The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

• Citation: S.I. 2006/1016
• Sections: 50

Section 1 Citation and commencement

This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 and shall come into force on the day after the day on which it is made.

Section 2 Transfer and modification of functions

Schedule 1 has effect with respect to the transfer, modification and abolition of functions of the Lord Chancellor contained in primary legislation.

Section 3 Transfer and modification of functions

Schedule 2 has effect with respect to the transfer and modification of functions of the Lord Chancellor contained in secondary legislation.

Section 4 Supplementary provision

Schedule 3 has effect with respect to making provision supplementary to that under the Constitutional Reform Act 2005.

Section 1 Appellate Jurisdiction Act 1876

The Appellate Jurisdiction Act 1876 is amended as follows.

Section 2 Appellate Jurisdiction Act 1876

In section 5, omit subsection (1).

Section 3

In section 25, in the definition of “High judicial office”, omit the words “Lord Chancellor of Great Britain or of”.

Section 4 Appellate Jurisdiction Act 1887

(1) Section 3 of the Appellate Jurisdiction Act 1887 is amended in accordance with this paragraph.

(2) Omit “unless he is for the time being the Lord Chancellor of Great Britain”.

Section 5 Matrimonial and Family Proceedings Act 1984

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

Section 6 Matrimonial and Family Proceedings Act 1984

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Section 7

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Section 8 Nationality, Immigration and Asylum Act 2002

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Section 9 Nationality, Immigration and Asylum Act 2002

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Section 10

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Section 11

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Section 12 Gender Recognition Act 2004

Schedule 1 to the Gender Recognition Act 2004 is amended as follows.

Section 13 Gender Recognition Act 2004

In paragraph 1(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.

Section 14

After paragraph 1(1) insert—

(1A) The Lord Chancellor may appoint a person under sub-paragraph (1) only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

Section 15

In paragraph 2(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.

Section 16

After paragraph 2(1) insert—

(1A) The Lord Chancellor may appoint a person under sub-paragraph (1) only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.

Section 17

After paragraph 8 insert—

Delegation

(8A)

(1) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under this Schedule.

(2) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this Schedule.

(3) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Section 18 Traffic Management Act 2004

Section 81 of the Traffic Management Act 2004 is amended as follows.

Section 19 Traffic Management Act 2004

For subsection (3)(b) substitute—

(b) for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;

(c) for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—

(i) not to re-appoint a person as an adjudicator, or

(ii) to remove a person from his office as an adjudicator.

Section 20

After subsection (3) insert—

(3A) The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.

Section 21 Civil Partnership Act 2004

The Civil Partnership Act 2004 is amended as follows.

Section 22 Civil Partnership Act 2004

(1) Section 188 is amended in accordance with this paragraph.

(2) After subsection (4) insert—

(4A) The Lord Chancellor may make an order under subsection (4) only with the concurrence of the Lord Chief Justice of Northern Ireland.

Section 23

In paragraph 47 of Schedule 6, after sub-paragraph (2) insert—

(3) The Lord Chancellor may make a determination for the purposes of sub-paragraph (1) only with the concurrence of the Lord Chief Justice.

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Section 24

(1) Paragraph 2 of Schedule 16 is amended in accordance with this paragraph.

(2) In sub-paragraph (2)(b), after “may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”.

Section 25 Pensions Act 2004

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Section 26 Pensions Act 2004

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Section 27

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Section 28

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Section 29 Prevention of Terrorism Act 2005

(1) Paragraph 6 of the Schedule to the Prevention of Terrorism Act 2005 is amended in accordance with this paragraph.

(2) After sub-paragraph (1) insert—

(1A) The Lord Chancellor may appoint an adviser under this paragraph only with the concurrence of the appropriate senior judge.

