Constitutional Reform Bill [HL]

House of Lords

Session 2002 - 03
Internet Publications
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
126

      (3)
In subsection (4) for paragraphs (c) and (d) substitute—
“(c)
the President of the Queen’s Bench Division,
(d)
the President of the Family Division, and
(e)
the Chancellor of the High Court.”
      (4)
After subsection (7) insert—
5
“(8)
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.”
366   (1)
Section 68 (judges holding office in European or international courts) is
amended as follows.
10
      (2)
In the definition of “relevant international court” in subsection (2), for
paragraph (b) substitute—
“(b)
any international court (apart from the European Court of
Human Rights) which—
(i)
is designated in relation to the holder of any United
15
Kingdom judicial office specified in paragraph (a) or
(c) of the definition in subsection (2) by the Secretary
of State for Constitutional Affairs, or
(ii)
is designated in relation to the holder of any United
Kingdom judicial office specified in paragraph (b) of
20
the definition in subsection (2) by the Secretary of
State.”
      (3)
In subsection (6)(a) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (4)
After subsection (7) insert—
25
“(8)
The Secretary of State for Constitutional Affairs may exercise
functions conferred on him by this section only after consulting the
Lord Chief Justice.
(9)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
30
exercise his functions under subsection (8).”
367   (1)
Section 69 (Vice-President of Queen’s Bench division) is amended as
follows.
      (2)
In subsection (1) for “Lord Chancellor may” substitute “Lord Chief Justice
may, after consulting the Secretary of State for Constitutional Affairs,”.
35
      (3)
After subsection (1) insert—
“(1A)
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).”
368
In section 76 (areas: consequential provision) in subsection (1) for “Lord
40
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
369   (1)
Schedule 14 (transitional provisions and savings) is amended as follows.
      (2)
In paragraph 33 (schemes for transfer of property to Greater London
Magistrates’ Courts Authority) for “Lord Chancellor” in each place
substitute “Secretary of State for Constitutional Affairs”.
45

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
127

      (3)
In paragraph 35 (continuing provision of courthouses and accommodation
etc) for “Lord Chancellor” in each place substitute “Secretary of State for
Constitutional Affairs”.”
Welfare Reform and Pensions Act 1999 (c. 30)
370
In section 43 of the Welfare Reform and Pensions Act 1999 (power to extend
5
judicial pension schemes), in subsection (3)(b) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
Immigration and Asylum Act 1999 (c. 33)
371
The Immigration and Asylum Act 1999 (Immigration Services Tribunal) is
amended as follows.
10
372   (1)
Section 53 (applications for bail in immigration cases) is amended as follows.
      (2)
In subsection (6) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
After subsection (6) insert—
“(6A)
Before giving his approval under subsection (6) the Secretary of State
15
for Constitutional Affairs must consult the Lord Chief Justice.”
      (4)
For subsection (7) substitute—
“(7)
Subsection (6A) does not apply insofar as regulations under this
section relate to the sheriff or the Court of Session; but in such a case
the Secretary of State for Constitutional Affairs must obtain the
20
consent of the Scottish Ministers before giving his approval under
subsection (6).”
      (5)
After subsection (7) insert—
“(8)
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 this section.”
373   (1)
Schedule 7 is amended as follows.
      (2)
In paragraph 3 (terms and conditions of appointment of members)—
(a)
in sub-paragraph (3) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
30
(b)
in sub-paragraph (4) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
(c)
after sub-paragraph (4) insert—
“(5)
The Secretary of State for Constitutional Affairs may dismiss
a person under sub-paragraph (4) only with the concurrence
35
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.”
      (3)
In paragraph 4 (remuneration and expenses) for “Lord Chancellor”
40
substitute “Secretary of State for Constitutional Affairs”.
      (4)
In paragraph 5 (proceedings) 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
128

