Constitutional Reform Bill [HL]

House of Lords

Session 2003 - 04
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 2 — Powers to make rules
Part 2 — Rule-making powers subject to the process in Part 1
128

      (3)
Omit subsection (6).
Supreme Court Act 1981 (c. 54)
19
The Supreme Court Act 1981 is amended as follows.
20
In section 76 (further provision about scope of Family Procedure Rules) omit
“by the President of the Family Division, with the concurrence of the Lord
5
Chancellor,”.
21    (1)
Section 127 (probate rules) is amended as follows.
      (2)
In subsection (1) for the words from the beginning to “for regulating”
substitute “Rules of court (in this Part referred to as “probate rules”) may be
made in accordance with Part 1 of Schedule 2 to the Constitutional Reform
10
Act 2004 for regulating”.
      (3)
Omit subsection (3).
22    (1)
Section 136 (production of documents filed in, or in custody of, Supreme
Court) is amended as follows.
      (2)
In subsection (1) for the words from the beginning to “make rules” substitute
15
“Rules may be made in accordance with Part 1 of Schedule 2 to the
Constitutional Reform Act 2004”.
      (3)
In subsection (2)(b) for “Lord Chancellor” substitute “person making the
rules”.
      (4)
Omit subsection (3).
20
Mental Health Act 1983 (c. 20)
23
The Mental Health Act 1983 is amended as follows.
24
In section 65 (Mental Health Review Tribunals), in subsection (3) omit “by
the Lord Chancellor”.
25
In section 108 (general provisions as to rules under Part 7), after subsection
25
(1) (as substituted by paragraph 170(2) of Schedule 1) insert—
“(1A)
Rules under any other provision of this Part of this Act are to be
made in accordance with Part 1 of Schedule 2 to the Constitutional
Reform Act 2004”.
26
In section 143 (general provisions as to regulations, orders and rules), after
30
subsection (3) insert—
“(4)
This section does not apply to rules which are, by virtue of section
108 of this Act, to be made in accordance with Part 1 of Schedule 2 to
the Constitutional Reform Act 2004.”
County Courts Act 1984 (c. 28)
35
27    (1)
Section 38 of the County Courts Act (remedies available in county courts) is
amended as follows.
      (2)
Omit subsection (4)(c).
      (3)
After subsection (4) insert—
“(4A)
If regulations are made under subsection (3), rules may be made in
40
accordance with Part 1 of Schedule 2 to the Constitutional Reform

Constitutional Reform Bill [HL]
Schedule 2 — Powers to make rules
Part 2 — Rule-making powers subject to the process in Part 1
129

Act 2004 about procedure relevant to the matters prescribed in the
regulations.”
Matrimonial and Family Proceedings Act 1984 (c. 42)
28
In section 40 of the Matrimonial and Family Proceedings Act 1984 (family
proceedings rules), in the second paragraph of subsection (2)—
5
(a)
in paragraph (a) omit “by the Lord Chancellor”;
(b)
in paragraph (b) omit “by the President of the Family Division with
the concurrence of the Lord Chancellor”.
Housing Act 1985 (c. 68)
29
The Housing Act 1985 is amended as follows.
10
30    (1)
Section 111 (secure tenancies: county court rules and directions) is amended
as follows.
      (2)
In subsection (1) for “The Lord Chancellor may make such rules and give
such directions as he thinks fit” substitute “Rules may be made in
accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2004”.
15
      (3)
Omit subsection (3).
31    (1)
Section 181 (right to buy: jurisdiction of county court) is amended as follows.
      (2)
In subsection (4)—
(a)
for the words from the beginning to “thinks fit” substitute “Rules
may be made in accordance with Part 1 of Schedule 2 to the
20
Constitutional Reform Act 2004”;
(b)
omit “or directions”.
      (3)
Omit subsection (5).
32    (1)
Section 572 (assistance for owners of defective housing: jurisdiction of
county court) is amended as follows.
25
      (2)
For subsection (4) substitute—
“(4)
Rules for the purpose of giving effect to this section may be made in
accordance with Part 1 of Schedule 2 to the Constitutional Reform
Act 2004.”
      (3)
Omit subsection (6).
30
Coroners Act 1988 (c. 13)
33
The Coroners Act 1988 is amended as follows.
34
In section 11 (proceedings at inquest), for subsection (5)(c) substitute—
“(c)
shall be in such form as may be prescribed in rules made in
accordance with Part 1 of Schedule 2 to the Constitutional
35
Reform Act 2004.”
35    (1)
Section 32 (power to make rules) is amended as follows.
      (2)
In subsection (1) for “The Lord Chancellor may, with the concurrence of the
Secretary of State, make rules” substitute “Rules may be made in accordance
with Part 1 of Schedule 2 to the Constitutional Reform Act 2004”.
40
      (3)
In subsection (3) for “of the Lord Chancellor under this section to make
rules” substitute “to make rules under this section”.

