Constitutional Reform Bill [HL]

House of Lords

Session 2002 - 03
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
105

(a)
the Lord Chief Justice;
(b)
the Lord Chief Justice of Northern Ireland.”
Copyright, Designs and Patents Act 1988 (c. 48)
246
The Copyright, Designs and Patents Act 1988 is amended as follows.
247   (1)
Section 146 (membership of the Copyright Tribunal) is amended as follows.
5
      (2)
In subsection (2) omit the words from “or” in the first place to the end.
      (3)
In subsection (3)—
(a)
omit “or, in the case of the chairman or a deputy chairman, the Lord
Chancellor”;
(b)
omit “or, as the case may be, the Lord Chancellor”.
10
      (4)
In subsection (4) for “a person may be appointed to discharge his duties”
substitute “the Secretary of State may appoint a person to discharge the
member’s”.
      (5)
After subsection (4) insert—
“(4A)
A person appointed under subsection (4) to discharge the duties of
15
the chairman or a deputy chairman must be a person who would be
eligible for appointment to that office.”
      (6)
In subsection (5) for the words from the beginning to “person so appointed”
substitute “A person appointed under subsection (4)”.
      (7)
After subsection (5) insert—
20
“(5A)
In the application of subsections (2) and (3) in relation to the
chairman or a deputy chairman, references to the Secretary of State
are references to the Secretary of State for Constitutional Affairs.”
      (8)
In subsection (6)—
(a)
for “Lord Chancellor” substitute “Secretary of State for
25
Constitutional Affairs”;
(b)
for “his powers under this section” substitute “any powers under
this section in relation to the chairman or a deputy chairman”.
      (9)
After subsection (6) insert—
“(7)
The Secretary of State for Constitutional Affairs may exercise his
30
powers under subsection (3) in relation to the chairman or a deputy
chairman only with the concurrence of all of the following—
(a)
the Lord Chief Justice;
(b)
the Lord President of the Court of Session;
(c)
the Lord Chief Justice of Northern Ireland.”
35
248
In section 150 (general power to make rules), in subsection (1) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
249   (1)
Section 287 (patents county courts: special jurisdiction) is amended as
follows.
      (2)
In subsection (1) for “Lord Chancellor” may substitute “Secretary of State for
40
Constitutional Affairs may, with the concurrence of the Lord Chief Justice,”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
106

      (3)
After subsection (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
250   (1)
Section 291 (proceedings in patents county court) is amended as follows.
5
      (2)
In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice
shall, after consulting the Secretary of State for Constitutional Affairs,”.
      (3)
In subsection (5) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (4)
After subsection (5) insert—
10
“(6)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (1).”
251   (1)
Section 292 (rights and duties of registered patent agents in relation to
proceedings in patents courts) is amended as follows.
15
      (2)
In subsection (2) for “Lord Chancellor” in each place substitute “Secretary of
State for Constitutional Affairs”.
      (3)
After subsection (2) insert—
“(2A)
The Secretary of State for Constitutional Affairs may make
regulations under subsection (2) only with the concurrence of the
20
Lord Chief Justice.”
      (4)
After subsection (6) insert—
“(7)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
25
Children Act 1989 (c. 41)
252
The Children Act 1989 is amended as follows.
253
In section 7 (welfare reports)—
(a)
in subsection (2) for “Lord Chancellor may” substitute “Secretary of
State for Constitutional Affairs may, after consulting the Lord Chief
30
Justice,”;
(b)
after subsection (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder
(as defined in section 88(4) of the Constitutional Reform Act
2004) to exercise his functions under subsection (2).”
35
254   (1)
Section 92 (jurisdiction of the courts) is amended as follows.
      (2)
In subsection (6) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
In subsection (9) for “Lord Chancellor may” substitute “Secretary of State for
Constitutional Affairs may, after consulting the Lord Chief Justice,”.
40
      (4)
In subsection (10) for “Lord Chancellor thinks expedient” substitute
“Secretary of State for Constitutional Affairs thinks expedient, after
consulting the Lord Chief Justice,”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
107

