Constitutional Reform Bill [HL]

House of Lords

Session 2002 - 03
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
98

203
In section 105 (appeals), in subsection (2) omit “from any decision of the
Lord Chancellor or”.
204   (1)
Section 108 (general provisions as to rules under Part 7) is amended as
follows.
      (2)
For subsection (1) substitute—
5
“(1)
Rules under section 106(5) are to be made by the Secretary of State for
Constitutional Affairs 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
10
exercise his functions under this section.”
      (4)
Paragraph 16 of Schedule 1 also amends section 108.
205   (1)
Section 111 (construction of references in other Acts) is amended as follows.
      (2)
In subsection (1) omit “by the Lord Chancellor or”.
      (3)
In subsection (2) omit “the Lord Chancellor,”.
15
      (4)
In subsection (4)—
(a)
in paragraph (a) omit “the Lord Chancellor or”;
(b)
in paragraph (b) omit “the Lord Chancellor,”.
206
In section 143 (general provisions as to orders, regulations and rules), in
subsection (1) omit “or the Lord Chancellor”.
20
207   (1)
Schedule 2 (Mental Health Review Tribunals) is amended as follows.
      (2)
In paragraph 2 (holding of office of members of Tribunals) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
      (3)
In paragraph 4 (members of Tribunal) omit “by the Lord Chancellor”.
      (4)
In paragraph 6 (President of Tribunal) omit “by the Lord Chancellor”.
25
County Courts Act 1984 (c. 28)
208
The County Courts Act 1984 is amended as follows.
209   (1)
Section 2 (county court districts etc) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor may” substitute “Secretary of State for
Constitutional Affairs may, after consulting the Lord Chief Justice,”.
30
      (3)
In subsection (3) after “given” insert “, after consulting the Lord Chief
Justice,”.
      (4)
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
35
exercise his functions under subsection (1) or (3).”
210   (1)
Section 3 (places and times of sittings) is amended as follows.
      (2)
In subsection (1) after “given” insert “, after consulting the Lord Chief
Justice,”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
99

      (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
exercise his functions under subsection (1).”
211   (1)
Section 5 (judges of county courts) 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 (2) for “or on behalf of the Lord Chancellor” substitute “the
Lord Chief Justice after consulting the Secretary of State for Constitutional
Affairs”.
10
      (4)
In subsection (3) for “Lord Chancellor considers desirable” substitute “Lord
Chief Justice considers desirable after consulting the Secretary of State for
Constitutional Affairs”.
      (5)
In subsection (4)(a) for “Lord Chancellor may direct” substitute “Lord Chief
Justice may, after consulting the Secretary of State for Constitutional Affairs,
15
direct”.
      (6)
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
exercise his functions under this section.”
20
212   (1)
Section 8 (deputy district judges) is amended as follows.
      (2)
In subsection (3) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
213   (1)
Section 11 (tenure of office) is amended as follows.
      (2)
In subsection (2) for “Lord Chancellor’s power” substitute “power of
25
Secretary of State for Constitutional Affairs”.
      (3)
In subsection (5) for “by the Lord Chancellor” substitute “by the Secretary of
State for Constitutional Affairs, but only with the concurrence of the Lord
Chief Justice”.
      (4)
In subsection (6) for “Lord Chancellor may” substitute “Secretary of State for
30
Constitutional Affairs may, with the concurrence of the Lord Chief Justice,”.
      (5)
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.”
35
214   (1)
Section 12 (records of proceedings to be kept by district judges) is amended
as follows.
      (2)
In subsection (1) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
      (3)
After subsection (2) insert—
40
“(3)
The Secretary of State for Constitutional Affairs must consult the
Lord Chief Justice before making regulations under this section.”
215   (1)
In section 26 (districts for Admiralty purposes), subsection (1) is amended as
follows.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
100