Constitutional Reform Bill [HL]
Schedule 2 — Powers to make rules
Part 2 — Rule-making powers subject to the process in Part 1
130

      (4)
Omit subsection (4).
Housing Act 1996 (c. 52)
36
The Housing Act 1996 is amended as follows.
37    (1)
Section 138 (introductory tenancies: jurisdiction of county court) is amended
as follows.
5
      (2)
For subsection (4) substitute—
“(4)
Rules for the purposes of giving effect to this section may be made
under Part 1 of Schedule 2 to the Constitutional Reform Act 2004.”
      (3)
Omit subsection (6)
38    (1)
Section 143N (demoted tenancies: jurisdiction of county court) is amended
10
as follows.
      (2)
For subsection (5) substitute—
“(5)
Rules for the purposes of giving effect to this section may be made
under Part 1 of Schedule 2 to the Constitutional Reform Act 2004.”
      (3)
Omit subsection (7).
15
Family Law Act 1996 (c. 27)
39
The Family Law Act 1996 is amended as follows.
40    (1)
For the title to section 12 substitute “Rules about procedure”.
      (2)
In subsection (1) for “The Lord Chancellor may make rules” substitute
“Rules may be made in accordance with Part 1 of Schedule 2 to the
20
Constitutional Reform Act 2004”.
      (3)
In subsection (2) for “The Lord Chancellor may make rules” substitute
“Rules may be made in accordance with Part 1 of Schedule 2 to the
Constitutional Reform Act 2004”.
41
In section 65 (rules, regulations and orders), in subsection (5) after “does not
25
apply” insert “to rules made under section 12 or”.
Justices of the Peace Act 1997 (c. 25)
42
In section 54 of the Justices of the Peace Act 1997 (indemnification of justices
and justices’ clerks), for subsection (8) substitute—
“(8)
Rules prescribing the procedure to be followed in any appeal under
30
subsection (6) above may be made in accordance with Part 1 of
Schedule 2 to the Constitutional Reform Act 2004.”
Adoption and Children Act 2002 (c. 38)
43
The Adoption and Children Act 2002 is amended as follows.
44
In section 141 (rules of procedure), in subsection (1) for “The Lord
35
Chancellor may make rules” substitute “Rules may be made in accordance
with Part 1 of Schedule 2 to the Constitutional Reform Act 2004”.

Constitutional Reform Bill [HL]
Schedule 3 — Powers to give directions
Part 2 — Powers of direction subject to the process in Part 1
131

45
In section 142 (supplementary and consequential provision), in subsection
(4) for “this Act or” substitute “this Act, any power to make rules under
section 141 or any power”.
Schedule 3
Section 7

Powers to give directions
5
Part 1
The process
Interpretation
1
In this Part “designated directions” means directions under another Act
which are, by virtue of provision in that Act, to be made or given in
10
accordance with this Part;
The process
2     (1)
It is for the Lord Chief Justice, or a judicial office holder nominated by the
Lord Chief Justice with the agreement of the Minister, to make or give
designated directions.
15
      (2)
The Lord Chief Justice may nominate a judicial office holder in accordance
with sub-paragraph (1)—
(a)
to make or give designated directions generally, or
(b)
to make or give designated directions under a particular enactment.
      (3)
In this part—
20
(a)
“judicial office holder” has the same meaning as in section 84(4);
(b)
references to the Lord Chief Justice’s nominee, in relation to
designated directions, means a judicial office holder nominated by
the Lord Chief Justice under sub-paragraph (1) to make or give those
directions.
25
3     (1)
The Lord Chief Justice, or his nominee, may make or give designated
directions only with the agreement of the Minister.
      (2)
Sub-paragraph (1) does not apply to designated directions that contain
guidance about any of the following—
(a)
the application or interpretation of the law;
30
(b)
the making of judicial decisions.
      (3)
If the Minister does not agree designated directions made or given by the
Lord Chief Justice, or by his nominee, the Minister must give that person
written reasons why he does not agree the directions.
Part 2
35
Powers of direction subject to the process in Part 1
Courts-Martial (Appeals) Act 1968 (c. 20)
4     (1)
Section 4 of the Courts-Martial (Appeals) Act 1968 is amended as follows.

