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SCHEDULES

SCHEDULE 4U.K.Other functions of the Lord Chancellor and organisation of the courts

Part 1 U.K.Amendments

Access to Justice Act 1999 (c. 22)U.K.

279U.K.The Access to Justice Act 1999 is amended as follows.

280(1)Section 56 (power to prescribe alternative destination of appeals) is amended as follows.U.K.

(2)In subsection (4) for paragraphs (c) and (d) substitute—

(c)the President of the Queen's Bench Division,

(d)the President of the Family Division, and

(e)the Chancellor of the High Court.

(3)After subsection (7) insert—

(8)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 section.

Commencement Information

I1Sch. 4 para. 280 wholly in force at 3.4.2006; Sch. 4 para. 280 not in force at Royal Assent see s. 148; Sch. 4 para. 280(2) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para. 280 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014 {art. 2(a)}, Sch. 1 para. 11(w)

281(1)Section 68 (judges holding office in European or international courts) is amended as follows.U.K.

(2)In subsection (2), in the definition of “relevant international court” for “for the purposes of this section by the Lord Chancellor or the Secretary of State” substitute “ in relation to the holder of a United Kingdom judicial office by the appropriate Minister ”.

(3)In subsection (6) for “subsection (5)” substitute “ this section ”.

(4)After subsection (7) insert—

(8)The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (a) of the definition in subsection (2) only after consulting the Lord Chief Justice of England and Wales.

(9)The Lord Chancellor may exercise functions under this section in relation to the holder of a United Kingdom judicial office specified in paragraph (c) of the definition in subsection (2) only after consulting the Lord Chief Justice of Northern Ireland.

(10)The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (8).

(11)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (9)—

(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).

282(1)Section 69 (Vice-President of Queen's Bench division) is amended as follows.U.K.

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

(3)After subsection (1) 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 subsection (1).