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1 Section 108 (general provisions as to rules under Part 7) is amended as follows. 2 For subsection (1) substitute— 1 Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice. 3 After subsection (2) insert— 3 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 Paragraph 16 of Schedule 1 also amends section 108.