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Statutory Instruments

2006 No. 1016

LORD CHANCELLOR

LORD CHIEF JUSTICE

TRANSFER OF FUNCTIONS

The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

Made

2nd April 2006

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by section 19 and 143 of the Constitutional Reform Act 2005(1).

In accordance with section 144(4) and (5)(b), (c) and (d) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

Citation and commencementI1

1. This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 and shall come into force on the day after the day on which it is made.

Transfer and modification of functionsI2,I3

2. Schedule 1 has effect with respect to the transfer, modification and abolition of functions of the Lord Chancellor contained in primary legislation.

3. Schedule 2 has effect with respect to the transfer and modification of functions of the Lord Chancellor contained in secondary legislation.

Supplementary provisionI4

4. Schedule 3 has effect with respect to making provision supplementary to that under the Constitutional Reform Act 2005.

Falconer of Thoroton , C

Dated 2nd April 2006

Article 2

SCHEDULE 1Transfer, modification and abolition of functions of the Lord Chancellor — primary legislation

Appellate Jurisdiction Act 1876I5,I6,I7

1.The Appellate Jurisdiction Act 1876(2) is amended as follows.

2. In section 5, omit subsection (1).

3. In section 25, in the definition of “High judicial office”, omit the words “Lord Chancellor of Great Britain or of”.

Appellate Jurisdiction Act 1887I8

4.—(1)Section 3 of the Appellate Jurisdiction Act 1887(3) is amended in accordance with this paragraph.

(2) Omit “unless he is for the time being the Lord Chancellor of Great Britain”.

Matrimonial and Family Proceedings Act 1984I9

5.The Matrimonial and Family Proceedings Act 1984(4) is amended as follows.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nationality, Immigration and Asylum Act 2002

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gender Recognition Act 2004I10,I11,I12,I13,I14,I15

12.Schedule 1 to the Gender Recognition Act 2004(5) is amended as follows.

13. In paragraph 1(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.

14. After paragraph 1(1) insert—

“(1A)The Lord Chancellor may appoint a person under sub-paragraph (1) 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.”.

15. In paragraph 2(1), for “The Lord Chancellor” substitute “Subject to sub-paragraph (1A), the Lord Chancellor”.

16. After paragraph 2(1) insert—

“(1A)The Lord Chancellor may appoint a person under sub-paragraph (1) 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.”.

17. After paragraph 8 insert—

Delegation

8A.—(1)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 any of his functions under this Schedule.

(2)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 Schedule.

(3)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—

(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).”.

Traffic Management Act 2004I16,I17,I18

18.Section 81 of the Traffic Management Act 2004(6) is amended as follows.

19. For subsection (3)(b) substitute—

“(b)for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;

(c)for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—

(i)not to re-appoint a person as an adjudicator, or

(ii)to remove a person from his office as an adjudicator.”.

20. After subsection (3) insert—

“(3A)The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.”.

Civil Partnership Act 2004I19,I20,I21,I22

21.The Civil Partnership Act 2004(7) is amended as follows.

22.—(1) Section 188 is amended in accordance with this paragraph.

(2) After subsection (4) insert—

“(4A)The Lord Chancellor may make an order under subsection (4) only with the concurrence of the Lord Chief Justice of Northern Ireland.”.

23. In paragraph 47 of Schedule 6, after sub-paragraph (2) insert—

“(3)The Lord Chancellor may make a determination for the purposes of sub-paragraph (1) only with the concurrence of the Lord Chief Justice.

(4)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 paragraph.”.

24.—(1) Paragraph 2 of Schedule 16 is amended in accordance with this paragraph.

(2) In sub-paragraph (2)(b), after “may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”.

Pensions Act 2004

F425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of Terrorism Act 2005I23

29.—(1)Paragraph 6 of the Schedule to the Prevention of Terrorism Act 2005(8) is amended in accordance with this paragraph.

(2) After sub-paragraph (1) insert—

“(1A)The Lord Chancellor may appoint an adviser under this paragraph only with the concurrence of the appropriate senior judge.”.

(3) After sub-paragraph (3) insert—

“(4)In this paragraph “the appropriate senior judge” means—

(a)in relation to an adviser who may be called in aid wholly or mainly in Scotland, the Lord President of the Court of Session;

(b)in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland, the Lord Chief Justice of Northern Ireland;

(c)in any other case, the Lord Chief Justice of England and Wales.

