Constitutional Reform Act 2005

6 (1) Section 36 is amended as follows. U.K.

(2) In subsection (1)—

(a) for “The Lord Chancellor may by rules” substitute “ Rules under this section may ”;

(b) in paragraph (a) omit “made after consultation with the Treasury,”;

(c) in paragraph (b) omit “made after consultation with the Lord Chief Justice”.

(3) After subsection (1) insert—

“(1A) It is for the Lord Chancellor to make rules under subsection (1)(a), after consultation with the Treasury.

(1B) It is for the Lord Chief Justice to make rules under subsection (1)(b), in accordance with subsections (1C) to (1G).

(1C) The Lord Chief Justice may make rules under subsection (1)(b) only with the agreement of the Lord Chancellor.

(1D) If the Lord Chancellor does not agree such rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice written reasons why he does not agree the rules.

(1E) Subsection (1F) applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules under subsection (1)(b) to include provision that would achieve a purpose specified in the notice.

(1F) The Lord Chief Justice must make such rules under subsection (1)(b) as he considers necessary to achieve the specified purpose.

(1G) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice under subsection (1E);

(b) made in accordance with the relevant provisions of this section.

(1H) The Lord Chief Justice may nominate any of the following to exercise his functions under subsections (1B), (1C) and (1F)—

(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).”