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Constitutional Reform Act 2005

Type Public General Act

Publication 2005-03-24

Last updated 2026-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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(1A) In subsection (2) for “Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005” substitute “ The Lord Chief Justice of Northern Ireland may, with the concurrence of the Lord Chancellor, make rules ”. (1B) For subsections (5A) and (5B) substitute— (5A) The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making rules under subsection (1) that relate to Northern Ireland.

(3) In paragraph (2), in subsections (6) and (7) substituted for subsection (6) of the 1951 Act, for “this section” substitute “ subsection (1) ”.

(4) After paragraph (2) insert—

(3) At the end of that section insert— (8) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))

43

The Administration of Estates (Northern Ireland) Order 1979 is amended as follows.

44

(1) Article 20 (inheritance tax accounts) is amended as follows.

(2) In paragraph (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) After paragraph (2) insert—

(2A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (2)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

45

(1) Article 23 (keeping and inspection of wills and other documents) is amended as follows.

(2) In paragraph (1) for “Lord Chancellor” in the second place substitute “ Lord Chief Justice ”.

(3) In paragraph (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4) After paragraph (4) insert—

(5) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

46

(1) Article 24 (records of grants) is amended as follows.

(2) In paragraph (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) After paragraph (2) insert—

(3) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

47

(1) Article 26 (copies of wills etc to be delivered to Inland Revenue Commissioners).

(2) In paragraph (1) for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

(3) After paragraph (1) insert—

(1A) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

48

The County Courts (Northern Ireland) Order 1980 is amended as follows.

49

In Article 2 (interpretation), in paragraph (5) omit“on the Lord Chancellor”.

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

In Article 4 (directions as to holding of courts), for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

52

In Article 5 (directions for courts to sit otherwise in courthouses), for “Lord Chancellor” substitute “ Lord Chief Justice ”.

53

(1) Article 6 (appointment of days for holding of ordinary sittings) is amended as follows.

(2) In paragraph (1) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) In paragraph (2) for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “ Lord Chief Justice shall consult ”.

54

In Article 7 (additional and extraordinary sittings), in paragraphs (1) and (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

55

In Article 22 (power to increase civil jurisdiction of county courts), after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

56

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 ”.

57

In Article 47 (making of county court rules) for paragraphs (2) and (3) substitute—

(2) County court rules must be certified under the hand of the members of the Rule Committee, or any three or more of them. (3) After making and certifying county court rules the Rules Committee must submit them to the Lord Chancellor. (4) The Lord Chancellor must, after consultation with the Lord Chief Justice, allow or disallow county court rules submitted to him. (5) County court rules have effect only if the Lord Chancellor allows them. (6) If the Lord Chancellor disallows county court rules, the Lord Chancellor must give the Rules Committee written reasons why he has disallowed them. (7) County court rules allowed by the Lord Chancellor shall come into operation on such day as the Lord Chancellor shall direct. (8) Paragraph (9) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for county court rules to include provision that would achieve a purpose specified in the notice. (9) The Rules Committee must make such county court rules as it considers necessary to achieve the specified purpose. (10) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (8); (b) made in accordance with this Article.

58

In Article 56 (swearing of affidavits before designated court officer), in subsection (1) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

59

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. ”

Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)

60

(1) Article 4 of the Domestic Proceedings (Northern Ireland) Order 1980 (powers of court to make provision for domestic proceedings) is amended as follows.

(2) In paragraph (3) after “may” insert “ , after consultation with the Lord Chief Justice, ”.

(3) After paragraph (3) insert—

(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(4) In paragraph (4) for the words from the beginning to “under” substitute “ Any order made under ”.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

61

The Magistrates' Courts (Northern Ireland) Order 1981 is amended as follows.

62

(1) Article 6A (costs in legal proceedings) is amended as follows.

(2) In paragraph (4) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(3) After paragraph (4) insert—

(4A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

63

(1) Article 11 (petty sessions and petty sessions districts) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph (3) for “Lord Chancellor” in each place substitute “Lord Chief Justice”.