      (5)
After subsection (10) insert—
“(10A)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (9) or (10).”
255
In section 94 (appeals)—
5
(a)
in subsection (10) for “Lord Chancellor may” substitute “Secretary of
State for Constitutional Affairs may, after consulting the Lord Chief
Justice,”;
(b)
after subsection (11) insert—
“(12)
The Lord Chief Justice may nominate a judicial office holder
10
(as defined in section 88(4) of the Constitutional Reform Act
2004) to exercise his functions under subsection (10).”
256   (1)
Section 96 (evidence given by, or with respect to, children) is amended as
follows.
      (2)
In subsection (3) for “Lord Chancellor may” substitute “Secretary of State for
15
Constitutional Affairs may, with the concurrence of the Lord Chief Justice,”.
      (3)
In subsection (5)(c) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
257   (1)
In section 97 (privacy for children involved in certain proceedings).
      (2)
In subsection (4) for “Lord Chancellor may” substitute “Secretary of State for
20
Constitutional Affairs may, with the concurrence of the Lord Chief Justice,”.
      (3)
After subsection (8) insert—
“(9)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (4).”
25
258
In section 104 (regulations and orders), in subsection (1) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
259
In Schedule 1 (financial provision for children), in paragraph 5(2) (maximum
lump sum payable for maintenance of child by order of magistrates court)
for “Lord Chancellor may” substitute “Secretary of State for Constitutional
30
Affairs may, after consulting the Lord Chief Justice,”.
260   (1)
Schedule 11 (jurisdiction) is amended as follows.
      (2)
In paragraph 1 (commencement of proceedings) for “Lord Chancellor may”
in each place substitute “Secretary of State for Constitutional Affairs may,
after consulting the Lord Chief Justice,”.
35
      (3)
In paragraph 2 (transfer of proceedings)—
(a)
in sub-paragraph (1) for “Lord Chancellor may” substitute
“Secretary of State for Constitutional Affairs may, after consulting
the Lord Chief Justice,”;
(b)
in sub-paragraph (5) for “Lord Chancellor thinks appropriate”
40
substitute “Secretary of State for Constitutional Affairs thinks
appropriate, after consulting the Lord Chief Justice,”.
      (4)
In paragraph 3 (hearings by a single justice), in sub-paragraph (1) for “Lord
Chancellor may” substitute “Secretary of State for Constitutional Affairs
may, after consulting the Lord Chief Justice,”.
45
      (5)
In paragraph 4 (general)—

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
108

(a)
in sub-paragraph (5)(a) for “Lord Chancellor considers expedient”
substitute “Secretary of State for Constitutional Affairs considers
expedient, after consulting the Lord Chief Justice,”;
(b)
after sub-paragraph (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder
5
(as defined in section 88(4) of the Constitutional Reform Act
2004) to exercise his functions under this Part of this
Schedule.”
261
In Schedule 14 (transitionals and savings), in paragraph 1(5) (pending
proceedings) for “Lord Chancellor” substitute “Secretary of State for
10
Constitutional Affairs”.
Town and Country Planning Act 1990 (c. 8)
262
The Town and Country Planning Act 1990 is amended as follows.
263
In section 20 (local inquiry, public examination and consultation by
Secretary of State), in subsection (5) for “Lord Chancellor” substitute
15
“Secretary of State for Constitutional Affairs”.
264
In section 35B (examination in public), in subsection (6) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Courts and Legal Services Act 1990 (c. 41)
265
The Courts and Legal Services Act 1990 is amended as follows.
20
266   (1)
Section 1 (allocation of business between High Court and county courts) is
amended as follows.
      (2)
For “Lord Chancellor” in each place substitute “Secretary of State for
Constitutional Affairs”.
      (3)
After subsection (1) insert—
25
“(1A)
An order under subsection (1)(a) or (b) may be made only with the
concurrence of the Lord Chief Justice.”
      (4)
In subsection (9) for “the President of the Family Division, the Vice-
Chancellor” substitute “the President of the Queen’s Bench Division, the
President of the Family Division, the Chancellor of the High Court”.
30
267   (1)
Section 9 (allocation of family proceedings which are within the jurisdiction
of the county courts) is amended as follows.
      (2)
In subsection (1) for the words from the beginning to “Family Division,”
substitute “The President of the Family Division may, after consulting the
Secretary of State for Constitutional Affairs,”.
35
268
In section 72 (presiding judges), for “Lord Chancellor” in each place
substitute “Secretary of State for Constitutional Affairs”.
269   (1)
Section 73 (delegation of certain administrative functions of Master of the
Rolls) is amended as follows.
      (2)
In subsection (3)—
40
(a)
for “Lord Chancellor may” substitute “Lord Chief Justice may, with
the concurrence of the Secretary of State for Constitutional Affairs,”;

