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1 Section 109 (minor and consequential amendments etc) is amended as follows. 2 After subsection (4) insert— 4A The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)— a before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales; b before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales. 4B The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)— a before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland; b before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland. 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. 8 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).