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
119

330   (1)
Section 334 (Special Educational Needs Tribunal: President and members) is
amended as follows.
      (2)
In subsection (3)—
(a)
for “Lord Chancellor” in the first place substitute “Secretary of State
for Constitutional Affairs and of the Lord Chief Justice”;
5
(b)
for “Lord Chancellor may” substitute “Secretary of State for
Constitutional Affairs may, with the concurrence of the Lord Chief
Justice,”.
      (3)
In subsection (5)(a) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
10
      (4)
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.”
Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)
15
331   (1)
The Schedule (model rules for appeals) to the Deregulation (Model Appeal
Provisions) Order 1996 is amended as follows.
      (2)
In paragraph 6(3)(b) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
After paragraph 6(3) insert—
20
“(3A)
The Secretary of State for Constitutional Affairs may exercise his
power under sub-paragraph (3) to remove a person appointed to
the panel of chairmen for England and Wales only with the
concurrence of the Lord Chief Justice.”
Civil Procedure Act 1997 (c. 12)
25
332
The Civil Procedure Act 1997 is amended as follows.
333   (1)
Section 2 (Civil Procedure Rule Committee) (as amended by section 83 of the
Courts Act 2003 (c. 39)) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
Civil Procedure Rules are to be made by a committee known as the
30
Civil Procedure Rule Committee, which is to consist of the following
persons—
(a)
the Head of Civil Justice;
(b)
the Deputy Head of Civil Justice (if there is one);
(c)
the persons currently appointed in accordance with
35
subsections (1A) and (1B).
(1A)
The Lord Chief Justice must appoint the persons falling within
paragraphs (a) to (d) of subsection (2).
(1B)
The Secretary of State must appoint the persons falling within
paragraphs (e) to (g) of subsection (2).”
40
      (3)
In subsection (2) for “The Lord Chancellor must appoint” substitute “The
persons to be appointed in accordance with subsections (1A) and (1B) are”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
120

      (4)
For subsection (3) substitute—
“(3)
Before appointing a person in accordance with subsection (1A), the
Lord Chief Justice must consult the Secretary of State.”
      (5)
In subsection (4) for “under paragraph (e) or (f) of subsection (2), the Lord
Chancellor must consult” substitute “in accordance with subsection (1B), the
5
Secretary of State must consult the Lord Chief Justice and, if the person falls
within paragraph (e) or (f) of subsection (2), must also consult”.
      (6)
In subsection (5) for “Lord Chancellor” substitute “Secretary of State”.
      (7)
After subsection (5) insert—
“(5A)
In this section “Secretary of State” means the Secretary of State for
10
Constitutional Affairs.”
      (8)
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 this section.”
15
334   (1)
Section 2A (power to change certain requirements relating to Committee) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “Lord Chancellor” in the first place substitute “Secretary of State”;
(b)
for paragraph (a) substitute—
20
“(a)
amend section 2(2) or (4A), and”.
      (3)
For subsection (2) substitute—
“(2)
The Secretary of State may make an order under this section only
with the concurrence of the Lord Chief Justice.
(2A)
Before making an order under this section the Secretary of State must
25
consult the following persons—
(a)
the Head of Civil Justice;
(b)
the Deputy Head of Civil Justice (if there is one).”
      (4)
After subsection (2) insert—
“(2A)
In this section “Secretary of State” means the Secretary of State for
30
Constitutional Affairs.”
335   (1)
Section 3 (process for making Civil Procedure rules) (as amended by section
85 of the Courts Act 2003 (c. 39)) is amended as follows.
      (2)
In subsection (2)(b) for “Lord Chancellor” substitute “Secretary of State”.
      (3)
For subsections (3) and (4) substitute—
35
“(3)
The Secretary of State may allow or disallow Rules so made.
(4)
If the Secretary of State disallows Rules, he must give the Committee
written reasons for doing so.”
      (4)
In subsection (5)—
(a)
for “, as allowed by the Lord Chancellor” substitute “and allowed by
40
the Secretary of State”;
(b)
in paragraph (a) for “Lord Chancellor” substitute “Secretary of
State”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
121

