Constitutional Reform Act 2005

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The registration of your company from scratch using your own registered office address, and appoint your own candidates to the roles of director, secretary (if needed), and shareholder;

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A certificate of incorporation (requires PDF file reader);

The memorandum & articles of association (requires MS-Word file reader);

The first meeting of the board of directors (requires MS-Word file reader);

Share certificates and a company register.

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A private company limited by shares in England and Wales must have at least one director, one shareholder, and may have a secretary.

You need at least one person to form this type of company. If there is only one director, and that director is a natural person in your company, that director can also act as the secretary.

A company must have at least one director who is a natural person. This requirement is met if the office of director is held by a natural person as a corporation sole or otherwise by virtue of an office.

You can register a sole director' company, if you are familiar with the secretaries duties and responsibilities, because all of them belongs to a sole director.

The directors and secretary of your company can also be shareholders.

The Companies Act imposes no restriction on the minimum age of company directors. However Companies House will actively discourage the appointment of anyone under the age of 16 from taking up a company directorship on the grounds that the individuals concerned may not fully understand the legal liabilities that go with the position and for the most part will not have the experience necessary to perform the duties of a company director.

Under the Companies Act 2006, there is no restriction on any or all of the members/shareholders being from an overseas country (i.e. outside the United Kingdom in terms of residency, domicile, citizenship, place of incorporation or all or any of those concepts).

There is no requirement for the officers of your company to be UK citizens or residents, nor for them to hold valid work permits.

Owning, or being an officer of a UK company does not, however, grant you any right to live or work in the UK if you are a foreign national.

Your company must have a registered office address within England or Wales; this is the official address of your company and will be on the public record as such.

Your company must hold its official company documents at its registered office address: its register of shareholders, and its constitutional documents.

So long as you maintain a registered office address in England or Wales, you can conduct your business from any place in the world: you do not have to run your business from your registered office address.

Business Start-Up: Legal Requirements

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Constitutional Reform Act 2005

2005 Chapter 4 - continued

SCHEDULE 4, OTHER FUNCTIONS OF THE LORD CHANCELLOR AND ORGANISATION OF THE COURTS - continued

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PART 2

AMENDMENTS OF OR RELATING TO ENACTMENTS REPEALED OR AMENDED OTHERWISE THAN BY THIS ACT

Introduction

361

(1) This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts.

(2) In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the "original amending provision".

(3) An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.

Promissory Oaths Act 1871 (c. 48)

362

(1) Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) is amended as follows.

(2) In the paragraph beginning "In England" for "Lord High Chancellor of Great Britain" substitute "Lord Chief Justice of England and Wales".

(3) After that paragraph insert-

"The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under the preceding paragraph."

(4) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39).

Children and Young Persons Act 1933 (c. 12)

363

(1) Schedule 2 to the Children and Young Persons Act 1933 (constitution of youth courts) is amended as follows.

(2) In paragraph 6-

(a) in paragraph (a)-

(i) after "he may" insert "after consulting the Lord Chief Justice";

(ii) after "thinks fit" insert "after consulting the Lord Chief Justice";

(b) in paragraph (b)-

(i) after "may" insert ", after consulting the Lord Chief Justice,";

(ii) after "thinks fit" insert ", after consulting the Lord Chief Justice,".

(3) In paragraph 14 after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

(4) In paragraph 15(b)-

(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,";

(b) for "order of the Lord Chancellor" substitute "order made by the Lord Chief Justice after consulting the Lord Chancellor".

(5) In paragraph 16 for "consent of the Lord Chancellor," substitute "consent of the Lord Chief Justice, given after consulting the Lord Chancellor,".

(6) In paragraph 18-

(a) for "Lord Chancellor" in the first place substitute "Lord Chief Justice";

(b) for "Lord Chancellor" in the second place substitute "Lord Chief Justice, after consulting the Lord Chancellor".

(7) After paragraph 21 insert-

"22 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule."

(8) In relation to the enactments referred to in this paragraph, the original amending provision is Schedule 10 to the Courts Act 2003.

