) An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.
(1C) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a) the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b) the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”
41 (1) Section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (appropriate courts and procedure) is amended as follows.
(2) After subsection (5) insert—
“(5A) The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making rules under subsection (1) that relate to England and Wales.
(5B) 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 (5A).”
42 In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of—
(a) All Hallows London Wall,
(b) St. Margaret Pattens, and
(c) St. Mary Aldermary,
substitute “Her Majesty”.
43 (1) In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3 (appointments) is amended as follows.
(2) In sub-paragraph (4) for “by the Lord Chancellor and” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor, and by”.
(3) 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 paragraph.”
44 (1) Section 170 of the Mines and Quarries Act 1954 (provisions as to references upon notices) is amended as follows.
(2) In subsection (9) after “Lord Chancellor” insert “, the Lord Chief Justice”.
(3) After subsection (9) insert—
“(10) 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).”
45 Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to making certain orders under the Act) is amended as follows.
46 (1) Paragraph 4 (inquiries into objections) is amended as follows.
(2) In sub-paragraph (1) for “by the Lord Chancellor” substitute “in accordance with sub-paragraph (1A)”.
(3) After sub-paragraph (1) insert—
“(1A) A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows—
(a) if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;
(b) if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session;
(c) if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.”
(4) In sub-paragraph (3) for “The Lord Chancellor shall by statutory instrument make rules of procedure” substitute “Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A)”.
(5) After sub-paragraph (3) insert—
“(3A) Rules under sub-paragraph (3) are to be made as follows—
(a) if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor;
(b) if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session;
(c) if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.”
(6) In sub-paragraph (4) for the words from “as the Lord Chancellor” to the end substitute “as may be determined, with the approval of the Treasury—
(a) by the Lord Chancellor, or
(b) in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.”
(7) After sub-paragraph (4) insert—
“(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).”
Constitutional Reform Act 2005