Constitutional Reform Act 2005
This Act does not adversely affect—
the existing constitutional principle of the rule of law, or
the Lord Chancellor's existing constitutional role in relation to that principle.
A person may not be recommended for appointment as Lord Chancellor unless he appears to the Prime Minister to be qualified by experience.
The Prime Minister may take into account any of these—
experience as a Minister of the Crown;
experience as a member of either House of Parliament;
experience as a qualifying practitioner;
experience as a teacher of law in a university;
other experience that the Prime Minister considers relevant.
In this section “qualifying practitioner” means any of these—
a person who has a Senior Courts qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);
an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;
a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.
The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary.
Subsection (1) does not impose any duty which it would be within the legislative competence of the Scottish Parliament to impose.
A person is not subject to the duty imposed by subsection (1) if he is subject to the duty imposed by section 1(1) of the Justice (Northern Ireland) Act 2002 (c. 26).
The following particular duties are imposed for the purpose of upholding that independence.
The Lord Chancellor and other Ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary.
The Lord Chancellor must have regard to—
the need to defend that independence;
the need for the judiciary to have the support necessary to enable them to exercise their functions;
the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters.
In this section “the judiciary” includes the judiciary of any of the following—
the Supreme Court;
any other court established under the law of any part of the United Kingdom;
any international court.
In subsection (7) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—
an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or
a resolution of the Security Council or General Assembly of the United Nations.
In this section “the judiciary” also includes every person who—
holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and
but for this subsection would not be a member of the judiciary for the purposes of this section.
The offices are those of—
Senior President of Tribunals;
President of Employment Tribunals (Scotland);
Vice President of Employment Tribunals (Scotland);
member of a panel of Employment Judges (Scotland);
member of a panel of members of employment tribunals that is not a panel of Employment Judges;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of continued judicial independence) substitute—
In section 91(2) of that Act (extent: provisions not restricted to Northern Ireland), before paragraph (a) insert—.
The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.
The President of the Supreme Court may lay before Parliament written representations on matters that appear to the President to be matters of importance relating to the Supreme Court or to the jurisdiction it exercises.
In relation to Scotland the matters mentioned in subsections (A1) and (1) do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.
In relation to Northern Ireland the matters mentioned in subsections (A1) and (1) do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.
In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).
In this section “chief justice” means—
in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;
in relation to Scotland, the Lord President of the Court of Session.
The Lord Chief Justice of Northern Ireland may lay before the Northern Ireland Assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in Northern Ireland.
The matters are—
excepted or reserved matters to which a Bill for an Act of the Northern Ireland Assembly relates;
transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.
In subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the Northern Ireland Act 1998.
The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England and Wales.
As President of the Courts of England and Wales he is responsible—
for representing the views of the judiciary of England and Wales to Parliament, to the Lord Chancellor and to Ministers of the Crown generally;
for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of England and Wales within the resources made available by the Lord Chancellor;
for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts.
The President of the Courts of England and Wales is president of the courts listed in subsection (4) and is entitled to sit in any of those courts.
The courts are— the Court of Appeal the High Court the Crown Court the family court the county court the magistrates' courts.
In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2)(Lord Chancellor to be president of the Supreme Court of England and Wales) ceases to have effect.
There is to be a Head of Criminal Justice.
The Head of Criminal Justice is—
the Lord Chief Justice, or
if the Lord Chief Justice appoints another person, that person.
The Lord Chief Justice may appoint a person to be Deputy Head of Criminal Justice.
The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—
the Lord Chief Justice has consulted the Lord Chancellor;
the person to be appointed is a judge of the Court of Appeal.
A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.
The President of the Family Division is Head of Family Justice.
The Lord Chief Justice may appoint a person to be Deputy Head of Family Justice.
The Lord Chief Justice must not appoint a person under subsection (2) unless these conditions are met—
the Lord Chief Justice has consulted the Lord Chancellor;
the person to be appointed is an ordinary judge of the Court of Appeal.
A person appointed as Deputy Head of Family Justice holds that office in accordance with the terms of his appointment.
In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—
For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute—
Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.
Part 2 of the Schedule contains amendments of Acts that contain rule-making powers.
Those amendments—
provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and
make consequential provision.
Part 1 of Schedule 2 sets out a process for the exercise of powers to give directions.
Part 2 of the Schedule contains amendments of Acts that contain powers to give directions.
Those amendments—
provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and
make consequential provision.
Schedule 3 provides for—
Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and
the modification of enactments relating to those offices.
Schedule 4 provides for—
the transfer of functions to or from the Lord Chancellor,
the modification of other functions of the Lord Chancellor,
the modification of enactments relating to those functions, and
the modification of enactments relating to the organisation of the courts.
Schedule 5 makes similar provision about functions under legislation relating to Northern Ireland.
This section applies during any period when—
the office of Lord Chief Justice is vacant, or
the Lord Chief Justice is incapacitated.
During such a period—
any function of the Lord Chief Justice may be exercised by the senior Head of Division;
anything which falls to be done in relation to the Lord Chief Justice may be done in relation to the senior Head of Division.
The senior Head of Division is—
the Master of the Rolls, or
the President of the Queen's Bench Division, if the office in paragraph (a) is vacant, or
the President of the Family Division, if the offices in paragraphs (a) and (b) are vacant, or
the Chancellor of the High Court, if the offices in paragraphs (a), (b) and (c) are vacant.
For the purposes of this section—
the Lord Chief Justice is to be regarded as incapacitated only if at least three of the Heads of Division declare in writing that they are satisfied that he is incapacitated;
in such a case, the Lord Chief Justice is to be regarded as incapacitated until at least three of the Heads of Division declare in writing that they are satisfied that he is no longer incapacitated.
In this section—
“Lord Chief Justice” means the Lord Chief Justice of England and Wales;
“incapacitated”, in relation to the Lord Chief Justice, means unable to exercise the functions of that office;
“Head of Division” means each of the office holders referred to in subsection (3).
In the Promissory Oaths Act 1868 (c. 72) after section 6 insert—
The section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section.
Schedule 6 contains amendments relating to the Speakership of the House of Lords.
The Lord Chancellor may by order make provision for any of these purposes—
to transfer an existing function of the Lord Chancellor to another person;
to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person;
to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor;
to modify an existing function of the Lord Chancellor;
to abolish an existing function of the Lord Chancellor.
An order under subsection (1) may in particular—
amend or repeal any of the following—
an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
any other instrument or document, including a prerogative instrument;
include— which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1).
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this Act.
An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc).
An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7.
An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order—
becomes exercisable by the Lord Chancellor concurrently with another person, or
is modified.
An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1).
In this section—
“the senior judges” means—
Any reference to the Lord Chancellor and keeper or commissioners for the custody of the great seal of Great Britain for the time being in section 1 of the Cestui que Vie Act 1707 is to be construed as a reference to a judge of the Chancery Division of the High Court.
Section 109 of the London Building Acts (Amendment) Act 1939 (constitution etc of tribunal appeal) is amended as follows. In subsection (1)(i) for “if he thinks fit” substitute “, if he thinks fit and if the Lord Chief Justice agrees,”. After subsection (2) insert—
In regulation 4 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (President of Employment Tribunals), after paragraph (5) insert—
Section 24 of the Land Law (Ireland) Act 1896 (power to nominate judge to act as additional land judge) is amended as follows. For “Lord Chancellor” in each place substitute “Lord Chief Justice”. The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
In section 288B of the Criminal Procedure (Scotland) Act 1995 (appeal against a determination of a devolution issue)—
in the sidenote and in subsection (1), for “Judicial Committee of the Privy Council” substitute “Supreme Court”; and
in subsection (3), for “Judicial Committee” substitute “Supreme Court”.
The Commissioner who is the most senior of the persons appointed as judicial members is vice-chairman of the Commission. For the purposes of sub-paragraph (1)— In the absence of the chairman, the vice-chairman may exercise the chairman’s functions other than under the following provisions—
The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Commissioners.
The Ombudsman must be appointed for a fixed period. But an appointment is subject to paragraphs 4 and 5.
The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.
Unless the Ombudsman has made arrangements under paragraph 10, the Lord Chancellor may make arrangements for assistance to be provided to the Ombudsman.
The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Ombudsman and any person appointed under paragraph 7 to exercise his functions.
“Financial year” in this Schedule, means— The Judicial Appointments and Conduct Ombudsman. The Judicial Appointments and Conduct Ombudsman.
A person—
The Ombudsman may at any time— The Lord Chancellor may not remove the Ombudsman from office unless he is satisfied that the Ombudsman—
It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make or give designated directions. The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)— In this Part—
This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts. In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”. An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.
Article 46 of the County Courts (Northern Ireland) Order 1980 (county court rules committee) is amended as follows. In paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”. After paragraph (1) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 73(2) of the Justice (Northern Ireland) Act 2002 (c. 26).
In the Administration of Justice (Appeals) Act 1934, omit section 1 (restrictions on appeal from Court of Appeal).
In the Army Act 1955, in section 113C (review of sentences by Courts-Martial Appeal Court)—
in subsection (4)—
for “House of Lords for their opinion” substitute “Supreme Court for its opinion”;
for “the House shall consider the point and give their opinion” substitute “the Supreme Court shall consider the point and give its opinion”;
for the words from “deal with it themselves” to the end of the subsection substitute “itself deal with the case.”;
in subsection (5) for “the House of Lords” in each place and “that House” substitute “the Supreme Court”;
in subsections (6) and (7) for “House of Lords” in each place substitute “Supreme Court”.
In the Geneva Conventions Act 1957, in section 4 (appeals by protected persons) in subsection (1A) for “House of Lords” substitute “Supreme Court”.
In the Caravan Sites and Control of Development Act 1960, in section 32 (application of Part 1 to Scotland) in subsection (2) for “House of Lords” in each place substitute “Supreme Court”.
In the Commonwealth Secretariat Act 1966, in section 1 (the Commonwealth Secretariat, its privileges and immunities) in subsection (4)(a) for “House of Lords” in each place substitute “Supreme Court”.
In the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968, in section 4 (provisions relating to Northern Ireland), in subsection (2) for “House of Lords” substitute “Supreme Court”.
The Taxes Management Act 1970 is amended as follows. In section 56 (statement of case for the opinion of the High Court)— In section 56A (appeals from the Special Commissioners)— In section 58 (proceedings in tax cases in Northern Ireland) in subsection (2C) for “House of Lords” substitute “Supreme Court”.
In the Prosecution of Offences (Northern Ireland) Order 1972, in Article 5 (functions of the Director), in paragraph (1)(f) for “House of Lords” substitute “Supreme Court”.
In the Industry Act 1975, in Schedule 3 (arbitration) in paragraph 23(2) for “House of Lords” in each place substitute “Supreme Court”.
The Judicature (Northern Ireland) Act 1978 is amended as follows. Part 3 is renamed “The Court of Appeal and the Supreme Court”. In section 35 (appeals to Court of Appeal from High Court) in subsection (5) for “House of Lords” substitute “Supreme Court”. In section 41 (appeals to the House of Lords in other criminal matters)— In section 42 (appeals to the House of Lords in civil cases)— In section 43 (appeals to House of Lords from High Court) and in the sidenote for that section, for “House of Lords” in each place substitute “Supreme Court”. In section 44 (appeal in cases of contempt of court)— In Schedule 1 (appeals to House of Lords in certain criminal matters)—
The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows. In section 31 (right of appeal to House of Lords)— In section 32 (application for leave to appeal) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”. In section 33 (hearing and disposal of appeal)— In section 34 (further reference to House of Lords)— In section 36 (detention of defendant pending appeal by Crown) for “House of Lords” in each place substitute “Supreme Court”. In section 37 (legal aid), in subsection (3) for the words from “by the House of Lords” to “order of that House” substitute “under Supreme Court Rules”. In section 38 (presence of defendant at hearing)— In section 39 (computation of sentence) in subsection (2) for “House of Lords” substitute “Supreme Court”. In section 40 (restitution of property) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”. In section 41 (costs) for “the House of Lords” and “the House” in each place substitute “the Supreme Court”. In section 42 (taxation of costs)— In Schedule 3 (procedural and other modifications for capital cases) in paragraph 3 and in the italic heading preceding that paragraph for “House of Lords” substitute “Supreme Court”.
The Supreme Court Act 1981 is amended as follows. In section 9 (assistance for transaction of judicial business) in subsection (6A) for “House of Lords” substitute “Supreme Court”. In section 16 (appeals from High Court) in subsection (1) for “House of Lords” substitute “Supreme Court”. In section 28A (proceedings on case stated) in subsection (4) for “House of Lords” substitute “Supreme Court”. In sections 54(5) and 55(4)(b) (court of civil and court of criminal division) for “House of Lords” substitute “Supreme Court”. In section 58 (calling into question of incidental decisions), in subsection (2) for “House of Lords” substitute “Supreme Court”.
In the Civil Jurisdiction and Judgments Act 1982, in section 6 (appeals under the Lugano Convention)—
in subsection (1)(a) for “House of Lords” in each place substitute “Supreme Court”;
in subsection (2) for “the House of Lords” and “that House” substitute “the Supreme Court”.
The Transport Act 1985 is amended as follows. In section 9 (appeals against traffic regulation conditions) in subsection (9) for “House of Lords” in each place substitute “Supreme Court”. In Schedule 4 (consultation, powers and proceedings of the Transport Tribunal), in paragraph 14(7) for “House of Lords” substitute “Supreme Court”, and for “that Court” substitute “the Court of Appeal or Court of Session (as the case may be)”.
In the Legal Aid (Scotland) Act 1986, in Part 1 of Schedule 2 (courts in which civil legal aid is available), for “House of Lords” substitute “Supreme Court”.
The Criminal Justice Act 1988 is amended as follows. In section 36 (reviews of sentencing)— In Schedule 3 (reviews of sentencing_supplementary)—
In the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, in Article 10 (restrictions on reporting)—
in paragraph (5)(c), for “House of Lords” substitute “Supreme Court”;
in paragraph (6), for “the House of Lords” and “that House” in each place substitute “the Supreme Court”;
in paragraphs (7) and (8), for “House of Lords” in each place substitute “Supreme Court”.
In the Child Support Act 1991, in section 28ZC (restrictions on liability in certain cases of error) in subsection (6) in the definition of “the court”, for “House of Lords” substitute “Supreme Court”.
In the Child Support (Northern Ireland) Order 1991, in Article 28ZC (restrictions on liability in certain cases of error) in paragraph (6) in the definition of “the court”, for “House of Lords” substitute “Supreme Court”.
In the Arbitration Act 1996, in Schedule 2 (modifications of Part 1 in relation to judge-arbitrators) in paragraph 2(2) for “House of Lords” substitute “Supreme Court”.
In the Road Traffic Offenders (Northern Ireland) Order 1996, in Article 45 (power of appellate courts in Northern Ireland to suspend disqualification) in paragraph (3) for “House of Lords” substitute “Supreme Court”.
The Human Rights Act 1998 is amended as follows. In section 4 (declaration of incompatibility) in subsection (5) for paragraph (a) substitute—. In section 5 (right of Crown to intervene) in subsections (4) and (5) for “House of Lords” in each case substitute “Supreme Court”. In section 6 (acts of public authorities) omit subsection (4).
In the Powers of Criminal Courts (Sentencing) Act 2000, in sections 132(4) and 139(9), and in subsections (4) and (5) of section 140 (compensation order on restoration of conviction, powers and duties of Crown Court in relation to fines, and enforcement of fines imposed), for “House of Lords” in each case substitute “Supreme Court”.
In the Child Support, Pensions and Social Security Act 2000, in Schedule 7 (housing benefit and council tax benefit: revisions and appeals), for paragraph 18(6)(d) substitute—.
In the International Criminal Court Act 2001, in section 9 (appeal against refusal of delivery order: England and Wales) for “House of Lords” in each place substitute “Supreme Court”.
In the Licensing Act 2003, in section 130 (powers of appellate court to suspend order under section 129), in subsection (4) for “House of Lords” substitute “Supreme Court”.
The Extradition Act 2003 is amended as follows. In section 32 (appeal to House of Lords) in the sidenote and in subsections (1), (3), (4)(b), (6) and (8)(b) for “House of Lords” substitute “Supreme Court”. In section 114 (appeal to House of Lords) in the sidenote and in subsections (1), (3), (4)(b), (6), and (8)(b) for “House of Lords” substitute “Supreme Court”. In each of the following provisions for “House of Lords” in each place substitute “Supreme Court”— In section 185 (free legal aid: supplementary)—
In the Access to Justice (Northern Ireland) Order 2003, in Schedule 2 (civil legal services: excluded services) in paragraph 2(a)(i) for “House of Lords” substitute “Supreme Court”.
The Commission consists of— appointed by Her Majesty on the recommendation of the Lord Chancellor.
a chairman, and
14 other Commissioners,
In this Part “designated directions” means directions under another Act which are, by virtue of provision in that Act, to be made or given in accordance with this Part.
In section 124 of the Supreme Court Act 1981 (place for deposit of original wills and other documents), for “as the Lord Chancellor may direct” substitute “as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.
Section 5 of the Public Notaries Act 1843 (refusal of master of faculties to grant a faculty) is amended as follows. For “chancellor of England or the lord keeper of the great seal” substitute “Chancellor of the High Court”. The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section. This paragraph is subject to section 2(3) and (4) of the Statute Law (Repeals) Act 1998 (repeals relating to Isle of Man and Channel Islands).
Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39)) is amended as follows. In the paragraph beginning “In England and Wales” for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”. 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 the preceding paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding paragraph—
Section 22 of the Administration of Justice Act 1925 (registration of deeds of arrangement) is amended as follows. In subsection (5) for “by the Lord Chancellor with the concurrence” substitute “by the Lord Chief Justice with the concurrence of the Lord Chancellor and”. After subsection (5) insert—
The Judicial Pensions Act 1981 is amended as follows.
The Courts and Legal Services Act 1990 is amended as follows.
In section 9 of the Defamation Act 1996 (meaning of summary relief), after subsection (2) insert—
The Lord Chancellor may exercise his power under sub-paragraph (3) to remove a person appointed to the panel of chairmen for England and Wales only with the concurrence of the Lord Chief Justice.
Rule 7 of the Reserve Forces Appeal Tribunals Rules 1997 (acknowledgement and registration of appeal and request to select tribunal) is amended as follows. In sub-paragraph (c), for the words from “Lord Chancellor” to “Northern Ireland” substitute “person who under section 92(2) of the Act is authorised to do so,”.
The Crime and Disorder Act 1998 (powers of magistrates' courts exercisable by single justice etc) is amended as follows.
Schedule 13 (Financial Services and Markets Tribunal) of the Financial Services and Markets Act 2000 is amended as follows. The Lord Chancellor may appoint a person under sub-paragraph (7)(b) only after consulting the following— 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— The Lord Chancellor may remove a person under sub-paragraph (2) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— In paragraph 8 (sittings) after “Lord Chancellor may” insert “, after consulting the President of the Financial Services and Markets Tribunal,”.
Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office Company: supplementary provisions) is amended as follows. In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”. In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.
Section 26 of the International Criminal Court Act 2001 (definitions) is amended as follows—
that section becomes subsection (1) of section 26;
in that subsection for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”;
after that subsection insert—
The Northern Ireland Act 1998 is amended as follows.
The Lands Clauses Consolidation Act 1845 is amended as follows. For “Supreme Court” in each place, except in section 3, substitute “Senior Courts”. Any reference to the Senior Courts shall, where it relates to monies to be paid or deposited in respect of lands situate in Northern Ireland, be read as a reference to the Court of Judicature.
In the Great Seal (Offices) Act 1874, in section 5 (transfer of duties of cursitors and clerk of the petty bag)—
for “of the Supreme Court” substitute “of the Senior Courts”;
for the words from “under the Supreme Court” to “amending the same” substitute “within the meaning given in the Interpretation Act 1978”.
The Commissioners for Oaths Act 1889 is amended as follows. For “Supreme Court” in each place, except in section 11, substitute “Senior Courts”. In section 11 omit the definition of “Supreme Court”.
In the Registered Designs Act 1949, in section 31 (evidence before registrar) in paragraph (b) before “as regards” insert “or of the Court of Judicature”.
The Solicitors Act 1974 is amended as follows. In section 6 (keeping of the roll) in subsection (1) for “Supreme Court” substitute “Senior Courts”. In section 19 (rights of practising and rights of audience)— In section 29 (non-British subjects as solicitors) for “of the Supreme Court or of the Supreme Court of Northern Ireland” substitute “of the Senior Courts or of the Court of Judicature”. In section 50 (jurisdiction over solicitors)— In section 87 (interpretation) in the definitions of “contentious business”, “the roll”, and “solicitor” for “Supreme Court” substitute “Senior Courts”.
In the Interpretation Act 1978, in Schedule 1 (words and expressions defined)—
“Supreme Court” means the Supreme Court of the United Kingdom.
“Court of Judicature” means the Court of Judicature of Northern Ireland. “Senior Courts” means the Senior Courts of England and Wales.
The Administration of Justice Act 1982 is amended as follows. In the following provisions for “Supreme Court” or “Supreme Court of Judicature” substitute “Court of Judicature”— In section 47 (interpretation of Part 6) in the definition of “Accountant General” for “the Accountant General of the Supreme Court” substitute “in relation to England and Wales, the Accountant General of the Senior Courts and, in relation to Northern Ireland, the Accountant General of the Court of Judicature”.
The Taxation of Chargeable Gains Act 1992 is amended as follows. In section 61 (funds in court) in subsection (3)—
The Northern Ireland Act 1998 is amended as follows. In Schedules 2 and 3 for “Supreme Court of Judicature” substitute “Court of Judicature”. In paragraph 12(1) of Schedule 12 for “Supreme Court of Judicature of Northern Ireland” substitute “Court of Judicature”.
A panel appointed under paragraph 7(2) must have four members (subject to sub-paragraph (7)). The first member must be a person selected by the Lord Chancellor with the agreement of the Lord Chief Justice (or, if the office of Lord Chief Justice is vacant, with the agreement of the senior Head of Division). That member is to be chairman of the panel. The second member must be the Lord Chief Justice or his nominee, unless the office of Lord Chief Justice is vacant. If that office is vacant, the second member must be the senior Head of Division or his nominee. The third member must be a person nominated by the first member. The chairman of the Commission must also be a member of the panel unless his office is vacant or is the office for which a recommendation is to be made. A person must not be a member of the panel if he is employed in the civil service of the State. A person must not be the first member if he is one of the following— A person must not be the third member if he is a member of the House of Commons. The Lord Chancellor before selecting a person to be appointed as the first member, and the Lord Chief Justice or Head of Division before agreeing to the selection, must consider these questions— The first member must consider the same questions before nominating a person to be appointed as the third member.
The Fines Act 1833 ceases to have effect.
In the Sheriffs Act 1887, in section 6 (nomination and appointment of sheriffs) in subsection (1) omit “the Lord Chancellor,”.
Section 36 of the Patronage (Benefices) Measure 1986 ceases to have effect.
In the Jurisdiction in Rating Act 1877, in section 3 (interpretation) in the definition of “Judge” for the words from “any Lord of Appeal” to the end of the definition substitute “any judge of the Supreme Court and any person acting as a judge of that court under section 38 of the Constitutional Reform Act 2005.”
The Supreme Court of Judicature Act 1891 ceases to have effect.
The Ecclesiastical Jurisdiction Measure 1963 is amended as follows. In section 11 (review of commissions of convocation or Court of Ecclesiastical Causes Reserved) for “Lords of Appeal (within the meaning of the Appellate Jurisdiction Act 1876)” substitute “judges of the Supreme Court, or members of the supplementary panel under section 39 of the Constitutional Reform Act 2005,”. “high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;
The Administration of Justice Act 1973 is amended as follows. In section 9 (judicial salaries) omit subsection (1)(a). In section 12 (retirement of higher judiciary in event of incapacity)—
The Supreme Court Act 1981 is amended as follows. In section 2 (the Court of Appeal), in subsection (2)(c) for “Lord of Appeal in Ordinary” substitute “judge of the Supreme Court”. In section 9 (assistance for transaction of judicial business), in subsection (8) for paragraph (a)(i) substitute—. In section 11 (tenure of offices), in subsection (4) for “Lord Chancellor or a Lord of Appeal in Ordinary” substitute “a judge of the Supreme Court”. In section 13 (precedence), in subsection (1)(b) for the words “Lords of Appeal in Ordinary” in each place substitute “judges of the Supreme Court”.
“high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;
In paragraph 5 of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (the Commission) for “the Appellate Jurisdiction Act 1876)” substitute “Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council”.
In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (the Pathogens Access Appeal Commission), in paragraph 4(3)(b) for “the Appellate Jurisdiction Act 1876 (c. 59));” substitute “Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council;”.
In Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (the Asylum and Immigration Tribunal) (as inserted by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004), in paragraph 5(1)(a) (President of the Asylum and Immigration Tribunal) for “the Appellate Jurisdiction Act 1859 (c. 59)” substitute “Part 3 of Constitutional Reform Act 2005 or who is or has been a member of the Judicial Committee of the Privy Council”.
The Justice (Northern Ireland) Act 2002 is amended as follows.
In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit “, other than the Lord Chancellor”.
Section 1 (allocation of business between High Court and county courts) is amended as follows. After subsection (1) insert— In subsection (9) for “the President of the Family Division, the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court”. After subsection (12) insert—
Section 10 (appeals against parenting orders) is amended as follows. In subsection (6) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (7) insert—
In the sidenote to section 11 (scrutiny of Bills by the Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In subsection (1) of that section for “Judicial Committee” substitute “Supreme Court”. In subsection (4) of that section—
The Lord Chancellor may pay to a member of a panel appointed under paragraph 7(2) such remuneration, fees or expenses as he may determine.
In section 6, for the words from the beginning to “insert—” substitute “For section 12B of the Judicature (Northern Ireland) Act 1978 substitute—”.
Section 5 (Circuit Judge in England and Wales) is amended as follows. After subsection (1) insert— After subsection (6) insert—
In section 9 (allocation of family proceedings which are within the jurisdiction of the county courts), in subsection (1) for the words from the beginning to “Family Division,” substitute “The President of the Family Division may, after consulting the Lord Chancellor,”.
In section 12 (reconsideration where reference made to ECJ), in subsection (1)(b) for “Judicial Committee” substitute “Supreme Court”.
Constitutional Reform Act 2005 Sections 133 to 135.
Section 7 (stipendiary magistrates in England and Wales) is amended as follows. After subsection (1) insert— After subsection (6) insert—
Section 11 (representation in certain county court cases) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. Omit subsection (10). After subsection (11) insert—
In section 13 (stages of Bills), in subsection (5)(a) for “Judicial Committee decide” substitute “Supreme Court decides”.
Section 13 (Social Security Commissioners) is amended as follows. After subsection (1) insert— After subsection (6)—
Section 73 (delegation of certain administrative functions of Master of the Rolls) is amended as follows. In subsection (3)— After subsection (5) insert—
In section 14 (submission by Secretary of State of Bills for Royal Assent)—
in subsection (2)(b) for “Judicial Committee” substitute “Supreme Court”;
in subsection (3)(a) for “Judicial Committee have” substitute “Supreme Court has”.
In section 119 (interpretation), in subsection (1) in the definition of “designated judge” for “the President of the Family Division or the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division or the Chancellor of the High Court”.
Omit section 82 (proceedings before the Judicial Committee).
In section 98 (interpretation), in subsection (1) omit the entry for “Judicial Committee”.
Part 2 of Schedule 10 (proceedings in Northern Ireland on devolution issues) is amended as follows. In paragraph 7 (reference to Court of Appeal) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 9 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 9 for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 10 (appeals from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 10—
Part 3 of Schedule 10 (proceedings in England and Wales on devolution issues) is amended as follows. In paragraph 16 (reference in civil proceedings), in sub-paragraph (2)(a) for “House of Lords” substitute “Supreme Court”. In paragraph 18 (reference in criminal proceedings) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 19 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 19 for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 20 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 20—
Part 4 of Schedule 10 (proceedings in Scotland on devolution issues) is amended as follows. In paragraph 25 (references to Inner House of Court of Session) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 28 (references from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 28 (references from Court of Session) for “Judicial Committee” substitute “Supreme Court”. In paragraph 29 (references from High Court of Justiciary) for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 30 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 30 (appeal from Inner House of Court of Session) for “Judicial Committee” substitute “Supreme Court”. In paragraph 31 (appeal from other superior courts)—
Part 5 of Schedule 10 (devolution issues: general) is amended as follows. Omit paragraph 32 (proceedings in the House of Lords) and the heading before it. In the heading before paragraph 33 (direct references to the Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 33 (law officers etc requiring court to refer devolution issue) for “Judicial Committee” substitute “Supreme Court”. In paragraph 34 (law officers etc referring devolution issue) for “Judicial Committee” substitute “Supreme Court”. In paragraph 39 (bail and legal aid in criminal proceedings), in sub-paragraphs (2) to (4)—
In paragraph 40 (application of paragraph 39 in particular circumstances), in sub-paragraphs (a) and (b)—
for “Judicial Committee” and “Committee” in each place substitute “Supreme Court”;
for “Court” substitute “Court of Appeal”.
The Lord Chief Justice, or his nominee, may make or give designated directions only with the agreement of the Lord Chancellor. Sub-paragraph (1) does not apply to designated directions to the extent that they consist of guidance about any of the following— Sub-paragraph (1) does not apply to designated directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be made or given only after consulting the Lord Chancellor. If sub-paragraph (1) applies but the Lord Chancellor does not agree designated directions made or given by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the directions.
The chairman must be a lay member. Of the other Commissioners— Of the Commissioners appointed as judicial members— Of the Commissioners appointed as professional members— A Commissioner is not to be taken into account for the purposes of any paragraph of sub-paragraph (2) unless he was appointed for the purposes of that paragraph.
A person must not be appointed as a Commissioner if he is employed in the civil service of the State.
A judicial member is a person who holds an office listed in paragraph 2(3) and who is not a practising lawyer. A professional member is a person who is— A lay member is a person resident in England or Wales who has never held a listed judicial office or been a practising lawyer. A lay justice member is a justice of the peace who—
The Lord Chancellor may by order amend any of the following provisions by substituting a number for the number of Commissioners for the time being specified there— That is subject to the following— The Lord Chancellor may not make an order under this paragraph without the agreement of the Lord Chief Justice.
In this Schedule— A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is— A solicitor of the Senior Courts of England and Wales, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—
The Ministers of the Crown Act 1975 (c. 26) is amended as follows.
In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—
After section 5(3) (Orders under Act to be revocable) insert—
The Lord Chancellor may by order amend Schedule 7 so as to include within that Schedule any function of the Lord Chancellor under an enactment, other than an enactment contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed.
For the purposes of subsection (1) it does not matter whether a function of the Lord Chancellor is exercisable by him alone or concurrently with another person.
An order made under this section may not be revoked by an order made under this section.
This section applies where a function of the Lord Chancellor is transferred to another person (“the transferee”) by any provision of this Act or of an order under section 19 (“the amending provision”).
Where the transferee is Her Majesty, references to the transferee in the following provisions of this section are to be read as references to the Lord Chancellor.
The transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Chancellor before the commencement of the amending provision.
So far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of this Act, as if—
a reference to the Lord Chancellor were a reference to the transferee;
a reference to the Lord Chancellor's Department were a reference to the department of the transferee;
a reference to an officer of the Lord Chancellor were a reference to an officer of the transferee.
Anything done by or in relation to the Lord Chancellor in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee.
Anything which relates to the function and which is in the process of being done by or in relation to the Lord Chancellor at the commencement of the amending provision may be continued by or in relation to the transferee.
Legal proceedings to which the Lord Chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee.
Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Lord Chancellor, his Department or an officer of his.
For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his.
There is to be a Supreme Court of the United Kingdom.
The Court consists of the persons appointed as its judges by Her Majesty by letters patent , but no appointment may cause the full-time equivalent number of judges of the Court at any time to be more than 12.
Her Majesty may from time to time by Order in Council amend subsection (2) so as to increase or further increase the maximum full-time equivalent number of judges of the Court.
No recommendation may be made to Her Majesty in Council to make an Order under subsection (3) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.
Her Majesty may by letters patent appoint one of the judges to be President and one to be Deputy President of the Court.
The judges other than the President and Deputy President are to be styled “Justices of the Supreme Court”.
The Court is to be taken to be duly constituted despite any vacancy ... in the office of President or Deputy President.
For the purposes of this section, the full-time equivalent number of judges of the Court is to be calculated by taking the number of full-time judges and adding, for each judge who is not a full-time judge, such fraction as is reasonable.
On the commencement of section 23—
the persons who immediately before that commencement are Lords of Appeal in Ordinary become judges of the Supreme Court,
the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Court, and
the person who immediately before that commencement is the second senior Lord of Appeal in Ordinary becomes the Deputy President of the Court.
A person is not qualified to be appointed a judge of the Supreme Court unless he has (at any time)—
held high judicial office for a period of at least 2 years,
been a qualifying practitioner for a period of at least 15 years.
been a qualifying practitioner for a period of at least 15 years.
satisfied the judicial-appointment eligibility condition on a 15-year basis, or
been a qualifying practitioner for a period of at least 15 years.
A person is a qualifying practitioner for the purposes of this section at any time when—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he is an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary, or
he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.
This section applies to a recommendation for an appointment to one of the following offices—
judge of the Supreme Court;
President of the Court;
Deputy President of the Court.
A recommendation may be made only by the Prime Minister.
The Prime Minister—
must recommend any person who is selected as a result of the convening of a selection commission under this section;
may not recommend any other person.
Where a person who is not a judge of the Court is recommended for appointment as President or Deputy President, the recommendation must also recommend the person for appointment as a judge.
If there is a vacancy in the office of President of the Court or in the office of Deputy President of the Court, or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.
Schedule 8 is about selection commissions.
If— the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.
the full-time equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and
the Lord Chancellor, or the senior judge of the Court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the Court,
Subsections (5) and (5A) are subject to Schedule 8 (cases where duty to convene a selection commission are suspended).
In subsection (5A)(b) “the senior judge of the Court” means—
the President of the Court, or
if there is no President, the Deputy President, or
if there is no President and no Deputy President, the senior ordinary judge.
Section 27 applies where a selection commission is convened under this section.
For the purposes of this section and Schedule 8, a person is selected as a result of the convening of a selection commission if the person's selection is the final outcome of—
the selection process mentioned in section 27(1) being applied by the commission, and
any process provided for by regulations under section 27A being applied in the particular case.
The commission must—
determine the selection process to be applied by it,
apply the selection process, and
make a selection accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
such of the senior judges as are not members of the commission and are not willing to be considered for selection;
the Lord Chancellor;
the First Minister in Scotland;
the Assembly First Secretary in Wales;
the Secretary of State for Northern Ireland.
