Section 46 — Tribunals, Courts and Enforcement Act 2007: Delegation of functions by Lord Chief Justice etc.

Delegation of functions by Lord Chief Justice etc. 46 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.

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.