      (2)
For “Lord Chancellor” substitute “Secretary of State for Constitutional
Affairs and the Lord Chief Justice”.
      (3)
For “him” insert “the Secretary of State for Constitutional Affairs”.
216
In section 77 (appeals: general provisions), in subsection (1) for “Lord
Chancellor” substitute “Secretary of State for Constitutional Affairs”.
5
217
In section 128 (fees), in subsection (1) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
218
In section 130 (payment and application of fees, fines etc) for “Lord
Chancellor” in each place substitute “Secretary of State for Constitutional
Affairs”.
10
219
In section 145 (power to raise monetary limits), after subsection (2) insert—
“(2A)
It is for the Secretary of State for Constitutional Affairs to
recommend to Her Majesty the making of an Order under subsection
(1).”
Matrimonial and Family Proceedings Act 1984 (c. 42)
15
220
The Matrimonial and Family Proceedings Act 1984 is amended as follows.
221   (1)
Section 33 (jurisdiction of county courts in matrimonial cases) is amended as
follows.
      (2)
In subsections (1) and (4) for “Lord Chancellor may” substitute “Secretary of
State for Constitutional Affairs may, with the concurrence of the Lord Chief
20
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
exercise his functions under this section.”
25
222   (1)
Section 36 (assignment of circuit judges to family proceedings) is amended
as follows.
      (2)
That section becomes subsection (1) of section 36.
      (3)
In that subsection, for “Lord Chancellor may direct” substitute “Lord Chief
Justice may, after consulting the Secretary of State for Constitutional Affairs,
30
direct”.
      (4)
After that subsection insert—
“(2)
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.”
35
223
In section 37 (directions as to distribution and transfer of family business
and proceedings) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”.
224   (1)
Section 42 (county court proceedings in principal registry of Family
Division) is amended as follows.
40
      (2)
In subsection (2)(a) for “Lord Chancellor may direct” substitute “Secretary of
State for Constitutional Affairs may, after consulting the Lord Chief Justice,
direct”.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
101

      (3)
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.”
Transport Act 1985 (c. 67)
5
225   (1)
Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings
of the Transport Tribunal) is amended as follows.
      (2)
In paragraph 3 (tenure of office)—
(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)
in sub-paragraphs (4) and (5) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”;
(c)
after sub-paragraph (5) insert—
“(6)
The Lord Chief Justice may nominate a judicial office holder
15
(as defined in section 88(4) of the Constitutional Reform Act
2004) to exercise his functions under this paragraph.”
      (3)
In paragraph 6 (remuneration) for “Lord Chancellor” substitute “Secretary
of State for Constitutional Affairs”.
      (4)
In paragraph 7 (expenses) for “Lord Chancellor” substitute “Secretary of
20
State for Constitutional Affairs”.
      (5)
In paragraph 10 (the president)—
(a)
in sub-paragraph (1) for “the Lord Chancellor may direct” substitute
“the Lord Chief Justice may, after consulting the Secretary of State for
Constitutional Affairs, direct”;
25
(b)
after sub-paragraph (3) insert—
“(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 sub-paragraph (1).”
      (6)
In paragraph 11 (rules about procedure and practice), in sub-paragraph (1)
30
for “Lord Chancellor” substitute “Secretary of State for Constitutional
Affairs”.
      (7)
In paragraph 15 (exercise of powers), for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
      (8)
In paragraph 16 (annual report), for “Lord Chancellor” substitute “Secretary
35
of State for Constitutional Affairs”.
Housing Act 1985 (c. 68)
226
The Housing Act 1985 is amended as follows.
227
Omit section 111 (secure tenancies: county court rules and directions).
228
In section 181 (right to buy: jurisdiction of county court), omit subsections (4)
40
and (5) (rules and directions).
229
In section 572 (assistance for owners of defective housing: jurisdiction of
county court), omit subsections (4) to (6) (rules and directions).

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
102

Insolvency Act 1986 (c. 45)
230
The Insolvency Act 1986 is amended as follows.
231   (1)
Section 117 (High Court and county court jurisdiction) is amended as
follows.
      (2)
In subsection (4)—
5
(a)
for “Lord Chancellor” in each place substitute “Secretary of State for
Constitutional Affairs”;
(b)
for “may by order” substitute “may, with the concurrence of the Lord
Chief Justice, by order”.
      (3)
After subsection (7) insert—
10
“(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.”
232   (1)
Section 374 (insolvency districts) is amended as follows.
      (2)
In subsection (1) for “Lord Chancellor may” substitute “Secretary of State for
15
Constitutional Affairs may, with the concurrence of the Lord Chief Justice,”.
      (3)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs and the Lord Chief Justice”.
      (4)
After subsection (4) insert—
“(5)
The Lord Chief Justice may nominate a judicial office holder (as
20
defined in section 88(4) of the Constitutional Reform Act 2004) to
exercise his functions under this section.”
233   (1)
Section 411 (company insolvency rules) is amended as follows.
      (2)
For subsection (1) substitute—
“(1)
The Secretary of State may make rules for the purpose of giving effect
25
to Parts 1 to 7 of this Act.
(1A)
The Secretary of State may make different rules under subsection (1)
in relation to—
(a)
England and Wales, and
(b)
Scotland.
30
(1B)
Rules that affect court procedure in England and Wales may be made
under subsection (1) only with the concurrence of the Lord Chief
Justice.”
      (3)
In subsection (2)(b) for the words from “may appear” to the end substitute
“may appear necessary or expedient to the Secretary of State”.
35
      (4)
After subsection (6) insert—
“(7)
In this section “Secretary of State” means the Secretary of State for
Constitutional Affairs.”
234   (1)
Section 412 (individual insolvency rules (England and Wales) is amended as
follows.
40
      (2)
For subsection (1) substitute—
“(1)
The Secretary of State may make rules for the purpose of giving effect
to Parts 8 to 11 of this Act.