      (5)
In paragraph 7 (rules of procedure), in sub-paragraphs (1) and (2) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Financial Services and Markets Act 2000 (c. 8)
374
The Financial Services and Markets Act 2000 is amended as follows.
375
In section 132 (Financial Services and Markets Tribunal)—
5
(a)
in subsection (3) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”;
(b)
in subsection (4) for “Lord Chancellor’s powers” substitute “powers
of the Secretary of State for Constitutional Affairs”.
376
In section 428 (regulations and orders), in subsection (2) for “Lord
10
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
377   (1)
Schedule 13 (Financial Services and Markets Tribunal) is amended as
follows.
      (2)
In paragraph 1 (interpretation), in the definition of “rules”, for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
15
      (3)
In paragraph 2 (president of the tribunal)—
(a)
in sub-paragraph (7)(b) for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”;
(b)
after sub-paragraph (7) insert—
“(8)
The Secretary of State for Constitutional Affairs may appoint
20
a person under sub-paragraph (7)(b) 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.”
25
      (4)
In paragraph 4 (terms of office)—
(a)
in sub-paragraph (2) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
(b)
after sub-paragraph (2) insert—
“(2A)
The Secretary of State for Constitutional Affairs may remove
30
a person under sub-paragraph (2) 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
(c)
in sub-paragraph (3)(a) for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”.
      (5)
In paragraph 5 (remuneration and expenses), for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
      (6)
In paragraph 6 (staff), in sub-paragraph (3) for “Lord Chancellor” in each
40
place substitute “Secretary of State for Constitutional Affairs”.
      (7)
In paragraph 8 (sittings) for “Lord Chancellor may direct” substitute
“Secretary of State for Constitutional Affairs may, after consulting the
President of the Financial Services and Markets Tribunal, direct”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
129

      (8)
In paragraph 9 (rules) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”.
Terrorism Act 2000 (c. 11)
378
The Terrorism Act 2000 is amended as follows.
379   (1)
Schedule 3 (Proscribed Organisations Appeal Commission) is amended as
5
follows.
      (2)
In paragraph 1 (membership), in sub-paragraph (4) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
      (3)
In paragraph 3 (remuneration), for “Lord Chancellor” in each place
substitute “Secretary of State for Constitutional Affairs”.
10
      (4)
In paragraph 4 (sittings)—
(a)
in sub-paragraph (1) for “Lord Chancellor may direct” substitute
“Secretary of State for Constitutional Affairs may, after consulting
the Lord Chief Justice, direct”;
(b)
after sub-paragraph (3) insert—
15
“(4)
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.”
      (5)
In paragraph 5 (rules), for “Lord Chancellor” in each place substitute
“Secretary of State for Constitutional Affairs”.
20
380   (1)
Schedule 8 (detention) is amended as follows.
      (2)
In paragraph 29 (warrants of further detention)—
(a)
in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “by
the Lord Chief Justice after consulting the Secretary of State for
Constitutional Affairs”;
25
(b)
after sub-paragraph (4) insert—
“(5)
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 sub-paragraph (4)(a).”
Child Support, Pensions and Social Security Act 2000 (c. 19)
30
381   (1)
Schedule 7 to the Child Support, Pensions and Social Security Act 2000
(housing benefit and council tax benefit: revisions and appeals) is amended
as follows.
      (2)
In paragraph 20 (regulations), in sub-paragraph (1) for “Lord Chancellor” in
each place substitute “Secretary of State for Constitutional Affairs”.
35
Local Government Act 2000 (c. 22)
382   (1)
Section 76 of the Local Government Act 2000 (case tribunals and interim case
tribunals) is amended as follows.
      (2)
In subsection (9) for “Lord Chancellor” substitute “Lord Chief Justice”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
130

      (3)
After subsection (9) insert—
“(9A)
The Lord Chief Justice must consult the Secretary of State for
Constitutional Affairs before specifying a member of the Panel in
accordance with subsection (9).””
      (4)
In subsection (11) for “Lord Chancellor” substitute “Secretary of State for
5
Constitutional Affairs”.
      (5)
In subsection (12) for “Lord Chancellor must” substitute “Secretary of State
for Constitutional Affairs must consult the Lord Chief Justice and”.
Criminal Justice and Court Services Act 2000 (c. 43)
383
The Criminal Justice and Court Services Act 2000 is amended as follows.
10
384
In section 76 (subordinate legislation), in subsection (1) omit “the Lord
Chancellor or”.
385
In section 77 (supplementary and consequential provision etc), in subsection
(1) omit “The Lord Chancellor or”.
386   (1)
Schedule 1 (local probation boards) is amended as follows.
15
      (2)
In paragraph 2 (membership)—
(a)
in sub-paragraph (2) for “Lord Chancellor” substitute “Lord Chief
Justice, after consulting the Secretary of State for Constitutional
Affairs”;
(b)
after sub-paragraph (7) insert—
20
“(8)
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 sub-paragraph (2).”
      (3)
In paragraph 3 (tenure of members)—
(a)
in sub-paragraph (2) for “Lord Chancellor” substitute “Secretary of
25
State for Constitutional Affairs”;
(b)
in sub-paragraph (3), for “The Secretary of State or, as the case may
be, the Lord Chancellor, may remove a member” substitute “The
person who appointed a member may remove him”;
(c)
after sub-paragraph (3) insert—
30
“(3A)
The power conferred by sub-paragraph (3) may be exercised
by the Secretary of State for Constitutional Affairs to remove
a person appointed by him by virtue of paragraph 2(2) only
with the concurrence of the Lord Chief Justice.”;
(d)
after sub-paragraph (6) insert—
35
“(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.”
International Criminal Court Act 2001 (c. 17)
387
The International Criminal Court Act 2001 is amended as follows.
40
388
In section 26 (definitions)—
(a)
that section becomes subsection (1) of section 26;