The commission must have an odd number of members not less than five.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The members of the commission must include— and more than one of the requirements may be met by the same person's membership of the commission.
at least one who is non-legally-qualified,
at least one judge of the Court,
at least one member of the Judicial Appointments Commission,
at least one member of the Judicial Appointments Board for Scotland, and
at least one member of the Northern Ireland Judicial Appointments Commission,
Subsections (5) to (10) apply to any selection under this section or regulations under section 27A.
If the commission is convened for the selection of a person to be recommended for appointment as President of the Court—
its members may not include the President of the Court, and
it is to be chaired by one of its non-legally-qualified members.
Selection must be on merit.
If the commission is convened for the selection of a person to be recommended for appointment as Deputy President of the Court, its members may not include the Deputy President of the Court.
A person may be selected only if he meets the requirements of section 25.
A person may not be selected if he is a member of the commission.
In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.
The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.
Any selection must be of one person only.
Where two persons are of equal merit—
section 159 of the Equality Act 2010 (positive action: recruitment etc) does not apply in relation to choosing between them, but
Part 5 of that Act (public appointments etc) does not prevent the commission from preferring one of them over the other for the purpose of increasing diversity within the group of persons who are the judges of the Court.
For the purposes of this section a person is non-legally-qualified if the person—
does not hold, and has never held, any of the offices listed in Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), and
is not practising or employed as a lawyer, and never has practised or been employed as a lawyer.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After complying with section 27 the commission must submit a report to the Lord Chancellor.
The report must—
state who has been selected;
state the senior judges consulted under section 27(2)(a) and any judge consulted under section 27(3);
contain any other information required by the Lord Chancellor.
The report must be in a form approved by the Lord Chancellor.
After submitting the report the commission must provide any further information the Lord Chancellor may require.
When he receives the report the Lord Chancellor must consult each of the following—
the senior judges consulted under section 27(2)(a);
any judge consulted under section 27(3);
the First Minister in Scotland;
the Assembly First Secretary in Wales;
the Secretary of State for Northern Ireland.
The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court—
make further provision about membership of selection commissions convened under section 26,
make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and
secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor.
The regulations may in particular—
provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process;
make provision as to things that are, or as to things that are not, to be done by a selection commission—
as part of the selection process applied by it under section 27(1), or
in determining what that process is to be;
provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection;
provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection;
give other functions to the Lord Chancellor;
provide for particular action to be taken by a selection commission after it has complied with section 27;
provide for the dissolution of a selection commission;
provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—
as a member of a selection commission (including functions of chairing a selection commission), or
in relation to the nomination or appointment of members of a selection commission;
provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission;
provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission;
provide for payment to a member of a selection commission of amounts by way of allowances or expenses;
make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b).
Before making regulations under this section the Lord Chancellor must consult—
the First Minister in Scotland,
the Northern Ireland Judicial Appointments Commission,
the First Minister for Wales,
the Lord President of the Court of Session,
the Lord Chief Justice of Northern Ireland, and
the Lord Chief Justice of England and Wales.
Regulations under this section—
may make different provision for different purposes;
may make transitory, transitional or saving provision.
In this section “the senior judge”, in relation to the Court, has the meaning given by section 26(5B).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section refers to the following stages— Stage 1: where a person has been selected under section 27 Stage 2: where a person has been selected following a rejection or reconsideration at stage 1 Stage 3: where a person has been selected following a rejection or reconsideration at stage 2.
At stage 1 the Lord Chancellor must do one of the following—
notify the selection;
reject the selection;
require the commission to reconsider the selection.
At stage 2 the Lord Chancellor must do one of the following—
notify the selection;
reject the selection, but only if it was made following a reconsideration at stage 1;
require the commission to reconsider the selection, but only if it was made following a rejection at stage 1.
At stage 3 the Lord Chancellor must notify the selection, unless subsection (5) applies and he makes a notification under it.
If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may at stage 3 notify that person’s name to the Prime Minister.
In this Part references to the Lord Chancellor notifying a selection are references to his notifying to the Prime Minister the name of the person selected.
Before issuing any selection guidance the Lord Chancellor must—
consult the senior judge of the Supreme Court;
after doing so, lay a draft of the proposed guidance before each House of Parliament.
If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.
In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.
Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the senior judge of the Court.
Selection guidance comes into force on such date as the Lord Chancellor may appoint by order.
Where selection guidance is in force, the Lord Chancellor may revoke the guidance only by—
new selection guidance issued in accordance with the previous provisions of this section, or
an order made after consulting the senior judge of the Court.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power of the Lord Chancellor under section 29 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned.
The power of the Lord Chancellor under section 29 to require the commission to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—
there is not enough evidence that the person is suitable for the office concerned,
there is evidence that the person is not the best candidate on merit, or
there is not enough evidence that if the person were appointed the judges of the Court would between them have knowledge of, and experience of practice in, the law of each part of the United Kingdom.
The Lord Chancellor must give the commission reasons in writing for rejecting or requiring reconsideration of a selection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If under section 29 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the commission must select a person in accordance with this section.
If the Lord Chancellor rejects a selection, the commission—
may not select the person rejected, and
where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.
If the Lord Chancellor requires a selection to be reconsidered, the commission—
may select the same person or a different person, but
where the requirement is following a rejection, may not select the person rejected.
The commission must inform the Lord Chancellor of the person selected following a rejection or requirement to reconsider.
A person who is appointed as President of the Court must, as soon as may be after accepting office, take the required oaths in the presence of—
the Deputy President, or
if there is no Deputy President, the senior ordinary judge.
A person who is appointed as Deputy President of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—
the President, or
if there is no President, the senior ordinary judge.
A person who is appointed as a judge of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—
the President, or
if there is no President, the Deputy President, or
if there is no President and no Deputy President, the senior ordinary judge.
Subsections (1) and (2) apply whether or not the person appointed as President or Deputy President has previously taken the required oaths in accordance with this section after accepting another office.
Subsection (3) does not apply where a person is first appointed as a judge of the Court upon appointment to the office of President or Deputy President.
In this section “required oaths” means— as set out in the Promissory Oaths Act 1868 (c. 72).
the oath of allegiance, and
the judicial oath,
A judge of the Supreme Court holds that office during good behaviour, but may be removed from it on the address of both Houses of Parliament.
A judge of the Supreme Court is entitled to a salary.
The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.
Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.
A determination under subsection (2) may increase but not reduce the amount.
Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.
Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.
A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.
The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.
In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—
is disabled by permanent infirmity from the performance of the duties of his office, and
is for the time being incapacitated from resigning his office.
The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.
A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.
But such a declaration has no effect unless it is made—
in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;
in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;
in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.
In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—
in the first column, substitute “ Judge of the Supreme Court ”, and
in the second column, in each place substitute “ judge of the Supreme Court ”.
In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.
At the request of the President of the Supreme Court any of the following may act as a judge of the Court—
a person who holds office as a senior territorial judge;
a member of the supplementary panel under section 39.
A request under subsection (1) may be made by the Deputy President of the Court if there is no President or the President is unable to make that request.
In section 26(7) of the Judicial Pensions and Retirement Act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute—.
Every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the Supreme Court (and so may perform any of the functions of a judge of the Court).
A person is not to be treated under subsection (4) as a judge of the Court for the purposes of any statutory provision relating to—
the appointment, retirement, removal or disqualification of judges of the Court,
the tenure of office and oaths to be taken by judges of the Court, or
the remuneration, allowances or pensions of judges of the Court.
Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person is not to be treated under subsection (4) as having been a judge of the Court if he has acted in the Court only under this section.
Such remuneration and allowances as the Lord Chancellor may with the agreement of the Treasury determine may be paid out of money provided by Parliament to any person who acts as a judge of the Court under this section.
In this section “office as a senior territorial judge” means office as any of the following—
a judge of the Court of Appeal in England and Wales;
a judge of the Court of Session, but only if the holder of the office is a member of the First or Second Division of the Inner House of that Court;
a judge of the Court of Appeal in Northern Ireland, unless the holder holds the office only by virtue of being a puisne judge of the High Court.
There is to be a panel of persons known as the supplementary panel.
On the commencement of this section any member of the House of Lords who— becomes a member of the panel.
meets one of the conditions in subsection (3),
does not hold high judicial office,
has not attained the age of 75, and
is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,
The conditions are—
that he ceased to hold high judicial office less than 5 years before the commencement of this section;
that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;
that he ceased to be a member of that Committee less than 5 years before that commencement.
A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office or within 2 years of ceasing to hold such office—
his membership of the panel is approved in writing by the President of the Supreme Court, and
the President of the Court gives the Lord Chancellor notice in writing of the approval.
Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.
Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—
while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,
he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or
his office is declared vacant under section 36.
A person does not become a member of the supplementary panel under subsection (4) or (6) if—
on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or
on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.
A member of the supplementary panel may resign by notice in writing to the President of the Court.
Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—
at the end of 5 years after the last day on which he holds his qualifying office, or
if earlier, at the end of the day on which he attains the age of 75.
In this section—
“office as a senior territorial judge” has the same meaning as in section 38;
a person's “qualifying office” is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.
The Supreme Court is a superior court of record.
An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 9—
transfers other jurisdiction from the House of Lords to the Court,
transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and
makes other amendments relating to jurisdiction.
The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.
An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.
Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.
A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.
A decision of the Supreme Court on a devolution matter—
is not binding on that Court when making such a decision;
otherwise, is binding in all legal proceedings.
In this section “devolution matter” means—
a question referred to the Supreme Court under section ... 99 or 112 of the Government of Wales Act 2006, section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);
a devolution issue as defined in Schedule 9 to the Government of Wales Act 2006 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.
The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—
the Court consists of an uneven number of judges;
the Court consists of at least three judges;
more than half of those judges are permanent judges.
Paragraphs (a) and (b) of subsection (1) are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.
Paragraph (b) of subsection (1) is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.
This section is subject to section 43.
In this section—
“directions” means directions given by the President of the Court;
“specified”, in relation to directions, means specified in those directions;
references to permanent judges are references to those judges of the Court who are not acting judges under section 38.
This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.
This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.
The presiding judge may direct that the Court is still duly constituted in the proceedings.
The presiding judge may give a direction under this section only if—
the parties agree;
the Court still consists of at least three judges (whether the number of judges is even or uneven);
at least half of those judges are permanent judges.
Subsections (2) and (3) are subject to directions given by the President of the Court.
If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.
In this section—
“presiding judge” means the judge who is to preside, or is presiding, over proceedings;
references to permanent judges have the same meaning as in section 42.
If the Supreme Court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it.
Any remuneration payable to such an adviser is to be determined by the Court unless agreed between the adviser and the parties to the proceedings.
Any remuneration forms part of the costs of the proceedings.
The President of the Supreme Court may make rules (to be known as “Supreme Court Rules”) governing the practice and procedure to be followed in the Court.
The power to make Supreme Court Rules includes power to make different provision for different cases, including different provision—
for different descriptions of proceedings, or
for different jurisdiction of the Supreme Court.
The President must exercise the power to make Supreme Court Rules with a view to securing that—
the Court is accessible, fair and efficient, and
the rules are both simple and simply expressed.
Before making Supreme Court Rules the President must consult all of the following—
the Lord Chancellor;
the bodies listed in subsection (5);
such other bodies that represent persons likely to be affected by the Rules as the President considers it appropriate to consult.
The bodies referred to in subsection (4)(b) are— The General Council of the Bar of England and Wales; The Law Society of England and Wales; The Faculty of Advocates of Scotland; The Law Society of Scotland; The General Council of the Bar of Northern Ireland; The Law Society of Northern Ireland.
Supreme Court Rules made by the President of the Supreme Court must be submitted by him to the Lord Chancellor.
Supreme Court Rules submitted to the Lord Chancellor—
come into force on such day as the Lord Chancellor directs, and
are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
A statutory instrument containing Supreme Court Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—.
In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—.
The Supreme Court is to have a chief executive.
It is for the President of the Court to appoint the chief executive.
The President of the Court may delegate to the chief executive any of these functions—
functions of the President under section 49(1) or 51A(1)(a) or (b);
non-judicial functions of the Court.
The chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the President of the Court.
The President of the Supreme Court may appoint officers and staff of the Court.
It is for the chief executive of the Supreme Court to determine the following matters—
the number of officers and staff of the Court;
subject to subsections (2A) and (3), the terms on which officers and staff are to be appointed.
Accordingly, the civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the Court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the State.
Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.
In subsection (3) “the civil service pension arrangements” means—
the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11), and
any other superannuation benefits for which provision is made under or by virtue of section 1 of that Act for or in respect of persons in employment in the civil service of the State.
The Lord Chancellor must ensure that the Supreme Court is provided with the following—
such court-houses, offices and other accommodation as the Lord Chancellor thinks are appropriate for the Court to carry on its business;
such other resources as the Lord Chancellor thinks are appropriate for the Court to carry on its business.
The Lord Chancellor may discharge the duty under subsection (1) by—
providing accommodation or other resources, or
entering into arrangements with any other person for the provision of accommodation or other resources.
The powers to acquire land for the public service conferred by— are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b).
section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and
section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),
The Scottish Ministers may make payments by way of contribution to the costs incurred by the Lord Chancellor in providing the Court with resources in accordance with subsection (1)(b).
In this section “court-house” means any place where the Court sits, including the precincts of any building in which it sits.
The chief executive of the Supreme Court must ensure that the Court's resources are used to provide an efficient and effective system to support the Court in carrying on its business.
In particular—
appropriate services must be provided for the Court;
the accommodation provided under section 50 must be appropriately equipped, maintained and managed.
The Lord Chancellor may, with the agreement of the Treasury, by order prescribe fees payable in respect of anything dealt with by the Supreme Court.
An order under this section may, in particular, contain provision about—
scales or rates of fees;
exemptions from fees;
reductions in fees;
whole or partial remission of fees.
When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.
Before making an order under this section, the Lord Chancellor must consult all of the following—
the persons listed in subsection (5);
the bodies listed in subsection (6).
The persons referred to in subsection (4)(a) are—
the President of the Supreme Court;
the Lord Chief Justice of England and Wales;
the Master of the Rolls;
the Lord President of the Court of Session;
the Lord Chief Justice of Northern Ireland;
the Lord Justice Clerk;
the President of the Queen's Bench Division;
the President of the Family Division;
the Chancellor of the High Court.
The bodies referred to in subsection (4)(b) are—
the General Council of the Bar of England and Wales;
the Law Society of England and Wales;
the Faculty of Advocates of Scotland;
the Law Society of Scotland;
the General Council of the Bar of Northern Ireland;
the Law Society of Northern Ireland.
Supreme Court fees are recoverable summarily as a civil debt.
The Lord Chancellor must take such steps as are reasonably practicable to bring information about Supreme Court fees to the attention of persons likely to have to pay them.
In this section “Supreme Court fees” means fees prescribed in an order under section 52.
A Supreme Court security officer is a person who is—
appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and
designated by the President as a Supreme Court security officer.
The President may give directions as to—
training courses to be completed by Supreme Court security officers;
conditions to be met before a person may be designated as a Supreme Court security officer.
For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty.
In those sections “court building” means any building—
where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and
to which the public has access.
A Supreme Court security officer acting in the execution of the officer's duty may search—
any person who is in, or seeking to enter, a court building, and
any article in the possession of such a person.
Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear.
A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses—
to permit a search under subsection (1), or
to surrender an article in the person's possession when asked to do so under section 51C(1).
A Supreme Court security officer acting in the execution of the officer's duty may— if it is reasonably necessary to do so for one of the purposes given in subsection (5).
restrain any person who is in a court building, or
exclude or remove any person from a court building, or a part of a court building,
The purposes are—
enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;
maintaining order;
securing the safety of any person in the court building.
A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of—
a judge of the Supreme Court, or
a member of the Judicial Committee of the Privy Council.
The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.
If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.
The grounds are that the article—
may jeopardise the maintenance of order in the court building (or a part of it),
may put the safety of any person in the court building at risk, or
may be evidence of, or in relation to, an offence.
Subject to subsection (4), a Supreme Court security officer may retain an article which was— until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.
surrendered in response to a request under subsection (1), or
seized under that subsection,
If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until— whichever is the later.
the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or
the end of the permitted period,
In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.
Subsections (3) to (5) do not apply where a knife is— but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).
surrendered to a Supreme Court security officer in response to a request under subsection (1), or
seized by a Supreme Court security officer under that subsection,
If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.
In this section “knife” includes—
a knife-blade, and
any other article which—
has a blade or is sharply pointed, and
is made or adapted for use for causing injury to the person.
The Lord Chancellor may by regulations make provision as to—
the provision to persons— of written information about the powers of retention of Supreme Court security officers,
by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or
from whom articles have been seized under that subsection,
the keeping of records about articles which have been so surrendered or seized,
the period for which unclaimed articles have to be kept, and
the disposal of unclaimed articles at the end of that period.
In subsection (1) “unclaimed article” means an article—
which has been retained under section 51C,
which a person is entitled to have returned,
which has not been returned, and
whose return has not been requested by a person entitled to it.
Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—
the procedure to be followed when a knife is retained under section 51C;
the making of requests by eligible persons for the return of knives so retained;
the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.
In subsection (3)—
Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence.
A person guilty of an offence under subsection (1) is liable on summary conviction—
to imprisonment for a term not exceeding 12 months, or
to a fine not exceeding level 5 on the standard scale, or
to both.
Subsection (2) applies— as if the reference to 12 months were a reference to 6 months.
in England and Wales in relation to offences committed before 2 May 2022, and
in Northern Ireland,
A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence.
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
As soon as practicable after each financial year, the chief executive of the Supreme Court must prepare a report about the business of the Supreme Court during that year and give a copy of that report to the following persons—
the Lord Chancellor;
the First Minister in Scotland;
the First Minister and the deputy First Minister in Northern Ireland;
the First Minister for Wales.
The Lord Chancellor must lay a copy of any report of which a copy is given under subsection (1)(a) before each House of Parliament.
Each of the following is a “financial year” for the purposes of this section—
the period which begins with the date on which this section comes into force and ends with the following 31 March;
each successive period of 12 months.
The Supreme Court is to have an official seal.
Every document purporting to be sealed with the official seal of the Supreme Court is to be received in evidence in all parts of the United Kingdom without further proof.
The Public Records Act 1958 (c. 51) is amended as follows.
In section 8 (court records)—
in subsection (1) after “such records” insert “other than records of the Supreme Court,”;
after subsection (1) insert—
In Schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert—.
Schedule 10 contains transitional provision relating to proceedings under jurisdiction which is transferred to the Supreme Court by this Act from the House of Lords or the Judicial Committee of the Privy Council.
The Northern Ireland Act 1998 (c. 47) is amended as follows.
In Schedule 2 (excepted matters), after paragraph 11 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Supreme Court of England and Wales is renamed the Senior Courts of England and Wales.
The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.
The Northern Ireland Supreme Court Rules Committee is renamed the Northern Ireland Court of Judicature Rules Committee.
Any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the Senior Courts, the Court of Judicature or the Northern Ireland Court of Judicature Rules Committee (as the case may be).
Schedule 11 (which makes amendments in connection with the renaming) has effect.
Unless otherwise provided, amendments made by an enactment (A) (whether or not in force) to another enactment (B)—
are not included in references in that Schedule to enactment A;
are included in references in that Schedule to enactment B.
In this Part—
where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation;
the President of the Family Division;
The Supreme Court Act 1981 is amended as follows.
The Mental Health Act 1983 is amended as follows.
In section 77 of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after subsection (4) insert—
In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and county court), after subsection (3) insert—
In section 334 of the Education Act 1996 (Special Educational Needs Tribunal: President and members), in subsection (3)—
after “Lord Chancellor” in the first place insert “and of the Lord Chief Justice”;
after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
Schedule 17 to the Finance Act 2003 (stamp duty land tax: General and Special Commissioners, appeals and other proceedings) is amended as follows. The Lord Chancellor may make regulations under this paragraph only after consulting all of the following— 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— The Lord Chancellor may make regulations under this paragraph only after consulting all of the following— 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— In paragraph 5 (regulations about quorum)— Any power to make regulations under this Schedule is exercisable—
Section 130 of the Supreme Court Act 1981 (fees to be taken in Supreme Court) is amended as follows. In subsection (2)(a) for “President of the Family Division and the Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division and the Chancellor of the High Court”. In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 263 of Schedule 8 to the Courts Act 2003 (c. 39).
In section 9 of the Magistrates' Courts Act (Northern Ireland) 1964 (appointment and assignment of resident magistrates), in subsections (3) and (5) for “Lord Chancellor” substitute “Lord Chief Justice”.
In section 85 of the Land Registration Act (Northern Ireland) 1970, after subsection (2) insert—
The Judicature (Northern Ireland) Act 1978 is amended as follows.
The Administration of Estates (Northern Ireland) Order 1979 is amended as follows.
The Magistrates' Courts (Northern Ireland) Order 1981 is amended as follows.
The Insolvency (Northern Ireland) Order 1989 is amended as follows.
The Family Law (Northern Ireland) Order 1993 is amended as follows.
The Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 is amended as follows. In the Schedule, in rule 6 (appointment of tribunal)—
The Government of Wales Act 1998 is amended as follows.
Section 12B of the Judicature (Northern Ireland) Act 1978 as substituted by section 6 of the Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows. In subsection (3)(b) at the end insert “or, if the Lord Chancellor is not a member of that House, by another Minister of the Crown at his request.” In subsections (4) and (5) for “Neither the Prime Minister nor the Lord Chancellor may make” substitute “The Prime Minister may not make, and the Lord Chancellor may not make or request the making of,”. In subsection (7) for the words from “and the Lord Chancellor” to the end substitute “and a person making such a motion in the House of Lords shall lay a copy of them before that House before making the motion.”
Section 2 (membership of the Court of Appeal) is amended as follows. In subsection (2)— After subsection (2) insert— After subsection (4) insert— In subsection (6)—
Section 93 (judicial authorities and Court of Protection) is amended as follows. In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice shall, after consulting the Lord Chancellor,”. In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”. In subsection (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (4) insert—
Section 7 (further assistance for transaction of judicial business) is amended as follows. In subsections (1) and (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (4) insert—
Article 20 (inheritance tax accounts) is amended as follows. In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After paragraph (2) insert—
Article 6A (costs in legal proceedings) is amended as follows. In paragraph (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. After paragraph (4) insert—
In Article 359 (insolvency rules), after paragraph (1) insert—
Article 12 (family proceedings rules) is amended as follows. In paragraph (1) for the words from “which” to “court” substitute “which may make rules of court in accordance with Article 12A”. In paragraph (3) for “rules of court made under this Article” substitute “family proceedings rules”. In paragraph (4) for “Rules of court made under this Article” substitute “Family proceedings rules”. In paragraph (5)—
In Part 1 of Schedule 8 (devolution issues: preliminary) omit paragraph 1(2)(a) (definition of “the Judicial Committee”).
Section 3 (Divisions of Court of Appeal) is amended as follows. In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor”. After subsection (5) insert—
In section 94 (exercise of the judge’s functions: the patient), in subsection (1) omit “by the Lord Chancellor or”.
Section 47 (exercise of jurisdiction by Crown Court) is amended as follows. In subsection (2)— In subsection (3) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”. In subsection (5) after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”. After subsection (6) insert—
Article 23 (keeping and inspection of wills and other documents) is amended as follows. In paragraph (1) for “Lord Chancellor” in the second place substitute “Lord Chief Justice”. In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After paragraph (4) insert—
Article 11 (petty sessions and petty sessions districts) is amended as follows. In paragraph (2) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. In paragraph (3) for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
Article 360 (committee to review insolvency rules) is amended as follows. In paragraph (1) for “continue to be a committee appointed by the Lord Chancellor” substitute “be a committee appointed by the Lord Chief Justice”. In paragraph (2)(f) for “Lord Chancellor” substitute “Lord Chief Justice”. After paragraph (2) insert—
After Article 12 insert—
Part 2 of Schedule 8 (proceedings in England and Wales on devolution issues) is amended as follows. In paragraph 7 (reference in civil proceedings), in sub-paragraph (2)(a) for “House of Lords” substitute “Supreme Court”. In paragraph 9 (reference in criminal proceedings) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 10 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 10 for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 11 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 11—
Section 4 (membership of the High Court) is amended as follows. In subsection (1)— After subsection (4) insert— In subsection (6)—
In section 96 (powers of the judge as to the patient’s property and affairs), in subsection (3) omit “the Lord Chancellor or”.
In section 48 (committal for trial on indictment), in subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice”.
Article 24 (records of grants) is amended as follows. In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After paragraph (2) insert—
In Article 12 (holding of petty sessions in courthouse), in paragraph (a) for “Lord Chancellor” substitute “Lord Chief Justice”.
Article 364 (insolvent partnerships) is amended as follows. In paragraph (1) after “concurrence of” insert “the Lord Chief Justice and”. After paragraph (1) insert—
In Schedule 2 (Northern Ireland Family Proceedings Rules Committee), paragraph 2 is amended as follows. That paragraph becomes sub-paragraph (1) of paragraph 2. In that sub-paragraph— The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—
Part 3 of Schedule 8 (proceedings in Scotland on devolution issues) is amended as follows. In paragraph 15 (references to Inner House of Court of Session) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 18 (references from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 18 (references from Court of Session) for “Judicial Committee” substitute “Supreme Court”. In paragraph 19 (references from High Court of Justiciary) for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 20 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 20 (appeal from Inner House of Court of Session) for “Judicial Committee” substitute “Supreme Court”. In paragraph 21 (other appeals from superior courts)—
Section 5 (divisions of the High Court) is amended as follows. In subsection (1)(a) for the words from “the Lord Chancellor” to “vice-president thereof,” substitute “the Chancellor of the High Court, who shall be president thereof,”. In subsection (1)(b) for “who shall be president thereof” substitute “, the President of the Queen’s Bench Division”. In subsection (2) for “of the Lord Chancellor” in each place substitute “given by the Lord Chief Justice after consulting the Lord Chancellor”. with the concurrence of both of the following— After subsection (5) insert—
In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit “the Lord Chancellor or” in both places.
In section 52 (Crown Court rules), in subsection (1) for the words from the beginning to “prescribing—” substitute—.
Article 26 (copies of wills etc to be delivered to Inland Revenue Commissioners). In paragraph (1) for “Lord Chancellor” in each place substitute “Lord Chief Justice”. After paragraph (1) insert—
Article 13 (magistrates' courts rules) is amended as follows. In paragraph (1) omit the words from “or as” to “Article 14”. In paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”. For paragraph (3) substitute— In paragraph (5), after “member of the committee” insert “as the Lord Chief Justice shall designate”.
Article 365 (insolvent estates of deceased persons) is amended as follows. In paragraph (1) after “concurrence of” insert “the Lord Chief Justice and”. After paragraph (1) insert—
Part 4 of Schedule 8 (proceedings in Northern Ireland on devolution issues) is amended as follows. In paragraph 25 (reference to Court of Appeal) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 27 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 27 for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 28 (appeals from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 28—
Section 6 (the Patents, Admiralty and Commercial Courts) is amended as follows. In subsection (2) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”. After subsection (2) insert—
In section 105 (appeals), in subsection (2) omit “from any decision of the Lord Chancellor or”.
Section 53 (membership of the Crown Court Rules Committee) is amended as follows. In subsection (1)(c) and (d) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”. After subsection (1) insert—
Omit Article 14 (recommendations by Rules Committee to Lord Chancellor).
Part 5 of Schedule 8 (devolution issues: general) is amended as follows. Omit paragraph 29 (proceedings in the House of Lords) and the heading before it. In the heading before paragraph 30 (direct references to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 30 (law officer requiring court or Assembly to refer devolution issue), in sub-paragraph (1) for “Judicial Committee” substitute “Supreme Court”. In paragraph 31 (Attorney General or Assembly referring devolution issue), in sub-paragraph (1) for “Judicial Committee” substitute “Supreme Court”. Omit paragraphs 32 to 34 (proceedings before the Judicial Committee) and the heading before paragraph 32.
Section 7 (power to alter Divisions etc) is amended as follows. In subsection (1) after “recommendation of” insert “the Lord Chancellor and”. In subsection (2)—
Section 108 (general provisions as to rules under Part 7) is amended as follows. For subsection (1) substitute— After subsection (2) insert— Paragraph 16 of Schedule 1 also amends section 108.
After section 53 insert—
In Article 15 (rules under or for the purpose of particular enactments), in paragraph (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows. In subsection (2)— After subsection (2) insert— In subsection (4)— After subsection (8) insert—
Section 111 (construction of references in other Acts) is amended as follows. In subsection (1) omit “by the Lord Chancellor or”. In subsection (2) omit “the Lord Chancellor,”. In subsection (4)—
Section 55 (rules of court) is amended as follows. In subsection (1) for the words from the beginning to “with respect to—” substitute—. In subsection (2) for the words from the beginning to “make rules—” substitute—. In subsection (3) for “made by the Rules Committee” substitute “made under this section”.
In Article 37 (discharge or committal for trial), in paragraph (5) omit “Without prejudice to Article 14,”.
Section 10 (appointment of judges of Supreme Court) is amended as follows. In subsection (1)— In subsection (2) after “may” insert “, on the recommendation of the Lord Chancellor,”. In subsection (3)(a) for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”. For subsection (4) substitute—
Schedule 2 (mental health review tribunals) is amended as follows. In paragraph 1(b) and (c) omit “after consultation with the Secretary of State”. After paragraph 1 insert—
After section 55 insert—
In Article 168 (directions), omit “on the Lord Chancellor”.
Section 11 (tenure of office) is amended as follows. In subsection (1) omit “except the Lord Chancellor”. After subsection (3) insert— In subsection (9)(a) for “the President of the Family Division and the Vice-Chancellor,” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court,”.
Section 58 (sittings of High Court and Court of Appeal) is amended as follows. In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (3) insert—
In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit “, other than the Lord Chancellor,”.
Section 60 (taxation of costs) is amended as follows. In subsection (1) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”. After subsection (2) insert—
Section 13 (precedence of judges of Supreme Court) is amended as follows. For subsections (2) and (3) substitute— In subsection (4) for “Vice-Chancellor” substitute “Chancellor of the High Court”.
Section 68 (departments of the Supreme Court) is amended as follows. In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief Justice”. In subsection (4) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (6) insert—
In section 44 (extraordinary functions of judges of High Court), in subsection (2) omit “the Lord Chancellor,”.
In section 71 (tenure of office of statutory officers), in subsection (3) omit “Lord Chancellor's”.
In section 56B (allocation of cases in criminal division), in subsection (1) for “with the concurrence of the Lord Chancellor” substitute “after consulting the Lord Chancellor”.
Section 75 (Official Solicitor) is amended as follows. In subsection (2)(b) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (2) insert—
Section 57 (Court of Appeal: sittings and vacations) is amended as follows. In subsection (2) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”. After subsection (4) insert—
Section 103 (appointment of justices of the peace) is amended as follows. In subsection (6) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”. In subsection (7) after “Lord Chancellor may direct” insert “, after consultation with the Lord Chief Justice,”.
Section 61 (distribution of business among Divisions) is amended as follows). In subsection (3)— After subsection (8) insert—
Omit section 104 (under-sheriffs).
Section 63 (business assigned to specially nominated judges) is amended as follows. In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”. In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice, after consulting the Lord Chancellor, to be”. After subsection (3) insert—
Section 112 (oaths and affidavits) is amended as follows. In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (7) insert—
Section 68 (exercise of jurisdiction of High Court otherwise than by judges of that court) is amended as follows. In subsection (1)(a) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”. In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”. After subsection (7) insert—
In section 119 (making and control of subordinate legislation), in subsection (5) omit “on the Lord Chancellor”.
Section 71 (High Court: sittings and vacations) is amended as follows. In subsection (2) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”. After subsection (5) insert—
Schedule 6 (transitional provisions) is amended as follows. Omit paragraph 6(a). In paragraph 9(b) after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”. After paragraph 9 insert— Omit paragraphs 11(3), 14 and 17.
Section 74 (appeals and committals for sentence) is amended as follows. After subsection (5) insert— After subsection (7) insert—
Section 78 (Crown Court: sittings) is amended as follows. In subsection (3) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”. After subsection (3) insert—
Section 82 (duties of officers of Crown Court) is amended as follows. In subsection (1) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”. After subsection (2) insert—
Omit section 84(8) (rules of court for Crown Court etc to be made by statutory instrument).
Section 86 (the Crown Court Rule Committee) is amended as follows. In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “by a committee known as the Crown Court Rule Committee, which is to consist of the following persons—”. For subsections (2) to (4) substitute—
After section 86 insert—
Section 91 (deputies and temporary appointments) is amended as follows. In subsection (1)— After subsection (1) insert— After subsection (6) insert—
Section 92 (tenure of office) is amended as follows. In subsection (5) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”. In subsection (6) after “also” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (7) insert—
Section 96 (Central Office) is amended as follows. In subsection (1) leave out “Lord Chancellor may” and insert “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”. In subsection (2) for “of the Lord Chancellor under this section” substitute “under subsection (1)”. After subsection (2) insert—
In section 98 (judges' clerks and secretaries), in subsection (1) for “the President of the Family Division and the Vice-Chancellor” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court”.
Section 99 (district registries) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (2) insert—
Section 104 (district probate registries) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (2) insert—
Section 131 (conveyancing counsel of Supreme Court) is amended as follows. In subsection (2) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”. After subsection (2) insert—
“senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;
Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows. After subsection (3) insert— After subsection (4) insert— In subsection (7) after “Lord Chancellor” insert “and the relevant judges”. After subsection (8) insert— After subsection (11) insert— After subsection (17) insert—
Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (the arbitration tribunal) is amended as follows. After subsection (2) insert— In subsection (3) for the words from the beginning to “consist of” substitute “For the hearing of any proceedings, the arbitration tribunal shall, subject to subsection (4) below, consist of”. After subsection (8) insert— At the end insert—
Omit section 142 of the Rent Act 1977 (rules as to procedure).
The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence— 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—
Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows. In paragraph (a)— Omit paragraph (b).
Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows. In paragraph 2 (membership of Reinstatement Committees), for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.
Section 31 of the Land Drainage Act 1991 (composition and incidental powers of the Agricultural Land Tribunal) is amended as follows. After subsection (1) insert— After subsection (5) insert—
Section 76 of the Local Government Act 2000 (case tribunals and interim case tribunals) is amended as follows. In subsection (9) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (9) insert— In subsection (12) after “Lord Chancellor must” insert “consult the Lord Chief Justice and”. After subsection (14) insert—
The Enterprise Act 2002 is amended as follows.
Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) is amended as follows. In the paragraph beginning “In England” for “Lord High Chancellor of Great Britain” substitute “Lord Chief Justice of England and Wales”. 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 the preceding paragraph. In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39).
