The Secretary of State for Justice Order 2007

PART 1ACTS AND MEASURES

Church Commissioners Measure 1947 (No. 2)

1.  In paragraph 1(a) of Schedule 1 to the Church Commissioners Measure 1947(1), for “Secretary of State for the Home Department” substitute “Lord Chancellor”.

Prison Act 1952 (c. 52)

2.—(1) Section 35 of the Prison Act 1952(2) is amended as follows.

(2) In subsection (1), after “Secretary of State” (in both places) insert “for Justice”.

(3) Omit subsections (2) to (4).

Public Records Act 1958 (c. 51)

3.  In Schedule 1 to the Public Records Act 1958, in Part 1 of the Table at the end of paragraph 3(3), for “Department for Constitutional Affairs” substitute “Ministry of Justice”.

Parliamentary Commissioner Act 1967 (c. 13)

4.—(1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In section 5(6)(4), for “Department for Constitutional Affairs” substitute “Ministry of Justice”.

(3) In Schedule 2(5)—

(a)omit “Department for Constitutional Affairs.”;

(b)insert at the appropriate place “Ministry of Justice.”;

(c)omit the note relating to the Department for Constitutional Affairs;

(d)after the note relating to the Ministry of Defence insert—

“Ministry of Justice

The reference to the Ministry of Justice includes the Public Trustee.”

Magistrates’ Courts Act 1980 (c. 43)

5.  In section 125A(3)(a) of the Magistrates’ Courts Act 1980(6), omit “and the Secretary of State, acting jointly”.

Criminal Justice and Public Order Act 1994 (c. 33)

6.  In section 100(4) of the Criminal Justice and Public Order Act 1994, after “Secretary of State” (in both places) insert “for Justice”.

Regulation of Investigatory Powers Act 2000 (c. 23)

7.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000(7), before paragraph 13A insert—

“13ZA.  The Ministry of Justice”.

Courts Act 2003 (c. 39)

8.—(1) The Courts Act 2003 is amended as follows.

(2) In section 70(8)—

(a)in subsection (2)(a), for “Secretary of State” substitute “Lord Chancellor”;

(b)in subsection (3), after “subsection (1A),” insert “other than a person falling within subsection (2)(a),”.

(3) In section 72(3)(9), omit “, with the concurrence of the Secretary of State,”.

(4) Omit section 72A(4)(10).

(5) In section 73(1)(11), omit “with the concurrence of the Secretary of State and”.

Criminal Justice Act 2003 (c. 44)

9.—(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 167(12)—

(a)in subsection (1)—

(i)in paragraph (b), omit “the Secretary of State and”;

(ii)in paragraph (c), for “Secretary of State” substitute “Lord Chancellor” and for “Lord Chancellor” substitute “Secretary of State”;

(b)in subsections (4), (6) and (9), for “Secretary of State” substitute “Lord Chancellor”.

(3) In section 168(13), in subsections (1)(c) and (5), for “Secretary of State” substitute “Lord Chancellor”.

(4) In section 170(8)(b)(ii), omit “, after consultation with the Secretary of State,”.

(5) In section 171(3)(a), omit “the Secretary of State and”.

(6) In section 173—

(a)in subsections (1) and (3), for “Ministers” substitute “Lord Chancellor”;

(b)in subsection (5), omit the definition of “the Ministers”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

10.—(1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2) In sections 32, 33, 48, 49, 53, 54 and 55(1) to (6), after “Secretary of State” (in each place) insert “for Justice”.

(3) In sections 33, 48, 49, 53, 54 and 55, for “Lord Chancellor” (in each place) substitute “Secretary of State for the Home Department”.

(4) In Schedule 8, in paragraphs 1, 2, 8 and 9—

(a)after “Secretary of State” (in each place) insert “for Justice”;

(b)for “Lord Chancellor” (in each place) substitute “Secretary of State for the Home Department”.

(5) In Schedule 9(14)—

(a)omit paragraph 1;

(b)after paragraph 8 insert—

“8A.  The Ministry of Justice.”

Constitutional Reform Act 2005 (c. 4)

11.  In Schedule 7 to the Constitutional Reform Act 2005(15), under the entry for the Courts Act 2003, insert at the appropriate place—

“Section 70(2)(a)”.