The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006

• Citation: S.I. 2006/680
• Sections: 95

Section 1 Citation and commencement

This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 and shall come into force on 3rd April 2006.

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.

Section 3 Supplementary provisions

Schedule 2 has effect with respect to making provisions supplementary to those under the Constitutional Reform Act 2005.

Section 1 Pensions Appeal Tribunals (England and Wales) Regulations 1926

The Pensions Appeal Tribunals (England and Wales) Regulations 1926 are amended as follows.

Section 2 Pensions Appeal Tribunals (England and Wales) Regulations 1926

In regulation 39, after “Lord Chancellor” insert “, after consulting the Lord Chief Justice,”.

Section 3 Pensions Appeal Tribunals (England and Wales) Regulations 1926

In regulation 40, after “Lord Chancellor” insert “after consulting the Lord Chief Justice”.

Section 4 Pensions Appeal Tribunals (England and Wales) Regulations 1926

After regulation 40 insert—

(40A) 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 regulation 39 or 40.

Section 5 Treaty of Peace (Bulgaria) Order 1948

(1) Article 1 of the Treaty of Peace (Bulgaria) Order 1948 is amended in accordance with this paragraph.

(2) In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.

(3) After paragraph (10) insert—

(11) 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 paragraph (5) of this Article.

Section 6 Treaty of Peace (Hungary) Order 1948

(1) Article 1 of the Treaty of Peace (Hungary) Order 1948 is amended in accordance with this paragraph.

(2) In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.

(3) After paragraph (10) insert—

(11) 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 paragraph (5) of this Article.

Section 7 Treaty of Peace (Italy) Order 1948

(1) Article 1 of the Treaty of Peace (Italy) Order 1948 is amended in accordance with this paragraph.

(2) In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.

(3) After paragraph (10) insert—

(11) 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 paragraph (5) of this Article.

Section 8 Treaty of Peace (Roumania) Order 1948

(1) Article 1 of the Treaty of Peace (Roumania) Order 1948 is amended in accordance with this paragraph.

(2) In paragraph (5)(d), for “Lord Chancellor” substitute “Lord Chief Justice (with the concurrence of the Lord Chancellor)”.

(3) After paragraph (10) insert—

(11) 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 paragraph (5) of this Article.

Section 9 Town and Country Planning (Transfer of Property and Officers and Compensation to Officers) Regulations 1948

The Town and Country Planning (Transfer of Property and Officers and Compensation to Officers) Regulations 1948 are amended as follows.

Section 10 Town and Country Planning (Transfer of Property and Officers and Compensation to Officers) Regulations 1948

In the definition of “tribunal” in regulation 14, after “Lord Chancellor” insert “and the Lord Chief Justice”.

Section 11 Town and Country Planning (Transfer of Property and Officers and Compensation to Officers) Regulations 1948

After regulation 14 insert—

(14A) 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 regulation 14.

Section 12 National Assistance (Compensation) Regulations 1948

The National Assistance (Compensation) Regulations 1948 are amended as follows.

Section 13 National Assistance (Compensation) Regulations 1948

In the definition of “tribunal” in regulation 2, after “Lord Chancellor” insert “and the Lord Chief Justice”.

Section 14 National Assistance (Compensation) Regulations 1948

After regulation 2 insert—

(2A) 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 regulation 2.

Section 15 National Insurance and Civil Service (Superannuation) Rules 1948

(1) Rule 1 of the National Insurance and Civil Service (Superannuation) Rules 1948 is amended in accordance with this paragraph.

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

(3) After that paragraph insert—

(2A) 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 (2).

Section 16 Transferred Undertakings (Pensions of Employees) (No. 2) Regulations 1952

(1) Regulation 1 of the Transferred Undertakings (Pensions of Employees) (No. 2) Regulations 1952 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 17 British Transport Commission (Pensions of Employees) Regulations 1953

(1) Regulation 1 of the British Transport Commission (Pensions of Employees) Regulations 1953 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 18 Railway Clearing House Scheme Order 1954

(1) Paragraph 5 of the Schedule to the Railway Clearing House Scheme Order 1954 is amended in accordance with this paragraph.

(2) In sub-paragraph (1), after “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) After that sub-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 sub-paragraph (1).

Section 19 Justices of the Peace Act 1949 (Compensation) Regulations 1954

The Justices of the Peace Act 1949 (Compensation) Regulations 1954 are amended as follows.

Section 20 Justices of the Peace Act 1949 (Compensation) Regulations 1954

In the definition of “tribunal” in regulation 2 after “Lord Chancellor” insert “and the Lord Chief Justice”.

Section 21 Justices of the Peace Act 1949 (Compensation) Regulations 1954

After regulation 2 insert—

(2A) 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 regulation 2.

Section 22 Juvenile Courts (Constitution) Rules 1954

(1) Rule 1 of the Juvenile Courts (Constitution) Rules 1954 is amended in accordance with this paragraph.

