SCHEDULES

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

Part 1Amendments

Pensions Appeal Tribunals Act 1943 (c. 39)

28

1

The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows.

2

For paragraph 1 substitute—

1

1

There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

2

There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

3

There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine.

4

The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1).

5

The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).

3

In paragraph 2 (membership)—

a

in sub-paragraph (1) for “appointed by the Lord Chancellor” substitute

appointed—

a

in relation to England and Wales, by the Lord Chancellor;

b

in relation to Scotland, by the Lord President of the Court of Session;

c

in relation to Northern Ireland, by the Lord Chancellor

b

in sub-paragraph (2A) for “sub-paragraphs (3)” substitute “ sub-paragraphs (3A), (3B) ”;

c

for sub-paragraph (3) substitute—

3A

The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a).

3B

The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).

d

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In paragraph 2A (persons to be appointed to Tribunals)—

a

in sub-paragraph (1) for the words from “The Lord Chancellor” to “paragraph 2 above” substitute “ Any person making appointments under paragraph 2 shall ensure that the appointments ”;

b

in sub-paragraph (4) for the words from “In making” to “the Lord Chancellor” substitute “ It shall be the duty of any person making an appointment under paragraph 2 ”.

5

In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for “Lord Chief Justice of Northern Ireland” substitute “ Lord Chancellor ”.

6

In paragraph 5 (rules)—

a

in sub-paragraph (1) for “the Lord Chancellor may make rules” substitute “ rules may be made ”;

b

for “Lord Chancellor” in the second place substitute “person making them”;

c

after sub-paragraph (1) insert—

1A

Such rules are to made by the following person—

a

if the rules relate to England and Wales, by the Lord Chancellor;

b

if the rules relate to Scotland, by the Lord President of the Court of Session;

c

if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.

d

in sub-paragraph (4)(b) after “Lord Chancellor” insert “ , or in relation to Scotland by the Lord President of the Court of Session, in either case ”.

7

Before paragraph 8 insert—

7B

1

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 paragraph 1.

2

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 any of the provisions listed in sub-paragraph (3).

3

Those provisions are—

a

paragraph 3C(2)(b);

b

paragraph 5(1A)(b).

4

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)—

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).

5

Those provisions are—

a

paragraph 1;

b

paragraph 3C(2)(c);

c

paragraph 5(1A)(c).