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 11 — The Judicial Appointments and Conduct Ombudsman
210

(b)
may not hold office as the Ombudsman for periods (whether or not
consecutive) totalling more than 10 years.
5     (1)
The Ombudsman may at any time—
(a)
resign his office by notice in writing addressed to Her Majesty;
(b)
be removed from office by the Minister.
5
      (2)
The Minister may not remove the Ombudsman from office unless he is
satisfied that the Ombudsman—
(a)
has, within the preceding nine months, failed to discharge the
functions of his office for a continuous period of at least six months,
(b)
has been convicted of an offence,
10
(c)
is an undischarged bankrupt, or
(d)
is otherwise unfit to hold his office or unable to discharge its
functions.
Salary, allowances and expenses
6     (1)
The Minister may—
15
(a)
pay to the Ombudsman such remuneration, fees or expenses as the
Minister may determine;
(b)
pay, or make provision for the payment of, such pension, allowance
or gratuity as the Minister may determine to or in respect of a person
who is or has been the Ombudsman.
20
      (2)
If—
(a)
the Ombudsman ceases to hold office other than on the expiry of his
term of appointment, and
(b)
it appears to the Minister that there are special circumstances that
would warrant the payment of compensation to him,
25

the Minister may make to or in respect of him a payment of such amount as
the Minister may determine.
Acting Ombudsman
7     (1)
The Minister may appoint a person to exercise the functions of the
Ombudsman if—
30
(a)
the Ombudsman’s office becomes vacant,
(b)
the Minister determines that the Ombudsman is incapable of
exercising his functions, or
(c)
the Ombudsman notifies the Minister that it would be inappropriate
for him to exercise any of his functions in connection with a
35
particular matter because of a possible conflict of interests or for any
other reason.
      (2)
But a person may be appointed under this paragraph only if he is eligible
under paragraph 1(2) to be appointed as Ombudsman.
      (3)
The Minister may—
40
(a)
pay to a person appointed under this paragraph such remuneration,
fees or expenses as the Minister may determine;
(b)
pay, or make provision for the payment of, such pension, allowance
or gratuity as the Minister may determine to or in respect of a person
who is or has been a person appointed under this paragraph.
45

Constitutional Reform Bill [HL]
Schedule 11 — The Judicial Appointments and Conduct Ombudsman
211

      (4)
A person appointed under this paragraph is to exercise the functions of the
Ombudsman in accordance with the terms of his appointment.
      (5)
The Minister may end an appointment under this paragraph at any time.
      (6)
Otherwise any appointment of a person under this paragraph ends on the
earliest of—
5
(a)
that person’s ceasing to be eligible to be appointed as Ombudsman;
(b)
the expiry of the appointment in accordance with its terms and
conditions;
(c)
the date on which with the agreement of the Minister the
Ombudsman resumes the exercise of his functions;
10
(d)
the appointment of a new Ombudsman;
(e)
the end of twelve months beginning with the relevant date.
      (7)
The relevant date is—
(a)
if the appointment was under sub-paragraph (1)(a), the date when
the vacancy arose;
15
(b)
if the appointment was under sub-paragraph (1)(b), the date of the
Minister’s determination;
(c)
if the appointment was under sub-paragraph (1)(c), the date of the
notification.
Status of the Ombudsman
20
8
The person for the time being holding the office of the Ombudsman is by the
name of that office a corporation sole.
Powers of the Ombudsman
9     (1)
The Ombudsman does not have power to do any of the following—
(a)
to borrow money;
25
(b)
to hold real property;
(c)
to appoint staff (except by way of arrangements under paragraph
10).
      (2)
Subject to sub-paragraph (1), the Ombudsman may do anything calculated
to facilitate, or incidental or conducive to, the carrying out of any of his
30
functions.
      (3)
Nothing in this Schedule is to be read as limiting the generality of sub-
paragraph (1).
Arrangements for assistance
10    (1)
The Ombudsman may make arrangements with such persons as he
35
considers appropriate for assistance to be provided to him.
      (2)
Arrangements may include the paying of fees to such persons.
      (3)
No arrangements may be made under this paragraph unless approved by
the Minister.