(2) In paragraph (5)(b), for “Lord Chancellor” substitute “Lord Chief Justice”.

(3) After that paragraph insert—

(6) 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 paragraph (5)(b).

Section 23 British Transport Reorganisation (Pensions of Employees) (No. 4) Order 1962

(1) Article 1 of the British Transport Reorganisation (Pensions of Employees) (No. 4) Order 1962 is amended in accordance with this paragraph.

(2) In the definition of “tribunal” in paragraph (4), after “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) After that paragraph insert—

(4A) 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 (4).

Section 24 Local Government (Compensation) Regulations 1963

(1) Regulation 2 of the Local Government (Compensation) Regulations 1963 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 25 Water Officers (Compensation) Regulations 1964

(1) Regulation 2 of the Water Officers (Compensation) Regulations 1964 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 26 London Government (Compensation) Regulations 1964

(1) Regulation 2 of the London Government (Compensation) Regulations 1964 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 27 London Authorities (Staff) Order 1965

The London Authorities (Staff) Order 1965 is amended as follows.

Section 28 London Authorities (Staff) Order 1965

(1) Article 12 is amended in accordance with this paragraph.

(2) 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 under paragraph (1).

Section 29 London Authorities (Staff) Order 1965

(1) Article 13 is amended in accordance with this paragraph.

(2) 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 under paragraph (1).

Section 30 London Authorities (Staff) Order 1965

(1) Article 18 is amended in accordance with this paragraph.

(2) After “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) At the end of that article add—

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 article.

Section 31 Justices of the Peace Act 1949 (Compensation) Regulations 1965

(1) Regulation 2 of the Justices of the Peace Act 1949 (Compensation) Regulations 1965 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—

(1AA) 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 32 Clerks of the Peace and Justices' Clerks (Compensation) Regulations 1965

(1) Regulation 2 of the Clerks of the Peace and Justices' Clerks (Compensation) Regulations 1965 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—

(1AA) 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 33 Coroners (Compensation) Regulations 1965

(1) Regulation 2 of the Coroners (Compensation) Regulations 1965 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 34 Probation (Compensation) Regulations 1965

(1) Regulation 2 of the Probation (Compensation) Regulations 1965 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—

(1AA) 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 35 London Government (Probation Staff and Property) Order 1965

The London Government (Probation Staff and Property) Order 1965 is amended as follows.

Section 36 London Government (Probation Staff and Property) Order 1965

(1) Article 3 is amended in accordance with this paragraph.

(2) In paragraph (6), after “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) After that paragraph insert—

(6A) 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 paragraph (6).

Section 37 London Government (Probation Staff and Property) Order 1965

(1) Article 4 is amended in accordance with this paragraph.

(2) 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 paragraph (1).

Section 38 London Courts (Transfer of Staff) Order 1965

The London Courts (Transfer of Staff) Order 1965 is amended as follows.

Section 39 London Courts (Transfer of Staff) Order 1965

(1) Article 3 is amended in accordance with this paragraph.

(2) In paragraph (6), after “Lord Chancellor” insert “and the Lord Chief Justice”.

(3) After that paragraph insert—

(6A) 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 paragraph (6).

Section 40 London Courts (Transfer of Staff) Order 1965

(1) Article 4 is amended in accordance with this paragraph.

(2) 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 paragraph (1).

Section 41 River Authorities (Compensation) Regulations 1965

(1) Regulation 2 of the River Authorities (Compensation) Regulations 1965 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 42 British Transport (Pensions of Employees) (No. 2) Order 1968

(1) Article 1 of the British Transport (Pensions of Employees) (No. 2) Order 1968 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 43 Pensions Appeal Tribunals (England and Wales) Rules 1980

The Pensions Appeal Tribunals (England and Wales) Rules 1980 are amended as follows.

Section 44 Pensions Appeal Tribunals (England and Wales) Rules 1980

In rules 5A and 38, for “Lord Chancellor” substitute “Lord Chief Justice”.

Section 45 Pensions Appeal Tribunals (England and Wales) Rules 1980

After rule 38 insert—

Delegation by the Lord Chief Justice

(38A) 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 rules 5A and 38.

Section 46 District Probate Registries Order 1982

(1) Article 4 of the District Probate Registries Order 1982 is amended in accordance with this paragraph.

(2) That article becomes paragraph (1) of article 4.

(3) In that paragraph, for “may be specified by the Lord Chancellor” substitute “the Lord Chancellor, after consulting the Lord Chief Justice, may specify”.

(4) After that paragraph insert—

(2) 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 rules 5A and 38.

Section 47 Mental Health Review Tribunal Rules 1983

(1) Rule 8 of the Mental Health Review Tribunal Rules 1983 is amended in accordance with this paragraph.

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

(3) After that paragraph 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 referred to in paragraph (3).