64

In Article 12 (holding of petty sessions in courthouse), in paragraph (a) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

65

(1) Article 13 (magistrates' courts rules) is amended as follows.

(2) In paragraph (1) omit the words from “or as” to “Article 14”.

(3) In paragraph (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4) For paragraph (3) substitute—

(3) It is for the Rules Committee to make such rules as are referred to in paragraph (1) (which may be known as “magistrates' courts rules”). (3A) The Rules Committee may make magistrates' courts rules only— (a) after consultation with the Lord Chancellor, and (b) with the agreement of the Lord Chief Justice. (3B) Paragraph (3C) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for magistrates' courts rules to include provision that would achieve a purpose specified in the notice. (3C) The Rules Committee must make such magistrates' courts rules as it considers necessary to achieve the specified purpose. (3D) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (3B); (b) made in accordance with this Article.

(5) In paragraph (5), after “member of the committee” insert “ as the Lord Chief Justice shall designate ”.

66

Omit Article 14 (recommendations by Rules Committee to Lord Chancellor).

67

In Article 15 (rules under or for the purpose of particular enactments), in paragraph (2) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

68

In Article 37 (discharge or committal for trial), in paragraph (5) omit “Without prejudice to Article 14,”.

69

In Article 168 (directions), omit “on the Lord Chancellor”.

Pensions Appeal Tribunals (Northern Ireland) Rules 1981 (S.R. 1981/231)

70

The Pensions Tribunals (Northern Ireland) Rules 1981 is amended as follows.

71

In rule 2 (interpretation), in paragraph (1)—

(a) for the definition of “the Chairman” substitute—

“the Chairman” means the person who is chairman of a Tribunal in accordance with the Schedule to the Act (including any directions under paragraph 3A of that Schedule)

(b) in the definition of “the Deputy President” omit “by the Lord Chief Justice of Northern Ireland”;

72

In rule 2A (functions of the President), in paragraph (2) after “Lord Chief Justice of Northern Ireland” insert “ after consultation with the Lord Chancellor ”.

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

73

The Mental Health (Northern Ireland) Order 1986 is amended as follows.

74

(1) Article 83 (procedure of tribunal) is amended as follows.

(2) In paragraph (1) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(3) After paragraph (1) insert—

(1A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

75

(1) Schedule 3 (Mental Health Review Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (a) after “suitable” insert “ after consultation with the Lord Chief Justice ”;

(b) In sub-paragraph (b) and (c) omit “after consultation with the Head of the Department”.

(3) After paragraph 1 insert—

(1A) (1) The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph 1(a)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). (2) As part of the selection process for an appointment under paragraph 1(b) or (c) the Northern Ireland Judicial Appointments Commission shall consult the Head of the Department.

76

In Schedule 6 to the Mental Health (Northern Ireland) Order 1986 (transitional provisions), omit paragraph 19.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

77

The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

78

In Article 80A (evidence through live links), in paragraph (6) after “Lord Chancellor” insert “ , after consultation with the Lord Chief Justice, ”.

79

In Article 81 (evidence through television links), in paragraph (8) after “Lord Chancellor” insert “ , after consultation with the Lord Chief Justice, ”.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

80

The Insolvency (Northern Ireland) Order 1989 is amended as follows.

81

In Article 359 (insolvency rules), after paragraph (1) insert—

(1A) Rules that affect court procedure may be made under paragraph (1) only with the concurrence of the Lord Chief Justice. (1B) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (1A)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

82

(1) Article 360 (committee to review insolvency rules) is amended as follows.

(2) In paragraph (1) for “continue to be a committee appointed by the Lord Chancellor” substitute “ be a committee appointed by the Lord Chief Justice ”.

(3) In paragraph (2)(f) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4) After paragraph (2) insert—

(3) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

83

(1) Article 364 (insolvent partnerships) is amended as follows.

