Constitutional Reform Act 2005

Criminal Justice Act 2003 (c. 44)

358 (1) Section 168 (Sentencing Guidelines Council: supplementary) is amended as follows.

(2) In subsection (1) for paragraphs (b) and (c) substitute—

“(b) enabling the Lord Chancellor to remove a judicial member from office, with the concurrence of the Lord Chief Justice, on the grounds of incapacity or misbehaviour, and

(c) enabling the Secretary of State to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.”

(3) For subsection (2) substitute—

“(1A) The following provisions apply to an order under subsection (1)—

(a) if the order includes provision falling within subsection (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order;

(b) if the order includes provision falling within subsection (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision.

(1B) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, by order make provision as to the proceedings of the Council.”

(4) After subsection (5) insert—

“(6) 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 subsection (1B).”