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The Judicial Appointments and Discipline (Modification of Offices) Order 2006

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Statutory Instruments

2006 No. 678

JUDICIAL APPOINTMENTS AND DISCIPLINE

The Judicial Appointments and Discipline (Modification of Offices) Order 2006

Made

10th March 2006

Laid before Parliament

13th March 2006

Coming into force

3rd April 2006

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by section 85(3) of the Constitutional Reform Act 2005(1)—

Citation and commencement

1.  This Order may be cited as the Judicial Appointments and Discipline (Modification of Offices) Order 2006 and shall come into force on 3rd April 2006.

Amendments to Part 3 of Schedule 14 to the Constitutional Reform Act 2005

2.—(1) Part 3 of Schedule 14 to the Constitutional Reform Act 2005 is amended as follows.

(2) After the entry for paragraph 2 of Schedule 7 to the Immigration and Asylum Act 1999(2) and the office to which paragraph 2 relates insert—

AdjudicatorRule 2(1) of the Prison Rules 1999 (S.I. 1999/728)
Person on a listRegulation 14(1) of the Police (Conduct) (Senior Officers) Regulations 1999 (S.I. 1999/731)

(3) After the entry for regulation 7(1)(b) of the Health Service Medicines (Price Control Appeals) Regulations 2000(3) and the office to which regulation 7(1)(b) relates insert—

AdjudicatorRule 2(1) of the Young Offender Institution Rules 2000 (S.I. 2000/3371)

(4) After the entry for section 81(3) of the Nationality, Immigration and Asylum Act 2002(4) and the offices to which section 81(3) relates insert—

Legally qualified member of the Asylum and Immigration TribunalParagraphs 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002
Member of the Asylum and Immigration TribunalParagraph 2(1)(e) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002
Deputy President of the Asylum and Immigration TribunalParagraph 5(1)(b) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002

(5) At the end insert—

ArbitratorParagraph 11(10)(a) of Schedule 5 to the Energy Act 2004 (c. 20)
ArbitratorParagraph 12(6)(a) of Schedule 5 to the Energy Act 2004
Chairman of the Pensions Regulator TribunalParagraph 1(1) of Schedule 4 to the Pensions Act 2004 (c. 35)
Panel member of the Pensions Regulator TribunalParagraph 1(4) of Schedule 4 to the Pensions Act 2004
Person on a listRegulation 20(1) of the Police (Conduct) Regulations 2004 (S.I. 2004/645)
Person on a listRegulation 4(2)(a) of the Ministry of Defence Police Appeals Tribunals Regulations 2004 (S.I. 2004/652)
Person on a listRegulation 13(1)(a) of the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004 (S.I. 2004/654)
President of Employment Tribunals (England and Wales)Regulation 4(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861)
Regional Chairman of Employment Tribunals (England and Wales)Regulation 6(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
Chairman of Employment Tribunals (England and Wales)Regulation 8(1) and (3)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004

(6) Omit the entries for the following enactments and the offices to which those enactments relate—

(a)paragraphs 1 and 4(1) Schedule 5 to the Nationality, Immigration and Asylum Act 2002;

(b)regulations 3(1), 5(1)(a) and 8(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001.

Falconer of Thoroton C

Date 10th March 2006

Explanatory Note

(This note is not part of the Order)

This Order adds a number of offices to which appointments or nominations are made by the Lord Chancellor to those listed in Part 3 of Schedule 14 to the Constitutional Reform Act 2005. The Police (Conduct) (Senior Officers) Regulations 1999 have been revoked by regulation 2 of the Police (Conduct) Regulations 2004, but the reference is included because a saving in regulation 2 of the 2004 Regulations means that the 1999 Regulations are still in force in respect of conduct which occurred or commenced before 1st April 2004. Inclusion on the list means that appointment or nomination and, where relevant, discipline of those office holders will be carried out in accordance with Part 4 of that Act. This Order also removes references to a number of offices where the legislation creating them has been revoked.

(3)

S.I. 2000/124.

(4)

2002 c. 41. Schedule 4 of that Act was inserted by Schedule 1 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).

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