| Constitutional Reform Act 2005 |
| 2005 Chapter 4 - continued |
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| | S C H E D U L E S |
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SCHEDULE 1
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| Section 12 |
| | POWERS TO MAKE RULES |
| | PART 1 |
| | THE PROCESS |
| | Interpretation
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| 1 | In this Part "designated rules" means rules under another Act which are, by virtue of provision in that Act, to be made in accordance with this Part.
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| | The process
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| 2 | (1) It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules.
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| | (2) The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)-
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| | (a) to make designated rules generally, or |
| | (b) to make designated rules under a particular enactment. |
| | (3) In this Part-
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| | (a) "judicial office holder" has the same meaning as in section 109(4); |
| | (b) references to the Lord Chief Justice's nominee, in relation to designated rules, mean a judicial office holder nominated by the Lord Chief Justice under sub-paragraph (1) to make those rules. |
| 3 | (1) The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor.
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| | (2) If the Lord Chancellor does not agree designated rules made by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the rules.
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| 4 | (1) Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor-
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| | (a) come into force on such day as the Lord Chancellor directs, and |
| | (b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown. |
| | (2) A statutory instrument containing designated rules is subject to annulment in pursuance of a resolution of either House of Parliament.
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| 5 | (1) This paragraph applies if the Lord Chancellor gives the Lord Chief Justice, or his nominee, written notice that he thinks it is expedient for designated rules to include provision that would achieve a purpose specified in the notice.
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| | (2) The Lord Chief Justice, or his nominee, must make such designated rules as he considers necessary to achieve the specified purpose.
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| | (3) Those rules must be-
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| | (a) made within a reasonable period after the Lord Chancellor gives notice under sub-paragraph (1); |
| | (b) made in accordance with the provisions of this Part. |
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