Constitutional Reform Bill [HL]
Schedule 11 — The Judicial Appointments and Conduct Ombudsman
212

Arrangements by the Minister
11
Unless the Ombudsman has made arrangements under paragraph 10, the
Minister may make arrangements for assistance to be provided to the
Ombudsman.
Delegation of functions
5
12    (1)
The Ombudsman may delegate any functions to—
(a)
any person with whom arrangements are made under paragraph 10
or 11, or
(b)
any person providing assistance to the Ombudsman in pursuance of
such arrangements.
10
      (2)
But all recommendations and reports prepared by or on behalf of the
Ombudsman must be signed by him.
Financial provisions and directions
13    (1)
Expenditure incurred by the Ombudsman in the discharge of his functions
is to be met by the Minister.
15
      (2)
The Minister may by direction require the Ombudsman—
(a)
not to incur costs and expenditure in excess of a specified amount
without his consent;
(b)
to follow specified procedures in relation to his costs and
expenditure.
20
      (3)
A direction under sub-paragraph (2) may relate to all of the Ombudsman’s
costs and expenditure, or to costs and expenditure of a specified description.
Reports
14    (1)
The Ombudsman must, as soon as practicable after the end of each financial
year, provide to the Minister a report about the performance of his functions
25
during that year.
      (2)
The Minister may by direction require the Ombudsman to deal, in reports or
a particular report under sub-paragraph (1), with matters specified in the
direction.
      (3)
The Ombudsman must, as soon as practicable after a direction by the
30
Minister under this sub-paragraph, provide to the Minister a report about
any matter or matters specified in the direction.
      (4)
The Minister must lay before each House of Parliament a copy of any report
provided to him under sub-paragraph (1).
      (5)
The Ombudsman must publish any report once copies of it have been laid
35
under sub-paragraph (4).
Documentary evidence
15
A document purporting to be an instrument issued by the Ombudsman and
to be signed by or on behalf of the Ombudsman is to be received in evidence
and, unless the contrary is proved, taken to be such an instrument and
40
signed in that way.

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 1 — Appointments by Her Majesty
213

General
16    (1)
“Financial year” in this Schedule, means—
(a)
the period beginning with the date on which the Ombudsman is
established and ending with the following 31 March, and
(b)
each successive period of twelve months.
5
      (2)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (other disqualifying offices) at the appropriate place insert—
“The Judicial Appointments and Conduct Ombudsman.”
      (3)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other
public bodies and offices which are public authorities) at the appropriate
10
place insert—
“The Judicial Appointments and Conduct Ombudsman.”
Schedule 12
Section 68

The Judicial Appointments Commission: Relevant Offices and Enactments
Part 1
15
Appointments by Her Majesty

Office
Enactment

Judge Advocate of Her Majesty’s Fleet
Section 28(1) of the Courts-Martial

(Appeals) Act 1951 (c. 46)

Judge Advocate General
Section 29 of the Courts-Martial

20

(Appeals) Act 1951

Common Serjeant
Section 12(1) of the City of London

(Courts) Act 1964 (c. iv)

Circuit judge
Section 16(1) of the Courts Act 1971

(c. 23)

25

Recorder
Section 21(1) of the Courts Act 1971

Non-judicial member of the Restrictive
Section 3(1) of the Restrictive Practices

Practices Court
Court Act 1976 (c. 33)

Puisne judge of the High Court
Section 10(2) of the Supreme Court Act

1981 (c. 54)

30

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 1 — Appointments by Her Majesty
214

Office
Enactment

Master, Queen’s Bench Division
Section 89(1) of the Supreme Court Act

Queen’s Coroner and Attorney and

Master of the Crown Office and

Registrar of Criminal Appeals

5

Admiralty Registrar

Master, Chancery Division

Registrar in Bankruptcy of the High

Court

Taxing Master of the Supreme Court

10

District judge of the principal registry

of the Family Division

Master of the Court of Protection

Senior Master of the Queen’s Bench
Section 89(3) of the Supreme Court Act

Division
1981 (c. 54) (c. 54)

15

Chief Chancery Master

Chief Taxing Master

Chief Bankruptcy Registrar

Senior District Judge of the Family

Division

20

District judge
Section 6(1) of the County Courts Act

1984 (c. 28)

Chief Child Support Commissioner
Section 22(1) of the Child Support Act

Child Support Commissioner
1991 (c. 48)

Member of the Employment Appeal
Section 22(1)(c) of the Employment

25

Tribunal
Tribunals Act 1996 (c. 17)

