Constitutional Reform Act 2005

Armed Forces Act 1976 (c. 52) U.K.

86 (1) Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows. U.K.

(2) After subsection (3) insert—

“(3A) The Lord Chancellor may give approval to an order under subsection (3) only after consulting the relevant judges.”

(3) After subsection (4) insert—

“(4A) The Lord Chancellor may make an appointment under subsection (4) only with the concurrence of the relevant judges.”

(4) In subsection (7) after “Lord Chancellor” insert “ and the relevant judges ”.

(5) After subsection (8) insert—

“(8A) The Lord Chancellor may give his approval under section (8) only with the concurrence of the relevant judges.”

(6) After subsection (11) insert—

“(11A) The Lord Chancellor may give his approval to the removal of a member under subsection (11) only with the concurrence of the Lord Chief Justice of England and Wales.”

(7) After subsection (17) insert—

“(18) References in this section to the relevant judges are references to 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.

(19) 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, except his functions under subsection (11A).

(20) 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.

(21) 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).”