The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006

Article 3

SCHEDULE 2 Supplementary provisions

Criminal Appeal (Northern Ireland) Rules 1968

1.  In the definition of “shorthand writer” in rule 2(1) of the Criminal Appeal (Northern Ireland) Rules 1968(1), for “Lord Chief Justice” substitute “Lord Chancellor under rule 25”.

Pensions Appeal Tribunals (Posthumous Appeals) Order 1980

2.  Omit Article 11(d) of the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980(2).

Judicial Pensions (Requisite Benefits) Order 1988

3.  In Schedule 1 to the Judicial Pensions (Requisite Benefits) Order 1988(3), omit “, other than the Lord Chancellor,”.

Housing (Preservation of Right to Buy) Regulations 1993

4.  In Schedule 2 to the Housing (Preservation of Right to Buy) Regulations 1993(4) (which sets out a modified version of Part V of the Housing Act 1985 as it applies by virtue of those Regulations), omit the text of section 181(4) and (5) of the Housing Act 1985.

Insolvent Partnerships Order 1994

5.  The Insolvent Partnerships Order 1994(5) is amended as follows.

6.—(1) The modified text of section 117 of the Insolvency Act 1986(6) as set out in each of—

(a) paragraph 6 of Schedule 3; and

(b) paragraph 1 of Schedule 5,

is amended in accordance with this paragraph.

(2) In subsection (5), for “may by order” substitute “may, with the concurrence of the Lord Chief Justice, by order”.

(3) After subsection (7) insert—

“(8) 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.”.

7.—(1) The modified text of section 117 of the Insolvency Act 1986 as set out in each of—

(a) paragraph 5 of Schedule 4; and

(b) paragraph 1 of Schedule 6,

is amended in accordance with this paragraph.

(2) In subsection (7), for “may by order” substitute “may, with the concurrence of the Lord Chief Justice, by order”.

(3) After subsection (9) insert—

“(10) 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.”.

Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 1996

8.  In article 2(1)(iii) of the Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 1996(7), for “Lord Chancellor” substitute “Lord Chief Justice”.

Housing (Right to Acquire) Regulations 1997

9.  In Schedule 2 to the Housing (Right to Acquire) Regulations 1997(8) (which sets out a modified version of Part V of the Housing Act 1985 as it applies by virtue of those Regulations), omit the text of section 181(4) and (5) of the Housing Act 1985.

Local Probation Boards (Appointments and Miscellaneous Provisions) Regulations 2001

10.  In regulation 2(1) of the Local Probation Boards (Appointments and Miscellaneous Provisions) Regulations 2001(9), for “Lord Chancellor” substitute “Lord Chief Justice”.

Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005

11.  In article 8(3) of the Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005(10), for “Lord Chancellor” substitute “Lord Chief Justice”.

(1)

S.R. 1968/218, amended by S.R. 1979/86. There are other amending instruments but none is relevant.

(2)

S.I. 1980/1082 amended by S.I. 2005/245 and by paragraph 108 of Schedule 4 and Schedule 18 to the Constitutional Reform Act 2005 (c. 4).

(3)

S.I. 1988/1420.

(4)

S.I. 1993/2241, to which there are amendments not relevant to this Order.

(5)

S.I. 1994/2421, to which there are amendments not relevant to this Order.

(6)

1986 c. 45, amended by S.I. 2002/1240 and by paragraph 186 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4).

(7)

S.R. 1996/104, to which there are amendments not relevant to this Order.

(8)

S.I. 1997/619.

(9)

S.I. 2001/1035.

(10)

S.I. 2005/911.