SCHEDULES
SCHEDULE 4Other functions of the Lord Chancellor and organisation of the courts
Part 1Amendments
Terrorism Act 2000 (c. 11)
287
The Terrorism Act 2000 is amended as follows.
288
1
Section 74 (court for trial) is amended as follows.
2
In subsection (1)—
a
after “unless” insert “
the Lord Chief Justice of Northern Ireland directs that
”
;
b
in paragraph (a) omit from “the Lord Chancellor” to “directs that”;
c
in paragraph (b) omit “the Lord Chief Justice of Northern Ireland directs that”.
3
After subsection (1) insert—
1A
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—
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).
289
1
In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows.
2
In sub-paragraph (1) after “direct” insert
after consulting the following—
a
the Lord Chief Justice of England and Wales;
b
the Lord President of the Court of Session;
c
the Lord Chief Justice of Northern Ireland
3
After sub-paragraph (3) insert—
4
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 paragraph.
5
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 paragraph.
6
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—
a
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
b
a Lord Justice of Appeal (as defined in section 88 of that Act).
290
1
Schedule 8 (detention) is amended as follows.
2
In paragraph 29 (warrants of further detention)—
a
in sub-paragraph (4)(a) for “by the Lord Chancellor” substitute “
by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor
”
;
b
in sub-paragraph (4)(c) for “by the Lord Chancellor” substitute “
by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor
”
;
c
after sub-paragraph (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 sub-paragraph (4)(a).
6
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(c)—
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).