21(1)The Compensation (Defence) Act 1939 is amended as follows.U.K.
(2)For the title to section 9 substitute “ Incidental powers of tribunals and rules of procedure ”.
(3)Omit section 9(1)(a) (powers of tribunals to make rules of procedure).
(4)After section 9(1) insert—
“(1A)Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act.
(1B)Such rules are to be made as follows—
(a)if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor;
(b)if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session;
(c)if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.”
(5)In subsection (2) for the words from the beginning to “subsection” substitute “ Such rules ”.
(6)After subsection (3) insert—
“(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).”
22U.K.In section 18 (application to Scotland and Northern Ireland)—
(a)omit subsection (2);
(b)for subsection (4) substitute—
“(4)Sections seven and nine of this Act shall have effect with these modifications—
(a)in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session;
(b)in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.”