(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 any of his functions under this paragraph.

(6)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 paragraph.

(7)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(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).”.

Mental Capacity Act 2005I24,I25,I26,I27,I28,I29,I30

30.The Mental Capacity Act 2005(9) is amended as follows.

31.—(1) Section 21 is amended in accordance with this paragraph.

(2) That section becomes subsection (1) of section 21.

(3) In that subsection for “Lord Chancellor” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”.

(4) After that subsection insert—

“(2)The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)the President of the Court of Protection;

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).”.

32.—(1) Section 45 is amended in accordance with this paragraph.

(2) In subsection (4) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice”.

(3) In subsection (5) after “may” insert “, after consulting the Lord Chief Justice,”.

(4) After subsection (5) insert—

“(5A)The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)the President of the Court of Protection;

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).”.

33.—(1) Section 46 is amended in accordance with this paragraph.

(2) In subsection (1)(a), for “Lord Chancellor” substitute “Lord Chief Justice”.

(3) For subsection (1)(b) substitute—

“(b)where nominated by the Lord Chief Justice to act on his behalf under this subsection—

(i)the President of the Court of Protection; or

(ii)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).”.

(4) In subsection (3), for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor,”.

(5) In subsection (4)—

(a)for “Lord Chancellor” in the first place substitute “Lord Chief Justice, after consulting the Lord Chancellor,”;

(b)after “Lord Chancellor” in the second place insert “, after consulting the Lord Chief Justice,”.

34. For section 51(1) substitute—

“(1)Rules of court with respect to the practice and procedure of the court (to be called “Court of Protection Rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.”.

35. For section 52 substitute—

““52Practice directions

(1)Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

(2)Practice directions given otherwise than under subsection (1) may not be given without the approval of—

(a)the Lord Chancellor, and

(b)the Lord Chief Justice.

(3)The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)the President of the Court of Protection;

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).”.

F536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37.—(1) Section 65 is amended in accordance with this paragraph.

(2) In subsection (1), after “this Act” insert “, other than the power in section 21”.

(3) After subsection (4) insert—

“(5)An order under section 21—

(a)may include supplementary, incidental, consequential, transitional or saving provision;

(b)may make different provision for different cases;

(c)is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and

(d)is subject to annulment in pursuance of a resolution of either House of Parliament.”.

Education Act 2005I31

38.—(1)Paragraph 1 of Schedule 3 to the Education Act 2005(10) is amended in accordance with this paragraph.

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

(3) After sub-paragraph (3) insert—

“(4)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 paragraph.”.

Gambling Act 2005

F639. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

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

Iron and Steel (Compensation to Officers and Servants) (No. 2) Regulations 1953I32

1.—(1)Regulation 2 of the Iron and Steel Regulations (Compensation to Officers and Servants) (No. 2) Regulations 1953(11) 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 1962I33

2.—(1)Regulation 1 of the British Transport Reorganisation (Compensation to Employees) Regulations 1962(12) 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 2003I34

3. In article 112 of the National Assembly for Wales (Representation of the People) Order 2003(13) after “Lord Chancellor” insert “and the Lord Chief Justice”.

Courts Boards (Appointments and Procedure) Regulations 2004

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4

SCHEDULE 3Supplementary provisionI35

In section 146(8) of the Copyright, Designs and Patents Act 1988(14), after “functions” in both places where it occurs insert “, or the person to be appointed is to exercise functions,”.

(2)

1876 c. 59. Section 25 was amended by Schedule 1 to the Statute Law Revision Act 1894 (c. 56), Schedule 2 to the Administration of Justice Act 1965 (c. 2), Schedule 5 the Justices of the Peace Act 1968 (c. 69) and by Schedule 5 the Judicature (Northern Ireland) Act 1978 (c. 23).

(3)

1887 c. 70. Section 3 was amended by paragraph 1(1) of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c. 8).

(4)

1984 c. 42. Sections 36A and 36D were inserted by paragraph 92 of Schedule 27 to the Civil Partnership Act 2004 (c. 33).

(11)

S.I. 1953/1849; paragraph 2(1) was amended by S.I. 1967/1370.

(12)

S.I. 1962/2834.

(13)

S.I. 2003/284.

