SCHEDULES

SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts

Part 1Amendments

Employment Tribunals Act 1996 (c. 17)

246

1

Section 22 (membership of appeal tribunal) is amended as follows.

2

In subsection (1)(a)—

a

for “by the Lord Chancellor” substitute “ by the Lord Chief Justice, after consulting the Lord Chancellor, ”;

b

omit “(other than the Lord Chancellor)”.

3

In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “ Lord Chief Justice shall ”.

4

After subsection (3) insert—

3A

The Lord Chief Justice must not make an appointment under subsection (3) unless—

a

he has consulted the Lord Chancellor, and

b

the Lord President of the Court of Session agrees.

5

After subsection (4) insert—

5

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.

6

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 subsection (3A)(b).