In section 25(1) of the Maintenance Orders Act 1950 (power to make rules about procedure under section 144 of the Magistrates' Court Act 1980), for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”. In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 91(2) of Schedule 8 to the Courts Act 2003.
The Mental Health (Northern Ireland) Order 1986 is amended as follows.
The President, the Deputy President, an ordinary judge of the Court or a territorial judge is disqualified for the purposes of membership of a selection commission if it appears to the Lord Chancellor that that person is for the time being incapacitated from serving as a member of that commission. The Deputy President is disqualified for the purposes of membership of a selection commission for the office of President unless he gives the Lord Chancellor notice that he is not willing to be appointed to the current vacancy. An ordinary judge of the Court is disqualified for the purposes of membership of a selection commission for the office of President or Deputy President unless he gives the Lord Chancellor notice that he is not willing to be appointed to the current vacancy. A territorial judge is disqualified for the purposes of membership of any selection commission unless he gives the Lord Chancellor notice that he is not willing to be appointed to the current vacancy.
In this Schedule—
“selection commission for the office of President” means a selection commission convened in the case of a vacancy in the office of President;
“selection commission for the office of Deputy President” means a selection commission convened in the case of a vacancy in the office of Deputy President;
“selection commission for the office of judge” means a selection commission convened in the case of a vacancy among the ordinary judges;
“current vacancy”, in relation to a selection commission, means the vacancy in relation to which that commission has been convened.
Section 268 (disqualification from office: general) is amended as follows. In subsection (7)— After subsection (15) insert—
Article 83 (procedure of tribunal) is amended as follows. In paragraph (1) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. After paragraph (1) insert—
In this Part of this Schedule— For the purposes of this Part of this Schedule— Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of sub-paragraph (2).
The Lord Chancellor may remove a person from office as President under sub-paragraph (4) only with the concurrence of all of the following— The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
Schedule 3 (Mental Health Review Tribunal for Northern Ireland) is amended as follows. In paragraph 1— After paragraph 1 insert—
In Schedule 6 to the Mental Health (Northern Ireland) Order 1986 (transitional provisions), omit paragraph 19.
“prescribed” means prescribed by regulations under section 115 or, subject to section 117(2), by rules under section 117;
the President of the Family Division;
In the Registered Homes (Northern Ireland) Order 1992, Article 30 (constitution of panels for chairmen and members of Social Care Tribunals) is amended as follows. In paragraph (3) after “suitable” insert “after consultation with the Lord Chief Justice”. After paragraph (3) insert—
In Schedule 2 to the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (the Care Tribunal), paragraph (1) (composition of Care Tribunal) is amended as follows. For sub-paragraph (2)(a) substitute—. The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph— In paragraph (3) (tenure of office), omit sub-paragraph (3).
Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows. In paragraph 1 (juvenile court panels)— In relation to the enactment referred to in this paragraph, the original amending provision is section 86 of, and Schedule 13 to, the Justice (Northern Ireland) Act 2002 (c. 26).
Any duty imposed on the Lord Chancellor under this Act to convene a selection commission for the office of judge does not apply if any of the following conditions are met at the time when the Lord Chancellor should convene that commission— Where sub-paragraph (1) applies, the Lord Chancellor must convene a selection commission for the office of judge as soon as practicable after the Lord Chancellor notifies a selection made by a selection commission in respect of the vacancy in the office of President or Deputy President. Sub-paragraph (1) applies to the duty under sub-paragraph (2) to convene a commission as it applies to all other such duties.
This paragraph applies to any fee due under the rules of the original court in relation to transferred proceedings which was unpaid on the transfer day. As from the transfer day, the fee is payable as if it were due under the corresponding Supreme Court Rules.
In section 12 of the Inclosure Act 1859 (adaptation of references to patron where patronage is in the Crown) for the words from “Lord High” to “Great Seal” substitute “Prime Minister”.
Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-Warden’s Court) is amended as follows. In subsection (1) after “may” insert “, after consulting the Lord Chief Justice,”. After subsection (2) insert—
Section 45 of the Children and Young Persons Act 1933 (youth courts) (as amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows. In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice, with the concurrence of the Lord Chancellor,”. In subsection (4) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”. In subsection (5) after “Lord Chancellor” insert “or Lord Chief Justice”. After subsection (8) insert—
The Pension Appeal Tribunals Act 1943 is amended as follows.
The Registered Designs Act 1949 is amended as follows.
In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of— substitute “Her Majesty”.
All Hallows London Wall,
St. Margaret Pattens, and
St. Mary Aldermary,
Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to making certain orders under the Act) is amended as follows.
In section 145 of the Mental Health Act 1959 (general provisions as to regulations, orders and rules) omit “or the Lord Chancellor”.
Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as follows. That section becomes subsection (1) of section 15. In that subsection for “Lord Chancellor” substitute “Lord Chief Justice”. After that subsection insert—
The Taxes Management Act 1970 is amended as follows.
Schedule 3 to the Misuse of Drugs Act 1971 (tribunal, advisory bodies and professional panels) is amended as follows. In the table in paragraph 21 (application of Parts 1 to 3 to Northern Ireland), in the entry for paragraph 1— In that table, in the entry for paragraph 13—
The Juries Act 1974 is amended as follows.
The Local Land Charges Act 1975 is amended as follows.
In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure), omit subsection (5).
The Coroners Act 1988 is amended as follows.
The Copyright, Designs and Patents Act 1988 is amended as follows.
In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for miscarriages of justice) for paragraph 6 (power of removal) substitute—
The Tribunal and Inquiries Act 1992 is amended as follows.
Section 23 of the Welsh Language Act 1993 (oaths and affirmations) is amended as follows. That section becomes subsection (1) of section 23. In that subsection after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice of England and Wales,”. After that subsection insert—
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
“office” includes a position of any description;
In section 54 of the Trustee Act 1925 (jurisdiction in regard to mental patients), for the paragraph after subsection (2)(d) substitute—
The Family Law Act 1996 is amended as follows.
For section 5 of the Civil Procedure Act 1997 substitute—
The Courts-Martial (Appeals) Act 1951 is amended as follows.
In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3 (appointments) is amended as follows. In sub-paragraph (4) for “by the Lord Chancellor and” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor, and by”. 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 paragraph.
Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) is amended as follows. For subsection (1) substitute— After subsection (4) insert—
In section 16 of the Land Charges Act 1972 (general rules), in subsection (2) omit “of the Lord Chancellor, with the concurrence of the Secretary of State,”.
Schedule 6 to the Data Protection Act 1998 (appeal proceedings) (as amended by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36)) is amended as follows. The Lord Chancellor may make, or revoke, a designation under this paragraph only with the concurrence of all of the following— 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 sub-paragraph (3) so far as they relate to a designation under this paragraph. 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 sub-paragraph (3) so far as they relate to a designation under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (3) so far as they relate to a designation under this paragraph— In paragraph 3 (constitution of Tribunal in national security cases) (as substituted by paragraph 2 of Schedule 4 to the Freedom of Information Act 2000)—
The Access to Justice Act 1999 is amended as follows.
The Terrorism Act 2000 is amended as follows.
The Transport Act 2000 is amended as follows.
In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens Access Appeal Commission), paragraph 4 (sittings) is amended as follows. In sub-paragraph (1) after “direct” insertafter consulting the following— 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 sub-paragraph (1). 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 sub-paragraph (1). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—
The Extradition Act 2003 is amended as follows.
The Railways Act 1993 is amended as follows.
Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases) is amended as follows. That paragraph becomes sub-paragraph (1) of paragraph 3. The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following— 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36).
The Coroners Act (Northern Ireland) 1959 is amended as follows.
The County Courts (Northern Ireland) Order 1980 is amended as follows.
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).
In this Part “designated rules” means rules under another Act which are, by virtue of provision in that Act, to be made in accordance with this Part.
In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (6A)(a) for “by the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), in the second paragraph of subsection (2)—
in paragraph (a) omit “by the Lord Chancellor”;
in paragraph (b) omit “by the President of the Family Division with the concurrence of the Lord Chancellor”.
Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is amended as follows. In subsection (1), for the words from “the Lord Chancellor” to the end substitute “Her Majesty.” After that subsection insert— For subsection (3) substitute—. Before subsection (8) insert—
Any duty imposed on the Lord Chancellor under this Act to convene a selection commission for the office of Deputy President does not apply if any of the following conditions are met at the time when the Lord Chancellor should convene that commission— Where sub-paragraph (1) applies, the Lord Chancellor must convene a selection commission for the office of Deputy President as soon as practicable after the Lord Chancellor notifies a selection made by a selection commission in respect of the vacancy in the office of President. Sub-paragraph (1) applies to the duty under sub-paragraph (2) to convene a commission as it applies to all other such duties.
In section 6 of the Nautical Assessors (Scotland) Act 1894 (calling in nautical assessors to assist) —
in the sidenote, for “House of Lords” substitute “Supreme Court”;
for “House of Lords” in the first place substitute “Supreme Court”; and
for “Orders made by the House of Lords” substitute “Supreme Court Rules”.
In the Miners' Welfare Act 1952, in section 17 (application to Scotland) in subsection (3) for “House of Lords” substitute “Supreme Court”.
In the Administration of Justice Act 1956, in Schedule 1 (provisions applicable to Northern Ireland) in paragraph 4A for “House of Lords” substitute “Supreme Court”.
In the Agricultural Marketing Act 1958, in section 12(2) (enforcement of decision of disciplinary committee and power to state case: Scotland), in paragraph (a) for “House of Lords” in each place substitute “Supreme Court”.
In section 2A of the Backing of Warrants (Republic of Ireland) Act 1965 (statement of case by court) for “House of Lords” in each place substitute “Supreme Court”.
The Courts-Martial (Appeals) Act 1968 is amended as follows. In section 5 (constitution of court for particular sittings) in subsection (3)(b) for “House of Lords” substitute “Supreme Court”. In sections 39 and 40 (right of appeal, and application for leave to appeal)— In section 41 (hearing and disposal of appeal)— In sections 42 and 43 (bail, and detention of accused) for “House of Lords” in each place substitute “Supreme Court”, and in section 42 for “the Court” substitute “the Appeal Court”. In section 44 (presence of accused at hearing)— In section 45 (effect of repeal on sentence) in subsection (1) for “House of Lords” in each place substitute “Supreme Court”. In section 46 (restitution of property) for “the House of Lords” and “the House” in each place substitute “the Supreme Court”. In section 47 (costs) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”, and for “the Court or the House” substitute “the Appeal Court or the Supreme Court”. In sections 50 and 57 (duties of registrar with respect to appeals etc, and interpretation) for “House of Lords” substitute “Supreme Court”.
The Administration of Justice Act 1969 is amended as follows. Part 2 is renamed “Appeal from High Court to Supreme Court”. In section 12 (grant of certificate by trial judge) for “House of Lords” in each place substitute “Supreme Court”. In section 13 (leave to appeal to House of Lords)— Omit section 14 (appeal where leave granted). In section 15 (cases excluded from s 12) in subsection (2)(b) for “House of Lords” substitute “Supreme Court”.
In the Criminal Justice Act 1972, in section 36 (reference to Court of Appeal of point of law following acquittal on indictment)—
in subsection (3) for “the House of Lords” and “that House” in each place substitute “Supreme Court”, and for “court that” substitute “Court of Appeal that”;
in subsection (4)—
for “the House of Lords” substitute “the Supreme Court”;
for the words from “the House shall consider the point” to the end of the subsection, substitute “the Supreme Court shall consider the point and give its opinion on it accordingly.”;
in subsection (5) for “House of Lords” substitute “Supreme Court”, and for “the court or the House” substitute “the Court of Appeal or the Supreme Court”.
In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable) in subsection (1)(a) and in subsection (2)(a) for “House of Lords” substitute “Supreme Court”.
In the Aircraft and Shipbuilding Industries Act 1977, in Schedule 7 (procedure etc of arbitration tribunal) in paragraph 9(2) for “House of Lords” in each place substitute “Supreme Court”.
The Solicitors (Scotland) Act 1980 is amended as follows. In section 20(2)(a) (duty of Council of Law Society of Scotland to supply lists of solicitors holding practising certificates), for sub-paragraph (ii) substitute—. In section 25A (rights of audience)—
The Contempt of Court Act 1981 is amended as follows. In section 16 (enforcement of fines imposed by certain superior courts) in subsection (4) for “House of Lords” substitute “Supreme Court”. In section 19 (interpretation) in the definition of “Scottish proceedings” for “House of Lords” substitute “Supreme Court”, and in the definition of “superior court” after “means”, insert “the Supreme Court”, and omit the words from “and includes” to the end.
In the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, in paragraph 1(a) of Part I of Schedule 1 (proceedings for which legal aid may be given) for “House of Lords” substitute “Supreme Court”.
The Prosecution of Offences Act 1985 is amended as follows. In section 3 (functions of the Director), in subsection (2)(f)(ii) for “House of Lords” substitute “Supreme Court”. In sections 16(5), 17(1)(b), and 18(2)(b) (payment of prosecution costs, defendant’s costs orders, and award of costs on dismissal of appeal or application) for “House of Lords” in each place substitute “Supreme Court”. In section 20 (regulations) at subsection (8)(b) for “House of Lords” substitute “Supreme Court”.
In the Insolvency Act 1986, in section 277(3)(b) (petition based on criminal bankruptcy order)—
for “House of Lords” substitute “Supreme Court”;
for the words from “section 40(5)” to the end of the section substitutesubsection (4).
The Income and Corporation Taxes Act 1988 is amended as follows. In section 705A (statement of case by tribunal)— In section 705B (proceedings in Northern Ireland), in subsection (2) for “House of Lords” substitute “Supreme Court”.
In the Road Traffic Offenders Act 1988, in section 40 (power of appellate courts in England and Wales to suspend disqualification) in subsection (3) for “House of Lords” substitute “Supreme Court”.
In the New Roads and Street Works Act 1991, in section 158 (arbitration) in subsections (2) and (3) for “House of Lords” in each place substitute “Supreme Court”.
In the Land Drainage Act 1991, in Schedule 3 (procedure with respect to certain orders), in paragraph 7(3) for “House of Lords” substitute “Supreme Court”.
In the Tribunals and Inquiries Act 1992, in section 11 (appeals from certain tribunals) in subsection (7)(d) for “House of Lords” in each place substitute “Supreme Court”.
In the Proceeds of Crime (Northern Ireland) Order 1996, in paragraph (6)(b) of Article 13 (application of procedure for enforcing fines) for “House of Lords” substitute “Supreme Court”.
The Competition Act 1998 is amended as follows. In section 38 (the appropriate level of a penalty) for subsection (10)(d) substitute— In section 47A (monetary claims before Tribunal) in subsection (7)(d) for “House of Lords” substitute “Supreme Court”. In section 58A (findings of infringements) in subsection (4)(c) for “House of Lords” substitute “Supreme Court”. In Schedule 13 (transitional provisions and savings) in paragraph 10 for sub-paragraph (6)(e) substitute—
The Access to Justice Act 1999 is amended as follows. In section 57 (assignment of appeals to Court of Appeal) in subsection (1) for “House of Lords” substitute “Supreme Court”. In Schedule 2 (community legal service: excluded services) for paragraph 2(1)(a) substitute—.
In the Terrorism Act 2000, in section 6 (further appeal) in subsection (3) for “House of Lords” substitute “Supreme Court”.
In the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, in Schedule 7 (housing benefit: revisions and appeals), for paragraph 18(6)(c) substitute—.
The Proceeds of Crime Act 2002 is amended as follows. In section 33 (appeal to House of Lords) in the sidenote and in subsections (1) and (3) to (5) for “House of Lords” in each place substitute “Supreme Court”. In each of sections 44 and 66 (appeal to House of Lords) in the sidenote and subsections (1) and (3) for “House of Lords” in each place substitute “Supreme Court”. In section 85 (proceedings) in subsection (6) for “House of Lords” in each place substitute “Supreme Court”. In section 90 (procedure on appeal to the House of Lords) in sidenote and in subsections (1) and (2) for “House of Lords” in each place substitute “Supreme Court”. In section 183 (appeal to House of Lords) in sidenote and in subsections (1) and (3) to (5) for “House of Lords” in each place substitute “Supreme Court”. In each of sections 193 and 214 (appeal to House of Lords), in the sidenote and in subsections (1) and (3) for “House of Lords” in each place substitute “Supreme Court”. In section 233 (proceedings) in subsection (6) for “House of Lords” in each place substitute “Supreme Court”. In section 238 (procedure on appeal to the House of Lords) and in the sidenote for that section, for “House of Lords” in each place substitute “Supreme Court”.
The Courts Act 2003 is amended as follows. In section 88 (extension of time for criminal appeals)— In section 91 (extension of time for appeals from Courts-Martial Appeals Court)—
In section 323(2)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (suspension of decision of Mental Health Tribunal for Scotland until expiry of time allowed to appeal), for “House of Lords” in each place substitute “Supreme Court”.
In section 93(2) of the Mental Health Act 1983 (c. 20) (Court of Protection) for “the Lord Chancellor” substitute “Her Majesty”.
Schedule 2 to the Children and Young Persons Act 1933 (constitution of youth courts) is amended as follows. In paragraph 6— In paragraph 14 after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In paragraph 15(b)— In paragraph 16 for “consent of the Lord Chancellor,” substitute “consent of the Lord Chief Justice, given after consulting the Lord Chancellor,”. In paragraph 18— After paragraph 21 insert— In relation to the enactments referred to in this paragraph, the original amending provision is Schedule 10 to the Courts Act 2003.
In section 27 of the Courts Act 1971, in the definition of “the senior judges” in subsection (9) for “the Vice-Chancellor and the President of the Family Division” substitute “the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court”. In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 139(a) of Schedule 8 to the Courts Act 2003.
The Resident Magistrates' Pensions Act (Northern Ireland) 1960 is amended as follows.
Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows. In paragraph 8 (regulations), after “Lord Chancellor” insert “after consultation with the Lord Chief Justice”.
Schedule 10 to the Social Security (Northern Ireland) Act 1975 (supplementary provision as to Local Tribunals, Commissioners etc) is amended as follows. The Lord Chancellor must consult the Lord Chief Justice before satisfying himself as mentioned in sub-paragraph (1)(c). The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (1ZA)— The Lord Chancellor must consult the Lord Chief Justice before requiring a person to resume the duties of Commissioner in accordance with sub-paragraph (5). The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (5A)—
Article 7 of the Reserve and Auxiliary Forces (Protection of Civil Interests) (Northern Ireland) Order 1979 (modifications of section 5 of Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 in application to Northern Ireland) is amended as follows. After paragraph (1) insert— In paragraph (2), in subsections (6) and (7) substituted for subsection (6) of the 1951 Act, for “this section” substitute “subsection (1)”. After paragraph (2) insert—
“Financial year” in this Schedule, means— The Judicial Appointments Commission. The Judicial Appointments Commission.
In the Schedule to the Promissory Oaths Act 1868 (persons to take oaths) in Part 2 omit “The Lord Chancellor of Great Britain”.
In section 37 of the Administration of Justice Act 1964 (financial provisions) omit subsection (2).
The Priests (Ordination of Women) Measure 1993 is amended as follows. Omit section 2(4)(c) (notice of declaration by Bishop to be given to Lord Chancellor). In section 7(1) (benefices in the patronage of the Crown etc), omit the words from “and to” to “Lord Chancellor”.
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
A Commissioner must be appointed for a fixed period. But an appointment is subject to paragraphs 13 to 15.
A person—
may not be appointed as a Commissioner for more than 5 years at a time, and
may not hold office as a Commissioner for periods (whether or not consecutive) totalling more than 10 years.
A Commissioner— But if (before or after an event within paragraph (a) or (b) of sub-paragraph (1)) the Lord Chancellor directs in a particular case that that paragraph is to be disregarded for a period specified in the direction, the person continues to be a Commissioner until the end of that period, subject to the terms of his appointment and the other provisions of this Schedule. A Commissioner ceases to be a Commissioner if he becomes employed in the civil service of the State.
A Commissioner may at any time— The Lord Chancellor may not under sub-paragraph (1) recommend that a Commissioner be removed from office unless he is satisfied that the Commissioner— A recommendation on the ground mentioned in sub-paragraph (2)(a) may not be made more than 3 months after the end of the period mentioned there.
In section 1 (retiring age of resident magistrates), omit “Lord Chancellor's”.
In section 2 (pensions of resident magistrates), after subsection (6) insert—
Omit section 11 (resident magistrates already serving).
For the title to section 12 substitute “Rules about procedure”. In subsection (1) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”. In subsection (2) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.
In section 28 (provisions with respect to office of Judge Advocate of fleet), after subsection (3) insert—
Section 56 (power to prescribe alternative destination of appeals) is amended as follows. In subsection (4) for paragraphs (c) and (d) substitute— After subsection (7) insert—
Section 74 (court for trial) is amended as follows. In subsection (1)— After subsection (1) insert—
In section 61 (special provisions about land), in subsection (6)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.
Section 67 (the appropriate judge) is amended as follows. In subsection (1)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”. In subsection (1)(c) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor”. After subsection (4) insert—
In section 91 (transfer schemes: general), in subsection (7)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”. In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000 (c. 38).
In section 2 (appointment of coroners), after subsection (1) insert—
In Article 2 (interpretation), in paragraph (5) omit “on the Lord Chancellor”.
In section 65 (rules, regulations and orders), in subsection (5) after “does not apply” insert “to rules made under section 12 or”.
In section 32 (tenure of office of Judge Advocate General and assistants), for subsection (1) substitute—
Section 68 (judges holding office in European or international courts) is amended as follows. In subsection (2), in the definition of “relevant international court” for “for the purposes of this section by the Lord Chancellor or the Secretary of State” substitute “in relation to the holder of a United Kingdom judicial office by the appropriate Minister”. In subsection (6) for “subsection (5)” substitute “this section”. After subsection (7) insert—
In Schedule 3 (Proscribed Organisations Appeal Commission), paragraph 4 (sittings) is amended as follows. after consulting the following— 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 paragraph. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—
In section 93 (control in time of hostilities etc), in subsection (10)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.
Section 139 (the appropriate judge) is amended as follows. In subsection (1)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”. In subsection (1)(c) for “Lord Chancellor” substitute “Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor”. After subsection (4) insert—
Schedule 8 (transfers by transfer scheme) is amended as follows. In paragraph 14 (third parties affected by vesting provisions), in sub-paragraph (5)(c) for “Lord Chancellor” substitute “Chairman for the time being of the Royal Institution of Chartered Surveyors in Northern Ireland”. In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000.
Section 3 (power to amalgamate districts) is amended as follows. That section becomes subsection (1) of section 3. After that subsection insert—
In Article 3 (county courts to be held for divisions), in paragraph (1) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
The power to amend or repeal enactments that is referred to in section 109(5)(b) of the Courts Act 2003 (c. 39) may be exercised in relation to sections 12 and 65 of the Family Law Act 1996 (c. 27) as amended by paragraphs 24 and 25 of this Schedule.
Section 69 (Vice-President of Queen’s Bench division) is amended as follows. In subsection (1) for “Lord Chancellor may” substitute “Lord Chief Justice may, after consulting the Lord Chancellor,”. After subsection (1) insert—
Schedule 8 (detention) is amended as follows. In paragraph 29 (warrants of further detention)—
In section 94 (orders for possessions of aerodromes etc), in subsection (8)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.
In section 185 (free legal aid: supplementary), in subsection (6) (meaning of appropriate judge)—
in paragraph (a) for “by the Lord Chancellor” substitute “under section 67”;
in paragraph (b) for “by the Lord Chancellor” substitute “under section 139”.
Section 6 (coroner to hold inquests in district in which he is appointed) is amended as follows. In subsection (2) for “Lord Chancellor may” in each place substitute “Lord Chief Justice may, after consultation with the Lord Chancellor,”. After subsection (2) insert—
In Article 4 (directions as to holding of courts), for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
Schedule 6 (transfer schemes) is amended as follows. In paragraph 20 (compensation for third parties), in sub-paragraph (6)(c) for “Lord Chancellor” substitute “Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland”.
Section 36 is amended as follows. In subsection (1)— After subsection (1) insert—
In Article 5 (directions for courts to sit otherwise in courthouses), for “Lord Chancellor” substitute “Lord Chief Justice”.
Article 6 (appointment of days for holding of ordinary sittings) is amended as follows. In paragraph (1) for “Lord Chancellor” substitute “Lord Chief Justice”. In paragraph (2) for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “Lord Chief Justice shall consult”.
In Article 7 (additional and extraordinary sittings), in paragraphs (1) and (2) for “Lord Chancellor” substitute “Lord Chief Justice”.
In Article 22 (power to increase civil jurisdiction of county courts), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
In Article 46 (as amended by section 73(2) of the Justice (Northern Ireland) Act 2002), in paragraph (1)(a) for “Lord Chancellor” substitute “Lord Chief Justice”.
In Article 47 (making of county court rules) for paragraphs (2) and (3) substitute—
In Article 56 (swearing of affidavits before designated court officer), in subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”.
In Article 58 (furnishing of information by certain officers), at the end insert “and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice.”
In section 6D (procedure in proceedings before Commissioner), after subsection (8) insert—
Section 27 (meaning of the court) is amended as follows. In subsection (2) for “Lord Chancellor may select” substitute “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor, select”. After subsection (2) insert—
Paragraph 4 (inquiries into objections) is amended as follows. In sub-paragraph (1) for “by the Lord Chancellor” substitute “in accordance with sub-paragraph (1A)”. A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows— In sub-paragraph (3) for “The Lord Chancellor shall by statutory instrument make rules of procedure” substitute “Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A)”. Rules under sub-paragraph (3) are to be made as follows— In sub-paragraph (4) for the words from “as the Lord Chancellor” to the end substituteas may be determined, with the approval of the Treasury— 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—
In section 2 (General Commissioners), after subsection (6) insert—
In section 5 (panels of persons summoned as jurors), after subsection (4) insert—
After section 13 insert—
Section 3 (terms on which coroners hold office) is amended as follows. For subsection (4) substitute— In subsection (5) for “, wilful neglect of his duty or misbehaviour in the discharge of his duty” substitute “or wilful neglect of his duty”.
Section 146 (membership of the copyright tribunal) is amended as follows. After subsection (6) insert—
In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).
In Article 80A (evidence through live links), in paragraph (6) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules. The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)— In this Part—
In section 11 of the Ecclesiastical Licences Act 1533 (refusal of archbishop to grant licences etc.) any reference to the Lord Chancellor or Lord Keeper of the Great Seal (however expressed) is to be read as a reference to the Chancellor of the High Court. The Chancellor of the High Court may nominate another judge of that court to exercise his functions under that section.
The Pluralities Act 1838 is amended as follows.
In section 2(2) of the Church of England Assembly (Powers) Act 1919 (members of Ecclesiastical Committee of both Houses of Parliament), for “the Lord Chancellor” in both places substitute “the Speaker of the House of Lords”.
Section 1 of the Consolidation of Enactments (Procedure) Act 1949 (procedure for making corrections and minor improvements) is amended as follows. In subsection (3) for “the Lord Chancellor and the Speaker of the House of Commons” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”. In subsection (4)— In subsection (5) for “the Lord Chancellor nor the Speaker” substitute “the Speaker of the House of Commons nor the Speaker of the House of Lords”. In subsections (6) and (7) for “of the Lord Chancellor and of the Speaker” substitute “of the Speaker of the House of Commons and the Speaker of the House of Lords”.
The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor. If the Lord Chancellor does not agree designated rules made by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the rules.
Section 126 (consent of patron etc. where patronage in the Crown) is amended as follows. For the words from “if such benefice shall be above” to “great seal” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which the power shall be exercised shall be executed by, and any such notice shall be given to, the Prime Minister”. Omit “or persons”.
Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor— A statutory instrument containing designated rules is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 128 (consent of patron etc. where patronage attached to duchy of Cornwall) is amended as follows. For the words from “the same” to “benefice in the patronage of the crown” substitute “the Prime Minister, in accordance with section 126”. Omit “or persons” in the second place.
This paragraph applies if the Lord Chancellor gives the Lord Chief Justice, or his nominee, written notice that he thinks it is expedient for designated rules to include provision that would achieve a purpose specified in the notice. The Lord Chief Justice, or his nominee, must make such designated rules as he considers necessary to achieve the specified purpose. Those rules must be—
Omit section 13 (application to Scotland).
Section 28 (the Appeal Tribunal) is amended as follows. In subsection (2)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”. After subsection (10) insert—
Paragraph 8 (application to court to challenge order) is amended as follows. That paragraph becomes sub-paragraph (1) of paragraph 8. In that sub-paragraph “for High Court” substitute “appropriate court”. In this paragraph “appropriate court” means—
Section 4 (Special Commissioners) is amended as follows. After subsection (3) insert— After subsection (4) insert— After subsection (7) insert—
Section 9AA (requirement to issue guidance) is amended as follows. In subsection (1) after “shall” insert “, after consulting the Lord Chief Justice,”. After subsection (2) insert—
Section 9 (official searches) is amended as follows. For subsection (3) substitute— In subsection (4)—
In section 33 (savings), in subsection (2)(a) omit “the Lord Chancellor or”.
Section 287 (patents county courts: special jurisdiction) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (5) insert—
In section 7 (concurrence required for removal of members of certain tribunals), subsection (1) is amended as follows. Omit “, other than the Lord Chancellor,”. In paragraphs (a) to (c) after “Lord Chancellor” in each place insert “(unless he is the Minister terminating the person’s membership), the Lord Chief Justice of England and Wales,”. In paragraph (d) after “Lord Chancellor” insert “(unless he is the Minister terminating the person’s membership) and the Lord Chief Justice of England and Wales”.
In Article 81 (evidence through television links), in paragraph (8) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
For the title to section 3 of the Clerk of the Parliaments Act 1824 substitute “Appointment of other clerks officiating at the table”. In section 3 for “the lord chancellor or speaker of the House of Lords for the time being” substitute “the Speaker of the House of Lords”.
The Statutory Instruments Act is amended as follows. In section 4(1) (statutory instruments required to be laid before Parliament) for “to the Lord Chancellor and to the Speaker of the House of Commons” substitute “to the Speaker of the House of Commons and the Speaker of the House of Lords”. In section 8(1) (regulations for the purposes of the Act) for “the Lord Chancellor and the Speaker of the House of Commons” in each place substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.
In section 2 of the Exchequer and Audit Departments Act 1957 (performance of Comptroller’s functions by authorised officer), for subsection (3)(a) substitute—.
As from the transfer day, transferred proceedings may be continued in the Supreme Court as if they had been begun in that court. This paragraph is subject to Supreme Court Rules (whether made before or after the transfer date).
The Commission may establish committees. A committee of the Commission may establish sub-committees. A person may not be a member of a committee or sub-committee unless he is a Commissioner. The Commission may delegate functions to a committee, and a committee may delegate functions (including functions delegated to them) to a sub-committee. The function of making a selection under this Part of this Act may be delegated only to a committee or sub-committee whose members include at least one judicial member and one lay member. In sub-paragraphs (2) to (5) references to a committee do not include references to a selection panel appointed under section 70 or 79.
The Commission may make arrangements with such persons as it considers appropriate for assistance to be provided to it. Arrangements may include the paying of fees to such persons. No arrangements may be made under this paragraph unless approved by the Lord Chancellor.
The Commission may delegate functions to— A committee, a sub-committee or the chief executive may delegate functions (including functions delegated to them or him) to any of the persons listed at sub-paragraph (1). Sub-paragraphs (1) and (2) do not apply to the functions of the Commission, or of a selection panel appointed under section 70 or 79, of making a selection under this Part of this Act.
The Lord Chancellor must pay to the Commission such sums as he may determine are appropriate for, or in connection with, the exercise by it of its functions. The Lord Chancellor may by direction require the Commission— A direction under sub-paragraph (2) may relate to all of the Commission’s costs and expenditure, or to costs and expenditure of a specified description.
The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specifically) for the purpose.
Anything done in accordance with the rules of the original court in relation to transferred proceedings is, after the transfer day, to be treated as if it had been done in accordance with any Supreme Court Rules applicable to corresponding proceedings in the Supreme Court. This paragraph is subject to Supreme Court Rules (whether made before or after the transfer date).
Any contract or instrument which, if entered into or executed by an individual, would not need to be under seal, may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specifically) for the purpose.
Any act, judgment or order of the original court in the transferred proceedings is to have the same effect after the transfer day as if it had been an act, judgment or order of the Supreme Court in corresponding proceedings in that Court. Accordingly, after the transfer day, further proceedings may be taken in the Supreme Court in respect of such an act, judgment or order.
A document purporting to be— is to be received in evidence and, unless the contrary is proved, taken to be executed or signed in that way.
duly executed under the seal of the Commission, or
signed on behalf of the Commission,
Omit section 14 (application to Northern Ireland).
Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).
In section 14 (rules), for subsection (1)(h) substitute— The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.
Section 291 (proceedings in patents county court) is amended as follows. In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice shall, after consulting the Lord Chancellor,”. After subsection (5) insert—
the Lord Chief Justice of Northern Ireland;
The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows. For paragraph 1 substitute— In paragraph 2 (membership)— In paragraph 2A (persons to be appointed to Tribunals)— In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”. In paragraph 5 (rules)— Before paragraph 8 insert—
Section 292 (rights and duties of registered patent agents in relation to proceedings in patents courts) is amended as follows. After subsection (2) insert— After subsection (6) insert—
In section 66 of the Adoption Act 1976 (rules of procedure), in subsection (1) for “by the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”.
The Agriculture Act 1947 is amended, or has effect, as follows.
The Judicial Pensions and Retirement Act 1993 is amended as follows.
Section 55 of the Local Government (Wales) Act 1994 (magistrates' courts, justices of the peace etc) is amended as follows. In subsection (1)— In subsection (3)—
In section 297 of the Merchant Shipping Act 1995 (wreck commissioners), after subsection (3) insert—
Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds Tribunal) is amended as follows. In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”. In paragraph 5 (duration of appointment)— In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets substitute “(which makes it necessary to obtain the concurrence of the Lord Chancellor and certain judicial office holders to dismissals in certain cases)”. In paragraph 16 (interpretation), in paragraph (c) of the definition of “appointing authority” for “Lord Chief Justice of Northern Ireland” substitute “Lord Chancellor”.
