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1 Section 5 (Circuit Judge in England and Wales) is amended as follows. 2 After subsection (1) insert— 1A The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making a recommendation in a case that falls within subsection (1)(b) or (c). 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.