      (5)
In subsection (6) omit “Subject to subsection (7),”.
      (6)
After subsection (6) insert—
“(6A)
In this section “Secretary of State” means the Secretary of State for
Constitutional Affairs.”
      (7)
Omit subsection (7).
5
336
After section 3 insert—
“3A  Rules to be made if required by Secretary of State
(1)
This section applies if the Secretary of State for Constitutional Affairs
gives the Civil Procedure Rules Committee written notice that he
thinks it is expedient for Civil Procedure Rules to include provision
10
that would achieve a purpose specified in the notice.
(2)
The Committee must make such Rules as it considers necessary to
achieve the specified purpose.
(3)
Those rules must be—
(a)
made within a reasonable period after the Secretary of State
15
gives notice to the Committee;
(b)
made in accordance with section 3.”
337   (1)
Section 4 (power to make consequential amendments) (as amended by
section 85 of the Courts Act 2003 (c. 39)) is amended as follows.
      (2)
In subsections (1) and (2) for “Lord Chancellor may” substitute “Secretary of
20
State for Constitutional Affairs may, after consulting the Lord Chief
Justice,”.
      (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
25
exercise his functions under subsection (1) or (2).”
338   (1)
Section 6 (Civil Justice Council) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
After subsection (2) insert—
30
“(2A)
The Secretary of State for Constitutional Affairs must decide the
following questions—
(a)
how many members of the Council are to be drawn from each
of the groups mentioned in subsection (2);
(b)
how many other members the Council is to have.
35
(2B)
It is for—
(a)
the Lord Chief Justice to appoint members of the judiciary to
the Council;
(b)
the Secretary of State for Constitutional Affairs to appoint
other persons to the Council.”
40
      (4)
In subsections (3) and (4) for “Lord Chancellor” in each place 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
122

      (5)
After subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 92 of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
Finance (No. 2) Act 1997 (c. 58)
5
339   (1)
Schedule 2 to the Finance (No. 2) Act 1997 (administration and collection of
windfall tax) is amended as follows.
      (2)
In paragraph 11 (procedures on appeal) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
Plant Varieties Act 1997 (c. 66)
10
340   (1)
Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds
Tribunal) is amended as follows.
      (2)
In paragraph 5 (duration of appointment), after sub-paragraph (5) insert—
“(5A)
Where the appointing authority is the Secretary of
State for Constitutional Affairs, the power conferred
15
by sub-paragraph (5) may be exercised only with the
concurrence of the Lord Chief Justice.”
      (3)
In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets
substitute “(which makes it necessary to obtain the concurrence of the
Secretary of State for Constitutional Affairs and certain judicial office
20
holders to dismissals in certain cases)”.
      (4)
In paragraph 13 (rules), in sub-paragraph (1) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
Special Immigration Appeals Commission Act 1997 (c. 68)
341
The Special Immigration Appeals Commission Act 1997 is amended as
25
follows.
342
In section 5 (procedure), for “Lord Chancellor” in each place substitute
“Secretary of State for Constitutional Affairs”.
343
In section 8 (procedure on applications to the Commission for leave to
appeal), in subsection (1) for “Lord Chancellor” substitute “Secretary of State
30
for Constitutional Affairs”.
344   (1)
Schedule 1 (the Commission) is amended as follows.
      (2)
In paragraph 1 (members), in sub-paragraph (3) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
      (3)
In paragraph 3 (payments to members), for “Lord Chancellor” in each place
35
substitute “Secretary of State for Constitutional Affairs”.
      (4)
In paragraph 4 (sittings) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”.
Social Security Act 1998 (c. 14)
345
The Social Security Act 1998 is amended as follows.
40

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
123

346
In section 6 (panel for appointment to appeal tribunals), in subsection (5) for
“A person may be removed from the panel by the Lord Chancellor”
substitute “The Secretary of State for Constitutional Affairs may, with the
concurrence of the Lord Chief Justice and the Lord President of the Court of
Session, remove a person from the panel”.
5
347
In section 79 (regulations and orders) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
348
In section 80 (Parliamentary control of regulations), in subsection (3)(a) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs
under a power conferred on him”.
10
349   (1)
Schedule 1 (Appeal Tribunals: supplementary provisions) is amended as
follows.
      (2)
In paragraph 1 (tenure of office)—
(a)
in sub-paragraph (3) for “by the Lord Chancellor” substitute “by the
Secretary of State for Constitutional Affairs, with the concurrence of
15
the Lord Chief Justice,”;
(b)
in sub-paragraph (4) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
(c)
after sub-paragraph (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder
20
(as defined in section 88(4) of the Constitutional Reform Act
2004) to exercise his functions under this section.”
350   (1)
Schedule 4 (Social Security Commissioners) is amended as follows.
      (2)
In paragraph 2 (remuneration) for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”.
25
      (3)
In paragraph 3 (travelling allowances etc), in sub-paragraph (1) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
      (4)
In paragraph 5 (removal)—
(a)
in sub-paragraph (1) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
30
(b)
after sub-paragraph (1) insert—
“(1A)
The Secretary of State for Constitutional Affairs may remove
a person under sub-paragraph (1) only with the concurrence
of all of the following—
(a)
the Lord Chief Justice;
35
(b)
the Lord President of the Court of Session.”
      (5)
In paragraph 6 (delegation of functions) for “Lord Chancellor” in each place
substitute “Secretary of State for Constitutional Affairs”.
      (6)
In paragraph 8 (consultation with Secretary of State) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
40
Data Protection Act 1998 (c. 29)
351   (1)
Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as
amended by paragraph 2 of Schedule 4 to the Freedom of Information Act
2000 (c. 36)) is amended as follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
124