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
109

(b)
for “Lord Chancellor considers” substitute “Lord Chief Justice and
Secretary of State for Constitutional Affairs consider”.
      (3)
After subsection (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
5
exercise his functions under subsection (3).”
270
In section 119 (interpretation), in subsection (1) in the definition of
“designated judge” for “the President of the Family Division or the Vice-
Chancellor” substitute “the President of the Queen’s Bench Division, the
President of the Family Division or the Chancellor of the High Court”.
10
Armed Forces Act 1991 (c. 62)
271   (1)
Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for
miscarriages of justice) is amended as follows.
      (2)
In paragraph 6 (power of removal)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 6;
15
(b)
in that sub-paragraph, in paragraphs (a) and (c) for “Lord Chancellor
substitute “Secretary of State for Constitutional Affairs”;
(c)
after that sub-paragraph insert—
“(2)
The Secretary of State for Constitutional Affairs may give
consent under sub-paragraph (1)(a) or (1)(c) only with the
20
concurrence of all of the following—
(a)
the Lord Chief Justice;
(b)
the Lord Chief Justice of Northern Ireland.”
Child Support Act 1991 (c. 48)
272
The Child Support Act 1991 is amended as follows.
25
273   (1)
Section 8 (role of the courts with respect to maintenance of children) is
amended as follows.
      (2)
In subsection (5) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
After subsection (5) insert—
30
“(5A)
The Secretary of State for Constitutional Affairs may make an order
under subsection (5) only with the concurrence of the Lord Chief
Justice.”
      (4)
After subsection (11) insert—
“(12)
The Lord Chief Justice may nominate a judicial office holder (as
35
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
274
In section 22 (Child Support Commissioners), in subsection (3) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
275
In section 24 (Appeal to Child Support Commissioner) in subsections (6)(a),
40
(7) and (9) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
110

276
In section 25 (appeal from Child Support Commissioner on question of law)
in subsections (2)(a), (3)(c), (5) and (6) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
277   (1)
Section 45 (jurisdiction of courts in certain proceedings under the Act) is
amended as follows.
5
      (2)
In subsections (1) and (6) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”.
      (3)
After subsection (7) insert—
“(8)
The functions conferred on the Secretary of State for Constitutional
Affairs by this section may be exercised only after consultation with
10
the Lord Chief Justice.
(9)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 92(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
278
In section 52 (regulations and orders), in subsection (1) omit “the Lord
15
Chancellor,”.
279   (1)
Schedule 4 (Child Support Commissioners) is amended as follows.
      (2)
In paragraph 1 (tenure of office)—
(a)
in sub-paragraph (3) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
20
(b)
after sub-paragraph (3) insert—
“(3A)
The Secretary of State for Constitutional Affairs may
remove a Child Support Commissioner under sub-
paragraph (3) only with the concurrence of—
(a)
the Lord Chief Justice of England and Wales,
25
and
(b)
the Lord President of the Court of Session.”
      (3)
In paragraph 2 (remuneration and pensions), in sub-paragraphs (1) and (2)
for “Lord Chancellor” substitute “Secretary of State for Constitutional
Affairs”.
30
      (4)
In paragraph 2A (expenses of other persons), in sub-paragraph (1) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
      (5)
In paragraph 4A (determination of questions by other officers), in sub-
paragraph (1) for “Lord Chancellor” in each place substitute “Secretary of
State for Constitutional Affairs”.
35
      (6)
In paragraph 7 (consultation with the Secretary of State) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Land Drainage Act 1991 (c. 59)
280   (1)
Section 31 of the Land Drainage Act 1991 (composition and incidental
powers of the Agricultural Land Tribunal) is amended as follows.
40
      (2)
In subsection (1) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
111

      (3)
After subsection (1) insert—
“(1A)
Before drawing up, or revising, a panel under subsection (1), the
Secretary of State for Constitutional Affairs must consult the Lord
Chief Justice.”
      (4)
After subsection (5) insert—
5
“(6)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No.1)
281
In the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, in
10
section 25 (Rule Committee) in subsection (2)(a) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
Finance (No. 2) Act 1992 (c. 48)
282
In section 75 of the Finance (No. 2) Act 1992 (change of name of General or
Special Commissioners), for “Lord Chancellor” in each place substitute
15
“Secretary of State for Constitutional Affairs”.
Tribunals and Inquiries Act 1992 (c. 53)
283
The Tribunal and Inquiries Act 1992 is amended as follows.
284   (1)
Section 6 (appointment of chairmen of certain tribunals) is amended as
follows.
20
      (2)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
In subsection (8) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (4)
In subsection (9) for “Lord Chancellor” substitute “Secretary of State for
25
Constitutional Affairs”.
285
In section 7 (concurrence required for removal of members of certain
tribunals), in subsection (1)—
(a)
omit “, other than the Lord Chancellor,”;
(b)
in paragraph (a) for “Lord Chancellor,” substitute “Secretary of State
30
for Constitutional Affairs (unless he is the Minister terminating the
person’s membership), the Lord Chief Justice,”;
(c)
in paragraphs (b) and (c) for “Lord Chancellor and” substitute
“Secretary of State for Constitutional Affairs (unless he is the
Minister terminating the person’s membership), the Lord Chief
35
Justice and”;
(d)
in paragraph (d) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs (unless he is the Minister terminating the
person’s membership) and the Lord Chief Justice”.
286
In section 9 (procedure in connection with statutory inquiries), for “Lord
40
Chancellor” in each place substitute “Secretary of State for Constitutional
Affairs”.