In each of the enactments listed in sub-paragraph (3) for “Supreme Court” or “Supreme Court of Judicature” in each place substitute “Court of Judicature”. This paragraph does not apply to those words— The enactments amended are— the Railway Act (Ireland) 1851 (c. 70) the Railways Act (Ireland) 1860 (c. 97) the Tramways (Ireland) Act 1860 (c. 152) the Settled Estates Act 1877 (c. 18) the Bills of Sale (Ireland) Act 1879 (c. 50) the Parliamentary Deposits and Bonds Act 1892 (c. 27) the Land Law (Ireland) Act 1896 (c. 47) the Colonial Solicitors Act 1900 (c. 14) the Northern Ireland Land Act 1925 (c. 34) the Local Government Act (Northern Ireland) 1934 (c. 22 (N.I.)) the Northern Ireland Land Purchase (Winding Up) Act 1935 (c. 21) the Evidence and Powers of Attorney Act 1940 (c. 28) the Lands Tribunal Act 1949 (c. 42) the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) the Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.)) the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) the Courts-Martial (Appeals) Act 1968 (c. 20) the Medicines Act 1968 (c. 67) the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.)) the Powers of Attorney Act (Northern Ireland) 1971 (c. 33 (N.I.)) the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/ 538 (N.I. 1)) the Administration of Justice Act 1973 (c. 15) the Northern Ireland Constitution Act 1973 (c. 36) the Hearing Aid Council (Extension) Act 1975 (c. 39) the Restrictive Practices Court Act 1976 (c. 33) the Solicitors (Northern Ireland) Order 1976 (S.I. 1976/582 (N.I. 12)) the Judicature (Northern Ireland) Act 1978 (c. 23), including section 68A(1)(a) inserted by section 10 of this Act, and any amendment to— the Lands Clauses Consolidation Act 1845 (c. 18), except section 3 the Consolidated Fund (Permanent Charges Redemption) Act 1873 (c. 57) the Life Insurance Companies (Payment into Court) Act 1896 (c. 8) the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8)) the Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14)) the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) the Rules of the Supreme Court (Northern Ireland) (Revision) 1980 (S.R. 1980/346) the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) the Medical Act 1983 (c. 54) the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) the Companies (Northern Ireland) Order 1986 (S.I. 1986/ 1032 (N.I. 6)) the Solicitors (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/1343 (N.I. 14)) the Family Law (Northern Ireland) Order 1993 (S.I. 1993/ 1576 (N.I. 6)) the Merchant Shipping Act 1995 (c. 21) the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) the Human Rights Act 1998 (c. 42), section 18(4)(c) the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I.)) the Justice (Northern Ireland) Act 2002 (c. 26) the Courts Act 2003 (c. 39), sections 102(1)(a) and 103(8) the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/ 435 (N.I. 10))
In section 73 (establishment, constitution and procedure of Agricultural Land Tribunals), in subsection (1) for the words before “by order” substitute “For the purposes of this section the Lord Chancellor shall, after consulting the Chairman of the Agricultural Land Tribunals,”.
Section 2 (the judicial officer’s entitlement to a pension) is amended as follows. After subsection (3) insert— After subsection (8) insert—
After subsection (5) insert—
The functions of the Lord Chancellor under section 75 (provisions as to land lying partly in one area and partly in another) are exercisable only after consultation with the Lord Chief Justice. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of this Act) to exercise his functions under sub-paragraph (1).
Section 26 (retirement date for holders of certain judicial offices) is amended as follows. For “appropriate minister” in subsections (5) and (6) substitute “appropriate person”. In subsection (7)— “the appropriate person” means— After subsection (12) insert—
In section 108 (regulations and orders), in subsection (1) omit “by the Minister” in the second place.
President of the Queen’s Bench Division President of the Family Division Chancellor of the High Court
Schedule 9 (constitution of Agricultural Land Tribunals) is amended as follows. In paragraph 13 (chairman of each Tribunal), in sub-paragraph (4)— In paragraph 16A (discharge of chairman’s duties)—
In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit “, other than the Lord Chancellor”.
In this Part—
“high judicial office” means office as a judge of any of the following courts— or as a Lord of Appeal in Ordinary;
the Supreme Court;
the Court of Appeal in England and Wales;
the High Court in England and Wales;
the Court of Session;
the Court of Appeal in Northern Ireland;
the High Court in Northern Ireland;
a person appointed to the office of Lord Chancellor on or after 12 June 2003 who holds, or held, office of a kind referred to in paragraph (a) (“the qualifying office”) is to be regarded as holding, or having held, high judicial office only if—
he has ceased to be Lord Chancellor by virtue of that appointment, and
he holds, or held, the qualifying office otherwise than by virtue of that appointment as Lord Chancellor.
In this Part—
“ordinary judge” means a judge of the Supreme Court who is not the President or the Deputy President of the Court;
the senior ordinary judge at any time is, of the ordinary judges at that time, the one who has served longest as a judge of the Court (whether over one or more periods and whether or not including one or more previous periods as President or Deputy President).
Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of subsection (3)(b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There is to be a body corporate called the Judicial Appointments Commission.
Schedule 12 is about the Commission.
There is to be a Judicial Appointments and Conduct Ombudsman.
Schedule 13 is about the Ombudsman.
Subsections (2) to (4) apply to any selection under this Part by the Commission or a selection panel (“the selecting body”).
Selection must be solely on merit.
A person must not be selected unless the selecting body is satisfied that he is of good character.
Neither “solely” in subsection (2), nor Part 5 of the Equality Act 2010 (public appointments etc), prevents the selecting body, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within—
the group of persons who hold offices for which there is selection under this Part, or
a sub-group of that group.
The Commission, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection for appointments.
This section is subject to section 63.
The Lord Chancellor may issue guidance about procedures for the performance by the Commission or a selection panel of its functions of—
identifying persons willing to be considered for selection under this Part, and
assessing such persons for the purposes of selection.
The guidance may, among other things, relate to consultation or other steps in determining such procedures.
The purposes for which guidance may be issued under this section include the encouragement of diversity in the range of persons available for selection.
The Commission and any selection panel must have regard to the guidance in matters to which it relates.
Before issuing any guidance the Lord Chancellor must—
obtain the agreement of the Lord Chief Justice;
after doing so, lay a draft of the proposed guidance before each House of Parliament.
If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.
In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.
Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the Lord Chief Justice.
Guidance comes into force on such date as the Lord Chancellor may appoint by order.
The Lord Chancellor may—
from time to time revise the whole or part of any guidance and re-issue it;
after consulting the Lord Chief Justice, by order revoke any guidance.
In this section—
Sections 68 to 70 apply to a recommendation for an appointment to one of the following offices—
Lord Chief Justice;
Master of the Rolls;
President of the Queen's Bench Division;
President of the Family Division;
Chancellor of the High Court.
Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.
The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Chief Justice.
The Lord Chancellor must make a recommendation to fill any vacancy in any other office listed in section 67(1).
Subsection (2) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation to which this section applies.
Before making a request the Lord Chancellor must consult the Lord Chief Justice.
Subsection (2) does not apply where the office of Lord Chief Justice is vacant or where the Lord Chief Justice is incapacitated for the purposes of section 16 (functions during vacancy or incapacity).
Section 70 applies where the Lord Chancellor makes a request under this section.
That section is subject to section 95 (withdrawal and modification of requests).
On receiving a request the Commission must appoint a selection panel.
The panel must—
determine the selection process to be applied by it,
apply the selection process, and
make a selection accordingly.
The panel must have an odd number of members not less than five.
One person only must be selected for each recommendation to which a request relates.
The members of the panel must include— and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.
at least two who are non-legally-qualified,
at least two judicial members, and
at least two members of the Commission,
Subsection (3) applies to selection under this section and to selection under regulations under section 94C.
The members of the panel may not include the current holder of the office for which a selection is to be made.
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If the panel is convened for the selection of a person to be recommended for appointment as Lord Chief Justice, it is to be chaired by one of its non-legally-qualified members.
A selection panel is a committee of the Commission.
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The selection panel must consist of four members.
The first member is the most senior England and Wales Supreme Court judge who is not disqualified, or his nominee.
Unless subsection (7) applies, the second member is the Lord Chief Justice or his nominee.
Unless subsection (9) applies, the third member is the chairman of the Commission or his nominee.
The fourth member is a lay member of the Commission designated by the third member.
Subsection (7) applies if—
the Lord Chief Justice is disqualified, or
there is no Lord Chief Justice.
In those cases the most senior England and Wales Supreme Court judge who is not disqualified must designate a person (but not a person who is disqualified) as the second member.
Subsection (9) applies if—
there is no chairman of the Commission, or
the chairman of the Commission is unavailable and has not nominated a person under subsection (4).
In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.
Only the following may be a nominee under subsection (2) or (3) or designated under subsection (7)—
an England and Wales Supreme Court judge,
a Head of Division, or
a Lord Justice of Appeal.
The following also apply to nominees under this section—
a person may not be a nominee if he is disqualified;
a person may not be appointed to the panel as the nominee of more than one person;
a person appointed to the panel otherwise than as a nominee may not be a nominee.
The first member is the chairman of the panel.
On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.
A person is disqualified for the purposes of this section if—
he is the current holder of the office for which a selection is to be made, or
he is willing to be considered for selection.
In this section “England and Wales Supreme Court judge” means a judge of the Supreme Court who has held high judicial office in England and Wales before appointment to the Court.
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After complying with section 70(2) the selection panel must submit a report to the Lord Chancellor.
The report must—
state who has been selected;
contain any other information required by the Lord Chancellor.
The report must be in a form approved by the Lord Chancellor.
After submitting the report the panel must provide any further information the Lord Chancellor may require.
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This section refers to the following stages— Stage 1: where a person has been selected under section 70 Stage 2: where a person has been selected following a rejection or reconsideration at stage 1 Stage 3: where a person has been selected following a rejection or reconsideration at stage 2.
At stage 1 the Lord Chancellor must do one of the following—
accept the selection;
reject the selection;
require the selection panel to reconsider the selection.
At stage 2 the Lord Chancellor must do one of the following—
accept the selection;
reject the selection, but only if it was made following a reconsideration at stage 1;
require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.
At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.
If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.
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The power of the Lord Chancellor under section 73 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned.
The power of the Lord Chancellor under section 73 to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—
there is not enough evidence that the person is suitable for the office concerned, or
there is evidence that the person is not the best candidate on merit.
The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.
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If under section 73 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.
If the Lord Chancellor rejects a selection, the selection panel—
may not select the person rejected, and
where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.
If the Lord Chancellor requires a selection to be reconsidered, the selection panel—
may select the same person or a different person, but
where the requirement is following a rejection, may not select the person rejected.
The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.
Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 69.
Sections 77 to 79 apply to a recommendation for appointment as a Lord Justice of Appeal.
Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.
The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal.
Subsection (1) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation for appointment as a Lord Justice of Appeal.
Before making a request the Lord Chancellor must consult the Lord Chief Justice.
A request may relate to more than one recommendation.
Section 79 applies where the Lord Chancellor makes a request under this section.
That section is subject to section 95 (withdrawal and modification of requests).
On receiving a request the Commission must appoint a selection panel.
The panel must—
determine the selection process to be applied by it,
apply the selection process, and
make a selection accordingly.
The panel must have an odd number of members not less than five.
One person only must be selected for each recommendation to which a request relates.
The members of the panel must include— and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.
at least two who are non-legally-qualified,
at least two judicial members, and
at least two members of the Commission,
Subsection (3) applies to selection under this section and to selection under regulations under section 94C.
A selection panel is a committee of the Commission.
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The selection panel must consist of four members.
The first member is the Lord Chief Justice, or his nominee.
The second member is a Head of Division or Lord Justice of Appeal designated by the Lord Chief Justice.
Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.
The fourth member is a lay member of the Commission designated by the third member.
Subsection (7) applies if—
there is no chairman of the Commission, or
the chairman of the Commission is unavailable and has not nominated a person under subsection (4).
In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.
A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.
A person may not be appointed to the panel if he is willing to be considered for selection.
A person may not be appointed to the panel as the nominee of more than one person.
A person appointed to the panel otherwise than as a nominee may not be a nominee.
The first member is the chairman of the panel.
On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.
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After complying with section 79(2) the selection panel must submit a report to the Lord Chancellor.
The report must—
state who has been selected;
contain any other information required by the Lord Chancellor.
The report must be in a form approved by the Lord Chancellor.
After submitting the report the panel must provide any further information the Lord Chancellor may require.
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This section refers to the following stages— Stage 1: where a person has been selected under section 79 Stage 2: where a person has been selected following a rejection or reconsideration at stage 1 Stage 3: where a person has been selected following a rejection or reconsideration at stage 2.
At stage 1 the Lord Chancellor must do one of the following—
accept the selection;
reject the selection;
require the selection panel to reconsider the selection.
At stage 2 the Lord Chancellor must do one of the following—
accept the selection;
reject the selection, but only if it was made following a reconsideration at stage 1;
require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.
At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.
If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.
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The power of the Lord Chancellor under section 82 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned.
The power of the Lord Chancellor under section 82 to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—
there is not enough evidence that the person is suitable for the office concerned, or
there is evidence that the person is not the best candidate on merit.
The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.
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If under section 82 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.
If the Lord Chancellor rejects a selection, the selection panel—
may not select the person rejected, and
where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.
If the Lord Chancellor requires a selection to be reconsidered, the selection panel—
may select the same person or a different person, but
where the requirement is following a rejection, may not select the person rejected.
The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.
Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 78.
Section 75B applies where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).
That section is subject to section 95 (withdrawal and modification of requests).
On receiving a request the Commission must appoint a selection panel.
The panel must have an odd number of members not less than five.
The members of the panel must include— and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.
at least two who are non-legally-qualified,
at least two judicial members, and
at least two members of the Commission,
The members of the panel may not include the Senior President of Tribunals.
The panel must —
determine the selection process to be applied by it,
apply the selection process, and
make a selection accordingly.
As part of the selection process the panel must consult—
the Lord Chief Justice, if not a member of the panel,
the Lord President of the Court of Session, if not a member of the panel, and
the Lord Chief Justice of Northern Ireland, if not a member of the panel.
One person only must be selected for the recommendation to which a request relates.
Subsection (4) applies to selection under this section and to selection under regulations under section 94C.
A selection panel is a committee of the Commission.
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Sections 86 to 88 apply to—
a recommendation for an appointment to the office of puisne judge of the High Court;
a recommendation for an appointment to an office listed in Part 1 of Schedule 14 in exercise of Her Majesty's function under the enactment listed opposite that office;
an appointment to an office listed in Table 1 of Part 2 or 3 of that Schedule in exercise of the Lord Chancellor's function under the enactment listed opposite that office.
an appointment to an office listed in Table 2 of Part 2 of that Schedule in exercise of the Lord Chief Justice's function under the enactment listed opposite that office;
an appointment to an office listed in Table 2 of Part 3 of that Schedule in exercise of the function of the Senior President of Tribunals under the enactment listed opposite that office.
Any such recommendation or appointment must be made in accordance with those sections and section 94C and regulations made under it.
The Lord Chancellor may by order make any of the following amendments to Schedule 14—
section 94AA below.
an amendment which adds a reference to an office to which appointments are made under an enactment;
an amendment consequential on the abolition or change of name of an office;
an amendment consequential on the substitution of one or more enactments for an enactment under which appointments are made to an office.
This section is subject to—
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section 91(1ZB) of the Supreme Court Act 1981,
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The Lord Chancellor may by order amend section ... 94AA ... if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3).
The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order.
An office may not be specified in an order under subsection (5) if—
the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies the single condition specified in the provisions, and
that condition is one of the conditions listed in subsection (8).
An office may not be specified in an order under subsection (5) if—
the provisions governing appointment to the office provide that a person is eligible for appointment only where the person satisfies one or some other particular number or all, or at least one or at least some other particular number, of several conditions specified in the provisions, and
at least one of the conditions specified in the provisions is listed in subsection (8).
The conditions are—
that the person satisfies the judicial-appointment eligibility condition on an N-year basis (where N is a particular number);
that the person is a solicitor in Scotland of at least a particular number of years' standing;
that the person is an advocate in Scotland of at least a particular number of years' standing;
that the person is a solicitor in Northern Ireland of at least a particular number of years' standing;
that the person is a barrister in Northern Ireland of at least a particular number of years' standing.
Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.
An order under subsection (5)—
may make different provision for different purposes;
may make consequential, transitory, transitional or saving provision.
The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14.
The Lord Chancellor must make an appointment to fill any vacancy in an office listed in Table 1 of Part 2 or 3 of that Schedule.
The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Lord Chief Justice that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 2 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.
Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Senior President of Tribunals that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 3 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.
The Lord Chief Justice must make an appointment to fill any vacancy in an office listed in Table 2 of Part 2 of that Schedule.
The Senior President of Tribunals must make an appointment to fill any vacancy in an office listed in Table 2 of Part 3 of that Schedule.
Subsections (2A) and (2B) do not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.
The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies.
Before making a request the Lord Chancellor must consult the Lord Chief Justice.
The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, and a person may become a member of such a pool only by selection on a request under this subsection.
A request may relate to more than one recommendation or appointment.
Section 88 applies where the Lord Chancellor makes a request under this section.
That section is subject to section 95 (withdrawal and modification of requests).
On receiving a request the Commission must—
determine the selection process to be applied,
apply the selection process, and
make a selection accordingly.
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the Lord Chief Justice; and
a person (other than the Lord Chief Justice) who has held the office for which a selection is to be made or has other relevant experience.
One person only may be selected for each recommendation , appointment or pool membership to which a request relates.
Subsection (4) applies to selection under this section and to selection under regulations under section 94C.
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After complying with section 88 the Commission must submit a report to the Lord Chancellor.
The report must—
describe the selection process;
state any selection made;
state any decision under section 88(2);
state any recommendation made in consultation under section 88(3) by a person consulted;
give reasons in any case where the Commission has not followed such a recommendation;
contain any other information required by the Lord Chancellor.
The report must be in a form approved by the Lord Chancellor.
After submitting the report the Commission must provide any further information the Lord Chancellor may require.
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This section refers to the following stages— Stage 1: where a person has been selected under section 88 Stage 2: where a person has been selected following a rejection or reconsideration at stage 1 Stage 3: where a person has been selected following a rejection or reconsideration at stage 2.
At stage 1 the Lord Chancellor must do one of the following—
accept the selection;
reject the selection;
require the Commission to reconsider the selection.
At stage 2 the Lord Chancellor must do one of the following—
accept the selection;
reject the selection, but only if it was made following a reconsideration at stage 1;
require the Commission to reconsider the selection, but only if it was made following a rejection at stage 1.
At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.
If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.
Before exercising his powers under this section at any stage in relation to a selection for an appointment or recommendation, the Lord Chancellor must—
consult any person whom he is required by any enactment to consult before making the appointment or recommendation, and
consult the Scottish Ministers if it appears to him to be an appointment, or a recommendation for the appointment, of a person to exercise functions wholly or mainly in Scotland.
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The power of the Lord Chancellor under section 90 to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion, the person selected is not suitable for the office concerned or particular functions of that office.
The power of the Lord Chancellor under section 90 to require the Commission to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor’s opinion—
there is not enough evidence that the person is suitable for the office concerned or particular functions of that office, or
there is evidence that the person is not the best candidate on merit.
The Lord Chancellor must give the Commission reasons in writing for rejecting or requiring reconsideration of a selection.
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If under section 90 the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the Commission must select a person in accordance with this section.
If the Lord Chancellor rejects a selection, the Commission—
may not select the person rejected, and
where the rejection is following a requirement to reconsider, may not select the person (if different) whose selection it reconsidered.
If the Lord Chancellor requires a selection to be reconsidered, the Commission—
may select the same person or a different person, but
where the requirement is following a rejection, may not select the person rejected.
But if the Commission decides that the selection process has not identified a candidate of sufficient merit for it to make a selection under this section—
section 93 applies;
subsection (1) does not apply, but subsections (2) and (3) apply to any selection under section 93.
The Commission must inform the Lord Chancellor of any person selected following a rejection or a requirement to reconsider.
Subsections (2) and (3) do not prevent a person being selected on a subsequent request under section 87.
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The Lord Chancellor may require the Commission to reconsider a decision that the selection process has not identified candidates of sufficient merit for it to make a selection.
The Commission must inform the Lord Chancellor of any person selected on reconsideration under this section.
Sections 90 to 92 apply to such a person as if the Commission had selected him instead of making the decision reconsidered.
If the Lord Chancellor gives the Commission notice of a request which the Lord Chancellor expects to make under section 87, the Commission must seek to identify persons it considers would be suitable for selection on the request.
seek to identify persons it considers would be suitable for selection on the request, and
submit a report to the Lord Chancellor containing any information it considers appropriate about—
the extent to which it has identified suitable persons, and
other matters likely to assist the Lord Chancellor in exercising his functions relating to appointments and recommendations.
The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about how the Commission is to comply with a duty imposed on it by subsection (1).
the number of recommendations and appointments the Lord Chancellor expects to request selections for;
the powers of the Lord Chancellor to reject or require reconsideration of a selection.
The regulations may in particular—
make provision as to things that are, or as to things that are not, to be done—
in complying with such a duty, or
in determining how to comply with such a duty;
provide for the making of reports.
Regulations under this section—
may make different provision for different purposes;
may make consequential, supplementary, transitory, transitional or saving provision.
Where the Lord Chancellor makes a request for the purposes of which the Commission has identified persons under subsection (1)(a), the Commission must, in determining the selection process to be applied, consider whether selection should be from among those persons.
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Where this section applies to an appointment, section 85 does not apply.
This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that—
there is an urgent need to take steps in order to facilitate the disposal of particular business in the High Court or Crown Court or any other court or tribunal to which a deputy judge of the High Court may be deployed,
it is expedient as a temporary measure to make the appointment in order to facilitate the disposal of the business, and
there are no other reasonable steps that it is practicable to take within the time available in order to facilitate the disposal of the business.
An appointment to which this section applies is to be made—
so as not to extend beyond the day on which the particular business concerned is concluded, or
so as not to extend beyond the later of—
the day on which the business is concluded, or
the day expected when the appointment is made to be the day on which the business is concluded.
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This section applies to a request under section 69, 78 or 87 or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.
The Lord Chancellor may withdraw or modify a request only as follows—
so far as a request relates to any recommendation or appointment to fill a vacancy, he may withdraw or modify it with the agreement of the Lord Chief Justice;
the Lord Chancellor may withdraw or modify a request in consequence of a vacancy, or perceived need for an additional office-holder, having been filled or partly filled by change in the amount of time required to be devoted to the duties of office by an existing holder of the office concerned;
so far as a request relates to any recommendation or appointment otherwise than to fill a vacancy, he may withdraw or modify it after consulting the Lord Chief Justice;
the Lord Chancellor may withdraw a request as respects all recommendations , appointments or pool memberships to which it relates if, after consulting the Lord Chief Justice, the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.
so far as a request relates to any pool membership, the Lord Chancellor may withdraw or modify it after consulting the Lord Chief Justice;
If a request is withdrawn in part or modified, the Commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted unconditionally or subject only to matters such as the selected person's willingness and availability.
The Lord Chancellor may not withdraw a request under subsection (2)(c) if a selection made pursuant to the request—
has been accepted unconditionally or subject only to matters such as the selected person's willingness and availability, or
in exercise of power conferred by regulations under section 94C, has been rejected or required to be reconsidered.
Any withdrawal or modification of a request must be by notice in writing to the Commission.
The notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c).
In the case of a withdrawal under subsection (2)(c), the notice must state why the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.
If or to the extent that a request is withdrawn—
the preceding provisions of this Part cease to apply in relation to it, and
any selection made on it is to be disregarded.
Withdrawal of a request to any extent does not affect the power of the Lord Chancellor to make another request in the same or different terms.
The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice—
make further provision about the process to be applied in a case where the Commission receives a request under section 87;
make further provision about—
membership of selection panels appointed under section 70, 75B or 79, and
the process that is to be applied in a case where a selection panel is required to be appointed under section 70, 75B or 79;
secure, subject to section 95 and any provision within subsection (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the appropriate authority.
The regulations may in particular—
provide for process additional to the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), including post-acceptance process;
make provision as to things that are, or as to things that are not, to be done—
as part of the selection process applied under section 70(2), 75B(2), 79(2) or 88(1), or
in determining what that process is to be;
provide for selection on a request under section 87 to be from among persons identified under section 94 in response to advance notice of the request;
provide for section 88(1)(c) not to apply where, or to the extent that, the Commission decides that the selection process applied under section 88(1) has not identified candidates of sufficient merit for it to comply with section 88(1)(c);
give functions to the Lord Chancellor, including—
power to require a selection panel to reconsider a selection under section 70(2), 75B(2) or 79(2) or any subsequent selection,
power to reject a selection under section 70(2) or any subsequent selection,
power to reject a selection under section 75B(2) or 79(2) or any subsequent selection,
power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and
power to require the reconsideration of a decision mentioned in paragraph (d);
give functions to the Lord Chief Justice in connection with selection for an office listed in Table 2 of Part 1 or 2 of Schedule 14 or in connection with selection for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, including—
power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and
power to require the reconsideration of a decision mentioned in paragraph (d);
give functions to the Senior President of Tribunals in connection with selection for an office listed in Table 3 of Part 1, or Table 2 of Part 3, of Schedule 14, including—
power to reject, or require the reconsideration of, initial or subsequent selections made on a request under section 87, and
power to require the reconsideration of a decision mentioned in paragraph (d);
make provision for or in connection with duties mentioned in section 51 of the Equality Act 2010 being duties of the Lord Chief Justice, or Senior President of Tribunals, in relation to an office within Table 2 or 3 of Part 1 of Schedule 14;
provide for particular action to be taken by the Commission or a selection panel after the panel has complied with section 70, 75B or 79;
provide for particular action to be taken by the Commission after a selection has been made on a request under section 87;
provide for the dissolution of a selection panel appointed under section 70, 75B or 79;
provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—
as a member of such a panel (including functions of chairing such a panel), or
in relation to the nomination or appointment of members of such a panel;
provide for a person to cease to be a member of such a panel where the person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;
provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;
make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected;
provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4)) to exercise functions given to the Lord Chief Justice by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (f));
make provision prohibiting or restricting delegation by the Senior President of Tribunals of functions given to the Senior President of Tribunals by the regulations (including functions, such as functions as a consultee, given otherwise than in reliance on paragraph (g));
make provision as to the meaning of “non-legally-qualified” and “judicial member” in sections 70, 75B and 79.
Regulations under this section—
may make different provision for different purposes;
may make transitory, transitional or saving provision.
In subsection (1)(c) “the appropriate authority” means—
the Lord Chancellor where the selection—
is on a request under section 69 or 78,
relates to the office of Senior President of Tribunals or puisne judge of the High Court, or
relates to an office listed in Table 1 of Part 1, 2 or 3 of Schedule 14;
the Lord Chief Justice where the selection relates to an office listed in Table 2 of Part 1 or 2 of that Schedule;
the Senior President of Tribunals where the selection relates to an office listed in Table 3 of Part 1, or Table 2 of Part 3, of that Schedule.
This section is subject to section 95.
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This section applies where the Lord Chancellor accepts a selection under this Chapter.
Subject to the following provisions of this section, the Lord Chancellor—
must make the appointment, or recommendation, for which the selection has been made, and
must appoint, or recommend, the person selected.
Before making the appointment or recommendation the Lord Chancellor may direct the Commission to make arrangements in accordance with the direction—
for any assessment of the health of the person selected that the Lord Chancellor considers appropriate, and
for a report of the assessment to be made to the Lord Chancellor.
Subsection (5) applies in any of the following circumstances—
the Lord Chancellor notifies the Commission that he is not satisfied on the basis of a report under subsection (3)(b), having consulted the Lord Chief Justice, that the health of the person selected is satisfactory for the purposes of the appointment or recommendation;
the person selected declines to be appointed or recommended, or does not agree within a time specified to him for that purpose;
the person selected is otherwise not available within a reasonable time to be appointed or recommended.
Where this subsection applies—
the selection accepted and any previous selection for the same appointment or recommendation are to be disregarded;
the request pursuant to which the selection was made continues to have effect;
any subsequent selection pursuant to that request may be made in accordance with the same or a different selection process.
Subsections (2) and (3) apply to consultation that a person is required to undertake under any of these provisions—
section 87(2);
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section 95(2)(b) or (c),
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If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.
If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland.
Subsections (2) and (3) apply to the reference in section ... 95(2)(a) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.
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The Commission must provide any assistance requested by the Lord Chancellor under this section.
The Lord Chancellor may request assistance for the making by him or by another Minister of the Crown of an appointment or recommendation for appointment, other than one to which section 26 or a provision of this Part applies.
The Lord Chancellor may only request assistance under this section if it appears to him appropriate because of the Commission's other functions under this Part and the nature of the appointment concerned.
Without limiting the assistance that may be requested, it may include—
determining a selection process;
applying a selection process;
selecting a person;
selecting a short list;
advice on any of those matters.
Before making a request the Lord Chancellor must consult—
the Lord Chief Justice, and
the Commission.
In this section “appointment” includes the conferring of any public function.
In this Part references to selection under this Part include references to selection by the Commission pursuant to a request under this section (and references to a person selected under this Part are to be read accordingly).
This section applies for the purposes of this Part.
A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.
A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or his department in connection with any of the following—
selection under this Part;
recommendation for or appointment to an office listed in Schedule 14.
A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.
An LCJ complaint is a complaint by a qualifying complainant of maladministration by the Lord Chief Justice or the Lord Chief Justice's nominee, or anyone acting on behalf of either of them, in connection with— or of maladministration by the Lord Chief Justice or the Master of the Rolls or the Lord Chief Justice's nominee, or anyone acting on behalf of any of them, in connection with the making of requests under section 9(1) of that Act.
selection under this Part for an office listed in Table 2 of Part 1 or 2 of Schedule 14,
appointment to an office listed in Table 2 of Part 2 of that Schedule, or
selection under this Part for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981,
An SPT complaint is a complaint by a qualifying complainant of maladministration by the Senior President of Tribunals or a person to whom the Senior President has delegated functions, or anyone acting on behalf of either of them, in connection with—
selection under this Part for an office listed in Table 3 of Part 1 of Schedule 14 or in Table 2 of Part 3 of that Schedule, or
appointment to an office listed in Table 2 of Part 3 of that Schedule.
The Commission must make arrangements for investigating any Commission complaint made to it.
The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.
Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.
The Lord Chief Justice must make arrangements for investigating any LCJ complaint made to the Lord Chief Justice.
The Senior President of Tribunals must make arrangements for investigating any SPT complaint made to the Senior President of Tribunals.
Subsections (2) and (3) apply to a complaint which the complainant—
has made to the Commission , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals in accordance with arrangements under section 100, and
makes to the Ombudsman not more than 28 days after being notified of the decision of the Commission, the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals on the complaint.
If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.
Otherwise he must investigate the complaint.
The Ombudsman may investigate a complaint which the complainant—
has made to the Commission , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals in accordance with arrangements under section 100, and
makes to the Ombudsman at any time.
The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.
The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.
A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of appointment procedures before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.
Any complaint to the Ombudsman under this section must be in a form approved by him.
The Ombudsman must prepare a report on any complaint he has investigated under section 101.
The report must state—
what findings the Ombudsman has made;
whether he considers the complaint should be upheld in whole or part;
if he does, what if any action he recommends should be taken by the Commission , the Lord Chancellor, the Lord Chief Justice or the Senior President of Tribunals as a result of the complaint.
The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.
Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office , or selected for membership of a pool, to which the complaint related.
This section applies to a report under section 102.
The Ombudsman must submit a draft of the report to the Lord Chancellor and to—
the Commission if the complaint was a Commission complaint;
the Lord Chief Justice if the complaint was an LCJ complaint;
the Senior President of Tribunals if the complaint was an SPT complaint.
In finalising the report the Ombudsman—
must have regard to any proposal by the Lord Chancellor the Commission, the Lord Chief Justice or the Senior President of Tribunals for changes in the draft report;
must include in the report a statement of any such proposal not given effect to.
The report must be signed by the Ombudsman.
If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.
Otherwise the Ombudsman must send the report to the Lord Chancellor.
If the complaint was an LCJ complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Lord Chief Justice.
The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—
which relates to an identified or identifiable individual other than the complainant, and
whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 139.
If the complaint was an SPT complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Senior President of Tribunals.
If the Lord Chancellor , the Lord Chief Justice or the Senior President of Tribunals refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.
The matter may relate to such procedures generally or in a particular case.
The Ombudsman must report to the Lord Chancellor , the Lord Chief Justice and the Senior President of Tribunals on any investigation under this section.
The report must state—
what findings the Ombudsman has made;
what if any action he recommends should be taken by any person in relation to the matter.
The report must be signed by the Ombudsman.
The Commission , the Lord Chief Justice, the Senior President of Tribunals and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of any investigation by him under section 101 or 104.
In section 10 of the Courts Act 2003 (c. 39) (appointment of lay justices etc.) after subsection (2) insert—
Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under this Part.
A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
But nothing in this section authorises the making of a disclosure—
which contravenes the data protection legislation, or
which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .
This section does not affect a power to disclose which exists apart from this section.
The following are permitted persons—
a chief officer of police of a police force in England and Wales;
the chief constable of the Police Service of Scotland;
the Chief Constable of the Police Service of Northern Ireland;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
the Commissioners of Inland Revenue;
the Commissioners of Customs and Excise.
The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—
in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,
in the case of the Commissioners of Customs and Excise, to a customs officer.
For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Any power of the Lord Chancellor to remove a person from an office listed in Schedule 14 is exercisable only after the Lord Chancellor has complied with prescribed procedures (as well as any other requirements to which the power is subject).
The Lord Chief Justice may exercise any of the following powers but only with the agreement of the Lord Chancellor and only after complying with prescribed procedures.
The Lord Chief Justice may give a judicial office holder formal advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular office holder).
He may suspend a person from a judicial office for any period during which any of the following applies—
the person is subject to criminal proceedings;
the person is serving a sentence imposed in criminal proceedings;
the person has been convicted of an offence and is subject to prescribed procedures in relation to the conduct constituting the offence.
He may suspend a person from a judicial office for any period if—
the person has been convicted of a criminal offence,
it has been determined under prescribed procedures that the person should not be removed from office, and
it appears to the Lord Chief Justice with the agreement of the Lord Chancellor that the suspension is necessary for maintaining confidence in the judiciary.
He may suspend a person from office as a senior judge for any period during which the person is subject to proceedings for an Address.
He may suspend the holder of an office listed in Schedule 14 for any period during which the person—
is under investigation for an offence, or
is subject to prescribed procedures.
While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).
This section has effect for the purposes of section 108.
A person is subject to criminal proceedings if in any part of the United Kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed.
A person is subject to proceedings for an Address from the time when notice of a motion is given in each House of Parliament for an Address for the removal of the person from office, until the earliest of the following events—
either notice is withdrawn;
either motion is amended so that it is no longer a motion for an address for removal of the person from office;
either motion is withdrawn, lapses or is disagreed to;
where an Address is presented by each House, a message is brought to each House from Her Majesty in answer to the Address.
