Constitutional Reform Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 2 — Functions of The Lord Chancellor and organisation of the courts
206

European Parliamentary Elections Act 2002 (c. 24)
22
In the European Parliamentary Elections Act 2002, in section 10
(disqualification) in subsection (1) omit paragraph (b) and the “or”
immediately preceding it.
Justice (Northern Ireland) Act 2002 (c. 26)
5
23    (1)
The Justice (Northern Ireland) Act 2002 is amended as follows.
      (2)
In each of—
(a)
section 8(4)(a),
(b)
section 24(4)(a), and
(c)
section 43(5)(a),
10

(tribunals for considering removal from certain offices) for the words from
“holds the office” to “Appellate Jurisdiction Act 1887 (c. 70))” substitute
“holds high judicial office, within the meaning of Part 2 of the Constitutional
Reform Act 2004”.
      (3)
Omit section 18(1) (amendment of section 6 of the Appellate Jurisdiction Act
15
1876).
Nationality, Immigration and Asylum Act 2002 (c. 41)
24
In paragraph 3 of Schedule 5 to the Nationality, Immigration and Asylum
Act 2002 (President of the Immigration Appeal Tribunal) for “the Appellate
Jurisdiction Act 1876 (c. 59).” substitute “Part 2 of the Constitutional Reform
20
Act 2004 or is or has been a member of the Judicial Committee of the Privy
Council.”
Schedule 15
Section 101

Repeals and revocations
Part 1
25
The Lord Chancellor

Reference
Extent of repeal or revocation

Supreme Court Act 1981 (c. 54)
Section 1(2).

Judicial Pensions and
In section 26(7)(a) the words “, unless he is the

Retirement Act 1993 (c. 8)
Lord Chancellor”.

30
Part 2
Functions of The Lord Chancellor and organisation of the courts

Reference
Extent of repeal or revocation

British Law Ascertainment Act
In section 5 omit “the Lord Chancellor,”.

35

1859 (c. 63)

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 2 — Functions of The Lord Chancellor and organisation of the courts
207

Reference
Extent of repeal or revocation

Appellate Jurisdiction Act 1887
In section 3 the words from “unless” until the

(c. 70)
end.

Pensions Appeal Tribunals Act
In section 13(a) “by the Lord Chancellor”.

1943 (c. 39)

5

Appellate Jurisdiction Act 1947
Section 1(1).

(c. 11)

Agriculture Act 1947 (c. 48)
In section 108(1) “by the Minister” in the second

place.

Lands Tribunal Act 1949 (c. 42)
In section 2(9)(a) “to the Lord President of the

10

Court of Session or, in subsections (5) to (7),”.

Agriculture Act 1958 (c. 71)
In Schedule 1, paragraph 4.

Mental Health Act 1959 (c. 72)
In section 145 “or the Lord Chancellor”.

Administration of Justice Act
In section 14(2) “; and no such application shall

1960 (c. 65)
in any case be made to the Lord Chancellor”.

15

Courts Act 1971 (c. 23)
Section 57(6).

In Schedule 10, paragraphs 3 and 4.

Land Charges Act 1972 (c. 61)
In section 16(2) “of the Lord Chancellor, with

the concurrence of the Secretary of State,”.

Hearing Aid Council Act 1968
In section 13 “on the Lord Chancellor”.

20

(c. 50)

Rent (Agriculture) Act 1976
In section 26(5), the second paragraph.

(c. 80)

Rent Act 1977 (c. 42)
Section 142(2).

Judicial Pensions Act 1981
In section 1 in the entry beginning “Judge of the

25

(c. 20)
Supreme Court” in the first column of the

table omit “, other than the Lord Chancellor”.

Supreme Court Act 1981 (c. 54)
Section 1(2).

In section 2—

(a)
subsection (2)(a);

30

(b)
in subsection (6) “Lord Chancellor,”.

In section 4—

(a)
subsection (1)(a);

(b)
in subsection (6) “Lord Chancellor,”.

In section 7 “the Lord Chancellor,”.

35

In section 9(2) the paragraph after the definition

of “relevant court”.

In section 10(4) “, in the presence of the Lord

Chancellor”.

In section 12(1) “, other than the Lord

40

Chancellor,”.

In section 44(2) , “the Lord Chancellor,”.

Section 84(8).

In section 91(1)(a) “or III”.

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 2 — Functions of The Lord Chancellor and organisation of the courts
208

Reference
Extent of repeal or revocation

Mental Health Act 1983 (c. 20)
In section 65(3) “by the Lord Chancellor”.

In section 94(1) “by the Lord Chancellor or”.

In section 96(3) “the Lord Chancellor or”.

In section 104(3) “the Lord Chancellor or” in

5

both places.

In section 105(2) “the Lord Chancellor or” in the

first place.

