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).