“Judicial office” means— and “judicial office holder” means the holder of a judicial office.
office as a senior judge, or
an office listed in Schedule 14;
“Senior judge” means any of these—
Master of the Rolls;
President of the Queen's Bench Division;
President of the Family Division;
Chancellor of the High Court;
Lord Justice of Appeal;
Senior President of Tribunals;
puisne judge of the High Court.
President of Welsh Tribunals;
“Sentence” includes any sentence other than a fine (and “serving” is to be read accordingly).
The times when a person becomes and ceases to be subject to prescribed procedures for the purposes of section 108(4) or (7) are such as may be prescribed.
“Under investigation for an offence” has such meaning as may be prescribed.
This section applies if an interested party makes an application to the Ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been—
a failure to comply with prescribed procedures, or
some other maladministration.
The Ombudsman must carry out a review if the following three conditions are met.
The first condition is that the Ombudsman considers that a review is necessary.
The second condition is that—
the application is made within the permitted period,
the application is made within such longer period as the Ombudsman considers appropriate in the circumstances, or
the application is made on grounds alleging undue delay and the Ombudsman considers that the application has been made within a reasonable time.
The third condition is that the application is made in a form approved by the Ombudsman.
But the Ombudsman may not review the merits of a decision made by any person.
If any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the Ombudsman—
may not carry out a review, and
must inform the applicant accordingly.
In this section and sections 111 to 113, “regulated disciplinary function” means any of the following—
any function of the Lord Chancellor that falls within section 108(1);
any function conferred on the Lord Chief Justice by section 108(3) to (7);
any function exercised under prescribed procedures in connection with a function falling within paragraph (a) or (b).
In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function—
References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.
Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—
on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;
decide what if any action to take under subsections (2) to (7).
If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.
A recommendation under subsection (2) may be for the payment of compensation.
Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.
If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.
If a determination is set aside under subsection (5)—
the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and
for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.
Subsection (6) is subject to any direction given by the Ombudsman under this subsection—
for a previous investigation or review to be taken into account to any extent, or
for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.
This section is subject to section 112.
In this section references to the Ombudsman's response to an application are references to the findings and decisions referred to in section 111(1).
Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.
The draft report must state the Ombudsman's proposed response.
The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.
If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.
The Ombudsman must produce a final report that sets out—
the Ombudsman's response to the application, including any changes made to it to give effect to a proposal under subsection (5);
a statement of any proposal under subsection (5) that is not given effect to.
The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.
The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—
which relates to an identified or identifiable individual other than the applicant, and
whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 139.
Each copy must be signed by the Ombudsman.
No part of the Ombudsman's response to an application has effect until he has complied with subsections (2) to (9).
The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.
A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.
Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.
If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.
The draft report must state the Ombudsman's proposals as to—
the findings he will make;
any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.
Those findings and recommendations are referred to in this section as the Ombudsman's response on the investigation.
The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.
If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.
The Ombudsman must produce a final report that sets out—
the Ombudsman's response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);
a statement of any proposal under subsection (6) that is not given effect to.
The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.
Each copy must be signed by the Ombudsman.
The Lord Chief Justice may, with the agreement of the Lord Chancellor, make regulations providing for the procedures that are to be followed in—
the investigation and determination of allegations by any person of misconduct by judicial office holders;
reviews and investigations (including the making of applications or references) under sections 110 to 112.
Regulations under section 115(a) may include provision as to any of the following—
circumstances in which an investigation must or may be undertaken (on the making of a complaint or otherwise);
steps to be taken by a complainant before a complaint is to be investigated;
the conduct of an investigation, including steps to be taken by the office holder under investigation or by a complainant or other person;
time limits for taking any step and procedures for extending time limits;
persons by whom an investigation or part of an investigation is to be conducted;
matters to be determined by the Lord Chief Justice, the Lord Chancellor, the office holder under investigation or any other person;
requirements as to records of investigations;
requirements as to confidentiality of communications or proceedings;
requirements as to the publication of information or its provision to any person.
The regulations—
may require a decision as to the exercise of functions under section 108, or functions mentioned in subsection (1) of that section, to be taken in accordance with findings made pursuant to prescribed procedures;
may require that prescribed steps be taken by the Lord Chief Justice or the Lord Chancellor in exercising those functions or before exercising them.
Where regulations under section 115(a) impose any requirement on the office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint)—
as may be prescribed by the regulations, or
as may be determined by the Lord Chief Justice and the Lord Chancellor or either of them in accordance with provisions so prescribed.
Regulations under section 115 may—
provide for any prescribed requirement not to apply if the Lord Chief Justice and the Lord Chancellor so agree;
make different provision for different purposes.
Nothing in this section limits the generality of section 115.
Regulations under section 115 may provide for provision of a prescribed description that may be included in the regulations to be made instead by rules made by the Lord Chief Justice with the agreement of the Lord Chancellor.
But the provision that may be made by rules does not include—
provision within section 116(2);
provision made for the purposes of section 108(7) or (8) or 116(3).
The rules are to be published in such manner as the Lord Chief Justice may determine with the agreement of the Lord Chancellor.
This Chapter applies in relation to an office designated by the Lord Chancellor under this section as it would apply if the office were listed in Schedule 14.
The Lord Chancellor may by order designate any office, not listed in Schedule 14, the holder of which he has power to remove from office.
An order under this section may be made only with the agreement of the Lord Chief Justice.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4)) to exercise any of his functions under the relevant sections.
The relevant sections are—
section 108(3) to (7);
section 111(2);
section 112;
section 116(3)(b).
In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Scotland, references to the Lord Chief Justice are to be read as references to the Lord President of the Court of Session.
Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Scotland unless they are made with the agreement of the Lord President of the Court of Session.
In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord President of the Court of Session.
In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord President of the Court of Session.
The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Scotland—
as if in section 110(8)(b) the reference to the Lord Chief Justice were a reference to the Lord President of the Court of Session, and
with any other modifications specified in the regulations.
Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord President of the Court of Session.
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 any of his functions under the relevant sections.
The relevant sections are—
section 108(3) to (7);
section 111(2);
section 112;
section 116(3)(b).
In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to be read as references to the Lord Chief Justice of Northern Ireland.
Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, unless they are made with the agreement of the Lord Chief Justice of Northern Ireland.
In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord Chief Justice of Northern Ireland.
In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Northern Ireland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord Chief Justice of Northern Ireland.
The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Northern Ireland—
as if in section 110(8)(b) the reference to the Lord Chief Justice were a reference to the Lord Chief Justice of Northern Ireland, and
with any other modifications specified in the regulations.
Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord Chief Justice of Northern Ireland.
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the relevant sections—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
a Lord Justice of Appeal (as defined in section 88 of that Act).
The relevant sections are—
section 108(3) to (7);
section 111(2);
section 112;
section 116(3)(b).
In this Part—
“permitted period” means the period of 28 days beginning with the latest of—
the Lord Justice Clerk;
Section 49 of the Courts-Martial (Appeals) Act 1968 (rules of court) is amended as follows. In subsection (1) for “by the Lord Chief Justice with the approval of the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”. In subsection (2) for “Lord Chief Justice” substitute “person making the rules”. Omit subsections (3) and (4).
In section 76 of the Courts Act 2003 (further provision about scope of Family Procedure Rules) omit “by the President of the Family Division, with the concurrence of the Lord Chancellor,”.
Section 4 of the Courts-Martial (Appeals) Act 1968 is amended as follows. In subsection (1) for “by the Lord Chief Justice with the consent of the Lord Chancellor” substitute “in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”. In subsection (2) for “If the Lord Chief Justice so directs” substitute “If such directions so provide”. In subsection (3) for “the Lord Chief Justice shall direct” substitute “such directions may provide”.
The Courts Act 2003 is amended as follows.
Section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (appropriate courts and procedure) is amended as follows. After subsection (5) insert—
Section 170 of the Mines and Quarries Act 1954 (provisions as to references upon notices) is amended as follows. In subsection (9) after “Lord Chancellor” insert “, the Lord Chief Justice”. After subsection (9) insert—
Rule 2 of the Land Powers (Defence) Act (Inquiries) Rules 1958 (interpretation) is amended as follows. In paragraph (1), in the definition of “appointed person” for the words from “appointed by” to the end substitute “appointed in accordance with sub-paragraph (1A) of paragraph 4 of the Second Schedule to the Act to hold an inquiry pursuant to that paragraph;”.
The Transport Act 1962 is amended as follows.
Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for particular sittings) is amended as follows. In subsection (4) after “expedient to do so” insert “after consulting the Lord Chief Justice”. After subsection (5) insert—
The Courts Act 1971 is amended as follows.
Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree nisi: religious marriage) is amended as follows. In subsection (6) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”. After subsection (7) insert—
Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows. In paragraph 4 (constitution and sittings)— In paragraph 5 (Scottish proceedings) for “paragraph 4” substitute “paragraph 4(1)”. In paragraph 8(a) (meaning of “appointor”) for “paragraph 4” substitute “paragraph 4(1)”. After paragraph 8 insert—
Section 67 of the Race Relations Act 1976 (sheriff courts and designated county courts) is amended as follows. In subsection (1) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”. After subsection (5) insert—
The Patents Act 1977 is amended as follows.
In Schedule 9A to the National Health Service Act 1977 (Family Health Services Appeal Authority), in paragraph 5 (appointment of members of Authority) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows. In subsection (4) for the words from “by the Lord Chancellor” to the end substitute “in accordance with subsections (7) to (9).” After subsection (6) insert—
The Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 is amended as follows.
The Administration of Justice Act 1982 is amended as follows.
The Inheritance Tax Act 1984 is amended as follows.
The Housing Act 1985 is amended as follows.
The Children Act 1989 is amended as follows.
The Child Support Act 1991 is amended as follows.
In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert—
Schedule 1 of the Criminal Justice and Court Services Act 2000 (local probation boards) is amended as follows. In paragraph 2 (membership)— The power conferred by sub-paragraph (3) may be exercised by the Lord Chancellor to remove a person appointed by him by virtue of paragraph 2(2) only with the concurrence of the Lord Chief Justice.
The Land Registration Act 2002 is amended as follows.
The Courts Act 2003 is amended as follows.
The Commission may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions. But the Commission may not borrow money except with the agreement of the Lord Chancellor. Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (1).
The Commission— The Commission must not appoint a person as chief executive unless the Lord Chancellor approves the appointment. Staff are to be— In determining the terms and conditions the Commission must have regard to the desirability of keeping remuneration and the other terms and conditions broadly in line with those applying to employment in the civil service of the State. Judicial Appointments Commission. The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. Staff of the Commission are not to be regarded as—
Section 74 (practice directions as to practice and procedure of criminal courts) is amended as follows. In subsection (1) for “The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give directions” substitute “Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”. given otherwise than under subsection (1) may not be given without the approval of— In subsection (3)(a) for “by the Lord Chief Justice or any other person” substitute “under subsection (1) or otherwise”. For subsection (4) substitute—
Section 74 (Minister’s power to make orders about pensions) is amended as follows. In subsection (6)(c) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”. After subsection (9) insert—
In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after “fit” insert “and if the Lord Chief Justice agrees”.
Section 97 (appeals from the comptroller) is amended as follows. In subsection (2) for “or on behalf of the Lord Chancellor” substitute “the Lord Chief Justice of England and Wales after consulting the Lord Chancellor”. After subsection (3) insert—
In Article 6 (directions in relation to appeals brought or continued under the Order) for “judge of the High Court nominated by the Lord Chancellor in accordance with” substitute “relevant judicial authority for the purposes of”.
Section 25 (regulations as to deposit and registration of wills) is amended as follows. In subsection (4) after “Lord Chancellor” insert “after consulting the Lord Chief Justice of England and Wales”. After subsection (8) insert—
In section 256 (regulations about accounts etc), for subsection (3A) substitute—
Omit section 111 (secure tenancies: county court rules and directions).
Section 7 (welfare reports) is amended as follows. In subsection (2) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (5) insert—
Section 8 (role of the courts with respect to maintenance of children) is amended as follows. After subsection (5) insert— After subsection (11) insert—
Section 127 (exercise of powers) is amended as follows. In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice, or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him, after consulting the Lord Chancellor”. In subsection (2)(h) after “consumer affairs” insert “nominated by the Lord Chancellor”.
In section 2 (Court officers, staff and services), in subsection (7) for paragraphs (c) and (d) substitute—
Section 81 (practice directions relating to family proceedings) is amended as follows. In subsection (1) for “The President of the Family Division may, with the concurrence of the Lord Chancellor, give directions” substitute “Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”. given otherwise than under subsection (1) may not be given without the approval of— In subsection (3)(a) for “by the President of the Family Division or any other person” substitute “under subsection (1) or otherwise”. After subsection (3) insert—
Section 81 (compensation to officers and servants of the Commission) is amended as follows In subsection (4)(b) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”. After subsection (10) insert—
Section 21 (appointment of Recorders) is amended as follows. For subsections (3) and (4) substitute— For subsection (6) substitute—
Section 102A (right of audience etc in proceedings on appeal from the comptroller) is amended as follows. In subsection (3) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice of England and Wales,”. After subsection (6) insert—
In Article 10 (application to Scotland), omit paragraphs (b) and (c).
Section 257 (form etc of accounts) is amended as follows. In subsection (3) for “Lord Chancellor” substitute “Lord Chief Justice of Northern Ireland”. After subsection (3) insert—
In section 181 (right to buy: jurisdiction of county court), omit subsections (4) and (5) (rules and directions).
Section 92 (jurisdiction of the courts) is amended as follows. In subsection (9) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”. After subsection (10) insert—
In section 45 (jurisdiction of courts in certain proceedings under the Act), after subsection (7) insert—
In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-paragraph (2) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
Section 4 (establishment of courts boards) is amended as follows. After subsection (5) insert— After subsection (7) insert—
In Schedule 7 (transitional provisions) paragraph 17 is amended as follows. In sub-paragraph (3) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”. 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 paragraph.
Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows. In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (3) insert—
In Article 11 (application to Northern Ireland)—
omit paragraphs (b) and (c)';
in paragraph (d) for “Chairman” substitute “President”.
In section 572 (assistance for owners of defective housing: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).
Section 94 (appeals) is amended as follows. In subsection (10) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (11) insert—
Schedule 4 (Child Support Commissioners) is amended as follows. The Lord Chancellor may remove a Child Support Commissioner under sub-paragraph (3) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session. In paragraph 8 (application of Schedule to Northern Ireland), before sub-paragraph (b) insert—.
Section 5 (functions of courts boards) is amended as follows. In subsection (5) after “Lord Chancellor must” insert “, after consulting the Lord Chief Justice,”. In subsection (7) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (8) insert—
Schedule 11 (application to Northern Ireland) is amended as follows.
Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows. In subsection (1)— After subsection (5) insert—
In section 96 (evidence given by, or with respect to, children), in subsection (3) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
Section 8 (local justice areas) is amended as follows. After subsection (5) insert— After subsection (7) insert—
Paragraph 6 (appointment of referee or board of referees) is amended as follows. That paragraph becomes sub-paragraph (1) of paragraph 6. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)—
In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “Lord Chief Justice”.
In section 97 (privacy for children involved in certain proceedings). In subsection (4) after “requires it” insert “and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees”. After subsection (8) insert—
Section 10 (appointment of lay justices etc) is amended as follows. In subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”. In subsection (3) for “or on behalf of the Lord Chancellor” substitute “Lord Chief Justice”. After subsection (5) insert—
Omit paragraph 10.
In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.
In Schedule 1 (financial provision for children), paragraph 5 (maximum lump sum payable for maintenance of child by order of magistrates court) is amended as follows. In sub-paragraph (2) after “Lord Chancellor may” substitute “, after consulting the Lord Chief Justice,”. 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 paragraph.
In section 11 (resignation and removal of lay justices), in subsection (2)—
after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”;
in paragraph (b) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”.
Schedule 11 (jurisdiction) is amended as follows. In paragraph 1 (commencement of proceedings) after “Lord Chancellor may” in each place insert “, after consulting the Lord Chief Justice,”. In paragraph 2 (transfer of proceedings)— In paragraph 3 (hearings by a single justice), in sub-paragraph (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In paragraph 4 (general)—
Section 13 (entry of names in the supplemental list) is amended as follows. In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”. In subsection (5) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (5) insert—
In section 14 (removal of names from the supplemental list), in subsection (2)(b) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
Section 15 (lay justices' allowances) is amended as follows. In subsection (7) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (8) insert—
In section 16 (records of lay justices), after subsection (3) insert—
Section 17 (chairman and deputy chairmen) is amended as follows. In subsection (3) for “Lord Chancellor, or a person acting on his behalf, may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”. After subsection (5) insert—
Section 19 (training, development and appraisal of lay justices) is amended as follows. In subsection (2) for “Lord Chancellor” in each place substitute “Lord Chief Justice”. In subsection (3)— After subsection (3) insert—
Section 20 (rules) is amended as follows. In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”. In subsection (2)— After subsection (2) insert—
Section 21 (duty to consult lay justices on matters affecting them etc) is amended as follows. That section becomes subsection (1) of section 21. In that subsection after “Lord Chancellor” insert “and the Lord Chief Justice”. After that subsection insert—
In section 22 (appointment of District Judges (Magistrates' Courts)), in subsection (5) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
In section 24 (Deputy District Judges (Magistrates' Courts)), in subsection (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
Section 25 (District Judges (Magistrates' Courts) as justices of the peace) is amended as follows. In subsection (2), leave out “or on behalf of the Lord Chancellor” and insert “the Lord Chief Justice, after consulting the Lord Chancellor”. After subsection (2) insert—
Section 27 (justices' clerks and assistant clerks) is amended as follows. In subsection (1)(b) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice,”. In subsection (3)— For subsection (4) substitute— After subsection (6) insert—
Section 28 (functions) is amended as follows. In subsection (8) after “Lord Chancellor” insert “with the concurrence of the Lord Chief Justice”. After subsection (9) insert—
Section 30 (places, dates and times of sittings) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In subsection (7) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (8) insert—
Section 34 (costs in legal proceedings) is amended as follows. In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (5) insert—
For section 62 substitute—
Section 64 (power to alter judicial titles) is amended as follows. In subsection (2)— After subsection (3) insert— In subsection (4)— After subsection (6) insert—
In section 69 (Criminal Procedure Rules), in subsection (4) omit “or alter”.
Section 70 (Criminal Procedure Rule Committee) is amended as follows. In subsection (1) for paragraph (b) substitute— After subsection (1) insert— In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”. For subsection (3) substitute— After subsection (5) insert—
Section 71 (power to change certain requirements relating to Committee) is amended as follows. In subsection (1) for paragraph (a) substitute—. For subsection (2) substitute—
Section 72 (process for making Criminal Procedure Rules) is amended as follows. For subsections (3) and (4) substitute— In subsection (5) for “, as allowed or altered” substitute “and allowed”.
After section 72 insert—
Section 73 (power to amend legislation in connection with Criminal Procedure Rules) is amended as follows. That section becomes subsection (1) of section 73. In that subsection after “Secretary of State” insert “and after consulting the Lord Chief Justice”. After that subsection insert—
In section 75 (Family Procedure Rules), in subsection (5) omit “or alter”.
Section 77 (Family Procedure Rule Committee) is amended as follows. In subsection (1) for paragraph (b) substitute— After subsection (1) insert— In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”. In subsection (3) for “under subsection (2), Lord Chancellor must consult” substitute “in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and”. Omit subsection (4). In subsection (5) for “under subsection (2)(h) to (m), the Lord Chancellor must consult” substitute “in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult”. After section (6) insert—
Section 78 (power to change certain requirements relating to Committee) is amended as follows. In subsection (1)(a) after “Lord Chancellor” insert “or Lord Chief Justice”. After subsection (1) insert— After subsection (2) insert—
Section 79 (process for making Family Procedure Rules) is amended as follows. For subsections (3) and (4) substitute— In subsection (5) for “, as allowed or altered” substitute “and allowed”.
After section 79 insert—
Section 80 (power to amend legislation in connection with the rules) is amended as follows. That section becomes subsection (1) of section 80. In that subsection after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After that subsection insert—
Section 81 (practice directions relating to family proceedings) is amended as follows. In subsection (1), before paragraph (a) insert—. After subsection (2) insert— In subsection (3) for “magistrates' courts and county courts (or any of them)” substitute “any relevant court”. After subsection (4) (inserted by paragraph 9(5) of Schedule 2 to this Act) insert—
In section 92 (fees), in subsection (5) for paragraphs (c) and (d) substitute—.
Section 102 (power to alter judicial titles: Northern Ireland) is amended as follows. Omit subsection (4). After subsection (6) insert—
In section 107 (interpretation), in subsection (6) omit “by the Lord Chancellor”.
In section 108 (rules, regulations and orders), in subsections (1) and (6) after “Lord Chancellor” insert “or Lord Chief Justice”.
Section 109 (minor and consequential amendments etc) is amended as follows. After subsection (4) insert— After subsection (6) insert—
Schedule 1 (constitution and procedure of courts boards) is amended as follows. For paragraph 1 substitute— In paragraph 8 (meaning of regulations) after “Lord Chancellor” insert “after consulting the Lord Chief Justice”. After paragraph 8 insert—
In Schedule 7 (High Court writs of execution), in paragraph 12(4) (regulations) for paragraphs (c) and (d) substitute—.
Section 38 of the County Courts Act (remedies available in county courts) is amended as follows. Omit subsection (4)(c). After subsection (4) insert—
The Adoption and Children Act 2002 is amended as follows. Those amendments do not have effect at any time after the amendments made to the Adoption and Children Act 2002 by paragraph 413 of Schedule 8 to the Courts Act 2003 have come into force.
This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts. In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”. An amendment contained in any provision of this Part of this Schedule has effect only until the original amending provision comes fully into force in relation to the enactment referred to in that provision of this Part of this Schedule.
Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows. In subsection (2)— After subsection (2) insert— After subsection (4) insert— In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).
The Restrictive Practices Court Act 1976 is amended as follows.
The Matrimonial and Family Proceedings Act 1984 is amended as follows.
The Justices of the Peace Act 1997 is amended as follows. In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003.
The Children (Northern Ireland) Order 1995 is amended as follows.
The Northern Ireland Act 1998 is amended as follows.
In the Social Security (Northern Ireland) Order 1998, Article 7 (qualifications for membership of appeal panels) is amended as follows. In paragraph (2) for the words from “such” to the end substitute “persons appointed by the Lord Chancellor”. In paragraph (3) at the end insert “; and such concurrence may be given only after consultation with the Lord Chief Justice”. After paragraph (3) insert—
In section 141 (rules of procedure), in subsection (1) for “The Lord Chancellor may make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”.
In section 1 (the Court), after subsection (3) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
Section 40 (family proceedings rules) is amended as follows. In subsection (1) for “by the Lord Chancellor together with any four or more of the following persons, namely—” substitute “by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons—”. For subsection (3) substitute— Omit subsection (5). In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.
Section 1 (Commission areas) is amended as follows. In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument”. After subsection (3) insert—
In Article 4 (reports on child’s welfare), in paragraph (2) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
In section 90 (effect of certificates), in subsection (2) for “made by the Lord Chancellor” substitute “made under section 91”.
the President of the Family Division;
Section 12
the President of the Queen's Bench Division;
Section 5 of the Reserve and Auxiliary Forces (Protection of Civilian Interests) Act 1951 (appropriate courts and procedure) is amended as follows. In subsection (2) for “The Lord Chancellor may also make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005”. In subsections (3) to (5) for “Rules so made” substitute “Rules under subsection (2)”. In subsection (6) for “this section” substitute “subsection (1)”.
The Supreme Court Act 1981 is amended as follows.
In the Agriculture Act 1958, in section 5 (functions under section 73 of the Agriculture Act 1947) for “by the Lord Chancellor and not by the Minister” substitute “as provided for in that section”.
In section 14 of the Administration of Justice Act 1960 (procedure on application for habeas corpus), in subsection (2) omit “; and no such application shall in any case be made to the Lord Chancellor”.
In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6 is amended as follows. In sub-paragraph (2)— 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)—
Rule 2 of the Plant Varieties and Seeds Tribunals Rules 1974 (interpretation) is amended as follows. In paragraph (1), in the definition of “the chairman” for the words from “appointed” to “Northern Ireland” in the second place substitute “appointed in accordance with paragraph 2, 3 or 4 of Schedule 3 to the Plant Varieties Act 1997”.
In section 86 of the Housing Act 1980 (jurisdiction of county court), omit subsections (4) to (6) (rules and directions).
The Matrimonial and Family Proceedings Act 1984 is amended as follows.
Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows. The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session. In paragraph 10 (the president)—
The Insolvency Act 1986 is amended as follows.
In section 134 (General Commissioners for Northern Ireland), omit subsection (4).
The Value Added Tax Act 1994 is amended as follows.
The Reserve Forces Act 1996 is amended as follows.
In section 19 of the Criminal Procedure and Investigations Act 1996 (rules of court), in subsection (3) for the words from “with any modifications” to the end substitute “or such provision with modifications”.
The Housing Act 1996 is amended as follows.
The Civil Procedure Act 1997 is amended as follows.
The Social Security Act 1998 is amended as follows.
The Immigration and Asylum Act 1999 is amended as follows.
Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee) is amended as follows. After subsection (8) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 85(1) of the Courts Act 2003 (c. 39).
In Schedule 5 to the Nationality, Immigration and Asylum Act 2002 (Immigration Appeal Tribunal), paragraph 3 (appointment of President) is amended as follows. That paragraph becomes sub-paragraph (1) of paragraph 3. In that sub-paragraph, after “Lord Chancellor shall” insert “, with the concurrence of the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,”. 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. 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. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— In relation to the enactment referred to in this paragraph, the original amending provision is section 26(5)(b) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
In section 16 of the Court of Chancery Act 1851 (quorum of Judicial Committee) omit the words from “, exclusive of” to the end.
In section 9 of the Public Schools Act 1868 (statutes to be laid before Privy Council) omit “, not including the Lord President,”.
Section 127 (probate rules) is amended as follows. In subsection (1) for the words from the beginning to “for regulating” substitute “Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating”. Omit subsection (3).
Section 33 (jurisdiction of county courts in matrimonial cases) is amended as follows. In subsections (1) and (4) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (5) insert—
Section 117 (High Court and county court jurisdiction) is amended as follows. In subsection (4) for “may by order” substitute “may, with the concurrence of the Lord Chief Justice, by order”. After subsection (7) insert—
In section 86 (appeals to the Court of Appeal), after subsection (2) insert—
In section 90 (appointment of panel of chairmen), after subsection (1) insert—
In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).
In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit “or alter”.
Section 6 (panel for appointment to appeal tribunals) is amended as follows. In subsection (2) for the words from “such” to the end substitute “persons appointed by the Lord Chancellor”. After subsection (3) insert— In subsection (5) after “misbehaviour” insert “; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge”. After subsection (5) insert—
Section 53 (applications for bail in immigration cases) is amended as follows. After subsection (6) insert— After subsection (7) insert—
Section 136 (production of documents filed in, or in custody of, Supreme Court) is amended as follows. In subsection (1) for the words from the beginning to “make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”. In subsection (2)(b) for “Lord Chancellor” substitute “person making the rules”. Omit subsection (3).
Section 36 (assignment of circuit judges to family proceedings) is amended as follows. That section becomes subsection (1) of section 36. In that subsection, for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”. After that subsection insert—
Section 374 (insolvency districts) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”. After subsection (4) insert—
Schedule 12 (constitution and procedure of VAT tribunals) is amended as follows. In paragraph 3 (tenure of office of President)— In paragraph 4— In paragraph 7 (membership of panels)—
In section 91 (appointment of panel of ordinary members), after subsection (2) insert—
In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).
Section 2 (Civil Procedure Rule Committee) is amended as follows. For subsection (1) substitute— In subsection (2) for “The Lord Chancellor must appoint” substitute “The persons to be appointed in accordance with subsections (1A) and (1B) are”. For subsection (3) substitute— In subsection (4) for “under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult” substitute “in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult”. After subsection (8) insert—
In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph 1(3) (tenure of office) after “by the Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session,”.
The Lord Chancellor may dismiss a person under sub-paragraph (4) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
Section 42 (county court proceedings in principal registry of Family Division) is amended as follows. In subsection (2)(a) for “may direct” substitute “may, after consulting the Lord Chief Justice, direct”. After subsection (6) insert—
Section 411 (company insolvency rules) is amended as follows. In subsection (1)(a) after “Secretary of State” insert “and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice”. After subsection (6) insert—
Section 92 (membership of tribunals etc) is amended as follows. In subsection (1) for “by the Lord Chancellor” substitute “in accordance with subsection (2)”. For subsections (2) and (3) substitute—
Section 2A (power to change certain requirements relating to Committee) is amended as follows. In subsection (1) for paragraph (a) substitute—. For subsection (2) substitute—
The Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
Section 412 (individual insolvency rules (England and Wales) is amended as follows. In subsection after “Secretary of State” insert “and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice”. After subsection (5) insert—
After section 92 insert—
Section 3 (process for making Civil Procedure rules) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows. For subsections (3) and (4) substitute— In subsection (5) for “, as allowed or altered” substitute “and allowed”. In subsection (6) omit “Subject to subsection (7),”. Omit subsection (7).
Section 413 (Insolvency Rules committee) is amended as follows. In subsection (3) for “by the Lord Chancellor” substitute “in accordance with subsection (3A) or (3B)”. After subsection (3) insert— After subsection (4) insert—
After section 3 insert—
Section 420 (insolvent partnerships) is amended as follows. In subsection (1) after “Secretary of State” insert “and the Lord Chief Justice”. In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”. After subsection (3) insert—
Section 4 (power to make consequential amendments) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows. In subsections (1) and (2) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (5) insert—
Section 421 (insolvent estates of deceased persons) is amended as follows. In subsection (1) after “Secretary of State” insert “and the Lord Chief Justice”. In subsection (2) after “Lord Chancellor” insert “and the Lord Chief Justice”. After subsection (4) insert—
Section 6 (Civil Justice Council) is amended as follows. After subsection (2) insert— After subsection (4) insert—
the President of the Queen's Bench Division;
The Mental Health Act 1983 is amended as follows.
The Coroners Act 1988 is amended as follows.
In rule 17 of the Merchant Shipping (Formal Investigations) Rules 1985 (application to Northern Ireland), omit sub-paragraph (a).
In section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal), in subsection (12) in the definition of “magistrates' court” and “court” for “designated” to the end substitute “designated in accordance with section 67 or section 139 of the Extradition Act 2003”.
The Employment Tribunals Act 1996 is amended as follows.
The Family Law Act 1996 is amended as follows.
The Pensions Tribunals (Northern Ireland) Rules 1981 is amended as follows.
In the Education (Northern Ireland) Order 1996, Article 22 (constitution of Special Educational Needs Tribunal for Northern Ireland) is amended as follows. In paragraph (3)(a) after “suitable” insert “after consultation with the Lord Chief Justice”. After paragraph (3) insert—
In Article 27 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (youth courts), in paragraph (3) for “Lord Chancellor” substitute “Lord Chief Justice”.
The Justice (Northern Ireland) Act 2002 is amended as follows. Where the amendment to section 8(7), 24(5) or 43(6) of that Act made by this Schedule comes into force before section 23 of this Act, the reference in that section (as amended by this Schedule) to the President of the Supreme Court has effect, until section 23 comes into force, as a reference to the senior Lord of Appeal in Ordinary.
Article 27 of the Administration of Estates (Northern Ireland) Order 1979 (depositories of wills of living persons) is amended as follows. That Article becomes paragraph (1) of Article 27. In that paragraph, for “the directions of the Lord Chancellor” substitute “directions given by the Lord Chief Justice with the concurrence of the Lord Chancellor”. After that paragraph insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 75 of, and Part 2 of Schedule 9 to, the Administration of Justice Act 1982 (c. 53).
This paragraph applies if one (but not both) of the following conditions is met— The unfilled place on the selection commission is to be taken by the most senior ordinary judge of the Supreme Court. If the unfilled place on the selection commission is not taken in accordance with sub-paragraph (2), the following are to be members of the commission instead— For the purposes of this paragraph a jurisdiction is already represented if— Any person disqualified under paragraph 5 is to be disregarded in determining the most senior judge for the purposes of any provision of this paragraph.
A selection commission is to be chaired—
by the President of the Supreme Court, or
by the Deputy President of the Supreme Court, if the President is not a member of the commission, or
by the senior judge of the Supreme Court who is a member of the commission, if neither the President nor the Deputy President is a member, or
by the most senior of the territorial judges who are members of the commission, if no judges of the Supreme Court are members.
In the British Law Ascertainment Act 1859—
in the sidenote to section 4 (Her Majesty in Council or House of Lords on appeal may adopt or reject opinion) for “House of Lords” substitute “Supreme Court”;
in that section, for “the House of Lords” and “that House” in each place substitute “the Supreme Court”.
In the National Health Service (Amendment) Act 1949, in section 9 (application of Part 1 to Scotland) in the substituted section 7(9) of the Act, as inserted by subsection (4), for “House of Lords” in each place substitute “Supreme Court”.
In the Air Force Act 1955, in section 113C (review of sentences by Courts-Martial Appeal Court)—
in subsection (4)—
for “House of Lords for their opinion” substitute “Supreme Court for its opinion”;
for “the House shall consider the point and give their opinion” substitute “the Supreme Court shall consider the point and give its opinion”;
for the words from “deal with it themselves” to the end of the subsection substitute “itself deal with the case.”;
in subsection (5) for “the House of Lords” in each place and “that House” substitute “the Supreme Court”;
in subsections (6) and (7) for “House of Lords” in each place substitute “Supreme Court”.
In the Naval Discipline Act 1957, in section 71AC (review of sentences by Courts-Martial Appeal Court)—
in subsection (4)—
for “House of Lords for their opinion” substitute “Supreme Court for its opinion”;
for “the House shall consider the point and give their opinion” substitute “the Supreme Court shall consider the point and give its opinion”;
for the words from “deal with it themselves” to the end of the subsection substitute “itself deal with the case.”;
in subsection (5) for “the House of Lords” in each place and “that House” substitute “the Supreme Court”;
in subsections (6) and (7) for “House of Lords” in each place substitute “Supreme Court”.
