SCHEDULES

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

Part 2Amendments of or relating to enactments repealed or amended otherwise than by this Act

Restrictive Practices Court Act 1976 (c. 33)

368

(1)

In section 1 (the Court), after subsection (3) insert—

“(3A)

The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following—

(a)

the Lord Chief Justice of England and Wales;

(b)

the Lord President of the Court of Session;

(c)

the Lord Chief Justice of Northern Ireland.

(3B)

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.

(3C)

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.

(3D)

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).”

(2)

In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).