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
103

(1A)
Rules that affect court procedure in England and Wales may be made
under subsection (1) only with the concurrence of the Lord Chief
Justice.”
      (3)
In subsection (2)(b) for the words from “may appear” to the end substitute
“may appear necessary or expedient to the Secretary of State”.
5
      (4)
After subsection (5) insert—
“(6)
In this section “Secretary of State” means the Secretary of State for
Constitutional Affairs.”
235   (1)
Section 413 (Insolvency Rules committee) is amended as follows.
      (2)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State”.
10
      (3)
In subsection (3) for “by the Lord Chancellor” substitute “in accordance with
subsection (3A) or (3B)”.
      (4)
After subsection (3) insert—
“(3A)
The Lord Chief Justice, or a judicial office holder (as defined in
section 88(4) of the Constitutional Reform Act 2004) nominated by
15
him, must appoint the persons referred to in paragraphs (a) to (d) of
subsection (1), after consulting the Secretary of State.
(3B)
The Secretary of State must appoint the persons referred to in
paragraphs (e) to (g) of subsection (1), after consulting the Lord Chief
Justice.”
20
      (5)
In subsection (4) for “Lord Chancellor” substitute “Secretary of State”.
      (6)
After subsection (4) insert—
“(5)
In this section “Secretary of State” means the Secretary of State for
Constitutional Affairs.”
236
In section 414 (fees orders (company insolvency proceedings)), in
25
subsections (2), (4) and (5) for “Lord Chancellor” substitute “Secretary of
State for Constitutional Affairs”.
237
In section 415 (fees orders (individual insolvency proceedings in England
and Wales), for “Lord Chancellor” in each place substitute “Secretary of State
for Constitutional Affairs”.
30
238   (1)
Section 420 (insolvent partnerships) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”;
(b)
after “Secretary of State” insert “and the Lord Chief Justice”.
35
      (3)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs and the Lord Chief Justice”.
      (4)
After subsection (3) insert—
“(4)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 88(4) of the Constitutional Reform Act 2004) to
40
exercise his functions under this section.”
239   (1)
Section 421 (insolvent estates of deceased persons) is amended as follows.
      (2)
In subsection (1)—

Constitutional Reform Bill [HL]
Schedule 4 — Other judiciary-related functions and organisation of the courts
Part 1 — Amendments
104

(a)
for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs”;
(b)
after “Secretary of State” insert “and the Lord Chief Justice”.
      (3)
In subsection (2) for “Lord Chancellor” substitute “Secretary of State for
Constitutional Affairs and the Lord Chief Justice”.
5
      (4)
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
exercise his functions under this section.”
Ecclesiastical Fees Measure 1986 (1986 No.2)
10
240
In the Ecclesiastical Fees Measure 1986, in section 4 (constitution of Fees
Advisory Commission) in subsection (1)(a) for “Lord Chancellor” substitute
“Secretary of State for Constitutional Affairs”.
Coroners Act 1988 (c. 13)
241
The Coroners Act 1988 is amended as follows.
15
242   (1)
Section 3 (terms on which coroners hold office) is amended as follows.
      (2)
For subsection (4) substitute—
“(4)
The Secretary of State for Constitutional Affairs may, with the
agreement of the Lord Chief Justice, remove any coroner from office
for inability or misbehaviour.”
20
      (3)
In subsection (5) for “, wilful neglect of his duty or misbehaviour in the
discharge of his duty” substitute “or wilful neglect of his duty”.
      (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
25
exercise his functions under this section.”
243
In section 17A (adjournment of inquest in event of judicial inquiry) for “Lord
Chancellor” in each place substitute “Secretary of State for Constitutional
Affairs”.
244
In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.
30
Criminal Justice Act 1988 (c. 33)
245   (1)
Schedule 12 to the Criminal Justice Act 1988 (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;
35
(b)
in that sub-paragraph, in sub-paragraph (a) for “Lord Chancellor
substitute “Secretary of State for Constitutional Affairs”;
(c)
after that paragraph insert—
“(2)
The Secretary of State for Constitutional Affairs may give
consent under sub-paragraph (1)(a) only with the
40
concurrence of all of the following—

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