The Administration of Justice Act 1960 is amended as follows. In section 1 (right of appeal to House of Lords in criminal cases)— In section 2 (application for leave to appeal)— In section 4 (admission of appellant to bail) in subsection (2) for “the House of Lords” and “that House” substitute “the Supreme Court”. In sections 5(5) and 6(3) (power to order detention or admission to bail of defendant, and computation of sentence where bail granted) for “House of Lords” substitute “Supreme Court”. In section 9 (procedure) in subsection (3) for “the House of Lords” and “that House” substitute “the Supreme Court”. In section 13 (appeal in cases of contempt of court)—
The Criminal Appeal Act 1968 is amended as follows. In section 30 (restitution of property) in subsection (3) for “House of Lords” substitute “Supreme Court”. In section 33 (right of appeal to House of Lords)— In section 34 (application for leave to appeal)— In section 35 (hearing and disposal of appeal)— In sections 36 and 37 (bail on appeal by defendant, and detention of defendant on appeal by the Crown) for “House of Lords” in each place substitute “Supreme Court”. In section 38 (presence of defendant at hearing) for “House of Lords” and “House” in each place substitute “Supreme Court”. In section 43 (effect of appeal on sentence) for “the House of Lords” and “that House” substitute “the Supreme Court”. In Schedule 4 (procedural and other modifications for capital cases)—
In the Foreign Compensation Act 1969 in section 3 (determinations of the Foreign Compensation Commission and appeals against such determinations) for subsection (8) substitute—
In the Administration of Justice Act 1970, in Schedule 9 (enforcement of orders for costs, compensation, etc) in paragraphs 6(c) and 16A for “House of Lords” in each place substitute “Supreme Court”.
In the Administration of Justice Act 1973, in section 18 (payment of interpreters in criminal cases) in subsection (2) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”, and for “the court” substitute “the High Court”.
In the Race Relations Act 1976, in section 57A (claims under section 19B in immigration cases) in subsection (5) at the definition of “immigration appellate body” for “House of Lords” substitute “Supreme Court”.
In the Estate Agents Act 1979, in section 7 (appeals) in subsection (6) for “House of Lords” in each place substitute “Supreme Court”.
In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group A of Part 1, for paragraph (a) substitute—.
In the Wildlife and Countryside Act 1981, in section 31 (restoration) in subsection (2) for “the House of Lords”, “that House” and “the House” in each case substitute “the Supreme Court”.
In section 66A(4) of the Mental Health (Scotland) Act 1984 (appeal to Court of Session against certain decisions of sheriff), for “House of Lords” in each place substitute “Supreme Court”.
In section 22(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (re-employment of retired judges)—
after paragraph (a) insert—; and
omit the words “, in either case,”.
In the Criminal Justice Act 1987, in section 11 (restrictions on reporting)—
in subsection (5)(c) for “House of Lords” substitute “Supreme Court”;
in subsection (6)—
for “The House of Lords” substitute “The Supreme Court”;
for “that House” substitute “the Supreme Court”;
in subsections (7) and (8) for “House of Lords” in each place substitute “Supreme Court”.
The Court of Session Act 1988 is amended as follows. In section 24 (appeals in exchequer cases), in the sidenote and in subsection (1), for “House of Lords” substitute “Supreme Court”. In section 27(5) (special cases), for “House of Lords” substitute “Supreme Court”. In section 32(5) (appeals from sheriff on matters of law only), for “House of Lords” substitute “Supreme Court”. In the heading before section 40, for “House of Lords” substitute “Supreme Court”. In section 40 (appealable interlocutors)— In section 41 (interim possession, execution and expenses), in subsections (1) and (2), for “House of Lords” in each place substitute “Supreme Court”. In section 42 (order on payment of interest) and in its sidenote, for “House of Lords” substitute “Supreme Court”. In section 43 (interest and expenses where appeal dismissed for want of prosecution), for “House of Lords” substitute “Supreme Court”. In section 52(3) (appeals relating to estate duty), for “House of Lords” substitute “Supreme Court”.
In section 10 of the Extradition Act 1989 (statement of case by court) for “House of Lords” in each place substitute “Supreme Court”.
In the Water Resources Act 1991, in Schedule 14 (orders transferring main river functions) in paragraph 5(3), and in Schedule 16 (schemes imposing special drainage charges) in paragraph 8(3), for “House of Lords” in each place substitute “Supreme Court”.
In the Social Security Administration (Northern Ireland) Act 1992, in section 66 (restrictions on entitlement to benefit in certain cases of error) in subsection (4) in the definition of “the court” for “House of Lords” substitute “Supreme Court”.
The Criminal Procedure and Investigations Act 1996 is amended as follows. In section 36 (appeals to the House of Lords), in sidenote for “House of Lords” substitute “Supreme Court”. In section 37 (restrictions on reporting)—
In the Social Security Act 1998, in section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7) in the definition of “the court” for “House of Lords” substitute “Supreme Court”.
In the Social Security (Northern Ireland) Order 1998, in Article 27 (restriction of entitlement to benefit in certain cases of error), in paragraph (7) in the definition of “the court” for “House of Lords” substitute “Supreme Court”.
In the Financial Services and Markets Act 2000 in section 137 (appeal on a point of law)—
in subsection (4) for paragraph (b) substitute—;
in subsection (5) for “House of Lords” in each place substitute “Supreme Court”.
In section 2(2) of the Regulation of Investigatory Powers (Scotland) Act 2000 (persons appointed to be Surveillance Commissioners), for “Appellate Jurisdiction Act 1876” substitute “Constitutional Reform Act 2005”.
In the Armed Forces Act 2001, in section 30 (conditional release from custody) in subsection (2)(b) for “House of Lords” substitute “Supreme Court”.
In the Crime (International Co-operation) Act 2003, in sections 60(4) and 62(4) (suspension of disqualification) for “House of Lords” substitute “Supreme Court”.
The Criminal Justice Act 2003 is amended as follows. In section 50 (application of Part 7 to Northern Ireland)— In section 71 (restrictions on reporting)— In section 81 (appeals), in subsection (2) in the inserted section 33(1B) of the Criminal Appeal Act 1968 and the words before it, for “House of Lords” substitute “Supreme Court”. In section 274 (further provision about transferred life prisoners) for “House of Lords” in each place substitute “Supreme Court”. In Schedule 22 (mandatory life sentences) in paragraph 14(2), (4) and (5) for “House of Lords” substitute “Supreme Court”.
The Chelsea and Kilmainham Hospitals Act 1826 is amended as follows. For “Supreme Court” in each place substitute “Senior Courts”. In sections 46, 49 and 50 for “the said court” in each place substitute “the said courts”.
The Landed Estates Court (Ireland) Act 1858 is amended as follows. In section 56 (purchase money)— In section 57 (persons interested may bid at sale, etc) for “Supreme Court” in each place substitute “Court of Judicature”. In section 70 (power to order money to be paid into Court)—
In the Commons Act 1876, in section 30 (jurisdiction of county court) for the words from “to be made by the Supreme Court” to “Supreme Court of Judicature Act 1875” substitute “within the meaning given in the Interpretation Act 1978”.
The Notice of Accidents Act 1894 is amended as follows. In section 3(4) for “master of the Supreme Court” substitute “Master (Taxing Office) of the Court of Judicature”. Omit section 8.
The Maintenance Orders Act 1950 is amended as follows. In section 17(3)(a) for “Supreme Court of Judicature in England” substitute “Senior Courts” and for “Supreme Court of Judicature of Northern Ireland” substitute “Court of Judicature”. In section 18(1B) for “Supreme Court in England or Northern Ireland” substitute “Senior Courts or the Court of Judicature”.
In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable)—
in subsection (1)(a) for “Supreme Court” substitute “Senior Courts, in the Court of Judicature”;
in subsection (5), omit ““the Supreme Court””.
The Judicial Pensions Act 1981 is amended as follows. In the table in section 1 (interpretation) in each place— In the table in section 16 (application of Part 2, and interpretation) for “Supreme Court” and “Supreme Court of Northern Ireland” respectively in each place (except where those words are inserted by this Act) substitute “Senior Courts” and “Court of Judicature”. In Schedule 1 (certain officers, and President of Transport Tribunal) for “Supreme Court” in each place substitute “Senior Courts”.
The Representation of the People Act 1983 is amended as follows. In section 157 (application to Northern Ireland)— In the following provisions for “Supreme Court” substitute “Senior Courts”—
In the Trade Marks Act 1994 in section 69 (evidence before registrar) for “Supreme Court” substitute “Senior Courts or of the Court of Judicature”.
In Part 7 of Schedule 1 to the Freedom of Information Act 2000—
omit “The Northern Ireland Supreme Court Rules Committee.”;
insert in the appropriate place “The Northern Ireland Court of Judicature Rules Committee.”.
The Lord Chancellor may recommend a person for appointment as a Commissioner for the purposes of paragraph (a), (b) or (c) of paragraph 2(3) only if— The Lord Chancellor may recommend a person for appointment as a Commissioner for the purposes of paragraph 1(a), any other paragraph of paragraph 2(3), any paragraph of paragraph 2(4) or any of paragraphs (c) to (e) of paragraph 2(2) only if— Subject to sub-paragraph (1), the Lord Chancellor must recommend for appointment any person selected by the Judges' Council. A request under this paragraph must specify the provision for the purposes of which the appointment is to be made. A request may specify the time within which a person is to be selected. The Lord Chancellor may appoint different panels for the purposes of different requests. A selection by the Judges' Council must be notified to the Lord Chancellor in a report which gives reasons for the selection. In this paragraph references to the Judges' Council are to be read as references to a body designated for the purposes of this Schedule by the Lord Chief Justice.
In section 108 (general provisions as to rules under Part 7), after subsection (1) (as substituted by paragraph 129(2) of Schedule 4) insert—
In section 11 (proceedings at inquest), for subsection (5)(c) substitute—
Section 22 (membership of appeal tribunal) is amended as follows. In subsection (1)(a)— In subsection (3) for “Lord Chancellor shall, after consultation with the Lord President of the Court of Session,” substitute “Lord Chief Justice shall”. After subsection (3) insert— After subsection (4) insert—
Section 57 (jurisdiction of the courts) is amended as follows. In subsections (3), (4) and (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In subsection (7) after “Lord Chancellor thinks appropriate” insert “, after consulting the Lord Chief Justice”. In subsection (9) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In subsection (10) after “Lord Chancellor thinks expedient” insert “, after consulting the Lord Chief Justice,”. After subsection (11) insert—
In rule 2 (interpretation), in paragraph (1)—
for the definition of “the Chairman” substitute—;
in the definition of “the Deputy President” omit “by the Lord Chief Justice of Northern Ireland”;
in the definition of “the President” omit “by the Lord Chief Justice of Northern Ireland”.
In section 8 (tribunals for considering removal), in subsection (7) after “Lord Chancellor” insertafter consultation with all of the following—.
This paragraph applies if both of the following conditions are met— The unfilled places on the commission are to be taken by the following persons— If neither of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are to be members of the commission instead— If only one of the unfilled places on the selection commission is taken in accordance with sub-paragraph (2), the following are also to be members of the commission— For the purposes of sub-paragraph (4) a jurisdiction is already represented if it is the home jurisdiction of the judge who has taken a place on the selection commission in accordance with sub-paragraph (2). Any person disqualified under paragraph 5 is to be disregarded in determining the most senior or second most senior judge for the purposes of any provision of this paragraph.
In section 143 (general provisions as to regulations, orders and rules), after subsection (3) insert—
Section 32 (power to make rules) is amended as follows. In subsection (1) for “The Lord Chancellor may, with the concurrence of the Secretary of State, make rules” substitute “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005”. In subsection (3) for “of the Lord Chancellor under this section to make rules” substitute “to make rules under this section”. Omit subsection (4).
Section 23 (temporary membership) is amended as follows. In subsection (1) for “Lord Chancellor” substitute “Lord Chief Justice”. In subsection (2)(a) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (5) insert—
Section 61 (appeals) is amended as follows. In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (6) insert—
In rule 2A (functions of the President), in paragraph (2) after “Lord Chief Justice of Northern Ireland” insert “after consultation with the Lord Chancellor”.
Section 9 (appointment of lay magistrates) is amended as follows. In paragraph (a) of subsection (2) for the words from “approved by” to the end of the paragraph substitute “approved by the Lord Chief Justice after consultation with the Lord Chancellor, or”. In subsection (3) for the words from “such longer period” to the end substitute “such longer period as the Lord Chief Justice may, after consulting the Lord Chancellor, allow.” In subsection (4) after “may” insert “, after consultation with the Lord Chief Justice,”. In subsection (5) after “unless” insert “, after consultation with the Lord Chief Justice,”.
The home jurisdiction of a judge of the Supreme Court is determined for the purposes of paragraphs 2 and 3 in accordance with this paragraph. If the judge became, or first became, a member of the Supreme Court by virtue of section 24, his home jurisdiction is— Sub-paragraph (4) applies if the following conditions are met— In such a case the judge’s home jurisdiction is— Sub-paragraph (6) applies if the following conditions are met— In such a case the judge’s home jurisdiction is—
Section 24 (temporary additional judicial membership) is amended as follows. For subsection (1) substitute— In subsection (2) for “subsection (1)” substitute “this section”. After subsection (3) insert—
In section 10 (transfer of functions of justices of the peace), in subsection (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
In section 25 (tenure of appointed members) after subsection (4) insert—
In section 12 (role of the Lord Chief Justice), omit subsections (2) and (3).
In section 24 (removal of Attorney General), in subsection (5) after “Lord Chancellor” insertafter consultation with all of the following—.
after consultation with all of the following—
Schedule 1 (listed judicial offices) is amended as follows. Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) Member of the panel of chairmen of the Industrial Tribunals Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269) Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985) Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland Member of the panel of chairmen of VAT tribunals for Northern Ireland General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)
Schedule 3 (appointment to listed judicial offices) is amended as follows. In paragraph (2), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly In paragraph 30 for the words from the beginning to “effect” substitute “The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004 (S.R. 2004 No 164) have effect”. In paragraph 31 for “regulation 2(2)” substitute “regulation 2(1)”. In paragraph 32 for “regulation 4(1)” substitute “regulation 4(6)”. Omit paragraph 33.
Schedule 4 (functions of justices of the peace) is amended as follows. In paragraph 4 (amendment of Schedule by order), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. In paragraph 5 (consequential amendments by order) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. After paragraph 5 insert—
Omit Schedule 5 (transfer of functions to Lord Chief Justice).
Schedule 6 (office-holders required to take judicial oath) is amended as follows. Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) Member of the panel of chairmen of the Industrial Tribunals Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269). Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985) Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland Member of the panel of chairmen of VAT tribunals for Northern Ireland General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)
In Schedule 12 (minor and consequential amendments), after paragraph 81 insert—
Schedule 13 (repeals and revocations) is amended as follows. Omit— Constitutional Reform Act 2005 Sections 133 to 136.
Section 13
Section 14
For section 6 of the County Courts Act 1984 (c. 28) substitute— That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district or districts for which he was appointed.
The Habeas Corpus Act 1679 is amended as follows.
Section 23 of the Administration of Justice Act 1977 (jurisdiction of ancient courts) is amended as follows. In subsection (4) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (5) insert—
Section 2 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for financial provision) is amended as follows. In subsection (3) omit the second paragraph. After subsection (3) insert—
The Magistrates' Courts Act 1980 is amended as follows.
In section 161 of the Representation of the People Act 1983 (justices of the peace guilty of corrupt practice)—
after “Lord Chancellor” insert “and the Lord Chief Justice”;
after “Scotland,” insert “to”.
The County Courts Act 1984 is amended as follows.
In Schedule 12 to the Criminal Justice Act 1988 (assessors of compensation for miscarriages of justice), for paragraph 6 (power of removal) substitute—
For sections 100 and 101 of the Supreme Court Act 1981 (c. 54) substitute— That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district registry or registries for which he was appointed. In section 102 of that Act (deputy district judges) for subsection (4) substitute—
In section 1 (bringing before Lord Chancellor or other judges) omit “the lord chauncelior or lord keeper of the great seale of England for the time being or”.
Section 3B (transfer of trials of summary offences) is amended as follows. In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice may, with the concurrence of the Lord Chancellor,”. After subsection (4) insert—
Section 2 (county court districts etc) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. In subsection (3) after “given” insert “, after consulting the Lord Chief Justice,”. After subsection (4) insert—
In section 2 (appeal to Lord Chancellor or other judges) omit—
“the lord chauncellour or lord keeper or” in each place;
“lord chauncellor lord keeper”;
“the said lord chauncellor or lord keeper or” in the first and second places;
“lord chauncellor or lord keeper or” in the last place.
Section 67 (Family Proceedings Courts) (as substituted by section 49(1) of the Courts Act 2003 (c. 39)) is amended as follows. In subsection (3) for “Lord Chancellor or a person acting on his behalf” substitute “Lord Chief Justice”. In subsection (4) for “Lord Chancellor may by rules” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, by rules”. In subsection (5) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (8) insert—
Section 3 (places and times of sittings) is amended as follows. In subsection (1) after “given” insert “, after consulting the Lord Chief Justice,”. After subsection (4) insert—
In section 9 (Lord Chancellor or other judge unduly denying writ) omit “the said lord chauncellor or lord keeper or”.
Section 144 (rule committee and rules of procedure) is amended as follows. Before subsection (1) insert— In subsection (1)— After subsection (1) insert— In subsection (2) for “he may determine” substitute “he may, after consulting the Lord Chief Justice, determine”. After subsection (4) insert—
Section 5 (judges of county courts) is amended as follows. In subsection (1) for “Lord Chancellor shall” substitute “Lord Chief Justice shall, after consulting the Lord Chancellor,”. In subsection (2) for “or on behalf of the Lord Chancellor” substitute “the Lord Chief Justice after consulting the Lord Chancellor”. In subsection (3) for “Lord Chancellor considers desirable” substitute “Lord Chief Justice considers desirable after consulting the Lord Chancellor”. In subsection (4)(a) for “Lord Chancellor may direct” substitute “Lord Chief Justice may, after consulting the Lord Chancellor, direct”. After subsection (4) insert—
After section 144 insert—
Section 11 (tenure of office) is amended as follows. In subsection (5) after “by the Lord Chancellor” insert “, but only with the concurrence of the Lord Chief Justice”. In subsection (6) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—
Section 26 (districts for Admiralty purposes) is amended as follows. In subsection (1)— After subsection (4) insert—
In section 38 (remedies available in county courts), in subsection (5) for “by the Lord Chancellor under this section” substitute “under this section by the Lord Chancellor after consulting the Lord Chief Justice”.
Section 61 (right of audience by direction) is amended as follows. In subsection (1) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After subsection (4) insert—
Omit section 74A (practice directions).
In section 145 (power to raise monetary limits), after subsection (2) insert—
“40-day period” in relation to the draft of any proposed selection guidance means— no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;
In section 23 of the Courts Act 2003 (c. 39) (Senior District Judge (Chief Magistrate))—
for “The Lord Chancellor” substitute “Her Majesty”;
for “he” substitute “she”.
In section 1 of the Parliamentary Papers Act 1840 (proceedings against persons for publication of Parliamentary papers) for the words from “the lord high chancellor” to “the time being” substitute “the Speaker of the House of Lords”.
For the title to section 2 of the Laying of Documents Before Parliament (Interpretation) Act 1948 substitute “Statutory Instruments Act 1946, s.4: notification during vacancy of office of Speaker of either House”. In section 2—
In section 2(3) of the Ministerial and other Salaries Act 1975 (question as to who is Leader of the Opposition in the House of Lords) for “the Lord Chancellor” substitute “the Speaker of the House of Lords”.
In this Schedule “transferred jurisdiction” means any jurisdiction of— that is transferred to the Supreme Court by virtue of this Act. In relation to transferred jurisdiction—
This paragraph applies to the investments and money which constitute the funds in court of— that are held in relation to transferred proceedings. On the transfer day the investments and money are, by virtue of this paragraph and without any transfer or assignment, vested in the accounting officer as funds in the Supreme Court. In dealing with any investments and money vested in him by virtue of this paragraph, the accounting officer must comply with any directions which the Lord Chancellor may give with a view to securing the transition of the administration of the funds in court referred to in sub-paragraph (1).
In section 2 of the Privy Council Registrar Act 1853 (appointment by President of the Council of person to act for registrar) after “Privy Council” insert “, after consulting the President of the Supreme Court of the United Kingdom,”.
The Judicial Committee Act 1881 ceases to have effect.
The Appellate Jurisdiction Act 1876 ceases to have effect.
Section 17(5) of the Railway and Canal Traffic Act 1888 ceases to have effect.
In the Life Peerages Act 1958, in section 1 (power to create life peerages), in subsection (1) omit the words “Without prejudice to Her Majesty’s powers as to the appointment of Lords of Appeal in Ordinary,”.
The Administration of Justice Act 1968 ceases to have effect.
The Judicature (Northern Ireland) Act 1978 is amended as follows. In section 7 (further assistance for transaction of judicial business) in subsections (1)(a) and (4) for “Lord of Appeal in Ordinary” substitute “judge of the Supreme Court”. In section 9 (qualifications of judges), in subsection (3)(b) for “Lord of Appeal in Ordinary” substitute “judge of the Supreme Court”.
In the Courts and Legal Services Act 1990, in Schedule 11 (judges etc barred from legal practice) for the words “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
In section 91(2) of the Police Act 1997 (Commissioners for the authorisation of action in respect of property) for “the Appellate Jurisdiction Act 1876 (c. 59)).” substitute “Part 3 of the Constitutional Reform Act 2005 or are or have been members of the Judicial Committee of the Privy Council.”
The Regulation of Investigatory Powers Act 2000 is amended as follows. In each of— for “the Appellate Jurisdiction Act 1876)” substitute “Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council”. In section 61(8)(a) (Investigatory Powers Commissioner for Northern Ireland) for “the Appellate Jurisdiction Act 1876” substitute “Part 3 of the Constitutional Reform Act 2005”.
The Justice (Northern Ireland) Act 2002 is amended as follows. In each of— (tribunals for considering removal from certain offices) for the words from “holds the office” to “Appellate Jurisdiction Act 1887 (c. 70))” substitute “holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005”. Omit section 18(1) (amendment of section 6 of the Appellate Jurisdiction Act 1876).
In section 10A(2) of the Justices of the Peace Act 1997 (c. 25) (until the coming into force of the repeal of that Act by the Courts Act 2003) for “The Lord Chancellor” substitute “Her Majesty”.
In this Schedule “transferred proceedings” means proceedings which were begun before the transfer day in the original court under transferred jurisdiction.
The transfer of any investments and money under paragraph 7 does not affect the right of any person in or to any thing so transferred. Any such right may be enforced from the transfer day as if it had always been a right in respect of funds in the Supreme Court.
This paragraph applies to a liability of the House of Lords or the Judicial Committee of the Privy Council if the following conditions are met— On the transfer day the liability is, by virtue of this paragraph and without any transfer or assignment, vested in the accounting officer. Any amounts required to meet any such liability are to be paid out of the Consolidated Fund to the accounting officer.
In paragraphs 7 and 9 “accounting officer” means the person who, in the view of the President of the Supreme Court, carries out duties in relation to that court that correspond as nearly as possible to the duties carried out in relation to the Senior Courts of England and Wales by the Accountant-General of those courts.
Section 15
The Ecclesiastical Leasing Act 1842 is amended as follows.
In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit “the Lord Chancellor,”.
Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee of the Privy Council to sit in more than one division at the same time) is amended as follows. In subsection (1) for “Lord Chancellor” substitute “President of the Supreme Court of the United Kingdom”.
The Compensation (Defence) Act 1939 is amended as follows. For the title to section 9 substitute “Incidental powers of tribunals and rules of procedure”. Omit section 9(1)(a) (powers of tribunals to make rules of procedure). After section 9(1) insert— In subsection (2) for the words from the beginning to “subsection” substitute “Such rules”. After subsection (3) insert—
Section 2 of the Lands Tribunal Act 1949 (members, officers and expenses of Lands Tribunal) is amended as follows. In subsection (3) for “Lord Chancellor may” substitute “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor,”. In subsection (4) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”. In subsection (9)(a) after “Lord Chancellor” insert “and the Lord Chief Justice of England and Wales”. After subsection (10) insert—
The Criminal Justice Act 2003 is amended as follows.
The Magistrates' Courts Act 1980 is amended as follows.
The County Courts Act (Northern Ireland) 1959 is amended as follows.
In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (terms of appointment of members of Lands Tribunal), in subsection (1)(b) omit “Lord Chancellor's”.
Rule 2 of the Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (interpretation) is amended as follows. In paragraph (1), in the definition of “the chairman” for “by the Lord Chief Justice of Northern Ireland” substitute “in accordance with paragraph 1(1)(a) of Schedule 3 to the Act”.
Article 48 (the court) is amended as follows. In paragraph (1)— After paragraph (1) insert—
Article 4 of the Domestic Proceedings (Northern Ireland) Order 1980 (powers of court to make provision for domestic proceedings) is amended as follows. In paragraph (3) after “may” insert “, after consultation with the Lord Chief Justice,”. After paragraph (3) insert— In paragraph (4) for the words from the beginning to “under” substitute “Any order made under”.
The Child Support (Northern Ireland) Order 1991 is amended as follows.
The Family Homes and Domestic Violence (Northern Ireland) Order 1998 is amended as follows.
In Article 12 of the Criminal Evidence (Northern Ireland) Order 1999 (evidence by live link), in paragraph (5) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”.
Regulation 5 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 (panels of chairmen and members of tribunals) is amended as follows. In paragraph (1)(a), for “the Department” substitute “the Lord Chancellor”. In paragraph (2), for “to the Department” substitute “to the Lord Chancellor, in the case of a member of the panel of chairmen, or to the Department, in any other case,”.
A selection commission consists of the following members— Sub-paragraph (1)(a) does not apply if— References in this Part of this Schedule to the President’s place on a selection commission being unfilled are references to a case falling within paragraph (a) or (b) of sub-paragraph (2). Sub-paragraph (1)(b) does not apply if— References in this Part of this Schedule to the Deputy President’s place on a selection commission being unfilled are references to a case falling within paragraph (a) or (b) of sub-paragraph (4).
This paragraph applies in relation to those persons who are to be members of a selection commission by virtue of paragraph 1(1)(c). The Lord Chancellor must nominate one member of each Commission or Board referred to in that provision to be a member of the selection commission. At least one of the persons nominated under sub-paragraph (2) to be a member of the selection commission must be non-legally qualified. The Lord Chancellor may nominate a person under sub-paragraph (2) only on the recommendation of the Commission or Board of which the person is a member. The Lord Chancellor may, out of money provided by Parliament, pay to any person nominated under sub-paragraph (2) such allowances as the Lord Chancellor may determine. For the purposes of this paragraph a person is non-legally qualified if— In sub-paragraph (6) “practising lawyer” has the same meaning as in paragraph 6 of Schedule 12 to this Act.
Section 22 (consent of patron where patronage in the Crown) is amended as follows. For the words from “if such benefice shall be above” to “great seal,” substitute “unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which such consent or concurrence is to be testified shall be executed by the Prime Minister”. Omit “or persons”.
In section 18 (application to Scotland and Northern Ireland)—
omit subsection (2);
for subsection (4) substitute—
Section 167 (Sentencing Guidelines Council) is amended as follows. In subsection (1)(b)— After subsection (9) insert—
Section 67 (family proceedings courts and panels) is amended as follows. In subsection (2)(a) for “by the Lord Chancellor” substitute “by the Lord Chief Justice, after consulting the Lord Chancellor,”. In subsection (5) for “on the Lord Chancellor” substitute “, exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice,”. After subsection (8) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 49(1) of the Courts Act 2003.
In section 102 (appointment and assignment of judges), in subsections (2) and (4) for “Lord Chancellor” substitute “Lord Chief Justice”.
Article 10 (role of the courts with respect to maintenance for children) is amended as follows. In paragraph (5), after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”. After paragraph (5) insert—
Article 34 (jurisdiction of courts and procedure) is amended as follows. In paragraphs (3), (4) and (5) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. In paragraph (7) after “Lord Chancellor thinks appropriate” insert “, after consultation with the Lord Chief Justice,”. In paragraph (9) after “Lord Chancellor” insert “, after consultation with the Lord Chief Justice,”. After paragraph (9) insert—
In section 23 (consent of patron where patronage attached to duchy of Cornwall), for the words from “the same” to “concurrence of the crown” substitute “the Prime Minister, in accordance with section 22”.
Section 168 (Sentencing Guidelines Council: supplementary) is amended as follows. In subsection (1) for paragraphs (b) and (c) substitute— For subsection (2) substitute— After subsection (5) insert—
Section 68 (combined family panels) is amended as follows. In subsection (2), after “thinks fit” insert “after consulting the Lord Chief Justice”. After subsection (6) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 49(2) of the Courts Act 2003 (c. 39).
In section 105 (tenure and oaths of office and retirement of judges), in subsection (4) omit “Lord Chancellor's”.
Article 42 (jurisdiction of courts in certain proceedings under this Order) is amended as follows. In paragraphs (1) and (3) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. In paragraph (4) after “Lord Chancellor considers appropriate” insert “, after consultation with the Lord Chief Justice,”. After paragraph (4) insert—
Article 39 (appeals) is amended as follows. In paragraph (4) after “Lord Chancellor” in each place insert “, after consultation with the Lord Chief Justice,”. In paragraph (11) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. After paragraph (11) insert—
Section 330 (orders and rules) is amended as follows. In subsection (1)(b) after “Lord Chancellor” insert “or the Lord Chief Justice”. After subsection (2) insert—
In section 146 (rules relating to youth court panels and composition of youth court), in subsection (2) for “Lord Chancellor” substitute “Lord Chief Justice”. After subsection (5) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 50(3) of the Courts Act 2003.
In section 107 (deputy judges), in subsection (4) omit “Lord Chancellor's”.
In section 116 (pensions of judges), after subsection (5) insert—
Section 15
Section 18
Section 19
Any function of the Lord Chancellor that relates to the custody or use of the Great Seal of the United Kingdom.
Any function of the Lord Chancellor under this Act.
Any function of the Lord Chancellor under another enactment, if the function is conferred or modified by an amendment made by this Act.
