Tribunals, Courts and Enforcement Act 2007

46 Delegation of functions by Lord Chief Justice etc. U.K.

(1) 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 any of his functions under the provisions listed in subsection (2).

(2) The provisions are—

• paragraphs 3(4) and 6(3)(a) of Schedule 2;

• paragraphs 3(4) and 6(3)(a) of Schedule 3;

• paragraphs 2(2) and 5(5) of Schedule 4;

• paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.

(3) The Lord President of the Court of Session may nominate any of the following to exercise any of his functions under the provisions listed in subsection (4)—

(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b) the Senior President of Tribunals.

(4) The provisions are—

• paragraphs 3(2) and 6(3)(b) of Schedule 2;

• paragraphs 3(2) and 6(3)(b) of Schedule 3;

• paragraphs 2(3) and 5(6) of Schedule 4;

• paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.

(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the provisions listed in subsection (6)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act);

(c) the Senior President of Tribunals.

(6) The provisions are—

• paragraphs 3(3) and 6(3)(c) of Schedule 2;

• paragraphs 3(3) and 6(3)(c) of Schedule 3;

• paragraphs 2(4) and 5(7) of Schedule 4;

• paragraphs 24 and 25(2)(c) of Schedule 5.

[F1 (7) In Schedules 2 to 4 “senior judge” means—

(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, or

(d) the Senior President of Tribunals.]

Textual Amendments

F1 S. 46(7) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 44(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Commencement Information

I1 S. 46 wholly in force at 3.11.2008; s. 46 not in force at Royal Assent see s. 148; s. 46 in force at 19.9.2007 by S.I. 2007/2709, art. 2(b); s. 46 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(b)