Constitutional Reform Bill [HL]
Schedule 3 — Powers to give directions
Part 2 — Powers of direction subject to the process in Part 1
132

      (2)
In subsection (1) for “by the Lord Chief Justice with the consent of the Lord
Chancellor” substitute “in accordance with Part 1 of Schedule 3 to the
Constitutional Reform Act 2004”.
      (3)
In subsection (2) for “If the Lord Chief Justice so directs” substitute “If such
directions so provide”.
5
      (4)
In subsection (3) for “the Lord Chief Justice shall direct” substitute “such
directions may provide”.
Rent (Agriculture) Act 1976 (c. 80)
5
In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure),
after subsection (5A) (as inserted by paragraph 14 of Schedule 2) insert—
10
“(5B)
Directions may be given in accordance with Part 1 of Schedule 3 to
the Constitutional Reform Act 2004 for the purpose of giving effect
to Part 1 or 2 of this Act, or this Part.
(5C)
Such directions may include provision for the remission of fees.”
Rent Act 1977 (c. 42)
15
6
In section 142 of the Rent Act 1977 (rules as to procedure), after subsection
(2) (as substituted by paragraph 14 of Schedule 2) insert—
“(2A)
Directions may be given in accordance with Part 1 of Schedule 3 to
the Constitutional Reform Act 2004 for the purpose of giving effect
to the provisions of this Act.
20
(2B)
Such directions may include provision for any of the matters referred
to in subsection (2).”
Housing Act 1980 (c. 51)
7
In section 86 of the Housing Act 1980 (jurisdiction of county court and rules
of procedure) after subsection (4) (as substituted by paragraph 18 of
25
Schedule 2) insert—
“(4A)
Directions may be given in accordance with Part 1 of Schedule 3 to
the Constitutional Reform Act 2004 for the purpose of giving effect
to this Act.”
Supreme Court Act 1981 (c. 54)
30
8
In section 124 of the Supreme Court Act 1981 (place for deposit of original
wills and other documents), for “as the Lord Chancellor may direct”
substitute “as may be provided for in directions given in accordance with
Part 1 of Schedule 3 to the Constitutional Reform Act 2004”.
County Courts Act 1984 (c. 28)
35
9     (1)
Section 74A of the County Courts Act 1984 (practice directions) is amended
as follows.
      (2)
In subsection (1) for “by the Lord Chancellor” substitute “in accordance with
Part 1 of Schedule 3 to the Constitutional Reform Act 2004”.

Constitutional Reform Bill [HL]
Schedule 3 — Powers to give directions
Part 2 — Powers of direction subject to the process in Part 1
133

