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Part 2 Judiciary-related functions and organisation of the courts



The rule of law

Lord Chancellor to be qualified by experience

The Supreme Court

The Judicial Appointments Commission

Merit and good character

Disciplinary powers

Interpretation of Part 4

Disclosure of information to the Northern Ireland Judicial Appointments Commission

Removal from most senior judicial offices

Parliamentary disqualification

Confidentiality

Powers to make rules

Part 2

Powers to give directions

Part 2

Transfer of appointment functions to Her Majesty

Other functions of the Lord Chancellor and organisation of the courts

Part 2

Functions under legislation relating to Northern Ireland

Part 2

Speakership of the House of Lords

Protected functions of the Lord Chancellor

Supreme Court selection commissions

Part 2

Part 3

Amendments relating to jurisdiction of the Supreme Court

Part 2

Proceedings under jurisdiction transferred to Supreme Court

Renaming of the Supreme Courts of England and Wales and Northern Ireland

Part 2

Part 3

Part 4

The Judicial Appointments Commission

Part 2

The Judicial Appointments and Conduct Ombudsman

The Judicial Appointments Commission: Relevant Offices and Enactments

Part 2

Part 3

Northern Ireland Judicial Appointments Ombudsman

Judicial Committee of the Privy Council

Minor and consequential amendments

Part 2

Part 3

Repeals and revocations

Part 2

Part 3

Part 4

Part 5

Part 6



Constitutional Reform Act 2005
2005 Chapter 4 - continued
SCHEDULE 18, REPEALS AND REVOCATIONS - continued

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 PART 2
 JUDICIARY-RELATED FUNCTIONS AND ORGANISATION OF THE COURTS
 
 
Reference
 
Extent of repeal or revocation
 
Habeas Corpus Act 1679 (c. 2)
 
In section 1 "the lord chauncelior or lord keeper of the great seale of England for the time being or".
In section 2-
     (a) "the lord chauncellour or lord keeper or" in each place;
     (b) "lord chauncellor lord keeper";
     (c) "the said lord chauncellor or lord keeper or" in the first and second places;
     (d) "lord chauncellor or lord keeper or" in the last place.
In section 9 "the said lord chauncellor or lord keeper or".
 
Pluralities Act 1838 (c. 106)
 
In section 126 "or persons".
In section 128 "or persons" in the second place.
 
Ecclesiastical Leasing Act 1842 (c. 108)
 
In section 22 "or persons".
 
British Law Ascertainment Act 1859 (c. 63)
 
In section 5 "the Lord Chancellor,".
 
Compensation (Defence) Act 1939 (c. 75)
 
Section 9(1)(a).
Section 18(2).
 
Pensions Appeal Tribunals Act 1943 (c. 39)
 
Section 13.
Section 14.
 
Agriculture Act 1947 (c. 48)
 
In section 108(1) "by the Minister" in the second place.
 
Lands Tribunal Act 1949 (c. 42)
 
In section 2(9)(a) "to the Lord President of the Court of Session or, in subsections (5) to (7),".
 
Land Powers (Defence) Act 1958 (c. 30)
 
In Schedule 2, paragraphs 10 and 11.
 
Mental Health Act 1959 (c. 72)
 
In section 145 "or the Lord Chancellor".
 
Administration of Justice Act 1960 (c. 65)
 
In section 14(2) "; and no such application shall in any case be made to the Lord Chancellor".
 
Parliamentary Commissioner Act 1967 (c. 13)
 
In Schedule 2 in the note relating to the Department for Constitutional Affairs "the Lord Chancellor's Department and".
 
Transport Act 1962 (c. 46)
 
In Schedule 11, paragraph 10.
 
Courts Act 1971 (c. 23)
 
In section 24(1)-
     (a) ", he may";
     (b) in paragraph (a) "or" in the last place where it occurs.
In Schedule 10, paragraphs 3 and 4.
 
Land Charges Act 1972 (c. 61)
 
In section 16(2) "of the Lord Chancellor, with the concurrence of the Secretary of State,".
 
Hearing Aid Council Act 1968 (c. 50)
 
In section 13 "on the Lord Chancellor".
 
Rent (Agriculture) Act 1976 (c. 80)
 
Section 26(5).
 
Rent Act 1977 (c. 42)
 
Section 142.
 
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
 
In section 2(3), the second paragraph.
 
Housing Act 1980 (c. 51)
 
Section 86(4) to (6).
 
Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)
 
Article 10(b) and (c).
Article 11(b) and (c).
 
