Moved by
Lord Hope of Craighead
41B: After Clause 80, insert the following new Clause—
“Nomination of judges to the Competition Appeal Tribunal
(1) The Enterprise Act 2002 is amended as follows.
(2) In section 12(2)(b) (competition appeal tribunal) after “the Lord Chancellor” insert “or nominated by the appropriate senior judge pursuant to paragraph 2(4) of Schedule 2”.
(3) After section 12(5) insert—
“(6) Appropriate senior judge has the same meaning as in paragraph 2(7) of Schedule 2.”.
(4) In Schedule 2 (the competition appeal tribunal) after paragraph 1(3) insert—
“(4) Upon the nomination of the appropriate senior judge, any judge of the High Court of England and Wales, the Court of Session or the High Court of Northern Ireland shall be a member of the panel of chairmen and shall hold and vacate office in accordance with the terms of their nomination.”.
(5) In paragraph 2(1) of that Schedule after “The members appointed” insert “by the Lord Chancellor”.
(6) In paragraph 2(2) after “A person” insert “appointed by the Lord Chancellor to the panel of chairmen”.
(7) In paragraph 2(3) after “and the chairmen” insert “appointed by the Lord Chancellor”.
(8) In paragraph 2(4) after “remove a person” insert “appointed by him”.
(9) In paragraph 2(6) after “remove a person” insert “appointed by him”.
(10) In paragraph 2(7)(a) after “the person to be” insert “nominated or”.
(11) In paragraph 2(7)(b) after “the person to be” insert “nominated or”.”