      (3)
In subsection (2) for “may not be made by any other person without the
approval of the Lord Chancellor” substitute “made otherwise than in
accordance with that Part of that Schedule may not be made without the
approval of the Lord Chief Justice and the Minister for Constitutional
Affairs”.
5
      (4)
In subsection (3) omit “of the Lord Chancellor”.
      (5)
Omit subsection (4).
Housing Act 1985 (c. 68)
10
The Housing Act 1985 is amended as follows.
11
In section 111 (secure tenancies: county court rules and directions), after
10
subsection (1) (as amended by paragraph 30 of Schedule 2) insert—
“(1A)
Directions may be given in accordance with Part 1 of Schedule 3 to
the Constitutional Reform Act 2004 for the purpose of giving effect
to the provisions referred to in subsection (1).”
12
In section 181 (right to buy: jurisdiction of county court), after subsection (4)
15
(as amended by paragraph 31 of Schedule 2) insert—
“(4A)
Directions may be given in accordance with Part 1 of Schedule 3 to
the Constitutional Reform Act 2004 for the purpose of giving effect
to this section; and such directions may provide for any of the
matters referred to in paragraphs (a) and (b) of subsection (4).”
20
13
In section 572 (assistance for owners of defective housing: jurisdiction of
county court), after subsection (4) (as amended by paragraph 32 of Schedule
2) insert—
“(4A)
Directions for the purpose of giving effect to this section may be
given in accordance with Part 1 of Schedule 3 to the Constitutional
25
Reform Act 2004.”
Housing Act 1996 (c. 52)
14
The Housing Act 1996 is amended as follows.
15
In section 138 (introductory tenancies: jurisdiction of county court), after
subsection (4) (as substituted by paragraph 37 of Schedule 2) insert—
30
“(4A)
Directions for the purposes of giving effect to this section may be
given under Part 1 of Schedule 2 to the Constitutional Reform Act
2004.”
16
In section 143N (demoted tenancies: jurisdiction of county court), after
subsection (5) (as substituted by paragraph 38 of Schedule 2) insert—
35
“(5A)
Directions for the purposes of giving effect to this section may be
given under Part 1 of Schedule 2 to the Constitutional Reform Act
2004.”
Courts Act 2003 (c. 39)
17
The Courts Act 2003 is amended as follows.
40

Constitutional Reform Bill [HL]
Schedule 3 — Powers to give directions
Part 2 — Powers of direction subject to the process in Part 1
134

18    (1)
Section 30 (magistrates’ courts: places, dates and times of sittings) is
amended as follows.
      (2)
In subsection (1) for “The Lord Chancellor may give” substitute “Directions
may be given in accordance with Part 1 of Schedule 3 to the Constitutional
Reform Act 2004”.
5
      (3)
In subsection (2) for “In exercising his powers under subsection (1), the Lord
Chancellor” substitute “The person exercising the powers under subsection
(1)”.
      (4)
In subsection (3) for “The Lord Chancellor may, with the concurrence of the
Lord Chief Justice, give directions” substitute “Directions may be given in
10
accordance with Part 1 of Schedule 3 to the Constitutional Reform Act 2004”.
      (5)
In subsection (7) for “The Lord Chancellor may give directions” substitute
“Directions may be given in accordance with Part 1 of Schedule 3 to the
Constitutional Reform Act 2004”.
19    (1)
Section 74 (practice directions as to practice and procedure of criminal
15
courts) is amended as follows.
      (2)
In subsection (1) for “The Lord Chief Justice may, with the concurrence of the
Lord Chancellor, give directions” substitute “Directions may be given in
accordance with Part 1 of Schedule 3 to the Constitutional Reform Act 2004”.
      (3)
In subsection (2) for the words from “may not be given” to the end substitute
20
“given otherwise than in accordance with Part 1 of Schedule 3 to the
Constitutional Reform Act 2004 may not be given without the approval of
the Lord Chief Justice and the Secretary of State for Constitutional Affairs.”
      (4)
For subsection (3)(a) substitute—
“(a)
to vary or revoke directions given by any person as to the
25
practice and procedure of the criminal courts (or any of
them),”.
      (5)
Omit subsection (4).
20    (1)
Section 81 (practice directions relating to family proceedings) is amended as
follows.
30
      (2)
In subsection (1) for “The President of the Family Division may, with the
concurrence of the Lord Chancellor, give directions” substitute “Directions
may be given in accordance with Part 1 of Schedule 3 to the Constitutional
Reform Act 2004”.
      (3)
In subsection (2) for the words from “may not be given” to the end substitute
35
“given otherwise than in accordance with Part 1 of Schedule 3 to the
Constitutional Reform Act 2004 may not be given without the approval of
the Lord Chief Justice and the Secretary of State for Constitutional Affairs”.
      (4)
For subsection (3)(a) substitute—
“(a)
to vary or revoke directions given by person as to the practice
40
and procedure of magistrates’ courts and county courts (or
any of them (in family proceedings),”.
Criminal Justice Act 2003 (c. 44)
21
The Criminal Justice Act 2003 is amended as follows.
22    (1)
Section 168 (Sentencing Guidelines Council: supplementary provisions) is
45
amended as follows.