(14)

1988 c. 48. Section 146(8) was inserted by the paragraph 199 of Schedule 4 to the Constitutional Reform Act 2005.

Status: There are currently no known outstanding effects for The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006.
The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (2006/1016)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Sch. 1 para. 6 revoked (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Sch. 1 para. 7 revoked (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F3Sch. 1 paras. 8-11 revoked (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 3
F3Sch. 1 paras. 8-11 revoked (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 3
F3Sch. 1 paras. 8-11 revoked (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 3
F3Sch. 1 paras. 8-11 revoked (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 3
F4Sch. 1 paras. 25-28 revoked (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(g), Sch. 4 Pt. 2: England, Wales and Scotland
F4Sch. 1 paras. 25-28 revoked (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(g), Sch. 4 Pt. 2: England, Wales and Scotland
F4Sch. 1 paras. 25-28 revoked (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(g), Sch. 4 Pt. 2: England, Wales and Scotland
F4Sch. 1 paras. 25-28 revoked (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(g), Sch. 4 Pt. 2: England, Wales and Scotland
F5Sch. 1 para. 36 revoked (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 2 para. 6 (with art. 2)this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F6Sch. 1 para. 39 revoked (E.W.S.) (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 4 Pt. 1: England, Wales and Scotland
F7Sch. 2 paras. 4-7 revoked (E.W.) (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 15: England and Wales
F7Sch. 2 paras. 4-7 revoked (E.W.) (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 15: England and Wales
F7Sch. 2 paras. 4-7 revoked (E.W.) (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 15: England and Wales
F7Sch. 2 paras. 4-7 revoked (E.W.) (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 15: England and Wales
I1Art. 1 in force at 3.4.2006, see art. 1
I2Art. 2 in force at 3.4.2006, see art. 1
I3Art. 3 in force at 3.4.2006, see art. 1
I4Art. 4 in force at 3.4.2006, see art. 1
I5Sch. 1 para. 1 in force at 3.4.2006, see art. 1
I6Sch. 1 para. 2 in force at 3.4.2006, see art. 1
I7Sch. 1 para. 3 in force at 3.4.2006, see art. 1
I8Sch. 1 para. 4 in force at 3.4.2006, see art. 1
I9Sch. 1 para. 5 in force at 3.4.2006, see art. 1
I10Sch. 1 para. 12 in force at 3.4.2006, see art. 1
I11Sch. 1 para. 13 in force at 3.4.2006, see art. 1
I12Sch. 1 para. 14 in force at 3.4.2006, see art. 1
I13Sch. 1 para. 15 in force at 3.4.2006, see art. 1
I14Sch. 1 para. 16 in force at 3.4.2006, see art. 1
I15Sch. 1 para. 17 in force at 3.4.2006, see art. 1
I16Sch. 1 para. 18 in force at 3.4.2006, see art. 1
I17Sch. 1 para. 19 in force at 3.4.2006, see art. 1
I18Sch. 1 para. 20 in force at 3.4.2006, see art. 1
I19Sch. 1 para. 21 in force at 3.4.2006, see art. 1
I20Sch. 1 para. 22 in force at 3.4.2006, see art. 1
I21Sch. 1 para. 23 in force at 3.4.2006, see art. 1
I22Sch. 1 para. 24 in force at 3.4.2006, see art. 1
I23Sch. 1 para. 29 in force at 3.4.2006, see art. 1
I24Sch. 1 para. 30 in force at 3.4.2006, see art. 1
I25Sch. 1 para. 31 in force at 3.4.2006, see art. 1
I26Sch. 1 para. 32 in force at 3.4.2006, see art. 1
I27Sch. 1 para. 33 in force at 3.4.2006, see art. 1
I28Sch. 1 para. 34 in force at 3.4.2006, see art. 1
I29Sch. 1 para. 35 in force at 3.4.2006, see art. 1
I30Sch. 1 para. 37 in force at 3.4.2006, see art. 1
I31Sch. 1 para. 38 in force at 3.4.2006, see art. 1
I32Sch. 2 para. 1 in force at 3.4.2006, see art. 1
I33Sch. 2 para. 2 in force at 3.4.2006, see art. 1
I34Sch. 2 para. 3 in force at 3.4.2006, see art. 1
I35Sch. 3 in force at 3.4.2006, see art. 1
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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