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).