Pensions Appeal Tribunals Act 1943 (c. 39)

364

(1) Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.

(2) In subsection (2)-

(a) for "a judge of the High Court nominated for the purpose by the Lord Chancellor" substitute "the relevant judicial authority";

(b) for "judge so nominated" substitute "relevant judicial authority";

(3) After subsection (2) insert-

	"(2ZA) In subsection (2) "relevant judicial authority" means-
	(a) in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;
	(b) in relation to Scotland, the Court of Session;
	(c) in relation to Northern Ireland, the Court of Appeal in Northern Ireland.
	(2ZB) 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 his functions under subsection (2ZA)(a)."

(4) After subsection (4) insert-

"(5) In the application of subsection (2) in relation to Northern Ireland, "rules of court" means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978."

(5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).

Maintenance Orders Act 1950 (c. 37)

365

(1) In section 25(1) of the Maintenance Orders Act 1950 (power to make rules about procedure under section 144 of the Magistrates' Court Act 1980), for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".

(2) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 91(2) of Schedule 8 to the Courts Act 2003.

Courts Act 1971 (c. 23)

366

(1) In section 27 of the Courts Act 1971, in the definition of "the senior judges" in subsection (9) for "the Vice-Chancellor and the President of the Family Division" substitute "the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court".

(2) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 139(a) of Schedule 8 to the Courts Act 2003.

Restrictive Practices Court Act 1976 (c. 33)

367

The Restrictive Practices Court Act 1976 is amended as follows.

368

(1) In section 1 (the Court), after subsection (3) insert-

	"(3A) The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following-
	(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.
	(3B) 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 his functions under this section.
	(3C) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
	(3D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section-
	(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)."

(2) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

369

(1) Section 2 (judges of the Court) is amended as follows.

(2) In subsections (1)(a) and (3) for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".

(3) After subsection (4) insert-

	"(5) The functions conferred on the Lord Chief Justice of England and Wales or on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.
	(6) The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor.
	(7) 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 his functions under this section.
	(8) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
	(9) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section-
	(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)."

(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

370

(1) Section 3 (non-judicial members) is amended as follows.

(2) After subsection (3) insert-

	"(4) The Lord Chancellor may exercise his functions under subsection (2)(b) only with the concurrence of the appropriate senior judge.
	(5) The appropriate senior judge is the Lord Chief Justice of England and Wales, unless-
	(a) the member to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
	(b) the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland."

(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

371

(1) Section 4 (provision for additional judges or members) is amended as follows.

(2) In subsection (1), in paragraph (a) after "consultation with" insert "the Lord Chief Justice of England and Wales,".

(3) After subsection (2) insert-

	"(3) 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 his functions under this section.
	(4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
	(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section-
	(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)."

(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

372

(1) Section 6 (administration) is amended as follows.

(2) In subsection (5) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales,".

(3) After subsection (6) insert-

"(7) 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 his functions under this section."

(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.

373

(1) In section 9 (procedure), in subsection (1) for "Lord Chancellor" substitute "president of the Court with the concurrence of the Lord Chancellor".

(2) In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

Magistrates' Courts Act 1980 (c. 43)

374

The Magistrates' Courts Act 1980 is amended as follows.

375

(1) Section 67 (family proceedings courts and panels) is amended as follows.

(2) In subsection (2)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,".

(3) In subsection (5) for "on the Lord Chancellor" substitute ", exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice,".

(4) After subsection (8) insert-

"(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2)(a)."

(5) In relation to the enactment referred to in this paragraph, the original amending provision is section 49(1) of the Courts Act 2003.

376

(1) Section 68 (combined family panels) is amended as follows.

(2) In subsection (2), after "thinks fit" insert "after consulting the Lord Chief Justice".

(3) After subsection (6) insert-

"(6A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

(4) In relation to the enactment referred to in this paragraph, the original amending provision is section 49(2) of the Courts Act 2003 (c. 39).

377

(1) In section 146 (rules relating to youth court panels and composition of youth court), in subsection (2) for "Lord Chancellor" substitute "Lord Chief Justice".

