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 3 — Appointment functions
Part 2 — Appointments to be made by the Minister
63

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/
2313)
83
In the Road User Charging (Enforcement and Adjudication) (London)
Regulations 2001, in regulation 3 (appointment of adjudicators) in
paragraphs (1) and (3) for “Lord Chancellor” substitute “Secretary of State
5
for Constitutional Affairs”.
Land Registration Act 2002 (c. 9)
84
In the Land Registration Act 2002, in section 107(1) (Adjudicator, Land
Registry) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
10
Commonhold and Leasehold Reform Act 2002 (c. 15)
85
In the Commonhold and Leasehold Reform Act 2002, in Schedule 12, in
paragraph 5(3) (leasehold valuation tribunal: pre-trial review) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
Proceeds of Crime Act 2002 (c. 29)
15
86
In the Proceeds of Crime Act 2002, in section 320(3)(b) (panel of assessors to
assist Special Commissioners) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”.
Enterprise Act 2002 (c. 40)
87
In the Enterprise Act 2002, in section 12(2)(a) and (b) and in paragraphs 1
20
and 3 of Schedule 2 (Competition Appeal Tribunal) for “Lord Chancellor” in
each place substitute “Secretary of State for Constitutional Affairs”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
88
In the Nationality, Immigration and Asylum Act 2002, in section 81
(adjudicators) and Schedule 5, in paragraphs 1, 3, 4 and 11 (Immigration
25
Appeal Tribunal) for “Lord Chancellor” in each place substitute “Secretary
of State for Constitutional Affairs”.
Communications Act 2003 (c. 21)
89
In the Communications Act 2003, in Schedule 2, in paragraph 4(7)(a)
(arbitrator) for “Lord Chancellor” substitute “Secretary of State for
30
Constitutional Affairs”.
Courts Act 2003 (c. 39)
90
In the Courts Act 2003, in section 22(1) (District Judge (Magistrates’ Court))
and section 24(1) (Deputy District Judge (Magistrates’ Court)) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
35

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
64

Schedule 4
Section 9

Other judiciary-related functions and
organisation of the courts
Part 1
Amendments
5
Habeas Corpus Act 1679 (c. 2)
1
The Habeas Corpus Act 1679 is amended as follows.
2
In section 1 (bringing before Lord Chancellor or other judges) omit “the lord
chauncelior or lord keeper of the great seale of England for the time being
or”.
10
3
In section 2 (appeal to Lord Chancellor or other judges) omit—
(a)
“the lord chauncellour or lord keeper or” in each place;
(b)
“lord chauncellor lord keeper”;
(c)
“the said lord chauncellor or lord keeper or” in the first and second
places;
15
(d)
“lord chauncellor or lord keeper or” in the last place.
4
In section 9 (Lord Chancellor or other judge unduly denying writ) omit “the
said lord chauncellor or lord keeper or”.
Cestui que Vie Act 1707 (c. 72)
5
Any reference to the Lord Chancellor and keeper or commissioners for the
20
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 a judge of the
Chancery Division of the High Court.
British Law Ascertainment Act 1859 (c. 63)
6
In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit
25
“the Lord Chancellor,”.
Promissory Oaths Act 1871 (c. 48)
7     (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.
30
      (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 88(4) of the Constitutional Reform Act 2004) to
35
exercise his functions under the preceding paragraph.”

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
65

Sheriffs Act 1887 (c. 55)
8
In section 20 of the Sheriffs Act 1887 (fees and poundage), in subsection (2)
for “Lord Chancellor” substitute “Secretary of State for Constitutional
Affairs”.
Law of Distress Amendment Act 1888 (c. 21)
5
9
In section 8 of the Law of Distress Amendment Act 1888 (power to make
rules), for “Lord Chancellor” substitute “Secretary of State for Constitutional
Affairs”.
Stamp Act 1891 (c. 39)
10
In section 13A of the Stamp Act 1891 (appeal to the Special Commissioners),
10
in subsection (4) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
Stannaries Court (Abolition) Act 1896 (c. 45)
11    (1)
Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-
Warden’s Court) is amended as follows.
15
      (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—
“(3)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
20
exercise his functions under this section.”
Judicial Committee Act 1915 (c. 92)
12    (1)
Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee
of the Privy Council to sit in more than one division at the same time) is
amended as follows.
25
      (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)
13    (1)
The Schedule to the War Pensions (Administrative Provisions) Act 1919
(constitution, jurisdiction and procedure of pensions appeal tribunals) is
30
amended as follows.
      (2)
In paragraph 1 (constitution of tribunals), for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
      (3)
In paragraph 8 (procedure), for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”.
35
      (4)
In paragraph 9 (interpretation), 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
66

Administration of Justice Act 1925 (c. 28)
14    (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”
substitute “by the Lord Chief Justice with the concurrence of the Secretary of
State for Constitutional Affairs and”.
      (4)
After subsection (5) insert—
“(5A)
The Lord Chief Justice may nominate a judicial office holder (as
10
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under subsection (5).”
Children and Young Persons Act 1933 (c. 12)
15    (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, with the concurrence of the Secretary of State
for Constitutional Affairs,”.
      (3)
In subsection (4) for “Lord Chancellor may” substitute “Lord Chief Justice
may, with the concurrence of the Secretary of State for Constitutional
20
Affairs,”.
      (4)
In subsection (5) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs or the Lord Chief Justice”.
      (5)
After subsection (8) insert—
“(9)
The Lord Chief Justice may nominate a judicial office holder (as
25
defined in section 88(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)
16
The Compensation (Defence) Act 1939 is amended as follows.
30
17
In section 8 (constitution of tribunals), in subsection (5) for “Lord
Chancellor” in each place substitute “Secretary of State for Constitutional
Affairs”.
18    (1)
For the title to section 9 substitute “Incidental powers of tribunals and rules
of procedure”.
35
      (2)
Omit section 9(1)(a) (incidental powers of tribunals to make rules of
procedure).
      (3)
After section 9(1) insert—
“(1A)
Rules prescribing the procedure for notifying, presenting and
hearing claims and all matters incidental thereto may be made in
40
relation to each of the tribunals constituted under this Act.
(1B)
Such rules are to be made as follows—

