SCHEDULE 2Transfer and modification of functions of the Lord Chancellor — secondary legislation

Article 3

Iron and Steel (Compensation to Officers and Servants) (No. 2) Regulations 19531

1

Regulation 2 of the Iron and Steel Regulations (Compensation to Officers and Servants) (No. 2) Regulations 195314 is amended in accordance with this paragraph.

2

In the definition of “tribunal” in paragraph (1), after “Lord Chancellor” insert “and the Lord Chief Justice”.

3

After that paragraph 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 referred to in the definition of “tribunal” in paragraph (1).

British Transport Reorganisation (Compensation to Employees) Regulations 19622

1

Regulation 1 of the British Transport Reorganisation (Compensation to Employees) Regulations 196215 is amended in accordance with this paragraph.

2

In the definition of “tribunal” in paragraph (3), after “Lord Chancellor” insert “and the Lord Chief Justice”.

3

After that paragraph insert—

3A

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 referred to in the definition of “tribunal” in paragraph (3).

National Assembly for Wales (Representation of the People) Order 20033

In article 112 of the National Assembly for Wales (Representation of the People) Order 200316 after “Lord Chancellor” insert “and the Lord Chief Justice”.

Courts Boards (Appointments and Procedure) Regulations 2004

4

The Courts Boards (Appointments and Procedure) Regulations 200417 are amended as follows.

5

1

Regulation 8 is amended in accordance with this paragraph.

2

In paragraph (2), for “paragraph (3)”, substitute “paragraphs (2A) and (3)”.

3

After paragraph (2) insert—

2A

The Lord Chancellor must not re-appoint a judge under paragraph (2) unless the Lord Chief Justice concurs.

6

In regulation 9, after paragraph (2) insert—

2A

The Lord Chancellor must not suspend or remove a judge from office under paragraph (2) unless the Lord Chief Justice concurs.

7

After regulation 12 insert—

Delegation by Lord Chief Justice13

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 these Regulations.