SCHEDULES

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Part 1Amendments

Extradition Act 2003 (c. 41)

352

The Extradition Act 2003 is amended as follows.

353

1

Section 67 (the appropriate judge) is amended as follows.

2

In subsection (1)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”.

3

In subsection (1)(c) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”.

4

After subsection (4) insert—

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 his functions under subsection (1)(a).

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

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).

354

1

Section 139 (the appropriate judge) is amended as follows.

2

In subsection (1)(a) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor ”.

3

In subsection (1)(c) for “Lord Chancellor” substitute “ Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor ”.

4

After subsection (4) insert—

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 his functions under subsection (1)(a).

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)(c)—

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).

355

In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)—

a

in paragraph (a) for “by the Lord Chancellor” substitute “ under section 67 ”;

b

in paragraph (b) for “by the Lord Chancellor” substitute “ under section 139 ”.