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]
Part 5 — General
37

101
Repeals and revocations
The provisions listed in Schedule 15 are repealed or revoked to the extent
specified.
102
Extent
(1)
The following provisions of Part 1 extend to England and Wales only—
5
(a)
sections 1 and 2;
(b)
sections 4 and 5.
(2)
Part 3 extends to England and Wales only.
(3)
Section 98 does not extend to Northern Ireland.
(4)
Any amendment, repeal or revocation made by this Act has the same extent as
10
the provision to which it relates.
(5)
Subject to subsections (1) to (4), this Act extends to Northern Ireland.
103
Commencement
(1)
This Act, except this section and sections 102 and 104, comes into force in
accordance with provision to be made by the Minister by order made by
15
statutory instrument.
(2)
An order under this section may make different provision for different
purposes.
104
Short title
This Act may be cited as the Constitutional Reform Act 2004.
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38
Constitutional Reform Bill [HL]
Schedule 1 — Functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments

Schedules
Schedule 1
Section 3

Functions of the Lord Chancellor and
organisation of the courts
Part 1
5
Amendments
Habeas Corpus Act 1679 (c. 2)
1     (1)
Any reference to the Lord Chancellor or the Lord Keeper in sections 2 and 9
of the Habeas Corpus Act 1679 is to be construed as a reference to the Lord
Chief Justice.
10
      (2)
The Lord Chief Justice may nominate a judicial office holder (as defined in
section 84(4) of the Constitutional Reform Act 2004) to exercise his functions
under sections 2 and 9 of that Act.
Cestui que vie Act 1707 (c. 72)
2
Any reference to the Lord Chancellor and keeper or commissioners for the
15
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 the a judge of the
Chancery Division of the High Court.
British Law Ascertainment Act 1859 (c. 63)
3
In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit
20
“the Lord Chancellor,”.
Promissory Oaths Act 1871 (c. 48)
4     (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.
25
      (2)
In the paragraph beginning “In England and Wales” for “Lord Chancellor”
substitute “Lord Chief Justice”.
      (3)
After that paragraph insert—

“The Lord Chief Justice may nominate a judicial office holder (as
defined in section 84(4) of the Constitutional Reform Act 2004) to
30
exercise his functions under the preceding paragraph.”

Constitutional Reform Bill [HL]
Schedule 1 — Functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
39

Sheriffs Act 1887 (c. 55)
5
In section 20 of the Sheriffs Act 1887 (fees and poundage), in subsection (2)
for “Lord Chancellor” substitute “Secretary of State for Constitutional
Affairs”.
Appellate Jurisdiction Act 1887 (c. 70)
5
6
In section 3 of the Appellate Jurisdiction Act 1887 (membership of Judicial
Committee of Privy Council), omit the words from “unless” until the end.
Law of Distress Amendment Act 1888 (c. 21)
7
In section 8 of the Law of Distress Amendment Act 1888 (power to make
rules), for “Lord Chancellor” substitute “Secretary of State for Constitutional
10
Affairs”.
Stamp Act 1891 (c. 39)
8
In section 13A (appeal to the Special Commissioners), in subsection (4) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Stannaries Court (Abolition) Act 1896 (c. 45)
15
9     (1)
Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-
Warden’s Court) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor may” substitute “Secretary of State for
Constitutional Affairs may, after consulting the Lord Chief Justice,”.
      (3)
After subsection (2) insert—
20
“(3)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
Judicial Committee Act 1915 (c. 92)
10    (1)
Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee
25
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”.
War Pensions (Administrative Provisions) Act 1919 (c. 53)
30
11    (1)
The Schedule to the War Pensions (Administrative Provisions) Act 1919
(constitution, jurisdiction and procedure of pensions appeal tribunals) is
amended as follows.
      (2)
In paragraph 1 (constitution of tribunals), for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
35
      (3)
In paragraph 8 (procedure), for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”.
      (4)
In paragraph 9 (interpretation), for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”.