District Judge (Magistrates’ Courts)
Section 10A(1) of the Justices of the Peace

Act 1997 (c. 25)

Senior District Judge (Magistrates’
Section 10A(2) of the Justices of the Peace

Courts)
Act 1997

30

Deputy Senior District Judge

(Magistrates’ Courts)

Chief Social Security Commissioner
Paragraph 1(1) of Schedule 4 to the Social

Social Security Commissioner
Security Act 1998 (c. 14)

District Judge (Magistrates’ Courts)
Section 22(1) of the Courts Act 2003

35

(c. 39)

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 2 — Appointments by the Minister: Offices to which paragraph 2(2)(d) of schedule 10 does not apply
215

Office
Enactment

Senior District Judge (Magistrate’s
Section 23 of the Courts Act 2003 (c. 39)

Courts)

Deputy Senior District Judge

(Magistrates’ Courts)

5

Part 2
Appointments by the Minister: Offices to which paragraph 2(2)(d) of schedule
10 does not apply

Office
Enactment

Vice Judge Advocate General
Section 30(1) of the Courts-Martial

10

Assistant Judge Advocate General
(Appeals) Act 1951 (c. 46)

Person appointed temporarily to assist
Section 30(2) of the Courts-Martial

the Judge Advocate General
(Appeals) Act 1951

Judge of the Courts-Martial Appeal
Section 2(2) of the Courts-Martial

Court
(Appeals) Act 1968 (c. 20)

15

General Commissioner
Section 2 of the Taxes Management Act

1970 (c. 9)

Assistant recorder
Section 24(1) of the Courts Act 1971

(c. 23)

Deputy district judge in a district
Section 102(1) of the Supreme Court Act

20

registry of the High Court
1981 (c. 54)

Deputy district judge for a county
Section 8(1) of the County Courts Act

court district
1984 (c. 28)

Justice of the peace
Section 5 of the Justices of the Peace Act

1997 (c. 25)

25

Deputy District Judge (Magistrates’
Section 10B(1) of the Justices of the Peace

Courts)
Act 1997 (c. 25)

Deputy District Judge (Magistrates’
Section 24(1) of the Courts Act 2003

Courts)
(c. 39)

Constitutional Reform Bill [HL]
Schedule 12 — The Judicial Appointments Commission: Relevant Offices and Enactments
Part 3 — Appointments by the Minister: offices to which paragraph 2(2)(d) of schedule 10 Applies
216

Part 3
Appointments by the Minister: offices to which paragraph 2(2)(d) of schedule 10
Applies

Office
Enactment

Member of pensions appeal tribunal
Paragraphs 2 and 3 of the Schedule to

5

the War Pensions (Administrative

Provisions) Act 1919 (c. 53)

Member of the Shipping Claims
Section 8(1) of the Compensation

Tribunal
(Defence) Act 1939 (c. 75)

President of the Shipping Claims

10

Tribunal

Member of panel
Section 109(1)(a) of the London Building

Acts (Amendment) Act 1939 (c. xcvii)

Deputy member of panel
Section 109(1)(h) of the London Building

Acts (Amendment) Act 1939

15

Member of a Pensions Appeal Tribunal
Paragraph 2(1) of the Schedule to the

Pensions Appeal Tribunals Act 1943

(c. 39)

President of Pensions Appeal
Paragraph 2B of the Schedule to the

Tribunals
Pensions Appeal Tribunals Act 1943

20

Deputy President of Pensions Appeal
(c. 39)

Tribunals

Member of panel of persons to act as
Section 61(1) of the Coal Industry

arbitrators
Nationalisation Act 1946 (c. 59)

Chairman of panel of persons to act as

25

arbitrators

Deputy chairman of panel of persons

to act as arbitrators

Chairman of an Agricultural Land
Paragraph 13(1) of Schedule 9 to the

Tribunal
Agriculture Act 1947 (c. 48)

30

Member of panel of deputy-chairmen
Paragraph 14(1) of Schedule 9 to the

of Agricultural Land Tribunal
Agriculture Act 1947

Member of panel
Paragraph 15(1) of Schedule 9 to the

Agriculture Act 1947

President of the Lands Tribunal
Section 2(1) of the Lands Tribunal Act

35

Member of the Lands Tribunal
1949 (c. 42)

First of the three arbitration committee
Section 7(6) of the National Health

members
Service (Amendment) Act 1949 (c. 93)