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
131

(b)
in that subsection for “by the Lord Chancellor” substitute “by the
Lord Chief Justice after consulting the Secretary of State for
Constitutional Affairs”;
(c)
after that subsection insert—
“(2)
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 section.”
389   (1)
Schedule 1 (supplementary provisions relating to the ICC) is amended as
follows.
      (2)
In paragraph (b) of the definition of “the appropriate Minister” in paragraph
10
7 (pension provision for UK judges of ICC) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
390
The Anti-terrorism, Crime and Security Act 2001 is amended as follows.
391   (1)
Schedule 6 (Pathogens Access Appeal Commission) is amended as follows.
15
      (2)
In paragraph 1 (membership), in sub-paragraph (4) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
      (3)
In paragraph 2 (appointment of officers and servants) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
      (4)
In paragraph 3 (payment of remuneration etc) for “Lord Chancellor” in each
20
place substitute “Secretary of State for Constitutional Affairs”.
      (5)
In paragraph 4 (procedure)—
(a)
in sub-paragraph (1) for “Lord Chancellor may direct” substitute
“Secretary of State for Constitutional Affairs may, after consulting
the Lord Chief Justice, direct”;
25
(b)
after sub-paragraph (1) insert—
“(1A)
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 sub-paragraph (1).”
      (6)
In paragraph 5 (rules), in sub-paragraphs (1) and (2) for “Lord Chancellor”
30
substitute “Secretary of State for Constitutional Affairs”.
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (S.I. 2001/
1171)
392   (1)
The Employment Tribunals (Constitution and Rules of Procedure)
Regulations 2001 are amended as follows.
35
      (2)
In regulation 3 (President of Employment Tribunals)—
(a)
in paragraph (2) for “Lord Chancellor” substitute “Secretary of State
for Constitutional Affairs”;
(b)
in paragraph (4) for “Lord Chancellor” in the first place substitute
“Secretary of State for Constitutional Affairs” and for “Lord
40
Chancellor may” substitute “Secretary of State for Constitutional
Affairs may, with the concurrence of the Lord Chief Justice,”;
(c)
in paragraph (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
132

      (3)
In regulation 5 (panels of members of tribunals), in paragraph (2) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Land Registration Act 2002 (c. 9)
393
The Land Registration Act 2002 is amended as follows.
394
In section 102 (fee orders) for “Lord Chancellor” substitute “Secretary of
5
State”.
395
In section 114 (power to make rules) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
396   (1)
Section 127 (exercise of powers) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “Secretary of State”.
10
      (3)
In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice, or
a judicial office holder (as defined in section 88(4) of the Constitutional
Reform Act 2004) nominated by him, after consulting the Secretary of State”.
      (4)
In subsection (2)(h) after “consumer affairs” insert “nominated by the
Secretary of State”.
15
      (5)
In subsection (3) for “Lord Chancellor” substitute “Secretary of State”.
397
In section 128 (rules, regulations and orders) for “Lord Chancellor” in each
place substitute “Secretary of State”.
398   (1)
Schedule 9 (the Adjudicator) is amended as follows.
      (2)
In paragraph 1 (holding of office)—
20
(a)
in sub-paragraph (1) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”;
(b)
in sub-paragraph (2) for “Lord Chancellor may” substitute
“Secretary of State for Constitutional Affairs may, with the
concurrence of the Lord Chief Justice”;
25
(c)
after sub-paragraph (4) insert—
“(5)
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 paragraph.”
      (3)
In paragraph 2 (remuneration) for “Lord Chancellor” in each place
30
substitute “Secretary of State for Constitutional Affairs”.
      (4)
In paragraph 5 (regulations for conduct of business during vacancy) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs”.
      (5)
In paragraph 6 (reimbursement of expenditure) for “Lord Chancellor”
substitute “Secretary of State for Constitutional Affairs”.
35
      (6)
In paragraph 7 (payments by registrar towards expenses) for “Lord
Chancellor” in each place substitute “Secretary of State for Constitutional
Affairs”.
Tax Credits Act 2002 (c. 21)
399
In section 65 of the Tax Credits Act 2002 (regulations, orders and schemes),
40
in subsection (6) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.