In section 111—

(a)
in subsection (1) “by the Lord Chancellor

10

or”;

(b)
in subsection (2) “the Lord Chancellor

or”;

(c)
in subsection (4)(a) “the Lord Chancellor

or”;

15

(d)
in subsection (4)(b) “the Lord

Chancellor,”.

In section 143(1) “or the Lord Chancellor”.

In Schedule 2, in paragraphs 4 and 6 “by the

Lord Chancellor”.

20

Matrimonial and Family
Section 40(5).

Proceedings Act 1984 (c. 42)

Coroners Act 1988 (c. 13)
In section 33(2)(a) “the Lord Chancellor or”.

Copyright, Designs and Patents
In section 146—

Act 1988 (c. 48)
(a)
in subsection (2) from “or” to the end;

25

(b)
in subsection (3)—

(i) “or, in the case of the chairman or a

deputy chairman, the Lord Chancellor”;

(ii) “or, as the case may be, the Lord

Chancellor”.

30

Child Support Act 1991 (c. 48)
In section 52(1) “the Lord Chancellor,”.

Tribunals and Inquiries Act
In section 7(1) “, other than the Lord

1992 (c. 53)
Chancellor,”.

Judicial Pensions and
In section 26(7)—

Retirement Act 1993 (c. 8)
(a)
in paragraph (a) “, unless he is the Lord

35

Chancellor”;

(b)
in paragraph (b) “, unless he is the Lord

Chancellor”.

In Schedule 5, in the second entry omit “, other

than the Lord Chancellor”.

40

Employment Tribunals Act
In section 22(1)(a) “(other than the Lord

1996 (c. 17)
Chancellor)”.

Civil Procedure Act 1997 (c. 12)
Section 2(1)(a).

Section 2A(2)(c).

Section 3(6) “Subject to subject to subsection

45

(7),”.

Section 3(7).

Justices of the Peace Act 1997
In section 24(5) “by the Lord Chancellor”.

(c. 25)

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 4 — Lord Chancellor’s salary and pension
209

Reference
Extent of repeal or revocation

Social Security Act 1998 (c. 14)
Section 80(3).

Criminal Justice and Court
In section 76(1) “the Lord Chancellor or”.

Services Act 2000 (c. 43)
In section 77(1) “The Lord Chancellor or”.

Nationality, Immigration and
In section 16(3)(a) omit “of the Lord

5

Asylum Act 2002 (c. 41)
Chancellor”.

Criminal Justice Act 2003 (c. 44)
In section 330(1)(b) “on the Lord Chancellor”.

Courts Act 2003 (c. 39)
In section 64—

(a) in subsection (2) “Vice-Chancellor”;

(b) subsection (4)(a).

10

Section 71(2).

In section 72(6), “Subject to subsection (7),”.

Section 72(7).

Section 77(4).

In section 79(6), “Subject to subsection (7),”.

15

Section 79(7).

Section 83(3).

Section 107(6), “by the Lord Chancellor”.

Section 168(2).

Part 3
20
The Great Seal

Reference
Extent of repeal or revocation

House of Lords Precedence Act
In section 4, the words “the lorde chauncellour,”

1539 (c. 10)
in both places.

In section 8, the words “lord chauncelor”.

25

Great Seal Act 1688 (c. 21)
The whole Act.

Judicial Committee Act 1833
In section 1, the words from “and such” to

(c. 41)
“Britain”; and from “or shall” to “mentioned”.

Great Seal Act 1884 (c. 30)
In section 2, the words from “by the fiat” to “or

otherwise”.

30
Part 4
Lord Chancellor’s salary and pension

Reference
Extent of repeal or revocation

Lord Chancellor’s Pension Act
The whole Act.

1832 (c. 111)

35

Parliamentary and other
Section 28.

Pensions Act 1972 (c. 48)

Ministerial and other Salaries
Section 1(2).

Act 1975 (c. 27)

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 5 — Power to make rules
210

Reference
Extent of repeal or revocation

Judicial Pensions Act 1981
In section 4 the words “, or under this Chapter

(c. 20)
and the Lord Chancellor’s Pension Act 1832”.

In section 16, the entry in the Table relating to

the Lord Chancellor.

5

Section 26.

Parliamentary and other
In section 2 the words from the beginning to “as

Pensions Act 1987 (c. 45)
Lord Chancellor; and”.

Ministerial and Other Pensions
Section 1(2).

and Salaries Act 1991 (c. 5)

10

Judicial Pensions and
Section 14.

Retirement Act 1993 (c. 8)

Parliamentary Pensions
Regulation N4.

(Consolidation and

Amendment) Regulations

15

1993 (S.I. 1993/3253)

Part 5
Power to make rules

Reference
Extent of repeal or revocation

Compensation (Defence) Act
Section 9(1)(a).