Any function of the Lord Chancellor under these provisions— A: GENERAL Sheriffs Act 1887 (c. 55) Section 20 Law of Distress Amendment Act 1888 (c. 21) Section 8 Stamp Act 1891 (c. 39) Section 13A War Pensions (Administrative Provisions) Act 1919 (c. 53) The Schedule, paragraphs 1, 2, 3, 8 and 9 Administration of Justice Act 1925 (c. 28) Section 22(4) Children and Young Persons Act 1933 (c. 12) Schedule 2, paragraphs 4, 5, 11, 12 and 20 Compensation (Defence) Act 1939 (c. 75) Section 8 London Building Acts (Amendment) Act 1939 (c. xcvii) Section 109(2) Pensions Appeal Tribunals Act 1943 (c. 39) The Schedule, paragraphs 2(1), 2A, 2B, 3C and 5 Coal Industry Nationalisation Act 1946 (c. 59) Section 61(1) Section 64(10) Agriculture Act 1947 (c. 48) Schedule 9 Commonwealth Telegraphs Act 1949 (c. 39) Section 6(4) Lands Tribunal Act 1949 (c. 42) Section 2 Section 3 National Health Service (Amendment) Act 1949 (c. 93) Section 7(6) Section 9(4)(a) National Parks and Access to the Countryside Act 1949 (c. 97) Section 18(3) Foreign Compensation Act 1950 (c. 12) Section 1(1) Section 4 Courts-Martial (Appeals) Act 1951 (c. 46) Section 28 Section 30 Section 31(4) Section 32 Section 33 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) Section 5 Agriculture (Miscellaneous Provisions) Act 1954 (c. 39) Section 6(6) Landlord and Tenant Act 1954 (c. 56) Section 63(6)(c) Land Powers (Defence) Act 1958 (c. 30) Schedule 2, paragraphs 4(3) and (4) Land Compensation Act 1961 (c. 33) Section 3 Transport Act 1962 (c. 46) Schedule 6, paragraph 3(4) Betting, Gaming and Lotteries Act 1963 (c. 2) Section 29 Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1) Section 2(1A) Section 3 Industrial and Provident Societies Act 1965 (c. 12) Section 69 Commons Registration Act 1965 (c. 64) Section 17(1) and (3) Superannuation Act 1965 (c. 74) Section 39A Courts-Martial (Appeals) Act 1968 (c. 20) Section 2 Section 5 Section 7(2) Section 30 Countryside Act 1968 (c. 41) Section 15A(3) Hearing Aid Council Act 1968 (c. 50) Section 5(3) Section 6(4) Section 10(6) Section 13 Transport Act 1968 (c. 73) Schedule 4, paragraph 13(3) Taxes Management Act 1970 (c. 9) Section 2 Section 2A Section 3 Section 3A Section 4(1), (3) and (6) Section 4A(1) and (6) Section 28ZC Section 46A Section 56B Administration of Justice Act 1970 (c. 31) Section 10(3) Courts Act 1971 (c. 23) Section 16(1) Section 18 Section 21(2), (4) and (7) Section 24 Schedule 2, paragraphs 4(3) and 9(2) Misuse of Drugs Act 1971 (c. 38) Schedule 3, paragraphs 1(1), 3 and 4 and, in the table in paragraph 21, the entry for paragraph 1 Immigration Act 1971 (c. 77) Section 22 Administration of Justice Act 1973 (c. 15) Sections 9 and 12 Juries Act 1974 (c. 23) Section 2 Section 3(1) Section 5(1) Section 8 Section 19 Section 21 Section 23(2) Industry Act 1975 (c. 68) Schedule 3, paragraphs 4(1)(a) and 17 Armed Forces Act 1976 (c. 52) Section 6(3), (4), (8) and (11) Aircraft and Shipbuilding Industries Act 1977 (c. 3) Section 42 Schedule 7, paragraph 5(1) National Health Service Act 1977 (c. 49) Schedule 9A, paragraphs 1,2, 4, 6, 15, 16 and 21 Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) Section 2(3) Customs and Excise Management Act 1979 (c. 2) Schedule 3, paragraph 17(4) Magistrates' Courts Act 1980 (c. 43) Section 137 Section 144(2) and (3) Judicial Pensions Act 1981 (c. 20) Section 3 Section 5 Section 7 Section 10 Section 11 Section 13 Section 13A Section 14A Section 23 Section 29B Section 32A Section 33A Schedule 1, paragraph 3(3) Schedule 1A, paragraphs 2 and 11 Schedule 2, paragraph 2(2) British Telecommunications Act 1981 (c. 38) Schedule 2, paragraph 12(3) Supreme Court Act 1981 (c. 54) Section 9(8) Section 11(7) and (8) Section 12 Section 54(3) Section 57(4)(a) Section 71(4)(a) Section 74 Section 75 Section 91(6) Section 92(1) and (3A) Section 98 Section 102(1) Section 126 Section 133 Section 140(4) Wildlife and Countryside Act 1981 (c. 69) Section 28N(3) Transport Act 1982 (c. 49) Section 66(4)(a) Administration of Justice Act 1982 (c. 53) Section 25(3)(a) and (c) Mental Health Act 1983 (c. 20) Section 78 Section 143(1) Schedule 2, paragraphs 1, 2 and 3 Car Tax Act 1983 (c. 53) Section 3(5) County Courts Act 1984 (c. 28) Section 8(1) and (3) Section 12(1) Section 128 Section 130 Matrimonial and Family Proceedings Act 1984 (c. 42) Section 37 Ordnance Factories and Military Services Act 1984 (c. 59) Schedule 1, paragraph 2(5) Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) Schedule 2, paragraph 2(1)(a) Transport Act 1985 (c. 67) Schedule 4, paragraphs 2(1)(a), 3(4) and (5), 6, 7, 15 and 16 Landlord and Tenant Act 1985 (c. 70) Section 29(4) Agricultural Holdings Act 1986 (c. 5) Schedule 11, paragraph 1(5) Insolvency Act 1986 (c. 45) Section 117 Section 413 Section 414 Section 415 Section 420(1) Section 421(1) Schedule 7, paragraph 1(1)(a) Ecclesiastical Fees Measure 1986 (1986 No. 2) Section 4(1)(a) Income and Corporation Taxes Act 1988 (c. 1) Section 706(1) Coroners Act 1988 (c. 13) Section 17A Criminal Justice Act 1988 (c. 33) Schedule 12 Education Reform Act 1988 (c. 40) Schedule 10, paragraph 9(4) Copyright, Designs and Patents Act 1988 (c. 48) Section 145(2) Section 146(6) Section 150 Section 291(5) Section 292 Electricity Act 1989 (c. 29) Schedule 10, paragraph 9(2)(a) Children Act 1989 (c. 41) Section 104(1) Broadcasting Act 1990 (c. 42) Schedule 9, paragraph 5(5)(a) Town and Country Planning Act 1990 (c. 8) Section 20(5) Courts and Legal Services Act 1990 (c. 41) Section 1 Section 72 Child Support Act 1991 (c. 48) Section 8 Section 22 Section 24 Section 25 Section 52(1) Schedule 4, paragraphs 1(3), 2(1) and (2), 2A(1), 4(1), 4A(1) and 7 Ports Act 1991 (c. 52) Schedule 2, paragraph 11(5) Land Drainage Act 1991 (c. 59) Section 31(1) Armed Forces Act 1991 (c. 62) Schedule 1 Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1) Section 25(2)(a) Social Security Administration Act 1992 (c. 5) Section 24 Section 41(4)(c) Section 43(5)(c) Section 50(4)(c) Section 51(1) Section 52(2) Section 58 Schedule 2, paragraph 6 Further and Higher Education Act 1992 (c. 13) Schedule 5, paragraph 7(4) Finance (No. 2) Act 1992 (c. 48) Section 75 Tribunals and Inquiries Act 1992 (c. 53) Section 6(2), (8) and (9) Section 9 Section 13 Section 15 Section 16(2) Schedule 5, paragraph 7(4) Judicial Pensions and Retirement Act 1993 (c. 8) Section 1 Section 2 Section 3 Section 9 Section 10 Section 11 Section 12 Section 13 Section 19 Section 20 Section 21 Section 26(5), (6) and (9) Section 31 Schedule 2, paragraphs 2, 11, 12 and 13 Schedule 2A, paragraphs 1 and 2 Schedule 5, as it applies in relation to the office of chairman or other member of Rent Assessment Committees Schedule 7, paragraph 2 Coal Industry Act 1994 (c. 21) Schedule 2, paragraph 8(6)(a) Value Added Tax Act 1994 (c. 23) Schedule 12, paragraphs 2(2) and (3), 3(2), (4), (5), (6) and (8), 4(2), 7(8) and (10), and 9 Trade Marks Act 1994 (c. 26) Section 77 Merchant Shipping Act 1995 (c. 21) Section 297(1) Atomic Energy Authority Act 1995 (c. 37) Schedule 1, paragraph 10(6)(a) Employment Tribunals Act 1996 (c. 17) Section 3 Section 22(1)(c) and (2) Section 27 Section 30 Reserve Forces Act 1996 (c. 14) Section 90 Section 91 Police Act 1996 (c. 16) Schedule 6, paragraph 1(a) Arbitration Act 1996 (c. 23) Section 91(3)(c) Section 105 Defamation Act 1996 (c. 31) Section 9(1)(c) Housing Act 1996 (c. 52) Section 119(3) Broadcasting Act 1996 (c. 55) Schedule 5, paragraph 8(6)(a) Education Act 1996 (c. 56) Section 333(3) School Inspections Act 1996 (c. 57) Schedule 2, paragraph 1(1)(a) Civil Procedure Act 1997 (c. 12) Section 3 Section 6 Justices of the Peace Act 1997 (c. 25) Section 10 Section 10A(1) Section 10B(1) Section 27B Section 29 Section 30 Section 30B Section 30C Section 31 Section 32A Section 34 Finance (No. 2) Act 1997 (c. 58) Schedule 2, paragraph 11(2) Plant Varieties Act 1997 (c. 66) Schedule 3, paragraphs 2(1), 13 and 16 Special Immigration Appeals Commission Act 1997 (c. 68) Section 5 Section 8 Schedule 1, paragraphs 1, 2, 3 and 4 Social Security Act 1998 (c. 14) Section 5(1) Section 6(1) to (4) Section 79 Schedule 4, paragraphs 1(2), 2, 3, 6 and 8 Data Protection Act 1998 (c. 29) Section 6(4) Crime and Disorder Act 1998 (c. 37) Section 51 Section 51D Section 81 Human Rights Act 1998 (c. 42) Schedule 4 Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2) Section 13 Protection of Children Act 1999 (c. 14) The Schedule, paragraphs 2(1) and (3), and 3 Finance Act 1999 (c. 16) Schedule 17, paragraph 11 Greater London Authority Act 1999 (c. 29) Section 189(6) Welfare Reform and Pensions Act 1999 (c. 30) Section 43 Immigration and Asylum Act 1999 (c. 33) Section 53(6) Schedule 7, paragraphs 1 and 2 Financial Services and Markets Act 2000 (c. 8) Schedule 13, paragraphs 2, 3(1) and (4), 4, 5, 6 and 9 Terrorism Act 2000 (c. 11) Schedule 3, paragraphs 1, 2, 3 and 5 Child Support, Pensions and Social Security Act 2000 (c. 19) Schedule 7, paragraph 20 Local Government Act 2000 (c. 22) Section 75 Section 76(11) International Criminal Court Act 2001 (c. 17) Schedule 1, paragraph 7 Anti-terrorism, Crime and Security Act 2001 (c. 24) Schedule 6, paragraphs 1, 2, 3 and 5 Land Registration Act 2002 (c. 9) Section 107(1) Schedule 9, paragraphs 2, 5, 6 and 7 Commonhold and Leasehold Reform Act 2002 (c. 15) Schedule 12, paragraph 5(3) Tax Credits Act 2002 (c. 21) Section 65 Proceeds of Crime Act 2002 (c. 29) Section 320(3)(b) Enterprise Act 2002 (c. 40) Section 12(2)(a) and (b) Section 16 Schedule 2, paragraphs 1 and 3 Nationality, Immigration and Asylum Act 2002 (c. 41) Section 16 Section 81 Section 106 Schedule 4, paragraphs 1, 2, 6 and 7 Schedule 5, paragraphs 1, 2, 3, 4, 5, 9, 10 and 11 Finance Act 2003 (c. 14) Schedule 17, paragraphs 6 to 10 Communications Act 2003 (c. 21) Schedule 2, paragraph 4(7)(a) Courts Act 2003 (c. 39) Section 1 Section 22(1) Section 27 Section 35 Section 36 Section 37 Section 51 Section 61 Schedule 1, paragraphs 2 and 6 Schedule 5, paragraph 43 Schedule 6, paragraph 1 Schedule 7, paragraphs 2 and 12 Criminal Justice Act 2003 (c. 44) Section 168(4) Section 169 Section 170 Section 171 Section 173 B: LEGISLATION RELATING TO NORTHERN IRELAND Judicial Pensions Act (Northern Ireland) 1951 (c. 20 (N.I.)) Section 11A Section 16 Schedule 4, paragraph 3 Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) Section 1 Section 5A Section 11(3) Section 36(1) and (2) County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) Section 102(1) Section 106 (1) and (3) Section 107(1), (3) and (7) Section 116(1) Section 116A(3)(b), (4)(a) and (b), (5) and (6) Section 127A(1) Section 132 Section 132A(1), (2) and (4) Section 134 Schedule 2A, paragraphs 2(1)(a), 11(1), 12(1) and 13(a) Resident Magistrates' Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.)) Section 2(1) Section 2A(3)(b), (4)(a) and (b), (5) and (6) Section 9A(1) Section 16(1), (3) and (4) Section 21A(1), (2) and (4) Schedule 2, paragraph 3(3)(a) Schedule 3, paragraphs 2(a), 11(1), 12(1) and 13 Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) Section 9(1) Section 10(1) Section 12(1) Section 12A(2) Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) Section 1(2) Section 2A(3)(b), (4)(a) and (b), (5) and (6) Section 3(1) and (2) Registration of Deeds Act (Northern Ireland) 1970 (c. 25 (N.I.)) Section 19(3) Social Security (Northern Ireland) Act 1975 (c. 15) Schedule 10, paragraphs 6(1), 7(2), (3) and (4), 7A(3)(b), (4)(a) and (b), (5) and (6) Judicature (Northern Ireland) Act 1978 (c. 23) Section 7(4) Section 12 Section 12B Section 53(1)(f) and (2) Section 54(1), (5) and (6) Section 56(4) Section 68(3), (5) and (6) Section 70(1), (3), (5) and (6) Section 71(4) Section 72(3) Section 74(1), (3) and (5) Section 75(1), (7) and (9) Section 82(1) Section 103(3) Section 116(1) and (2) Section 117A Section 123(2) and (3) Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)) Article 33(4C) Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12) Schedule 1, Part 1 County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) Article 2(2) In Article 46(1) as amended by section 73(2) of the Justice (Northern Ireland) Act 2002, paragraphs (d), (e), (f) and (g) Article 46(4) and (5) Article 59 Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) Article 6A(3) Article 10(1) Article 13(5) Article 24(7) Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14)) Article 6(2) Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) Article 104(5) Schedule 3, paragraphs 1, 2 and 3 Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) Article 25(6)(a) and (7) Article 26(2)(a), (3)(c) and (5) Article 48(1) Article 51(1) Schedule 4, paragraphs 1, 1A, 3A(1) and 4 Judicial Pensions (Northern Ireland) Order 1991 (S.I. 1991/2631 (N.I. 24)) Article 1(2) Social Security Administration (Northern Ireland) Act 1992 (c. 8) Section 22(6) Section 56(6) Section 165(2) Section 167(1) Schedule 2, paragraph 7 Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) Article 30(1)(a) Article 31(2) Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)) Schedule 2, paragraphs 2(1)(g), 6 and 9 Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) Article 164(5) Article 181 Article 183(3) Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) Article 22(2)(a) and (b) and (4)(b) Northern Ireland Act 1998 (c. 47) Section 91(6) Schedule 11, paragraphs 2(1) and (3), 3(1) and (4), and 4 Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) Article 36(1) Article 40(1) and (2) Road Traffic (New Drivers) (Northern Ireland) Order 1998 (S.I. 1998/1074 (N.I. 7)) Article 7(8) Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) Article 6(1) Article 7(1) and (4) Article 15(12) and (13) Article 74(2) Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/ 3162 (N.I. 21)) Article 40(7)(b) Article 82(1), (3) and (6) Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) Article 40 Article 73(10) and (11) Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) Schedule 7, paragraph 20(1) and (6) Justice (Northern Ireland) Act 2002 (c. 26) Section 2(2) Section 3(2)(b) Section 5(3), (4), (5), (6) and (7) Section 9(1) and (11) Section 12(3) Section 19(4) Section 50(5) Section 51(3) Schedule 2, paragraphs 1(2) and (3), 2(3) and (4), 3, 4(1), 5(5) and (6), 6 and 7(2) and (3) Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) Schedule 2, paragraph 3(2) Justice (Northern Ireland) Act 2004 (c. 4) Schedule 3, paragraph 1(3)(a)
Section 26
A selection commission is dissolved if the Lord Chancellor notifies a selection made by the commission.
A selection commission is dissolved if— Where sub-paragraph (1) applies, the Lord Chancellor must convene a new selection commission as soon as practicable after dissolution.
A selection commission is dissolved if— Where sub-paragraph (1) applies, the Lord Chancellor must convene a new selection commission as soon as practicable after dissolution.
Section 40
any other person specified in regulations under subsection (3);
The Legal Aid (Scotland) Act 1986 is amended as follows. In section 21(1)(c) (scope and nature of criminal legal aid), for “Judicial Committee of the Privy Council” substitute “Supreme Court”. In section 25AB (legal aid in references, appeals or applications for special leave to appeal), in the sidenote and in subsection (1), for “Judicial Committee of the Privy Council” substitute “Supreme Court”. In Part 1 of Schedule 2 (courts in which civil legal aid is available), in paragraph 1 for “Judicial Committee of the Privy Council” substitute “Supreme Court”.
The Scotland Act 1998 is amended as follows.
For the words in the first column wherever they occur in any enactment substitute the words in the second column— Old reference New reference “solicitor of the Supreme Court of Northern Ireland” “solicitor of the Court of Judicature of Northern Ireland” “solicitors of the Supreme Court of Northern Ireland” “solicitors of the Court of Judicature of Northern Ireland” “solicitor of the Supreme Court of Judicature of Northern Ireland” “solicitor of the Court of Judicature of Northern Ireland” “solicitors of the Supreme Court of Judicature of Northern Ireland” “solicitors of the Court of Judicature of Northern Ireland”
The Ecclesiastical Houses of Residence Act 1842 is amended as follows. For “Supreme Court” in each place substitute “Senior Courts”. In section 12 for “the said court” in each place substitute “the said courts”.
The Defence Act 1860 is amended as follows. In sections 21 and 22 (payment to meet consequent expenses, and payment into Supreme Court on failure to deduce title) for “Supreme Court or into the Supreme Court in Northern Ireland” substitute “Senior Courts or Court of Judicature”. In section 23 (orders concerning money paid into Supreme Court)—
In the Public Offices Fees Act 1879, in section 7 (application of Act) for “Supreme Courts of Judicature,” substitute “Senior Courts, the Court of Judicature,”.
The London Building Acts (Amendment) Act 1939 is amended as follows. In section 105 (payment of surplus of proceeds into court) for “Supreme Court of Judicature” substitute “Senior Courts”. In section 116 (tribunal may state case for opinion of High Court) in subsection (6) for the words from “the court” to the end substitute “court”.
In the Northern Ireland Act 1962, in section 29 (supplemental) in subsection (1) omit the definition of “the Supreme Court”.
The Patents Act 1977 is amended as follows, In section 102A (right of audience etc) in subsection (1) for “Supreme Court” substitute “Senior Courts or (in the application of this section to Northern Ireland) of the Court of Judicature”. In subsection (2) of that section for “Supreme Court” substitute “Senior Courts or of the Court of Judicature”. In section 106 (costs and expenses in proceedings before the Court) for “the Rules of the Supreme Court or by the County Court Rules” substitute “rules of court”.
The Supreme Court Act 1981 is amended as follows. For “Supreme Court” in each place substitute “Senior Courts”. In section 14, in the side-note for “Supreme” substitute “Senior Courts”.
In the Income and Corporation Taxes Act 1988, in section 469A(2) (court common investment funds)—
for “Supreme Court of Judicature in” substitute “Senior Courts of”;
for “Supreme Court of Judicature of” substitute “Court of Judicature of”.
In the Supreme Court (Offices) Act 1997, for “Supreme Court” in each place substitute “Senior Courts”.
In the following provisions of the Criminal Justice and Court Services Act 2000 for “senior court” in each place substitute “superior court”—
section 28(2)(b) and (3)(b);
section 29(2)(b) and (3)(b);
section 29A(1)(b);
section 30(1).
The Commission is not to be regarded— The property of the Commission is not be regarded as property of, or property held on behalf of, the Crown.
The Commission may regulate its own procedure, and the procedure of its committees and sub-committees, including quorum. But the quorum of a committee or sub-committee to which the Commission’s function of making a selection under this Part of this Act has been delegated must not be less than 3. The validity of proceedings of the Commission or a committee or sub-committee is not affected by—
The Lord Chancellor may appoint a person to serve as chief executive until the first appointment under paragraph 22(1)(a) takes effect. A chief executive serving under sub-paragraph (1) may incur expenditure and do other things (including appointing staff and making arrangements for assistance under paragraph 23) in the name and on behalf of the Commission— A chief executive’s powers under sub-paragraph (2) are exercisable subject to any directions given to him by the Lord Chancellor.
Section 1(2) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc.) has effect as if the reference to an officer of the Crown other than a Minister included a reference to the Commission’s chief executive. Any administration function conferred on the chief executive under section 1(2) of that Act (in accordance with sub-paragraph (1)) may be exercised by, or by employees of, any person authorised by the chief executive. “Administration function” means a function of administering schemes— The chief executive may, under sub-paragraph (2), authorise a person to exercise administrative functions— An authorisation under sub-paragraph (2)—
The Commission must keep proper accounts and proper records in relation to them. The Commission must prepare a statement of accounts in respect of each financial year. The statement must give a true and fair view of the state of the Commission’s affairs at the end of the financial year, and of its income and expenditure and cash flows in the financial year. The statement must be in compliance with any directions given by the Lord Chancellor with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared. The Commission must send the statement to the Lord Chancellor at such time as he may direct. The Lord Chancellor must, on or before 31 August in any year, send to the Comptroller and Auditor General the statement prepared by the Commission for the financial year last ended. The Comptroller and Auditor General must examine, certify and report on the statement sent to him under sub-paragraph (6) and must lay copies of it and of his report before each House of Parliament.
In section 15 (disqualification from membership of the Parliament) in subsection (1) omit paragraph (c).
The Lord Chancellor may— The Lord Chancellor may not exercise his powers under sub-paragraph (1) later than— If there is a chief executive of the Commission the Lord Chancellor may not exercise his powers under sub-paragraph (1) without the agreement of the chief executive.
In section 32 (submission of Bills for Royal Assent)—
in subsection (2)(b) for “Judicial Committee” substitute “Supreme Court”;
in subsection (3)(a) for “Judicial Committee have” substitute “Supreme Court has”;
in subsection (4) omit the definition of “Judicial Committee”.
In the sidenote to section 33 (scrutiny of Bills by the Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In subsection (1) of that section for “Judicial Committee” substitute “Supreme Court”.
In section 34 (ECJ references), in subsection (1)(b) for “Judicial Committee” substitute “Supreme Court”.
In section 35 (power of Secretary of State to intervene in certain cases), in subsection (3)(c) for “Judicial Committee” substitute “Supreme Court”.
In section 36 (stages of Bills), in subsection (4) for “Judicial Committee decide” substitute “Supreme Court decides”.
In section 95 (appointment and removal of judges)—
for subsection (9)(b) substitute—;
“high judicial office” has the meaning given by section 60 of the Constitutional Reform Act 2005,
Omit section 103 (proceedings before the Judicial Committee).
In section 127 (index of defined expressions) omit the entry for “Judicial Committee”.
Part 2 of Schedule 6 (proceedings in Scotland on devolution issues) is amended as follows. In paragraph 7 (references to Inner House of Court of Session) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 10 (references from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 10 (references from Court of Session) for “Judicial Committee” substitute “Supreme Court”. In paragraph 11 (references from High Court of Justiciary) for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 12 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 12 (appeal from Inner House of Court of Session) for “Judicial Committee” substitute “Supreme Court”. In paragraph 13 (other appeals from superior courts)—
Part 3 of Schedule 6 (proceedings in England and Wales on devolution issues) is amended as follows. In paragraph 19 (reference in civil proceedings), in sub-paragraph (2)(a) for “House of Lords” substitute “Supreme Court”. In paragraph 21 (reference in criminal proceedings), for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 22 (references from Court of Appeal to Judicial Committee), for “Judicial Committee” substitute “Supreme Court”. In paragraph 22, for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 23 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 23—
Part 4 of Schedule 6 (proceedings in Northern Ireland on devolution issues) is amended as follows. In paragraph 28 (reference to Court of Appeal) for “House of Lords” substitute “Supreme Court”. In the heading before paragraph 30 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 30 for “Judicial Committee” substitute “Supreme Court”. In the heading before paragraph 31 (appeals from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 31—
Part 5 of Schedule 6 (devolution issues: general) is amended as follows. Omit paragraph 32 (proceedings in the House of Lords) and the heading before it. In the heading before paragraph 33 (direct references to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”. In paragraph 33 (law officer requiring court to refer devolution issue) for “Judicial Committee” substitute “Supreme Court”. In paragraph 34 (law officer referring devolution issues) for “Judicial Committee” substitute “Supreme Court”.
In Schedule 7 (procedure for subordinate legislation), in the table under paragraph 1(2) omit the entry relating to section 103(3)(a) and (b).
Section 57
Section 59
The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981. For the words “Supreme Court Act 1981” wherever they occur in any enactment substitute “Senior Courts Act 1981”.
The Supreme Court (Offices) Act 1997 (c. 69) may be cited as the Senior Courts (Offices) Act 1997. For the words “Supreme Court (Offices) Act 1997” wherever they occur in any enactment substitute “Senior Courts (Offices) Act 1997”.
The Rules of the Supreme Court (Northern Ireland) (Revision) 1980 (S.R. 1980/346) may be cited as the Rules of the Court of Judicature (Northern Ireland) (Revision) 1980. For the words “Rules of the Supreme Court (Northern Ireland) (Revision) 1980” wherever they occur in any enactment substitute “Rules of the Court of Judicature (Northern Ireland) (Revision) 1980”. The Rules of the Supreme Court (Northern Ireland) 1980 may be cited as the Rules of the Court of Judicature (Northern Ireland) 1980. For the words “Rules of the Supreme Court (Northern Ireland) 1980”wherever they occur in any enactment substitute “Rules of the Court of Judicature (Northern Ireland) 1980”.
In each of the enactments listed in sub-paragraph (3) for “Supreme Court” or “Supreme Court of Judicature” in each place substitute “Senior Courts”. This paragraph does not apply to those words— The enactments amended are— the Bills of Sale Act 1878 (c. 31), sections 10, 13 and 17 the Sheriffs Act 1887 (c. 55) the Public Trustee Act 1906 (c. 55) the Deeds of Arrangement Act 1914 (c. 47) the Law of Property Act 1922 (c. 16) the Settled Land Act 1925 (c. 18) the Trustee Act 1925 (c. 19) the Law of Property Act 1925 (c. 20) the Universities and College Estates Act 1925 (c. 24) the Registered Designs Act 1949 (c. 88) the Justices of the Peace Act 1949 (c. 101) the Mines and Quarries Act 1954 (c. 70) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 75L the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), section 75L the Naval Discipline Act 1957 (c. 53), section 47M the Public Records Act 1958 (c. 51) the Administration of Justice Act 1965 (c. 2), including any amendment to— the Defence Act 1842 (c. 94) the Lands Clauses Consolidation Act 1845 (c. 18) the Consolidated Fund (Permanent Charges Redemption) Act 1873 (c. 57) the Life Insurance Companies (Payment into Court) Act 1896 (c. 8) the Gas Act 1965 (c. 36) the Compulsory Purchase Act 1965 (c. 56) the Mines (Working Facilities and Support) Act 1966 (c. 4) the Courts Act 1971 (c. 23) the Local Government Act 1972 (c. 70) the House of Commons Disqualification Act 1975 (c. 24) the Northern Ireland Assembly Disqualification Act 1975 (c. 25) the Bail Act 1976 (c. 63) (subject to any repeal contained in the Courts Act 2003 (c. 39)) the Magistrates' Courts Act 1980 (c. 43), section 144(3)(b) and (c) the Mental Health Act 1983 (c. 20) the County Courts Act 1984 (c. 28) the Matrimonial and Family Proceedings Act 1984 (c. 42) the Companies Act 1985 (c. 6) the Public Trustee and Administration of Funds Act 1986 (c. 57) the Criminal Justice Act 1987 (c. 38), section 1(7)(b) the Legal Aid Act 1988 (c. 34) the Copyright, Designs and Patents Act 1988 (c. 48) the Road Traffic Act 1988 (c. 52) the Road Traffic Offenders Act 1988 (c. 53) the Courts and Legal Services Act 1990 (c. 41) the Judicial Pensions and Retirement Act 1993 (c. 8), section 26 and Schedules 1, 5 and 7 the Civil Procedure Act 1997 (c. 12), except paragraph 1 of Schedule 1 the Government of Wales Act 1998 (c. 38) the Human Rights Act 1998 (c. 42), section 18(4)(a) the Greater London Authority Act 1999 (c. 29) the Courts Act 2003 (c. 39), except sections 102(1)(a) and 103(8)
Section 61
the failure or other maladministration alleged by the applicant;
This paragraph applies to selection by a panel appointed under paragraph 7(2). Before selecting a person the panel must consider— Before selecting a person for appointment as the chairman or one of the other lay members, the panel must consider— The panel must select persons for appointment as lay members (including the chairman) with a view to securing, so far as practicable, that the persons so appointed include at any time at least one who appears to the panel to have special knowledge of Wales.
the Master of the Rolls;
The Commission may— If— the Lord Chancellor may direct the Commission to make to or in respect of that person a payment of such amount as the Lord Chancellor may determine.
The Lord Chancellor may by regulations provide for the employment of any relevant person to be transferred to the Commission. A relevant person is any person who, immediately before the date prescribed in regulations under sub-paragraph (1), is— But a person is not a relevant person if— Before making any regulations under this paragraph the Lord Chancellor must consult such organisations as appear to him to represent the interests of persons likely to be affected by the regulations. The Lord Chancellor may only exercise his power under sub-paragraph (1)—
The Commission must permit any person authorised by the Lord Chancellor to inspect or make copies of accounts or other documents which in the opinion of the Lord Chancellor relate to costs and expenditure of the Commission. The Commission must provide such explanation of accounts or documents inspected or copied by any person under this paragraph as that person or the Lord Chancellor may require.
The Commission must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of its functions during that year. After consulting the Lord Chief Justice, the Lord Chancellor may by direction require the Commission to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction. The Commission must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction. The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1). The Commission must publish any report once copies of it have been laid under sub-paragraph (4).
The Lord Chancellor may— If— the Lord Chancellor may make to or in respect of him a payment of such amount as the Lord Chancellor may determine.
The Ombudsman does not have power to do any of the following— Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions. Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).
The Ombudsman may delegate any functions to— But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.
The Ombudsman must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of his functions during that year. The Lord Chancellor may by direction require the Ombudsman to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction. The Ombudsman must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction. The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1). The Ombudsman must publish any report once copies of it have been laid under sub-paragraph (4).
In the Universities of Oxford and Cambridge Act 1877, in section 44 (constitution of Universities Committee of Privy Council) omit—
“the Lord Chancellor,” in the first place;
“the Lord Chancellor or”.
The Parliamentary Commissioner Act 1967 is amended as follows. In section 5 (matters subject to investigation) in subsection (6) for “Lord Chancellor’s Department” substitute “Department for Constitutional Affairs”. In Schedule 2 (departments etc. subject to investigation) in the note relating to the Department for Constitutional Affairs omit “the Lord Chancellor’s Department and”. In Schedule 3 (matters not subject to investigation) at the end insert—
The Appellate Jurisdiction Act 1887 ceases to have effect.
The Appellate Jurisdiction Act 1947 ceases to have effect.
In section 6 of the Law Commissions Act 1965 (supplemental) for the words from “has the same meaning” to “1887;” substitute “means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;”.
In the Juries Act 1974, in Group A in Part 1 of Schedule 1 (persons ineligible: the judiciary)—
in the entry relating to holders of high judicial office, for “the Appellate Jurisdiction Act 1876” substitute “Part 3 of the Constitutional Reform Act 2005”, and
Members of the Judicial Committee of the Privy Council (if not holders of high judicial office within the meaning of that Part).
In the Civil Jurisdiction and Judgments Act 1982, in section 50 (interpretation) in the definition of “court of law” for paragraph (a) substitute—.
In section 7(2) of the Justices of the Peace Act 1997 (the supplemental list)—
in paragraph (a) omit “within the meaning of the Appellate Jurisdiction Act 1876”, and
and in this subsection “high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council.
In paragraph 4(3)(b) of Schedule 3 to the Terrorism Act 2000 (the Proscribed Organisations Appeal Commission) for “the Appellate Jurisdiction Act 1876)” substitute “Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council”.
In the European Parliamentary Elections Act 2002, in section 10 (disqualification) in subsection (1) omit paragraph (b) and the “or” immediately preceding it.