Judicial Pensions Act 1981 (c. 20)
 
In section 1 in the entry beginning "Judge of the Supreme Court" in the first column of the table ", other than the Lord Chancellor".
 
Supreme Court Act 1981 (c. 54)
 
Section 1(2).
In section 2-
     (a) subsection (2)(a);
     (b) in subsection (6) "Lord Chancellor,".
In section 4-
     (a) subsection (1)(a);
     (b) in subsection (6) "Lord Chancellor,".
In section 7 "the Lord Chancellor,".
In section 9(2) the words after the definition of "relevant court".
In section 11(1) "except the Lord Chancellor".
In section 12(1) ", other than the Lord Chancellor,".
In section 44(2), "the Lord Chancellor,".
Section 84(8).
In section 91(1)(a) "or III".
 
Mental Health Act 1983 (c. 20)
 
In section 94(1) "by the Lord Chancellor or".
In section 96(3) "the Lord Chancellor or".
In section 104(3) "the Lord Chancellor or" in both places.
In section 105(2) "from any decision of the Lord Chancellor or".
In section 111-
     (a) in subsection (1) "by the Lord Chancellor or";
     (b) in subsection (2) "the Lord Chancellor or";
     (c) in subsection (4)(a) "the Lord Chancellor or";
     (d) in subsection (4)(b) "the Lord Chancellor,".
In Schedule 2, in paragraph 1(b) and (c) "after consultation with the Secretary of State".
 
Pastoral Measure 1983 (1983 No. 1)
 
In section 81(2)-
     (a) in paragraph (a) the words from ", or a" to "books" and "last-mentioned";
     (b) paragraph (b).
 
County Courts Act 1984 (c. 28)
 
Section 74A.
 
Matrimonial and Family Proceedings Act 1984 (c. 42)
 
Section 40(5).
 
Housing Act 1985 (c. 68)
 
Section 111.
Section 181(4) and (5).
Section 572(4) to (6).
 
Coroners Act 1988 (c. 13)
 
In section 33(2)(a) "the Lord Chancellor or".
 
Finance Act 1988 (c. 39)
 
Section 134(4).
 
Courts and Legal Services Act 1990 (c. 41)
 
Section 11(10).
 
Child Support Act 1991 (c. 48)
 
In section 52(1) "the Lord Chancellor,".
 
Tribunals and Inquiries Act 1992 (c. 53)
 
Section 6(9).
In section 7(1) ", other than the Lord Chancellor,".
 
Judicial Pensions and Retirement Act 1993 (c. 8)
 
In section 26(7)-
     (a) in paragraph (a) ", unless he is the Lord Chancellor";
     (b) in paragraph (b) ", unless he is the Lord Chancellor".
In Schedule 5, in the second entry ", other than the Lord Chancellor".
 
Employment Tribunals Act 1996 (c. 17)
 
In section 22(1)(a) "(other than the Lord Chancellor)".
 
Housing Act 1996 (c. 52)
 
Section 138(4) to (6).
Section 143N(5) to (7).
 
Civil Procedure Act 1997 (c. 12)
 
In section 1(3) "or alter".
In section 3(6) "Subject to subsection (7),".
Section 3(7).
 
Justices of the Peace Act 1997 (c. 25)
 
In section 24(5) "by the Lord Chancellor".
 
Terrorism Act 2000 (c. 11)
 
In section 74-
     (a) in paragraph (a) from "the Lord Chancellor" to "directs that";
     (b) in paragraph (b) "the Lord Chief Justice of Northern Ireland directs that".
 
Criminal Justice and Court Services Act 2000 (c. 43)
 
In section 76(1) "the Lord Chancellor or".
In section 77(1) "The Lord Chancellor or".
 
Enterprise Act 2002 (c. 40)
 
In section 268(7) "made with the concurrence of the Lord Chancellor".
 
Nationality, Immigration and Asylum Act 2002 (c. 41)
 
In section 16(3)(a) "of the Lord Chancellor".
 
Criminal Justice Act 2003 (c. 44)
 
In section 330(1)(b) "on the Lord Chancellor".
 
Courts Act 2003 (c. 39)
 
In section 64-
     (a) in subsection (2) "Vice-Chancellor";
     (b) subsection (4)(a).
In section 69(4) "or alter".
In section 72(6), "Subject to subsection (7),".
Section 72(7).
In section 75(5) "or alter".
Section 77(4).
In section 79(6), "Subject to subsection (7),".
Section 79(7).
Section 107(6), "by the Lord Chancellor".
Section 168(2).
 
Armed Forces (Pensions and Compensation) Act 2004 (c. 32)
 
In Schedule 1, paragraphs 8 and 9.
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