367U.K.The Restrictive Practices Court Act 1976 is amended as follows.
368(1)In section 1 (the Court), after subsection (3) insert—U.K.
“(3A)The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.
(3B)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 this section.
(3C)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(3D)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(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).”
(2)In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
369(1)Section 2 (judges of the Court) is amended as follows.U.K.
(2)In subsections (1)(a) and (3) for “Lord Chancellor” substitute “ Lord Chief Justice of England and Wales ”.
(3)After subsection (4) insert—
“(5)The functions conferred on the Lord Chief Justice of England and Wales or on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.
(6)The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.
(7)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 this section.
(8)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(9)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(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).”
(4)In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
370(1)Section 3 (non-judicial members) is amended as follows.U.K.
(2)After subsection (3) insert—
“(4)The Lord Chancellor may exercise his functions under subsection (2)(b) only with the concurrence of the appropriate senior judge.
(5)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a)the member to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b)the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.”
(3)In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
371(1)Section 4 (provision for additional judges or members) is amended as follows.U.K.
(2)In subsection (1), in paragraph (a) after “consultation with” insert “ the Lord Chief Justice of England and Wales, ”.
(3)After subsection (2) insert—
“(3)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 this section.
(4)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(5)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(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).”
(4)In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
372(1)Section 6 (administration) is amended as follows.U.K.
(2)In subsection (5) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice of England and Wales, ”.
(3)After subsection (6) insert—
“(7)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 this section.”
(4)In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
373(1)In section 9 (procedure), in subsection (1) for “Lord Chancellor” substitute “ president of the Court with the concurrence of the Lord Chancellor ”.U.K.
(2)In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).