(2) After subsection (5) insert-

"(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his powers under rules made under this section."

(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 50(3) of the Courts Act 2003.

Supreme Court Act 1981 (c. 54)

378

(1) Section 130 of the Supreme Court Act 1981 (fees to be taken in Supreme Court) is amended as follows.

(2) In subsection (2)(a) for "President of the Family Division and the Vice-Chancellor" substitute "President of the Queen's Bench Division, President of the Family Division and the Chancellor of the High Court".

(3) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 263 of Schedule 8 to the Courts Act 2003 (c. 39).

Matrimonial and Family Proceedings Act 1984 (c. 42)

379

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

380

(1) Section 40 (family proceedings rules) is amended as follows.

(2) In subsection (1) for "by the Lord Chancellor together with any four or more of the following persons, namely- " substitute "by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons- ".

(3) For subsection (3) substitute-

	"(3) The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB).
	(3ZA) The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor.
	(3ZB) The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice.
	(3ZC) A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice."

(4) Omit subsection (5).

(5) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.

381

(1) After section 40 insert-

"40A	Process for making rules of court under section 40
	(1) Family proceedings rules must be-
	(a) signed by a majority of the members of the Family Proceedings Rule Committee, and
	(b) submitted to the Lord Chancellor.
	(2) The Lord Chancellor may allow or disallow rules so made.
	(3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.
	(4) Rules so made and allowed by the Lord Chancellor-
	(a) come into force on such day as the Lord Chancellor directs, and
	(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.
	(5) A statutory instrument containing Family Proceedings rules is subject to annulment in pursuance of a resolution of either House of Parliament.
	(6) In this section and section 40B "Family Proceedings rules" means rules of court made under section 40.
40B	Rules to be made if required by Lord Chancellor
	(1) This section applies if the Lord Chancellor gives the Family Proceedings Rule Committee written notice that he thinks it is expedient for Family Proceedings rules to include provision that would achieve a purpose specified in the notice.
	(2) The Committee must make such Family Proceedings rules as it considers necessary to achieve the specified purpose.
	(3) Those rules must be-
	(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;
	(b) made in accordance with section 40A."

(2) The enactment referred to in this paragraph, for the purposes of paragraph 361(3), is section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42), and in relation to that enactment the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003 (c. 39).

Railways Act 1993 (c. 43)

382

The Railways Act 1993 is amended as follows.

383

(1) In section 91 (transfer schemes: general), in subsection (7)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland".

(2) In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000 (c. 38).

384

(1) Schedule 8 (transfers by transfer scheme) is amended as follows.

(2) In paragraph 14 (third parties affected by vesting provisions), in sub-paragraph (5)(c) for "Lord Chancellor" substitute "Chairman for the time being of the Royal Institution of Chartered Surveyors in Northern Ireland".

(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000.

Civil Procedure Act 1997 (c. 12)

385

(1) Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee) is amended as follows.

(2) After subsection (8) insert-

"(9) If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so."

(3) In relation to the enactment referred to in this paragraph, the original amending provision is section 85(1) of the Courts Act 2003 (c. 39).

Justices of the Peace Act 1997 (c. 25)

386

(1) The Justices of the Peace Act 1997 is amended as follows.

(2) In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003.

387

(1) Section 1 (Commission areas) is amended as follows.

(2) In subsection (2) for "by the Lord Chancellor by order made by statutory instrument" substitute "by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument".

(3) After subsection (3) insert-

"(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

388

(1) Section 4 (petty sessions areas) is amended as follows.

(3) After subsection (3) insert-

"(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

389

In section 5 (appointment and removal of justices of the peace), in subsection (1) for "in like manner" substitute "by the Lord Chancellor with the concurrence of the Lord Chief Justice".

390

(1) Section 6 (residence qualification) is amended as follows.

(2) In subsection (3) for "Lord Chancellor is" substitute "Lord Chancellor and the Lord Chief Justice are both".

