Constitutional Reform Act 2005

Magistrates' Courts Act 1980 (c. 43) U.K.

99 U.K. The Magistrates' Courts Act 1980 is amended as follows.

100 (1) Section 3B (transfer of trials of summary offences) is amended as follows. U.K.

(2) In subsection (3) for “Lord Chancellor may” substitute “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”.

(3) After subsection (4) insert—

“(5) 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 (3).”

101 (1) Section 67 (Family Proceedings Courts) (as substituted by section 49(1) of the Courts Act 2003 (c. 39)) is amended as follows. U.K.

(2) In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “ Lord Chief Justice ”.

(3) In subsection (4) for “Lord Chancellor may by rules” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, by rules ”.

(4) In subsection (5) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(5) After subsection (8) insert—

“(9) 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 (3) or (4) or the powers conferred on him by rules under subsection (4).”

102 (1) Section 144 (rule committee and rules of procedure) is amended as follows. U.K.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (1)—

(a) for the words from the beginning to “and may on” substitute “The Lord Chief Justice may on”;

(b) after “consultation with the rule committee” insert “, and with the concurrence of the Lord Chancellor,”.

(4) After subsection (1) insert—

“(1A) If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice and the rules committee written reasons for doing so.”

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) After subsection (4) insert—

“(4A) 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 this section.”

Textual Amendments

F1 Sch. 4 para. 102(2)(5) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 9

103 U.K. After section 144 insert—

“144A Rules to be made if required by Lord Chancellor

(1) This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.

(2) The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose.

(3) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;

(b) made in accordance with section 144.

(4) 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 this section.”