moved Amendment No. 42:
42: Clause 47 , page 35, line 40, at end insert—
““( ) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.””
The noble Baroness said: My Lords, in moving Amendment No. 42, I will speak to Amendments Nos. 43 to 55, 94 and 95. It is a rather large group of amendments, but it has been because they are extremely minor and technical, and they fit together very well. I hope that noble Lords will bear with me in allowing me to speak to them together.
Amendments Nos. 42, 55, 47, 50 and 53 are simply transitional provisions for references to the senior courts to be read as the Supreme Court until Section 59(1) of the Constitutional Reform Act 2005, Chapter 4, on the renaming of the Supreme Court, comes into force. The amendments ensure that the courts are correctly described for the purposes of the legislation. Their omission from the Bill was an oversight, which the amendments seek to correct.
Amendments Nos. 94 and 95 are standard amendments, which protect the Lord Chancellor’s functions in relation to appointments made under the London Building Acts (Amendment) Act 1939 and the Social Security Act 1998. This means that those functions cannot be transferred to another person simply by order. The amendments correct an earlier omission from Schedule 7 of the Constitutional Reform Act 2005, which has only recently been identified.
Amendments Nos. 43 to 46 and 52 are minor amendments concerning certain judicial offices in the London Building Acts (Amendment) Act 1939 and the Social Security Act 1998. First, the amendments ensure consistency with other provisions in the Bill in relation to when a person qualifies as a barrister. Secondly, they extend the Lord Chancellor’s order-making powers, so that those powers will apply not only to the office of nominee under the 1939 Act, but also to the office of nominee’s deputy. Thirdly, they make minor drafting amendments identified by parliamentary counsel. They are technical amendments, which are being laid at this stage to ensure clarity and consistency with other parts of the Bill.
Amendments Nos. 48, 49 and 54 move from Part 1 to Part 2 of Schedule 10 those references to the Courts-Martial (Appeals) Act 1951, the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 that were repealed by the Armed Forces Act 2006, which received Royal Assent in November last year. The repealing provisions are not yet in force; hence it is appropriate that references to them be moved from Part 1 to Part 2 of Schedule 10. I beg to move.
On Question, amendment agreed to.
Schedule 10 [Amendments relating to judicial appointments]:
Tribunals, Courts and Enforcement Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Wednesday, 31 January 2007.
It occurred during Debate on bills on Tribunals Courts and Enforcement Bill [HL].
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