(3) After subsection (4) insert-

"(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

391

In section 7 (supplemental list for England and Wales), in subsection (4)-

(a) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,";

(b) for "Lord Chancellor is" substitute "Lord Chancellor and the Lord Chief Justice are both".

392

In section 8 (removal of name from supplemental list), in subsection (1) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".

393

(1) Section 9 (effect of entry of name in supplemental list) is amended as follows.

(2) In subsection (3) for "by the Lord Chancellor" substitute "by the Lord Chief Justice".

(3) After subsection (4) insert-

	"(5) The Lord Chief Justice may not give an authorisation under subsection (3) unless the Lord Chancellor concurs.
	(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3)."

394

In section 10A (appointment and tenure), in subsection (3) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".

395

In section 10B (deputies), in subsection (2) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".

396

(1) Section 10C (status) is amended as follows.

(2) In subsection (3) for "given by the Lord Chancellor from time to time" substitute "given by the Lord Chief Justice from time to time after consulting the Lord Chancellor".

(3) After subsection (4) insert-

"(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

397

(1) Section 24 (rules as to chairmanship and size of bench) is amended as follows.

(2) In subsection (5) omit "by the Lord Chancellor".

(3) After subsection (5) insert-

	"(6) Rules under this section that relate to the matters referred to in any of paragraphs (c) to (e) of subsection (2) are to be made by the Lord Chief Justice after consulting the Lord Chancellor.
	(7) Any other rules under this section are to be made by the Lord Chancellor after consulting the Lord Chief Justice.
	(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

398

In section 25 (records of justices of the peace) after subsection (4) insert-

	"(5) The Lord Chancellor must consult the Lord Chief Justice before-
	(a) designating a justice under subsection (1), or
	(b) giving a direction under subsection (2).
	(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

399

(1) Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows.

(2) In subsection (2)-

(a) in paragraph (a) after "Lord Chancellor" insert "or the Lord Chief Justice";

(b) in paragraph (b)-

(i) after "Lord Chancellor" in the first place insert "or the Lord Chief Justice";

(ii) for "the Lord Chancellor" in the second place substitute "that person, or those persons,".

(3) In subsection (3)-

(a) in paragraph (a) after "Lord Chancellor" insert "or the Lord Chief Justice";

(b) in paragraph (b)-

(i) after "Lord Chancellor" in the first place insert "or the Lord Chief Justice";

(ii) for "the Lord Chancellor" in the second place substitute "that person, or those persons,".

(4) After subsection (3) insert-

"(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

400

(1) Section 27A (magistrates' courts committees) is amended as follows.

(3) After subsection (3) insert-

"(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

401

(1) Section 27B (alteration of committee areas) is amended as follows.

(2) In subsection (4) before paragraph (a) insert-

"(za) the Lord Chief Justice;".

(3) After subsection (10) insert-

"(11) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

402

(1) Section 33 (alteration of petty sessions areas) is amended as follows.

(2) In subsection (2) after "Lord Chancellor" in the first place insert "after he has consulted the Lord Chief Justice".

(3) In subsection (3)-

(a) in paragraph (a) after "Lord Chancellor thinks fit" insert "after consulting the Lord Chief Justice";

(b) for paragraph (b) substitute-

	"(b) a magistrates' court committee fail to comply within six months with a direction under subsection (2);
	(bb) the Lord Chancellor is, after consulting the Lord Chief Justice, dissatisfied with the draft order or report submitted in pursuance of such a direction; or".

(4) After subsection (3) insert-

"(3A) The Lord Chancellor may only make an order to which subsection (3) applies after consulting the Lord Chief Justice."

(5) In subsection (4) after "appear to the Lord Chancellor" insert ", after consulting the Lord Chief Justice,".

(6) After subsection (5) insert-

"(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

403

(1) Section 53A (costs in legal proceedings) is amended as follows.

(2) In subsection (4) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".

(3) After subsection (6) insert-

"(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section."

404

(1) Section 54 (indemnification of justices and justices' clerks) is amended as follows.

(2) In subsection (6) for "by the Lord Chancellor" substitute "by the Lord Chief Justice after consulting the Lord Chancellor".

