Constitutional Reform Act 2005

Industry Act 1975 (c. 68)U.K.

81(1)Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows.U.K.

(2)In paragraph 4 (constitution and sittings)—

(a)that paragraph becomes sub-paragraph (1) of paragraph 4;

(b)in that sub-paragraph after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, ”;

(c)after that sub-paragraph insert—

(2)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 paragraph.

(3)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 paragraph.

(4)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(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).

(3)In paragraph 5 (Scottish proceedings) for “paragraph 4” substitute “ paragraph 4(1) ”.

(4)In paragraph 8(a) (meaning of “appointor”) for “paragraph 4” substitute “ paragraph 4(1) ”.

(5)After paragraph 8 insert—

8AWhere the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge.

8BThe appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.