“high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;
Section 62
Section 85
Office Enactment Judge Advocate of Her Majesty’s Fleet Section 28(1) of the Courts-Martial (Appeals) Act 1951 (c. 46) Judge Advocate General Section 29 of the Courts-Martial (Appeals) Act 1951 (c. 46) Common Serjeant Section 12(1) of the City of London (Courts) Act 1964 (c. iv) Circuit judge Section 16(1) of the Courts Act 1971 (c. 23) Recorder Section 21(1) of the Courts Act 1971 Non-judicial member of the Restrictive Practices Court Section 3(1) of the Restrictive Practices Court Act 1976 (c. 33) Master, Queen’s Bench Division Section 89(1) of the Supreme Court Act 1981 Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals Admiralty Registrar Master, Chancery Division Registrar in Bankruptcy of the High Court Taxing Master of the Senior Courts District judge of the principal registry of the Family Division Master of the Court of Protection Senior Master of the Queen’s Bench Division Section 89(3) of the Supreme Court Act 1981 (c. 54) (c. 54) Chief Chancery Master Chief Taxing Master Chief Bankruptcy Registrar Senior District Judge of the Family Division District judge Section 6(1) of the County Courts Act 1984 (c. 28) Chief Child Support Commissioner Section 22(1) of the Child Support Act 1991 (c. 48) Child Support Commissioner Member of the Employment Appeal Tribunal Section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17) District Judge (Magistrates' Courts) Section 10A(1) of the Justices of the Peace Act 1997 (c. 25) Senior District Judge (Chief Magistrate) Section 10A(2) of the Justices of the Peace Act 1997 Deputy Senior District Judge (Chief Magistrate) Chief Social Security Commissioner Paragraph 1(1) of Schedule 4 to the Social Security Act 1998 (c. 14) Social Security Commissioner District Judge (Magistrates' Courts) Section 22(1) of the Courts Act 2003 (c. 39) Senior District Judge (Chief Magistrate) Section 23 of the Courts Act 2003 (c. 39) Deputy Senior District Judge (Chief Magistrate)
Office Enactment Vice Judge Advocate General Section 30(1) of the Courts-Martial (Appeals) Act 1951 (c. 46) Assistant Judge Advocate General Person appointed temporarily to assist the Judge Advocate General Section 30(2) of the Courts-Martial (Appeals) Act 1951 Judge of the Courts-Martial Appeal Court Section 2(2) of the Courts-Martial (Appeals) Act 1968 (c. 20) General Commissioner for a division in England and Wales Section 2 of the Taxes Management Act 1970 (c. 9) Assistant recorder Section 24(1) of the Courts Act 1971 (c. 23) Deputy district judge in a district registry of the High Court Section 102(1) of the Supreme Court Act 1981 (c. 54) Deputy district judge for a county court district Section 8(1) of the County Courts Act 1984 (c. 28) Justice of the peace Section 5 of the Justices of the Peace Act 1997 (c. 25) Deputy District Judge (Magistrates' Courts) Section 10B(1) of the Justices of the Peace Act 1997 (c. 25) Justice of the peace who is not a District Judge (Magistrates' Courts) Section 10(1) of the Courts Act 2003 (c. 39) Deputy District Judge (Magistrates' Courts) Section 24(1) of the Courts Act 2003
Office Enactment Member of pensions appeal tribunal Paragraphs 2 and 3 of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53) Member of the Shipping Claims Tribunal Section 8(1) of the Compensation (Defence) Act 1939 (c. 75) President of the Shipping Claims Tribunal Member of panel Section 109(1)(a) of the London Building Acts (Amendment) Act 1939 (c.xcvii) Deputy member of panel Section 109(1)(h) of the London Building Acts (Amendment) Act 1939 Member of a Pensions Appeal Tribunal Paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) President of Pensions Appeal Tribunals Paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) Deputy President of Pensions Appeal Tribunals Member of panel of persons to act as arbitrators Section 61(1) of the Coal Industry Nationalisation Act 1946 (c. 59) Chairman of panel of persons to act as arbitrators Deputy chairman of panel of persons to act as arbitrators Chairman of an Agricultural Land Tribunal Paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (c. 48) Member of panel of deputy-chairmen of Agricultural Land Tribunal Paragraph 14(1) of Schedule 9 to the Agriculture Act 1947 Member of panel Paragraph 15(1) of Schedule 9 to the Agriculture Act 1947 (c. 48) President of the Lands Tribunal Section 2(1) of the Lands Tribunal Act 1949 (c. 42) Member of the Lands Tribunal First of the three arbitration committee members Section 7(6) of the National Health Service (Amendment) Act 1949 (c. 93) Arbitrator Section 18(3) of the National Parks and Access to the Countryside Act 1949 (c. 97) Chairman of the Foreign Compensation Commission Section 1(1) of the Foreign Compensation Act 1950 (c. 12) Arbitrator Paragraph 3(4) of Schedule 6 to the Transport Act 1962 (c. 46) Chairman of a Levy Appeal Tribunal Section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) Commons Commissioner Section 17(1) of the Commons Registration Act 1965 (c. 64) Chief Commons Commissioner Substitute Chief Commons Commissioner Section 17(3) of the Commons Registration Act 1965 Arbitrator Section 15A(3) of the Countryside Act 1968 (c. 41) Arbitrator Paragraph 13(3) of Schedule 4 to the Transport Act 1968 (c. 73) Arbitrator Paragraph 10(3) of Schedule 4 to the Transport Act 1968 as set out in Schedule 2 to the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985 (S.I. 1985/1903) Arbitrator Paragraph 10(3) of Schedule 4 to the Transport Act 1968 as set out in Schedule 2 to the Airports Act 1986 (Modifications in Schedule 4 to the Transport Act 1968) Order 1986 (S.I. 1986/1801) Special Commissioner Section 4(1) of the Taxes Management Act 1970 (c. 9) Presiding Special Commissioner Deputy Special Commissioner Section 4A(1) of the Taxes Management Act 1970 Chairman of a tribunal Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) President of tribunal established by the Secretary of State Paragraph 4(a) of Schedule 3 to the Industry Act 1975 (c. 68) President of the Aircraft and Shipbuilding Industries Arbitration Tribunal Section 42(3)(a) of the Aircraft and Shipbuilding Industries Act 1977 (c. 3) Member of panel Paragraph 2(a) of Schedule 10 to the Rent Act 1977 (c. 42) President of the Family Health Services Appeal Authority Paragraph 1 of Schedule 9A to the National Health Service Act 1977 (c. 49) Deputy President of the Family Health Services Appeal Authority Member of the Family Health Services Appeal Authority Arbitrator Paragraph 12(3) of Schedule 2 to the British Telecommunications Act 1981 (c. 38) Arbitrator Section 28N(3) of the Wildlife and Countryside Act 1981 (c. 69) Arbitrator Section 66(4)(a) of the Transport Act 1982 (c. 49) Member of the Mental Health Review Tribunal Paragraph 1 of Schedule 2 to the Mental Health Act 1983 (c. 20) Chairman of the Mental Health Review Tribunal Paragraph 3 of Schedule 2 to the Mental Health Act 1983 Arbitrator Paragraph 2(5) of Schedule 1 to the Ordnance Factories and Military Services Act 1984 (c. 59) Member of panel Paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) President of the Transport Tribunal Paragraph 2(1)(a) of Schedule 4 to the Transport Act 1985 (c. 67) Chairman of the Transport Tribunal Member of Insolvency Practitioners Tribunal panel Paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (c. 45) Member of panel constituted for the purposes of Schedule 11 Paragraph 1(5) of Schedule 11 to the Agricultural Holdings Act 1986 (c. 5) Chairman of section 706 tribunal Section 706(1) of the Income and Corporation Taxes Act 1988 (c. 1) Member of section 706 tribunal Arbitrator Paragraph 9(4) of Schedule 10 to the Education Reform Act 1988 (c. 40) Chairman of the Copyright Tribunal Section 145(2) of the Copyright, Designs and Patents Act 1988 (c. 48) Deputy chairman of the Copyright Tribunal Arbitrator Paragraph 9(2)(a) of Schedule 10 to the Electricity Act 1989 (c. 29) Arbitrator Schedule 9, paragraph 5(5)(a), of the Broadcasting Act 1990 (c. 42) Deputy Child Support Commissioner Paragraph 4(1) of Schedule 4 to the Child Support Act 1991 (c. 48) Arbitrator Paragraph 11(5) of Schedule 2 to the Ports Act 1991 (c. 52) Member of panel Section 31(1) of the Land Drainage Act 1991 (c. 59) Arbitrator Paragraph 7(4) of Schedule 5 to the Further and Higher Education Act 1992 (c. 13) Member of panel Section 6(1) of the Tribunals and Inquiries Act 1992 (c. 53) Member of tribunal for the purposes of section 150 of the Mines and Quarries Act 1954 (c. 70) Section 6(5) of the Tribunals and Inquiries Act 1992 Chairman of tribunal for the purposes of section 150 of the Mines and Quarries Act 1954 Arbitrator Paragraph 8(6)(a) of Schedule 2 to the Coal Industry Act 1994 (c. 21) President of VAT tribunals Paragraph 2(2) of Schedule 12 to the Value Added Tax Act 1994 (c. 23) Member of panel of chairmen Paragraph 7(3)(a) of Schedule 12 to the Value Added Tax Act 1994 Persons appointed to hear and determine appeals Section 77(1) of the Trade Marks Act 1994 (c. 26) Arbitrator Regulation 32(3)(a) of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) Wreck commissioner Section 297(1) of the Merchant Shipping Act 1995 (c. 21) Arbitrator Paragraph 10(6)(a) of Schedule 1 to the Atomic Energy Authority Act 1995 (c. 37) Person nominated for the purpose of Schedule 6 to the Police Act 1996 Paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16) Arbitrator Paragraph 8(6)(a) of Schedule 5 to the Broadcasting Act 1996 (c. 55) Chairman of a tribunal Schedule 2, paragraph 1(1)(a), to the School Inspections Act 1996 (c. 57) President of the Special Educational Needs and Disability Tribunal Section 333 of the Education Act 1996 (c. 56) Member of the chairmen’s panel of the Special Educational Needs and Disability Tribunal Member of panel of chairmen for England and Wales Paragraph 6(2)(a) of the Schedule to the Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678) Chairman of the Plant Varieties and Seeds Tribunal Paragraph 2(1) of Schedule 3 to the Plant Varieties Act 1997 (c. 66) Member of Special Immigration Appeals Commission Paragraph 1(1) of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (c. 68) Chairman of Special Immigration Appeals Commission Paragraph 2 of Schedule 1 to the Special Immigration Appeals Commission Act 1997 President of appeal tribunals Section 5(1) of the Social Security Act 1998 (c. 14) Member of panel of persons to act as members of appeal tribunals Section 6(2) of the Social Security Act 1998 Social Security Commissioner (deputy) Paragraph 1(2) of Schedule 4 to the Social Security Act 1998 Chairman of the Information Tribunal Section 6(4) of the Data Protection Act 1998 (c. 29) Deputy chairman of the Information Tribunal President of the Tribunal Paragraph 2(1) of the Schedule to the Protection of Children Act 1999 (c. 14) Member of the chairman’s panel of the Tribunal Member of the lay panel of the Tribunal Paragraph 2(3) of the Schedule to the Protection of Children Act 1999 (c. 14) Member of appeal panel Section 189(6) of the Greater London Authority Act 1999 (c. 29) Member of the Immigration Services Tribunal Paragraph 1(2) of Schedule 7 to the Immigration and Asylum Act 1999 (c. 33) President of the Immigration Services Tribunal Paragraph 2 of Schedule 7 to the Immigration and Asylum Act 1999 President of the Financial Services and Markets Tribunal Paragraph 2(1) of Schedule 13 to the Financial Services and Markets Act 2000 (c. 8) Deputy President of the Financial Services and Markets Tribunal Paragraph 2(3) of Schedule 13 to the Financial Services and Markets Act 2000 Member of panel of chairmen of the Financial Services and Markets Tribunal Paragraph 3(1) of Schedule 13 to the Financial Services and Markets Act 2000 Member of lay panel of the Financial Services and Markets Tribunal Paragraph 3(4) of Schedule 13 to the Financial Services and Markets Act 2000 Member of the Proscribed Organisations Appeal Commission Paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11) Chairman of the Proscribed Organisations Appeal Commission Paragraph 1(2) of Schedule 3 to the Terrorism Act 2000 Member of the Adjudication Panel for England Section 75(3) of the Local Government Act 2000 (c. 22) President of the Adjudication Panel for England Section 75(4) of the Local Government Act 2000 Deputy President of the Adjudication Panel for England Member of the panel of tribunal chairmen Regulation 7(1)(a) of the Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124) Senior tribunal chairman Regulation 7(1)(b) of the Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124) Member of the Pathogens Access Appeal Commission Paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) Chairman of the Pathogens Access Appeal Commission Paragraph 1(2) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 President of the Employment Tribunals (England and Wales) Regulation 3(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (S.I. 2001/ 1171) Member of panel Regulation 5(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 Regional Chairman Regulation 8(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 Road user charging adjudicator Regulation 3(1) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (S.I. 2001/2313) Adjudicator to Her Majesty’s Land Registry Section 107(1) of the Land Registration Act 2002 (c. 9) President of the Competition Appeal Tribunal Section 12(2)(a) of the Enterprise Act 2002 (c. 40) Member of panel of chairmen of the Competition Appeal Tribunal Section 12(2)(b) of the Enterprise Act 2002 Acting President of Competition Appeal Tribunal Paragraph 3 of Schedule 2 to the Enterprise Act 2002 Member of panel of assessors to assist Special Commissioners Section 320(3)(b) of the Proceeds of Crime Act 2002 (c. 29) Adjudicator Section 81(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) Chief Adjudicator Section 81(3) of the Nationality, Immigration and Asylum Act 2002 Deputy Chief Adjudicator Regional Adjudicator Deputy Regional Adjudicator Member of the Immigration Appeal Tribunal Paragraph 1 of Schedule 5 to the Nationality, Immigration and Asylum Act 2002 Deputy President of the Immigration Appeal Tribunal Paragraph 4(1) of Schedule 5 to the Nationality, Immigration and Asylum Act 2002 Arbitrator Paragraph 4(7)(a) of Schedule 2 to the Communications Act 2003 (c. 21)
Section 124 After Schedule 3 to the Justice (Northern Ireland) Act 2002 (c. 26) insert—
Section 138
Section 145
Section 146
Reference Extent of repeal or revocation Courts-Martial (Appeals) Act 1968 (c. 20) Section 49(3) and (4). Supreme Court Act 1981 (c. 54) Section 127(3). Section 136(3). County Courts Act 1984 (c. 28) Section 38(4)(c). Matrimonial and Family Proceedings Act 1984 (c. 42) In the second paragraph of section 40(2)— in paragraph (a) “by the Lord Chancellor”; in paragraph (b) “by the President of the Family Division with the concurrence of the Lord Chancellor”. Coroners Act 1988 (c. 13) Section 32(4).
Reference Extent of repeal or revocation Habeas Corpus Act 1679 (c. 2) In section 1 “the lord chauncelior or lord keeper of the great seale of England for the time being or”. In section 2— “the lord chauncellour or lord keeper or” in each place; “lord chauncellor lord keeper”; “the said lord chauncellor or lord keeper or” in the first and second places; “lord chauncellor or lord keeper or” in the last place. In section 9 “the said lord chauncellor or lord keeper or”. Pluralities Act 1838 (c. 106) In section 126 “or persons”. In section 128 “or persons” in the second place. Ecclesiastical Leasing Act 1842 (c. 108) In section 22 “or persons”. British Law Ascertainment Act 1859 (c. 63) In section 5 “the Lord Chancellor,”. Compensation (Defence) Act 1939 (c. 75) Section 9(1)(a). Section 18(2). Pensions Appeal Tribunals Act 1943 (c. 39) Section 13. Section 14. Agriculture Act 1947 (c. 48) In section 108(1) “by the Minister” in the second place. Lands Tribunal Act 1949 (c. 42) In section 2(9)(a) “to the Lord President of the Court of Session or, in subsections (5) to (7),”. Land Powers (Defence) Act 1958 (c. 30) In Schedule 2, paragraphs 10 and 11. Mental Health Act 1959 (c. 72) In section 145 “or the Lord Chancellor”. Administration of Justice Act 1960 (c. 65) In section 14(2) “; and no such application shall in any case be made to the Lord Chancellor”. Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2 in the note relating to the Department for Constitutional Affairs “the Lord Chancellor’s Department and”. Transport Act 1962 (c. 46) In Schedule 11, paragraph 10. Courts Act 1971 (c. 23) In section 24(1)— “, he may”; in paragraph (a) “or” in the last place where it occurs. In Schedule 10, paragraphs 3 and 4. Land Charges Act 1972 (c. 61) In section 16(2) “of the Lord Chancellor, with the concurrence of the Secretary of State,”. Hearing Aid Council Act 1968 (c. 50) In section 13 “on the Lord Chancellor”. Rent (Agriculture) Act 1976 (c. 80) Section 26(5). Rent Act 1977 (c. 42) Section 142. Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) In section 2(3), the second paragraph. Housing Act 1980 (c. 51) Section 86(4) to (6). Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082) Article 10(b) and (c). Article 11(b) and (c). Judicial Pensions Act 1981 (c. 20) In section 1 in the entry beginning “Judge of the Supreme Court” in the first column of the table “, other than the Lord Chancellor”. Supreme Court Act 1981 (c. 54) Section 1(2). In section 2— subsection (2)(a); in subsection (6) “Lord Chancellor,”. In section 4— subsection (1)(a); in subsection (6) “Lord Chancellor,”. In section 7 “the Lord Chancellor,”. In section 9(2) the words after the definition of “relevant court”. In section 11(1) “except the Lord Chancellor”. In section 12(1) “, other than the Lord Chancellor,”. In section 44(2), “the Lord Chancellor,”. Section 84(8). In section 91(1)(a) “or III”. Mental Health Act 1983 (c. 20) In section 94(1) “by the Lord Chancellor or”. In section 96(3) “the Lord Chancellor or”. In section 104(3) “the Lord Chancellor or” in both places. In section 105(2) “from any decision of the Lord Chancellor or”. In section 111— in subsection (1) “by the Lord Chancellor or”; in subsection (2) “the Lord Chancellor or”; in subsection (4)(a) “the Lord Chancellor or”; in subsection (4)(b) “the Lord Chancellor,”. In Schedule 2, in paragraph 1(b) and (c) “after consultation with the Secretary of State”. Pastoral Measure 1983 (1983 No. 1) In section 81(2)— in paragraph (a) the words from “, or a” to “books” and “last-mentioned”; paragraph (b). County Courts Act 1984 (c. 28) Section 74A. Matrimonial and Family Proceedings Act 1984 (c. 42) Section 40(5). Housing Act 1985 (c. 68) Section 111. Section 181(4) and (5). Section 572(4) to (6). Coroners Act 1988 (c. 13) In section 33(2)(a) “the Lord Chancellor or”. Finance Act 1988 (c. 39) Section 134(4). Courts and Legal Services Act 1990 (c. 41) Section 11(10). Child Support Act 1991 (c. 48) In section 52(1) “the Lord Chancellor,”. Tribunals and Inquiries Act 1992 (c. 53) Section 6(9). In section 7(1) “, other than the Lord Chancellor,”. Judicial Pensions and Retirement Act 1993 (c. 8) In section 26(7)— in paragraph (a) “, unless he is the Lord Chancellor”; in paragraph (b) “, unless he is the Lord Chancellor”. In Schedule 5, in the second entry “, other than the Lord Chancellor”. Employment Tribunals Act 1996 (c. 17) In section 22(1)(a) “(other than the Lord Chancellor)”. Housing Act 1996 (c. 52) Section 138(4) to (6). Section 143N(5) to (7). Civil Procedure Act 1997 (c. 12) In section 1(3) “or alter”. In section 3(6) “Subject to subsection (7),”. Section 3(7). Justices of the Peace Act 1997 (c. 25) In section 24(5) “by the Lord Chancellor”. Terrorism Act 2000 (c. 11) In section 74— in paragraph (a) from “the Lord Chancellor” to “directs that”; in paragraph (b) “the Lord Chief Justice of Northern Ireland directs that”. Criminal Justice and Court Services Act 2000 (c. 43) In section 76(1) “the Lord Chancellor or”. In section 77(1) “The Lord Chancellor or”. Enterprise Act 2002 (c. 40) In section 268(7) “made with the concurrence of the Lord Chancellor”. Nationality, Immigration and Asylum Act 2002 (c. 41) In section 16(3)(a) “of the Lord Chancellor”. Criminal Justice Act 2003 (c. 44) In section 330(1)(b) “on the Lord Chancellor”. Courts Act 2003 (c. 39) In section 64— in subsection (2) “Vice-Chancellor”; subsection (4)(a). In section 69(4) “or alter”. In section 72(6), “Subject to subsection (7),”. Section 72(7). In section 75(5) “or alter”. Section 77(4). In section 79(6), “Subject to subsection (7),”. Section 79(7). Section 107(6), “by the Lord Chancellor”. Section 168(2). Armed Forces (Pensions and Compensation) Act 2004 (c. 32) In Schedule 1, paragraphs 8 and 9.
Reference Extent of repeal or revocation Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) In section 36(1)— in paragraph (a) “made after consultation with the Treasury,”; in paragraph (b) “made after consultation with the Lord Chief Justice”. County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) In section 105(4) “Lord Chancellor's”. In section 107(4) “Lord Chancellor's”. Resident Magistrates' Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.)) In section 1 “Lord Chancellor's”. Section 11. Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) In section 2(1)(b) “Lord Chancellor's”. Judicature (Northern Ireland) Act 1978 (c. 23) In section 71(3) “Lord Chancellor's”. Section 104. In section 119(5) “on the Lord Chancellor”. In Schedule 6, paragraphs 6(a), 11(3), 14 and 17. Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)) In Article 48(1) the words after paragraph (b). County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) In Article 2(5) “on the Lord Chancellor”. Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) In Article 13(1) the words from “or as” to “Article 14”. Article 14. In Article 37(5) “Without prejudice to Article 14,”. In Article 168 “on the Lord Chancellor”. Pensions Appeal Tribunals (Northern Ireland) Rules 1981 (S.R. 1981/231) In Rule 2(1)— in the definition of “the Deputy President”, “by the Lord Chief Justice of Northern Ireland”; in the definition of “the President”, “by the Lord Chief Justice of Northern Ireland”. Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001) Rule 17(a). Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) In Schedule 3, in paragraph 1(b) and (c) “after consultation with the Head of the Department”. In Schedule 6, paragraph 19. Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269) In the Schedule, in rule 6 (appointment of tribunal)— in paragraph (3)(a) omit “but”; omit paragraph (3)(b). Justice (Northern Ireland) Act 2002 (c. 26) Section 12(2) and (3). In Schedule 3, paragraph 33. Schedule 5. In Schedule 13— the entry relating to section 119(5) of the Judicature (Northern Ireland) Act 1978; the entry relating to the County Courts (Northern Ireland) Order 1980; the entry relating to Article 168 of the Magistrates' Courts (Northern Ireland) Order 1981. Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) In Schedule 2, paragraph 3(3). In Schedule 4, the amendment of Schedule 6 to the Justice (Northern Ireland) Act 2002.”
Reference Extent of repeal or revocation Fines Act 1833 (c. 99) The whole Act. Promissory Oaths Act 1868 (c. 72) In the Schedule in Part 2 “The Lord Chancellor of Great Britain”. Universities of Oxford and Cambridge Act 1877 (c. 48) In section 44— “the Lord Chancellor,” in the first place; “the Lord Chancellor or”. Sheriffs Act 1887 (c. 55) In section 6(1) “the Lord Chancellor,”. Administration of Justice Act 1964 (c. 42) Section 37(2). Patronage (Benefices) Measure 1986 (1986 No. 3) Section 36. Priests (Ordination of Women) Measure 1993 (1993 No. 2) Section 2(4)(c). In section 7(1) the words from “and to” to “Lord Chancellor”.
Reference Extent of repeal or revocation Appellate Jurisdiction Act 1876 (c. 59) The whole Act. Appellate Jurisdiction Act 1887 (c. 70) The whole Act. Railway and Canal Traffic Act 1888 (c. 25) Section 17(5). Supreme Court of Judicature Act 1891 (c. 53) The whole Act. Commissioners for Oaths Act 1889 (c. 10) In section 11 the definition of “Supreme Court”. Notice of Accidents Act 1894 (c. 28) Section 8. Administration of Justice (Appeals) Act 1934 (c. 40) Section 1. Appellate Jurisdiction Act 1947 (c. 11) The whole Act. Life Peerages Act 1958 (c. 21) In section 1(1), “Without prejudice to Her Majesty’s powers as to the appointment of Lords of Appeal in Ordinary,”. Administration of Justice Act 1960 (c. 65) Section 1(3). Northern Ireland Act 1962 (c. 30) In section 29(1) the definition of “the Supreme Court”. Administration of Justice Act 1968 (c. 5) The whole Act. Criminal Appeal Act 1968 (c. 19) Section 35(1) and (2). Courts-Martial (Appeals) Act 1968 (c. 20) Section 41(1) and (2). Administration of Justice Act 1969 (c. 58) Section 13(4) Section 14. Taxes Management Act 1970(c. 9) Section 56(8)(a). Section 56A(7). Administration of Justice Act 1973 (c. 15) Section 9(1)(a). In section 12, in subsection (1) “as Lord of Appeal in Ordinary, or” and subsection (2). Judicature (Northern Ireland) Act 1978 (c. 23) Section 41(3). Section 42(3) to (5). In Schedule 5, in Part 2 the entry relating to the Appellate Jurisdiction Act 1876. Criminal Appeal (Northern Ireland) Act 1980 (c. 47) Section 33(1) and (2). Contempt of Court Act 1981 (c. 49) In section 19, in the definition of “superior court”, the words from “and includes” to the end. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) In Part 1 of Schedule 1, paragraph 1(b). Justices of the Peace Act 1997 (c. 25) In section 7(2)(a) “within the meaning of the Appellate Jurisdiction Act 1876”. Government of Wales Act 1998 (c. 38) In Schedule 8— paragraph 1(2)(a); paragraph 29 and the heading before it; paragraphs 32 to 34 and the heading before paragraph 32. Human Rights Act 1998 (c. 42) Section 6(4). Scotland Act 1998 (c. 46) Section 15(1)(c). In section 32(4), the definition of “Judicial Committee”. Section 103. In section 127, the entry for “Judicial Committee”. In Schedule 6, paragraph 32 and the heading before it. In Schedule 7, in the table under paragraph 1(2), the entry relating to section 103(3)(a) and (b). Northern Ireland Act 1998 (c. 47) In section 36(6)(a) “(other than a Lord of Appeal in Ordinary)”. Section 82. In section 98(1), the entry for “Judicial Committee”. In Schedule 10, paragraph 32 and the heading before it. Access to Justice Act 1999 (c. 22) In Schedule 2, paragraph 2(1)(b). Freedom of Information Act 2000 (c. 36) In Part 7 of Schedule 1, “The Northern Ireland Supreme Court Rules Committee.” European Parliamentary Elections Act 2002 (c. 24) In section 10(1), paragraph (b) and the “or” immediately preceding it. Justice (Northern Ireland) Act 2002 (c. 26) Section 18(1). Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) In Schedule 2, paragraph 2(a)(ii).
Reference Extent of repeal or revocation Court of Chancery Act 1851 (c. 83) In section 16, the words from “, exclusive of” to the end. Oxford University Act 1862 (c. 26) In section 7, “, not including the Lord President,”. Public Schools Act 1868 (c. 118) In section 9, “, not including the Lord President,”. Judicial Committee Act 1881 (c. 3) The whole Act. Judicial Committee Act 1915 (c. 92) In section 1, “and the Lord President of the Council”.
In section 142 (supplementary and consequential provision), in subsection (4) for “this Act or” substitute “this Act, any power to make rules under section 141 or any power”.
Section 2 (judges of the Court) is amended as follows. In subsections (1)(a) and (3) for “Lord Chancellor” substitute “Lord Chief Justice of England and Wales”. After subsection (4) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
After section 40 insert— The enactment referred to in this paragraph, for the purposes of paragraph 361(3), is section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42), and in relation to that enactment the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003 (c. 39).
Section 4 (petty sessions areas) is amended as follows. In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument”. After subsection (3) insert—
In Article 60 (representation of child and his interests in certain proceedings), in paragraph (8) for “Lord Chancellor” substitute “Lord Chief Justice”.
Section 91 (the National Security Certificates Tribunal) is amended as follows. In subsection (2), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”. After subsection (2) insert—
Section 3 (non-judicial members) is amended as follows. After subsection (3) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
In section 5 (appointment and removal of justices of the peace), in subsection (1) for “in like manner” substitute “by the Lord Chancellor with the concurrence of the Lord Chief Justice”.
In Article 166 (appeals), in paragraph (14) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
Section 92 (appeals from the Tribunal) is amended as follows. In subsection (3) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice of Northern Ireland,”. After subsection (3) insert—
Section 4 (provision for additional judges or members) is amended as follows. In subsection (1), in paragraph (a) after “consultation with” insert “the Lord Chief Justice of England and Wales,”. After subsection (2) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
Section 6 (residence qualification) is amended as follows. In subsection (3) for “Lord Chancellor is” substitute “Lord Chancellor and the Lord Chief Justice are both”. After subsection (4) insert—
In Article 169 (evidence given by, or with respect to, children), in paragraph (5) after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”.
In Schedule 11 (tribunal established under section 91 of the Act), paragraph 5 (times and places of sittings in accordance with directions) is amended as follows. That paragraph becomes sub-paragraph (1) of paragraph 5. In that sub-paragraph, for “Lord Chancellor” substitute “Lord Chief Justice”. The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph—
Section 6 (administration) is amended as follows. In subsection (5) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice of England and Wales,”. After subsection (6) insert— In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
In section 7 (supplemental list for England and Wales), in subsection (4)—
after “Lord Chancellor may” insert “, with the concurrence of the Lord Chief Justice,”;
for “Lord Chancellor is” substitute “Lord Chancellor and the Lord Chief Justice are both”.
In Article 170 (privacy for children involved in certain proceedings), in paragraph (5) after “requires it” insert “and if the Lord Chief Justice agrees”.
In section 9 (procedure), in subsection (1) for “Lord Chancellor” substitute “president of the Court with the concurrence of the Lord Chancellor”. In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
In section 8 (removal of name from supplemental list), in subsection (1) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
After Article 181 insert—
Section 9 (effect of entry of name in supplemental list) is amended as follows. In subsection (3) for “by the Lord Chancellor” substitute “by the Lord Chief Justice”. After subsection (4) insert—
In paragraph 6 of Schedule 1 (financial provision for children: provisions relating to lump sums), in sub-paragraph (2) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”.
In section 10A (appointment and tenure), in subsection (3) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
Schedule 7 (commencement of proceedings) is amended as follows. In paragraph 1 (commencement of certain proceedings in particular court), in sub-paragraphs (1), (2) and (4) after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. In paragraph 2 (transfer of proceedings)— In paragraph 3 (emergency protection orders), after “Lord Chancellor may” insert “, after consultation with the Lord Chief Justice,”. In paragraph 4 (general)—
In section 10B (deputies), in subsection (2) after “Lord Chancellor” insert “, with the concurrence of the Lord Chief Justice,”.
Section 10C (status) is amended as follows. In subsection (3) for “given by the Lord Chancellor from time to time” substitute “given by the Lord Chief Justice from time to time after consulting the Lord Chancellor”. After subsection (4) insert—
Section 24 (rules as to chairmanship and size of bench) is amended as follows. In subsection (5) omit “by the Lord Chancellor”. After subsection (5) insert—
In section 25 (records of justices of the peace) after subsection (4) insert—
Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows. In subsection (2)— In subsection (3)— After subsection (3) insert—
Section 27A (magistrates' courts committees) is amended as follows. In subsection (2) for “by the Lord Chancellor by order made by statutory instrument” substitute “by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument”. After subsection (3) insert—
Section 27B (alteration of committee areas) is amended as follows. In subsection (4) before paragraph (a) insert—. After subsection (10) insert—
Section 33 (alteration of petty sessions areas) is amended as follows. In subsection (2) after “Lord Chancellor” in the first place insert “after he has consulted the Lord Chief Justice”. In subsection (3)— After subsection (3) insert— In subsection (4) after “appear to the Lord Chancellor” insert “, after consulting the Lord Chief Justice,”. After subsection (5) insert—
Section 53A (costs in legal proceedings) is amended as follows. In subsection (4) after “Lord Chancellor may” insert “, after consulting the Lord Chief Justice,”. After subsection (6) insert—
Section 54 (indemnification of justices and justices' clerks) is amended as follows. In subsection (6) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”. After subsection (9) insert—
Section 64 (training courses) is amended as follows. In subsection (1) for “by the Lord Chancellor” substitute “by the Lord Chief Justice after consulting the Lord Chancellor”. After subsection (3) insert—
The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as follows.
After section 5 of the 2002 Act insert—
The italic cross-heading before section 9 of the 2002 Act is omitted.
After that section insert—
Schedule 15 inserts Schedule 3A to the 2002 Act.
After section 9A of the 2002 Act insert—
After section 9B of the 2002 Act insert—
After section 9C of the 2002 Act insert—
After section 9D of the 2002 Act insert—
After section 9E of the 2002 Act insert—
After section 9F of the 2002 Act insert—
After section 9G of the 2002 Act insert—
After section 9H of the 2002 Act insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person holding a listed judicial office other than as a judge of the High Court may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.
The power to remove or suspend him is exercisable by the Lord Chancellor.
He may only be removed if a tribunal convened under section 135 has reported to the Lord Chancellor recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.
He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Lord Chancellor that he be suspended.
He may not be removed or suspended except after consultation with the Lord Chief Justice.
If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A tribunal to consider the removal of the Lord Chief Justice may be convened by the Lord Chancellor.
A tribunal to consider the removal of the holder of any other protected judicial office may be convened—
by the Lord Chancellor, after consulting the Lord Chief Justice, or
by the Lord Chief Justice, after consulting the Lord Chancellor.
A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.
A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—
a person who holds high judicial office within the meaning of Part 3 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—
a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,
a person who holds the office of judge of the High Court, and
a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4)or (5).
The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor, after consultation with—
the Lord Chief Justice (unless the tribunal is to consider his removal from office),
the President of the Supreme Court of the United Kingdom,
the Lord Chief Justice of England and Wales, and
the Lord President of the Court of Session.
The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.
The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the Lord Chancellor.
The procedure of a tribunal is to be determined by the Lord Chief Justice except where— and in such a case its procedure is to be determined by its chairman.
the office of Lord Chief Justice is vacant,
he is not available, or
the tribunal is to consider his removal from office;
The Lord Chancellor may pay to a member of a tribunal any such allowances or fees as he may determine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Lord Chief Justice of Northern Ireland;
The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor. A person must not be appointed as the Ombudsman if he is employed in the civil service of the State or if he has ever been any of these— Before recommending a person for appointment as the Ombudsman the Lord Chancellor must consider— The service referred to in sub-paragraph (3)(b) is service as any of these—
The Lord Chancellor may appoint a person to exercise the functions of the Ombudsman if— But a person may be appointed under this paragraph only if he is eligible under paragraph 1(2) to be appointed as Ombudsman. The Lord Chancellor may— A person appointed under this paragraph is to exercise the functions of the Ombudsman in accordance with the terms of his appointment. The Lord Chancellor may end an appointment under this paragraph at any time. Otherwise any appointment of a person under this paragraph ends on the earliest of— The relevant date is—
The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him. Arrangements may include the paying of fees to such persons. No arrangements may be made under this paragraph unless approved by the Lord Chancellor.
Expenditure incurred by the Ombudsman in the discharge of his functions is to be met by the Lord Chancellor. The Lord Chancellor may by direction require the Ombudsman— A direction under sub-paragraph (2) may relate to all of the Ombudsman’s costs and expenditure, or to costs and expenditure of a specified description.
A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.
The Judicial Committee Act 1833 is amended as follows.
In section 7 of the Oxford University Act 1862 (approbation of statutes by Her Majesty in Council etc) omit “, not including the Lord President,”.
In section 1 of the Judicial Committee Act 1915 (power of Judicial Committee to sit in more than one division) omit “and the Lord President of the Council”.
In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3). A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is— A solicitor of the Senior Courts, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—
For section 1 substitute—
For section 18 substitute—
In section 19 (attendance of witnesses etc) for “the president for the time being of the said privy council” substitute “the Judicial Committee of the Privy Council”.
In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”
In Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”
A member of the House of Lords is, while he holds any disqualifying judicial office, disqualified for sitting or voting in—
the House of Lords,
a committee of that House, or
a joint committee of both Houses.
In subsection (3) “disqualifying judicial office” means any of the judicial offices specified in—
Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975, or
Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
A member of the House of Lords who is disqualified under subsection (3) is not for that reason disqualified for receiving a writ of summons to attend that House, but any such writ is subject to that subsection.
Schedule 16 contains amendments about the Judicial Committee of the Privy Council.
Each of the Lord Chancellor and the Lord Chief Justice of England and Wales must take such steps as that office-holder considers appropriate for the purpose of encouraging judicial diversity.
A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
These are the relevant provisions—
sections 26 and 27 and regulations under section 27A;
Part 4;
regulations and rules under Part 4.
Information is confidential if it relates to an identified or identifiable individual (a “subject”).
Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;
the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;
the disclosure is for (and is necessary for) the exercise of powers to which section 108 applies, or a decision whether to exercise them;
the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
An opinion or other information given by one identified or identifiable individual (A) about another (B)—
is information that relates to both;
must not be disclosed to B without A's consent.
This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
But it is actionable only at the suit of a person who is a subject of the information.
In this Act “enactment” includes— and any reference to an enactment includes a reference to an enactment whenever passed or made.
an enactment contained in this Act;
an enactment contained in a local, personal or private Act;
except in sections 19 and 143, an enactment contained in subordinate legislation;
In section 22 “enactment” also includes an enactment contained in, or in an instrument made under, Northern Ireland legislation.
In Part 3 “enactment” also includes—
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
In sections 19, 21 and 143 and in paragraph 3 of Schedule 7 “enactment” also includes—
an enactment contained in Northern Ireland legislation;
an enactment contained in a Measure of the Church Assembly or of the General Synod of the Church of England.
In this Act “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
In sections 19 and 143 “subordinate legislation” also includes an enactment contained in an instrument made under Northern Ireland legislation.
In this Act—
The Lord Chancellor may by order make— which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
An order under this section may in particular—
provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order;
amend or repeal any of the following—
an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
any other instrument or document, including a prerogative instrument;
amend or repeal an enactment or subordinate legislation, whenever passed or made, in consequence of section 59.
The amendments that may be made by virtue of subsection (2)(b) are in addition to those made by or under any other provision of this Act.
In this section “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.
Any power of a Minister of the Crown to make an order or regulations under this Act is exercisable by statutory instrument, except where subsection (2) applies.
Any power of the Lord Chancellor to make an order under section 19(1) or 143 amending an enactment contained in, or in an instrument made under, Northern Ireland legislation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Regulations under section 115, 120(5) or 121(5) are to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the regulations were made by a Minister of the Crown.
A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Subsection (4) applies to a statutory instrument which contains any of the following—
an order under section 85(3)(a) or (b) which amends Part 1 of Schedule 14;
regulations under section 27A;
an order under section 19(1) which amends a public general Act, except where the only such amendment is the inclusion in Schedule 7 of a function of the Lord Chancellor;
an order under section 19(1) which amends subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, except where the only such amendment consists of provision that falls within subsection (2)(b) of section 19;
an order under section 85(5);
an order under section 143 which amends a public general Act;
regulations under section 94 or 94C;
regulations under Part 1 of Schedule 12.
In any other case a statutory instrument containing an order or regulations under this Act, unless it contains only an order under section 27B(5), 66(5) or 148, is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory rule made under a power to which subsection (2) applies is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 17 (minor and consequential amendments) has effect.
The provisions listed in Schedule 18 are repealed or revoked to the extent specified.
Sections 7, 8 and 9 extend to England and Wales only.
Section 6 and Part 5 extend to Northern Ireland only.
Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.
Subject to subsections (1) to (3), this Act extends to Northern Ireland.
This Act, except the following provisions, comes into force in accordance with provision to be made by the Lord Chancellor by order.
The provisions excepted from subsection (1) are—
section 4;
sections 18 to 22;
sections 140 to 144;
section 147;
this section;
section 149;
Schedules 6 and 7.
Section 4 comes into force in accordance with provision to be made by the Secretary of State by order.
An order by which section 23(1) comes into force at any time may not be made unless the Lord Chancellor is satisfied that the Supreme Court will at that time be provided with accommodation in accordance with written plans that he has approved.
The Lord Chancellor may approve plans only if, having consulted the Lords of Appeal in Ordinary holding office at the time of the approval, he is satisfied that accommodation in accordance with the plans will be appropriate for the purposes of the Court.
An order under this section may make different provision for different purposes.
This Act may be cited as the Constitutional Reform Act 2005.