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.