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
67

(a)
if the rules relate to proceedings in England and Wales, they
are to be made by the Secretary of State for Constitutional
Affairs;
(b)
if the rules relate to proceedings in Scotland, they are to be
made by the Lord President of the Court of Session;
5
(c)
if the rules relate to proceedings in Northern Ireland, they are
to be made by the Lord Chief Justice of Northern Ireland.”
      (4)
In subsection (2) for the words from the beginning to “subsection” substitute
“Such rules”.
London Building Acts (Amendment) Act 1939 (c. xcvii)
10
19    (1)
Section 109 of the London Building Acts (Amendment) Act 1939
(constitution etc of tribunal appeal) is amended as follows.
      (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 if
the Lord Chief Justice agrees,”.
15
      (3)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (4)
After subsection (2) insert—
“(3)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
20
exercise his functions under this section.”
Pensions Appeal Tribunals Act 1943 (c. 39)
20
The Pension Appeal Tribunals Act 1943 is amended as follows.
21    (1)
Section 6 (constitution, jurisdiction and procedure of Pensions Appeal
Tribunals) is amended as follows.
25
      (2)
In subsection (2) for “by the Lord Chancellor” substitute “by the Lord Chief
Justice, after consulting the Secretary of State for Constitutional Affairs,”.
      (3)
After subsection (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
30
exercise his functions under subsection (2).”
22    (1)
Section 13 (application to Scotland) is amended as follows.
      (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”.
35
23    (1)
The Schedule (constitution, jurisdiction and procedure of Tribunals) is
amended as follows.
      (2)
In paragraph 1 (constitution of Tribunals)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 1;
(b)
in that sub-paragraph—
40
(i)
for “Lord Chancellor may from time to time determine”
substitute “Secretary of State for Constitutional Affairs may
from time to time determine after consulting the Lord Chief
Justice”;

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
68

(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”;
(c)
after that sub-paragraph 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 paragraph.”
      (3)
In paragraph 2 (membership)—
(a)
in sub-paragraph (3) for “Lord Chancellor may, if he thinks fit,”
substitute “Secretary of State for Constitutional Affairs may, if he
10
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
(as defined in section 88(4) of the Constitutional Reform Act
2004) to exercise his functions under this paragraph.”
15
      (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)—
(a)
in sub-paragraph (1) for “Lord Chancellor” in each place substitute
“Secretary of State for Constitutional Affairs”;
20
(b)
in sub-paragraph (4)(b) for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”.
Agriculture Act 1947 (c. 48)
24
The Agriculture Act 1947 is amended, or has effect, as follows.
25    (1)
Section 73 (establishment, constitution and procedure of Agricultural Land
25
Tribunals) is amended as follows.
      (2)
In subsection (1) for the words before “by order” substitute “For the
purposes of this section, the Secretary of State for Constitutional Affairs
shall, after consulting the Chairman of the Agricultural Land Tribunals,”.
      (3)
In subsection (3) for the words before “may by order” substitute “The
30
Secretary of State for Constitutional Affairs”.
26    (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
State for Constitutional Affairs after consultation with the Lord Chief
Justice.
35
      (2)
The Lord Chief Justice may nominate a judicial office holder (as defined in
section 88(4) of this Act) to exercise his functions under sub-paragraph (1).
      (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.
27
In section 108 (regulations and orders), in subsection (1) omit “by the
40
Minister” in the second place.
28    (1)
Schedule 9 (constitution of Agricultural Land Tribunals) is amended as
follows.
      (2)
In paragraph 13 (chairman of each Tribunal)—

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
69

(a)
in sub-paragraph (3) (resignation) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”;
(b)
in sub-paragraph (4)—
(i)
for “Lord Chancellor is” substitute “Secretary of State for
Constitutional Affairs and Lord Chief Justice are both”;
5
(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,”;
(c)
after sub-paragraph (4) insert—
“(5)
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 this section.”
      (3)
In paragraph 16A (discharge of chairman’s duties)—
(a)
that paragraph becomes sub-paragraph (1) of paragraph 16A;
(b)
in that sub-paragraph for “Lord Chancellor” substitute “Lord Chief
15
Justice, after consulting the Secretary of State for Constitutional
Affairs”;
(c)
after that sub-paragraph insert—
“(2)
The Lord Chief Justice may nominate a judicial office holder
(as defined in section 88(4) of the Constitutional Reform Act
20
2004) to exercise his functions under sub-paragraph (1).”
Commonwealth Telegraphs Act 1949 (c. 39)
29
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”.
25
Lands Tribunal Act 1949 (c. 42)
30
The Lands Tribunal Act 1949 is amended as follows.
31    (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
30
may, after consulting the Secretary of State for Constitutional Affairs,”.
      (3)
In subsection (4) for “in the opinion of the Lord Chancellor” substitute “in
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
35
for Constitutional Affairs”.
      (5)
In subsection (9)(a) for “the Lord Chancellor” substitute “the Secretary of
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
40
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
32
In section 3 (procedure, appeals, costs and fees), in subsection (11)(b) for
“Lord Chancellor” substitute “Secretary of State for Constitutional Affairs”.