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(1)The Lord Chancellor may—
(a)after consultation with [F1the Lord Chief Justice of England and Wales,] the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, by order increase the number of nominated judges of the Court;
(b)with the approval of the Minister for the Civil Service, by order increase the maximum number of appointed members;
and sections 1 to 3 above, as to the number of judges and members, have effect subject to any order in force under this section.
(2)Orders under this section shall be made by statutory instrument; and an order shall be of no effect until it is approved by resolution of each House of Parliament.
[F2(3)The Lord Chief Justice of England and Wales 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.
(4)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 section.
(5)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(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).]
Textual Amendments
F1Words in s. 4(1)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 371(2) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
F2S. 4(3)-(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 371(3) (with Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)
Textual Amendments applied to the whole legislation
F3Act repealed (prosp.) by 1998 c. 41, ss. 1(a), 74(2)(3), Sch. 14 Pt. I (with s. 73, Sch. 13)
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