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SCHEDULES

SCHEDULE 4U.K.Other functions of the Lord Chancellor and organisation of the courts

Part 1 U.K.Amendments

Judicial Pensions Act 1981 (c. 20)U.K.

109U.K.The Judicial Pensions Act 1981 is amended as follows.

110U.K.In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit “, other than the Lord Chancellor”.

111(1)Section 5 (Circuit Judge in England and Wales) is amended as follows.U.K.

(2)After subsection (1) insert—

(1A)The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making a recommendation in a case that falls within subsection (1)(b) or (c).

(3)After subsection (6) insert—

(7)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.

112(1)Section 7 (stipendiary magistrates in England and Wales) is amended as follows.U.K.

(2)After subsection (1) insert—

(1A)The Lord Chancellor must consult the Lord Chief Justice before making a recommendation in a case that falls within subsection (1)(b).

(3)After subsection (6) insert—

(7)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.

113(1)Section 13 (Social Security Commissioners) is amended as follows.U.K.

(2)After subsection (1) insert—

(1A)In a case that falls within subsection (1)(c), the Lord Chancellor must consult—

(a)the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales;

(b)the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland;

(c)the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.

(3)After subsection (6)—

(7)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.

(8)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.

(9)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).