Constitutional Reform Bill [HL]
Schedule 1 — Functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
40

Administration of Justice Act 1925 (c. 28)
12    (1)
Section 22 of the Administration of Justice Act 1925 (registration of deeds of
arrangement) is amended as follows.
      (2)
In subsection (4) (fees) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”.
5
      (3)
In subsection (5) for “by the Lord Chancellor with the concurrence of the
President of the Board of Trade” substitute “by the Lord Chief Justice with
the concurrence of the Secretary of State for Constitutional Affairs”.
      (4)
After subsection (5) insert—
“(5A)
The Lord Chief Justice may nominate a judicial office holder (as
10
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under sub-paragraph (5).”
Children and Young Persons Act 1933 (c. 12)
13    (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.
15
      (2)
In subsection (3) for “Lord Chancellor or a person acting on his behalf”
substitute “Lord Chief Justice, after the Lord Chief Justice has consulted the
Secretary of State for Constitutional Affairs,”.
      (3)
In subsections (4) for “Lord Chancellor may” substitute “Lord Chief Justice
may, after consulting the Secretary of State for Constitutional Affairs,”.
20
      (4)
In subsection (5) for “on the Lord Chancellor” substitute “exercisable by the
Lord Chief Justice after consultation with the Secretary of State for
Constitutional Affairs”.
      (5)
After subsection (8) insert—
“(9)
The Lord Chief Justice may nominate a judicial office holder (as
25
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (3) or (4) or his powers under
rules under subsection (4).”
Compensation (Defence) Act 1939 (c. 75)
14
In section 8 of the Compensation (Defence) Act 1939, in subsection (5) for for
30
“Lord Chancellor” in each place substitute “Secretary of State for
Constitutional Affairs”.
London Building Acts (Amendment) Act 1939 (c. xcvii)
15    (1)
Section 109 of the London Building Acts (Amendment) Act 1939
(constitution etc of tribunal appeal) is amended as follows.
35
      (2)
In subsection (1)(i) for “The Lord Chancellor may if he thinks fit” substitute
“The Secretary of State for Constitutional Affairs may, if he thinks fit and the
if the Lord Chief Justice agrees,”.
      (3)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
40

Constitutional Reform Bill [HL]
Schedule 1 — Functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
41

      (4)
After subsection (2) insert—
“(3)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
Pensions Appeal Tribunals Act 1943 (c. 39)
5
16
The Pension Appeal Tribunals Act 1943 is amended as follows.
17    (1)
Section 6 (constitution, jurisdiction and procedure of Pensions Appeal
Tribunals) is amended as follows.
      (2)
In subsection (2) for “by the Lord Chancellor” substitute “by the Lord Chief
Justice, after consulting the Secretary of State for Constitutional Affairs,”.
10
      (3)
After subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (2).”
18    (1)
Section 13 (application to Scotland) is amended as follows.
15
      (2)
In paragraph (a) omit “by the Lord Chancellor”.
      (3)
In paragraph (b) for “the Lord Chancellor” substitute “the Secretary of State
for Constitutional Affairs or the Lord Chief Justice”.
19    (1)
The Schedule (constitution, jurisdiction and procedure of Tribunals) is
amended as follows.
20
      (2)
In paragraph 1 (constitution of Tribunals)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 1;
(b)
in that sub-paragraph—
(i)
for “Lord Chancellor may from time to time determine”
substitute “Secretary of State for Constitutional Affairs may
25
from time to time determine after consulting the Lord Chief
Justice”;
(ii)
for “he may from time to time determine” substitute “the
Secretary of State for Constitutional Affairs may from time to
time determine after consulting the Lord Chief Justice”;
30
(c)
after that sub-paragraph insert—
“(2)
The Lord Chief Justice may nominate a judicial office holder
(as defined in section 84(4) of the Constitutional Reform Act
2004) to exercise his functions under this paragraph.”
      (3)
In paragraph 2 (membership)—
35
(a)
in sub-paragraph (3) for “Lord Chancellor may, if he thinks fit,”
substitute “Secretary of State for Constitutional Affairs may, if he
thinks fit and if the Lord Chief Justice agrees,”;
(b)
after sub-paragraph (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder
40
(as defined in section 84(4) of the Constitutional Reform Act
2004) to exercise his functions under this paragraph.”
      (4)
In paragraph 3C (power to give directions), in sub-paragraph (2)(a) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs”.
      (5)
In paragraph 5 (rules)—
45

