SCHEDULES
SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts
Part 1Amendments
Courts and Legal Services Act 1990 (c. 41)
211
The Courts and Legal Services Act 1990 is amended as follows.
I1212
1
Section 1 (allocation of business between High Court and county courts) is amended as follows.
2
After subsection (1) insert—
1A
An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.
3
In subsection (9) for “the President of the Family Division, the Vice-Chancellor” substitute “
the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court
”
.
4
After subsection (12) insert—
13
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 section.
213
In section 9 (allocation of family proceedings which are within the jurisdiction of the county courts), in subsection (1) for the words from the beginning to “Family Division,” substitute “
The President of the Family Division may, after consulting the Lord Chancellor,
”
.
214
1
Section 11 (representation in certain county court cases) is amended as follows.
2
In subsection (1) after “Lord Chancellor may” insert “
, with the concurrence of the Lord Chief Justice,
”
.
3
Omit subsection (10).
4
After subsection (11) insert—
12
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 subsection (1) or (2).
215
1
Section 73 (delegation of certain administrative functions of Master of the Rolls) is amended as follows.
2
In subsection (3)—
a
for “Lord Chancellor may” substitute “
Lord Chief Justice may, with the concurrence of the Lord Chancellor,
”
;
b
for “Lord Chancellor considers” substitute “
Lord Chief Justice and Lord Chancellor consider
”
.
3
After subsection (5) insert—
6
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 subsection (3).
216
In section 119 (interpretation), in subsection (1) in the definition of “designated judge” for “the President of the Family Division or the Vice-Chancellor” substitute “
the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court
”
.