20

1939 (c. 75)

Reserve and Auxiliary Forces
In section 5(1) “by the Lord Chancellor”.

(Protection of Civil Interests)

Act 1951 (c. 65)

Courts-Martial (Appeals) Act
Section 49(3) and (4).

25

1968 (c. 20)

Rent Act 1977 (c. 42)
Section 142(4).

Housing Act 1980 (c. 51)
Section 86(6).

Supreme Court Act 1981 (c. 54)
In section 76 “by the President of the Family

Division, with the concurrence of the Lord

30

Chancellor,”.

Section 127(3).

Section 136(3).

Mental Health Act 1983 (c. 20)
In section 65(3) “by the Lord Chancellor”.

County Courts Act 1984 (c. 28)
Section 38(4)(c).

35

Matrimonial and Family
In the second paragraph of section 40(2)—

Proceedings Act 1984 (c. 42)
(a) in paragraph (a) “by the Lord Chancellor”;

(b) in paragraph (b) “by the President of the

Family Division with the concurrence of the

Lord Chancellor”.

40

Housing Act 1985 (c. 68)
Section 111(3).

In section 181—

(a) in subsection (4) “or directions”;

(b) subsection (5).

Section 572(6).

45

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 7 — Supreme Court
211

Reference
Extent of repeal or revocation

Coroners Act 1988 (c. 13)
Section 32(4).

Housing Act 1996 (c. 52)
Section 138(6).

Section 143N(7).

Part 6
5
Powers to give directions

Reference
Extent of repeal or revocation

County Courts Act 1984
In section 74A(3) “of the Lord Chancellor”.

Section 74A(4).

Courts Act 2003 (c. 39)
Section 74(4).

10

Criminal Justice Act 2003 (c. 44)
Section 168(1)(c).

Part 7
Supreme Court

Reference
Extent of repeal or revocation

Appellate Jurisdiction Act 1876
The whole Act.

15

(c. 59)

Appellate Jurisdiction Act 1887
Section 1.

(c. 70)
Section 5.

Supreme Court of Judicature
The whole Act.

Act 1891 (c. 53)

20

Administration of Justice
Section 1.

(Appeals) Act 1934 (c. 40)

Appellate Jurisdiction Act 1947
The whole Act.

(c. 11)

Life Peerages Act 1958 (c. 21)
In section 1(1), the words “Without prejudice to

25

Her Majesty’s powers as to the appointment

of Lords of Appeal in Ordinary,”.

Administration of Justice Act
Section 1(3).

1960 (c. 65)

Administration of Justice Act
The whole Act.

30

1968 (c. 5)

Criminal Appeal Act 1968
Section 35(1) and (2).

(c. 19)

Courts-Martial (Appeals) Act
Section 41(1) and (2).

1968 (c. 20)

35

Administration of Justice Act
Section 13(4)

1969 (c. 58)
Section 14.

Taxes Management Act 1970
Section 56(8)(a).

(c. 9)
Section 56A(7).

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 7 — Supreme Court
212

Reference
Extent of repeal or revocation

Administration of Justice Act
Section 9(1)(a).

1973 (c. 15)
Section 12.

Judicature (Northern Ireland)
Section 41(3).

Act 1978 (c. 23)
Section 42(3) to (5).

5

Criminal Appeal (Northern
Section 33(1) and (2).

Ireland) Act 1980 (c. 47)

Contempt of Court Act 1981
In section 19, in the definition of “superior

(c. 49)
court”, the words from “and includes” to the

end.

10

Justices of the Peace Act 1997
In section 7(2)(a) the words “within the meaning

(c. 25)
of the Appellate Jurisdiction Act 1876”.

Government of Wales Act 1998
In Schedule 8—

(c. 38)
(a) paragraph 1(2)(a);

(b) paragraph 29 and the heading before it;

15

(c) paragraphs 32 to 34 and the heading

before paragraph 32.

Human Rights Act 1998 (c. 42)
Section 6(4).

Scotland Act 1998 (c. 46)
Section 15(1)(c).

In section 32(4), the definition of “Judicial

20

Committee”.

Section 103.

In section 127, the entry for “Judicial

Committee”.

In Schedule 6, paragraph 32 and the heading

25

before it.

In Schedule 7, in the table under paragraph 1(2),

the entry relating to section 103(3)(a) and (b).

Northern Ireland Act 1998
Section 82.

(c. 47)
In section 98(1), the entry for “Judicial

30

Committee”.

In Schedule 10, paragraph 32 and the heading

before it.

European Parliamentary
In section 10(1), paragraph (b) and the “or”

Elections Act 2002 (c. 24)
immediately preceding it.

35

Justice (Northern Ireland) Act
Section 18(1).

2002 (c. 26)