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1 Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows. 2 In subsection (4) for the words from “by the Lord Chancellor” to the end substitute “ in accordance with subsections (7) to (9). ” 3 After subsection (6) insert— 7 The Lord Chancellor is to appoint the referee. 8 The appointment is to be made only with the concurrence of— a the Lord Chief Justice of England and Wales, if the determination of the Commissioners was made in relation to England and Wales; b the Lord President of the Court of Session, if the determination was made in relation to Scotland; or c the Lord Chief Justice of Northern Ireland, if the determination was made in relation to Northern Ireland. 9 None of the following may be appointed— a an official of any government department; b an office holder in, or a member of the staff of, the Scottish Administration. 10 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. 11 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. 12 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).