Constitutional Reform Bill [HL]
Schedule 1 — Functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
42

(a)
in sub-paragraph (1) for “Lord Chancellor” in each place substitute
“Secretary of State for Constitutional Affairs”;
(b)
in sub-paragraph (4)(b) for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”.
Agriculture Act 1947 (c. 48)
5
20
The Agriculture Act 1947 is amended, or has effect, as follows.
21    (1)
Section 73 (establishment, constitution and procedure of Agricultural Land
Tribunals) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor shall” substitute “Secretary of State for
Constitutional Affairs shall, after consulting the Chairman of the
10
Agricultural Land Tribunals,”.
      (3)
In subsection (3) (procedure) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”.
22    (1)
The functions of the Minister under section 75 (provisions as to land lying
partly in one area and partly in another) are exercisable by the Secretary of
15
State for Constitutional Affairs after consultation with the Lord Chief
Justice.
      (2)
The Lord Chief Justice may nominate a judicial office holder (as defined in
section 84(4) of the Constitutional Reform Act 2004) to exercise his functions
under sub-paragraph (1).
20
      (3)
Sub-paragraph (1) does not apply as respects a reference to an Agricultural
Land Tribunal under section 85 or 86 of the Agriculture Act 1947.
23
In section 108 (regulations and orders), in subsection (1) omit “by the
Minister” in the second place.
24    (1)
Schedule 9 (constitution of Agricultural Land Tribunals) is amended as
25
follows.
      (2)
In paragraph 13 (chairman of each Tribunal)—
(a)
in sub-paragraph (3) (resignation) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”;
(b)
in sub-paragraph (4)—
30
(i)
for “Lord Chancellor is” substitute “Secretary of State for
Constitutional Affairs and Lord Chief Justice are both”;
(ii)
for “Lord Chancellor may” in the second place substitute
“Secretary of State for Constitutional Affairs may, with the
concurrence of the Lord Chief Justice,”;
35
(c)
after sub-paragraph (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder
(as defined in section 84(4) of the Constitutional Reform Act
2004) to exercise his functions under this section.”
      (3)
In paragraph 16A (discharge of chairman’s duties)—
40
(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 Secretary of State for Constitutional
Affairs”;

Constitutional Reform Bill [HL]
Schedule 1 — Functions of the Lord Chancellor and organisation of the courts
Part 1 — Amendments
43

(c)
after that sub-paragraph insert—
“(2)
The Lord Chief Justice may nominate a judicial office holder
(as defined in section 84(4) of the Constitutional Reform Act
2004) to exercise his functions under sub-paragraph (1).”
Commonwealth Telegraphs Act 1949 (c. 39)
5
25
In section 6 of the Commonwealth Telegraphs Act 1949 (pensions), in
paragraph (a) of the second paragraph of subsection (4) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Lands Tribunal Act 1949 (c. 42)
26
The Lands Tribunal Act 1949 is amended as follows.
10
27    (1)
Section 2 (members, officers and expenses of Lands Tribunal) is amended as
follows.
      (2)
In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice
may, after consulting the Secretary of State for Constitutional Affairs,”.
      (3)
In subsection (4) for “in the opinion of the Lord Chancellor” substitute “in
15
the opinion of the Secretary of State for Constitutional Affairs and the Lord
Chief Justice”.
      (4)
In subsections (5) and (6) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”.
      (5)
In subsection (9)(a) for “the Lord Chancellor” substitute “the Secretary of
20
State for Constitutional Affairs and the Lord Chief Justice”.
      (6)
After subsection (10) insert—
“(11)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
25
28
In section 3 (procedure, appeals, costs and fees), in subsection (11)(b) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Registered Designs Act 1949 (c. 88)
29
The Registered Designs Act 1949 is amended as follows.
30    (1)
Section 27 (meaning of the court) is amended as follows.
30
      (2)
In subsection (2) for “Lord Chancellor may select” substitute “Lord Chief
Justice may, after consulting the Secretary of State for Constitutional Affairs,
select”.
      (3)
After subsection (2) insert—
“(3)
The Lord Chief Justice may nominate a judicial office holder (as
35
defined in section 84(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (2).”
31    (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 after consulting the Secretary of State for Constitutional
40
Affairs”.