SCHEDULE 1
Article 2
Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation
Appellate Jurisdiction Act 1876
1. The Appellate Jurisdiction Act 18762is amended as follows.
2. In section 5, omit subsection (1).
3. In section 25, in the definition of “High judicial office”, omit the words “Lord Chancellor of Great Britain or of”.
4. Appellate Jurisdiction Act 1887
(1) Section 3 of the Appellate Jurisdiction Act 18873is amended in accordance with this paragraph.
(2) Omit “unless he is for the time being the Lord Chancellor of Great Britain”.
Matrimonial and Family Proceedings Act 1984
5. The Matrimonial and Family Proceedings Act 19844is amended as follows.
6.—(1) Section 36A is amended in accordance with this paragraph.
(2) In subsections (1) and (8) after “Lord Chancellor may” insert “, with the concurrence of 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 this section.”.
7.—(1) Section 36D is amended in accordance with this paragraph.
(2) That section becomes subsection (1) of section 36D.
(3) In that subsection, for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”.
(4) 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.”.
Nationality, Immigration and Asylum Act 2002
8. Schedule 4 to the Nationality, Immigration and Asylum Act 20025is amended as follows.
9.—(1) Paragraph 4 is amended in accordance with this paragraph.
(2) That paragraph becomes sub-paragraph (1) of paragraph 4.
(3) After that sub-paragraph insert—
“2 An order under sub-paragraph (1) relating to members sitting in England and Wales may only be made with the concurrence of Lord Chief Justice of England and Wales.
3 An order under sub-paragraph (1) relating to members sitting in Scotland may only be made with the concurrence of the Lord President of the Court of Session.
4 An order under sub-paragraph (1) relating to members sitting in Northern Ireland may only be made with the concurrence of the Lord Chief Justice of Northern Ireland.”.
10. After paragraph 5(2) insert—
“3 The Lord Chancellor may appoint a person under sub-paragraph (1)(a) 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.”.
11. After paragraph 11 insert—
“Delegation
12.—(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 any of his functions under this Schedule.
(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 this Schedule.
(3) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
(a)
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”.
12. Schedule 1 to the Gender Recognition Act 20046is amended as follows.
13. In paragraph 1(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.
14. After paragraph 1(1) insert—
“1A The Lord Chancellor may appoint a person under sub-paragraph (1) 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.”.
15. In paragraph 2(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.
16. After paragraph 2(1) insert—
“1A The Lord Chancellor may appoint a person under sub-paragraph (1) 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.”.
17. After paragraph 8 insert—
“Delegation
8A.—(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 any of his functions under this Schedule.
(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 this Schedule.
(3) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
(a)
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
(b) a Lord Justice of Appeal (as defined in section 88 of that Act).”.
Traffic Management Act 2004
18. Section 81 of the Traffic Management Act 20047is amended as follows.
19. For subsection (3)(b) substitute—
“(b)
“(b) for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;
(c)
(c) for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—
(i) not to re-appoint a person as an adjudicator, or
(ii) to remove a person from his office as an adjudicator.”.
20. After subsection (3) insert—
“3A The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.”.
21. The Civil Partnership Act 20048is amended as follows.
22.—(1) Section 188 is amended in accordance with this paragraph.
(2) After subsection (4) insert—
“4A The Lord Chancellor may make an order under subsection (4) only with the concurrence of the Lord Chief Justice of Northern Ireland.”.
23. In paragraph 47 of Schedule 6, after sub-paragraph (2) insert—
“3 The Lord Chancellor may make a determination for the purposes of sub-paragraph (1) only with the concurrence of the Lord Chief Justice.
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.”.
24.—(1) Paragraph 2 of Schedule 16 is amended in accordance with this paragraph.
(2) In sub-paragraph (2)(b), after “may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”.
25. Schedule 4 to the Pensions Act 20049is amended as follows.
26. After paragraph 2(8) insert—
“9 The Lord Chancellor may appoint a person to be President or Deputy President, or appoint a person under sub-paragraph (8)(b), 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.”.
27.—(1) Paragraph 8 is amended in accordance with this paragraph.
(2) That paragraph becomes sub-paragraph (1) of paragraph 8.
(3) After that sub-paragraph insert—
“2 Before giving a direction under sub-paragraph (1) in relation to sittings in England and Wales the Lord Chancellor must consult the Lord Chief Justice of England and Wales.
3 Before giving a direction under sub-paragraph (1) in relation to sittings in Scotland the Lord Chancellor must consult the Lord President of the Court of...
