SCHEDULES
SCHEDULE 2Powers to give directions
Part 2Powers of direction subject to the process in Part 1
Courts Act 2003 (c. 39)
8
1
Section 74 (practice directions as to practice and procedure of criminal courts) is amended as follows.
2
In subsection (1) for “The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give directions” substitute “
Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005
”
.
3
In subsection (2) for the words from “may not be given” to the end substitute
given otherwise than under subsection (1) may not be given without the approval of—
a
the Lord Chancellor, and
b
the Lord Chief Justice.
4
In subsection (3)(a) for “by the Lord Chief Justice or any other person” substitute “
under subsection (1) or otherwise
”
.
5
For subsection (4) substitute—
4
Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
a
the application or interpretation of the law;
b
the making of judicial decisions.
5
Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
a
after consulting the Lord Chancellor, and
b
with the approval of the Lord Chief Justice.