(3) After subsection (9) insert-

"(10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (6)."

405

(1) Section 64 (training courses) is amended as follows.

(2) In subsection (1) for "by the Lord Chancellor" substitute "by the Lord Chief Justice after consulting the Lord Chancellor".

(3) After subsection (3) insert-

"(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)."

Data Protection Act 1998 (c. 29)

406

(1) Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases) is amended as follows.

(2) That paragraph becomes sub-paragraph (1) of paragraph 3.

(3) After that sub-paragraph insert-

	"(2) The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following-
	(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.
	(3) 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 his functions under this paragraph.
	(4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.
	(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph-
	(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)."

(4) In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36).

Nationality, Immigration and Asylum Act 2002 (c. 41)

407

(1) In Schedule 5 to the Nationality, Immigration and Asylum Act 2002 (Immigration Appeal Tribunal), paragraph 3 (appointment of President) is amended as follows.

(2) That paragraph becomes sub-paragraph (1) of paragraph 3.

(3) In that sub-paragraph, after "Lord Chancellor shall" insert ", with the concurrence of the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,".

(4) After that sub-paragraph insert-

	"(2) 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 his functions under this paragraph.
	(3) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.
	(4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph-
	(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)."

(5) In relation to the enactment referred to in this paragraph, the original amending provision is section 26(5)(b) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).

Prepared 5 April 2005

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Copyright © 1993-2010. All rights reserved. The logo and the Coddan company brand are registered trademarks of Coddan CPM Ltd. Coddan CPM Ltd is a private limited company registered in England, whose registered number is 05370296, and whose registered office address is 124 Baker street, London W1U 6TY, VAT registered number is 864 142 527. Coddan CPM Ltd is committed to respecting the data which we hold on you. Your details are processed and kept securely in accordance with the Data Protection Act 1998, DTA registration number is PZ9265799. The content of this site is protected under applicable copyright and trademark laws. Personal use of material is permitted for research and/or information purposes only. Limited company formation and small business start-up advice - we are offering companies registrations in England, Wales, Scotland, Northern Ireland, Republic of Ireland, USA and offshore jurisdictions. Our simple and cost-effective business starting-up service has various packages available to suit all needs. Expert advice and cost efficient business registration services to assist companies with their statutory obligations, including business administration, bookkeeping, accounting and annual accounting and annual return preparation. We can also help you to introduce and arrange a business bank account in the United Kingdom, Republic of Ireland, Cyprus, Gibraltar and in many other offshore countries. All content within this site, including, but not limited to text, software, graphics, logos, icons and images are the property of the Coddan CPM Ltd. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Coddan CPM Ltd. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained. All of the information contained on this web site is not meant to be advice, nor should it be followed. The information on this site pertains to UK law only and is offered as a public service. It is not intended to give legal advice about a specific legal problem, nor does it create an attorney-client relationship. Due to the importance of the individual facts of every case, the generalizations we make may not necessarily be applicable to any particular case. Changes in the law could at any time make parts of this web site obsolete. Coddan does not represent nor warrant the accuracy of any of the information contained herein, nor should it be relied upon. Due to the introduction of the Anti Money Laundering Regulations 2007 it is now a legal requirement that all trusts and company service providers are MLR registered. Coddan CPM Limited has been granted an MLR Registration Number 12298927. This means that we have passed the fit and proper test and successfully applied for and received confirmation from HM Customs and Excise. Please be aware that any formation agent operating without being MLR registered is not complying with the Law. We would strongly advise you to ask for an MLR number prior to processing a formation through any agent. In the event of Companies House rejecting an application or submission you will have three days to re-submit the application with appropriate corrections at no extra charge. We reserve the right to cancel the contract between us if one or more of the goods or services that you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier. If we do cancel your order for this reason, we will notify you by email and will credit your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. Products are delivered using Royal Mail recorded delivery post, or e-mail (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care. Products and services will be provided in accordance with the timescales set out in the Consumer Protection (Distance Selling) Regulations 2000 unless otherwise agreed with you. Website Last Updated: 9/2/2010