      (2)
In paragraph 2 (designation of persons to hear appeals in national security
cases)—
(a)
for “Lord Chancellor” in each place substitute “Secretary of State for
Constitutional Affairs”;
(b)
after sub-paragraph (2) insert—
5
“(3)
The Secretary of State for Constitutional Affairs may make, or
revoke, a designation under this paragraph only with the
concurrence of all of the following—
(a)
the Lord Chief Justice;
(b)
the Lord President of the Court of Session;
10
(c)
the Lord Chief Justice of Northern Ireland.”
      (3)
In paragraph 3 (constitution of Tribunal in national security cases) (as
substituted by paragraph 2 of Schedule 4 to the Freedom of Information Act
2000 (c. 36))—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 3;
15
(b)
in that sub-paragraph 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
designate a person to preside under this paragraph only with
20
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.”
Crime and Disorder Act 1998 (c. 37)
25
352
The Crime and Disorder Act 1998 is amended as follows.
353   (1)
Section 10 (appeals against parenting orders) is amended as follows.
      (2)
In subsection (6) for “Lord Chancellor may” substitute “Secretary of State for
Constitutional Affairs may, with the concurrence of the Lord Chief Justice,”.
      (3)
After subsection (7) insert—
30
“(8)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 92 of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
354
In section 49 (powers of magistrates’ courts exercisable by single justice etc),
in subsection (4) for “Lord Chancellor” substitute “Lord Chief Justice”.
35
355
In section 51 (No committal proceedings for indictable-only offences), in
subsection (10)(c) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
356
In section 51D (notice of offence and place of trial), in subsection (4)(c) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs”.
40
357   (1)
Section 81 (the Sentencing Advisory Panel) is amended as follows.
      (2)
In subsections (4) and (5) 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
125

Human Rights Act 1998 (c. 42)
358
The Human Rights Act 1998 is amended as follows.
359   (1)
Section 18 (appointment to ECHR) is amended as follows.
      (2)
In subsection (7)—
(a)
for “Lord Chancellor” substitute “Secretary of State for
5
Constitutional Affairs”;
(b)
after “considers appropriate” insert “(in the case of the Secretary of
State for Constitutional Affairs, after consulting the Lord Chief
Justice)”.
      (3)
After subsection (7) insert—
10
“(7A)
Before making an order under subsection (7) the Secretary of State
for Constitutional Affairs must consult the Lord Chief Justice.
(7B)
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.”
15
360
In Schedule 4 (pensions of ECHR judges), in paragraph (b) of the definition
of “appropriate Minister” in paragraph 4 for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
361   (1)
Section 13 of the Social Security (Transfer of Functions, etc) Act 1999
20
(regulations with respect to appeals) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
Protection of Children Act 1999 (c. 14)
362   (1)
The Schedule to the Protection of Children Act 1999 (Tribunal to hear
25
appeals against inclusion on list of those unsuitable to work with children)
is amended as follows.
      (2)
In paragraph 3 (tenure of office) in sub-paragraph (2)(a) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Finance Act 1999 (c. 16)
30
363   (1)
Schedule 17 to the Finance Act 1999 (stamp duty: penalties other than on late
stamping is amended as follows).
      (2)
In paragraph 11 (appeals), in sub-paragraph (5) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
Access to Justice Act 1999 (c. 22)
35
364
The Access to Justice Act 1999 is amended as follows.
365   (1)
Section 56 (power to prescribe alternative destination of appeals) is
amended as follows.
      (2)
For “Lord Chancellor” in each place substitute “Secretary of State for
Constitutional Affairs”.
40