(3) After sub-paragraph (3) insert—

(4) In this paragraph “the appropriate senior judge” means—

(a) in relation to an adviser who may be called in aid wholly or mainly in Scotland, the Lord President of the Court of Session;

(b) in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland, the Lord Chief Justice of Northern Ireland;

(c) in any other case, the Lord Chief Justice of England and Wales.

(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under this paragraph.

(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Section 30 Mental Capacity Act 2005

The Mental Capacity Act 2005 is amended as follows.

Section 31 Mental Capacity Act 2005

(1) Section 21 is amended in accordance with this paragraph.

(2) That section becomes subsection (1) of section 21.

(3) In that subsection for “Lord Chancellor” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”.

(4) After that subsection insert—

(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a) the President of the Court of Protection;

(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

Section 32

(1) Section 45 is amended in accordance with this paragraph.

(2) In subsection (4) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice”.

(3) In subsection (5) after “may” insert “, after consulting the Lord Chief Justice,”.

(4) After subsection (5) insert—

(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a) the President of the Court of Protection;

(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

Section 33

(1) Section 46 is amended in accordance with this paragraph.

(2) In subsection (1)(a), for “Lord Chancellor” substitute “Lord Chief Justice”.

(3) For subsection (1)(b) substitute—

(b) where nominated by the Lord Chief Justice to act on his behalf under this subsection—

(i) the President of the Court of Protection; or

(ii) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

(4) In subsection (3), for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor,”.

(5) In subsection (4)—

(a) for “Lord Chancellor” in the first place substitute “Lord Chief Justice, after consulting the Lord Chancellor,”;

(b) after “Lord Chancellor” in the second place insert “, after consulting the Lord Chief Justice,”.

Section 34

For section 51(1) substitute—

(1) Rules of court with respect to the practice and procedure of the court (to be called “Court of Protection Rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

Section 35

For section 52 substitute—

Practice directions

(52)

(1) Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

(2) Practice directions given otherwise than under subsection (1) may not be given without the approval of—

(a) the Lord Chancellor, and

(b) the Lord Chief Justice.

(3) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a) the President of the Court of Protection;

(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

Section 36

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Section 37

(1) Section 65 is amended in accordance with this paragraph.

(2) In subsection (1), after “this Act” insert “, other than the power in section 21”.

(3) After subsection (4) insert—

(5) An order under section 21—

(a) may include supplementary, incidental, consequential, transitional or saving provision;

(b) may make different provision for different cases;

(c) is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and

(d) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 38 Education Act 2005

(1) Paragraph 1 of Schedule 3 to the Education Act 2005 is amended in accordance with this paragraph.

(2) In paragraph 1(1)(a), for “Lord Chancellor” substitute “Lord Chief Justice after consulting the Lord Chancellor”.

(3) After sub-paragraph (3) insert—

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Section 39 Gambling Act 2005

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Section 1 Iron and Steel (Compensation to Officers and Servants) ( No. 2) Regulations 1953

(1) Regulation 2 of the Iron and Steel Regulations (Compensation to Officers and Servants) (No. 2) Regulations 1953 is amended in accordance with this paragraph.

(2) In the definition of “tribunal” in paragraph (1), after “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) After that paragraph insert—

(1A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions referred to in the definition of “tribunal” in paragraph (1).

Section 2 British Transport Reorganisation (Compensation to Employees) Regulations 1962

(1) Regulation 1 of the British Transport Reorganisation (Compensation to Employees) Regulations 1962 is amended in accordance with this paragraph.

(2) In the definition of “tribunal” in paragraph (3), after “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) After that paragraph insert—

(3A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions referred to in the definition of “tribunal” in paragraph (3).

Section 3 National Assembly for Wales (Representation of the People) Order 2003

In article 112 of the National Assembly for Wales (Representation of the People) Order 2003 after “Lord Chancellor” insert “and the Lord Chief Justice”.

Section 4 Courts Boards (Appointments and Procedure) Regulations 2004

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Section 5 Courts Boards (Appointments and Procedure) Regulations 2004

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Section 6

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Section 7

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