97

In Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to forfeiture), after paragraph 17(4) insert— 5 The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence— a where the proceedings referred to in sub-paragraph (1) were taken in England and Wales, of the Lord Chief Justice of England and Wales; b where those proceedings were taken in Scotland, of the Lord President of the Court of Session; c where those proceedings were taken in Northern Ireland, of the Lord Chief Justice of Northern Ireland. 6 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 paragraph. 7 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 paragraph. 8 The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— 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).