(2) In paragraph (1) after “concurrence of” insert “ the Lord Chief Justice and ”.

(3) After paragraph (1) insert—

(1ZA) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

84

(1) Article 365 (insolvent estates of deceased persons) is amended as follows.

(2) In paragraph (1) after “concurrence of” insert “ the Lord Chief Justice and ”.

(3) After paragraph (1) insert—

(1ZA) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (1)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

85

The Child Support (Northern Ireland) Order 1991 is amended as follows.

86

(1) Article 10 (role of the courts with respect to maintenance for children) is amended as follows.

(2) In paragraph (5), after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

(3) After paragraph (5) insert—

(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (5)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

87

(1) Article 42 (jurisdiction of courts in certain proceedings under this Order) is amended as follows.

(2) In paragraphs (1) and (3) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(3) In paragraph (4) after “Lord Chancellor considers appropriate” insert “ , after consultation with the Lord Chief Justice, ”.

(4) After paragraph (4) insert—

(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))

88

(1) 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.

(2) In paragraph (3) after “suitable” insert “ after consultation with the Lord Chief Justice ”.

(3) After paragraph (3) insert—

(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1575 (N.I. 6))

89

The Family Law (Northern Ireland) Order 1993 is amended as follows.

90

(1) Article 12 (family proceedings rules) is amended as follows.

(2) In paragraph (1) for the words from “which” to “court” substitute “ which may make rules of court in accordance with Article 12A ”.

(3) In paragraph (3) for “rules of court made under this Article” substitute “ family proceedings rules ”.

(4) In paragraph (4) for “Rules of court made under this Article” substitute “ Family proceedings rules ”.

(5) In paragraph (5)—

(a) after “this Article” insert “ and Article 12A ”;

(b) at the end insert—

“family proceedings rules” means rules of court made under this Article.

91

After Article 12 insert—

(12A) (1) After making family proceedings rules the Committee must submit them to the Lord Chancellor. (2) The Lord Chancellor may allow or disallow family proceedings rules submitted to him. (3) Family proceedings rules have effect only if allowed by the Lord Chancellor. (4) If the Lord Chancellor disallows family proceedings rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them. (5) Paragraph (6) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for family proceedings rules to include provision that would achieve a purpose specified in the notice. (6) The Committee must make such family proceedings rules as it considers necessary to achieve the specified purpose. (7) Those rules must be— (a) made within a reasonable period after the Lord Chancellor gives notice under paragraph (5); (b) made in accordance with this Article.

92

(1) In Schedule 2 (Northern Ireland Family Proceedings Rules Committee), paragraph 2 is amended as follows.

(2) That paragraph becomes sub-paragraph (1) of paragraph 2.

(3) In that sub-paragraph—

(a) in sub-paragraph (c) for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “ Lord Chief Justice ”;

(b) in sub-paragraph (f) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4) After that sub-paragraph insert—

(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

93

The Children (Northern Ireland) Order 1995 is amended as follows.

94

In Article 4 (reports on child's welfare), in paragraph (2) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

95

In Article 60 (representation of child and his interests in certain proceedings), in paragraph (8) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

96

In Article 166 (appeals), in paragraph (14) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

97

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, ”.

98

In Article 170 (privacy for children involved in certain proceedings), in paragraph (5) after “requires it” insert “ and if the Lord Chief Justice agrees ”.

99

After Article 181 insert—

(181A) (1) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise a delegable function— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act). (2) In paragraph (1) “delegable function” means a function under any of these provisions of this Order— (a) Article 4(2); (b) Article 166(14); (c) Article 169(5); (d) Article 170(5); (e) in Schedule 1, paragraph 6(2); (f) in Schedule 7— (i) paragraph 1(1), (2) and (4); (ii) paragraph 2(1) and (5); (iii) paragraph 3; (iv) paragraph 4(4), (6)(a) and (7).

100

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, ”.

101

(1) Schedule 7 (commencement of proceedings) is amended as follows.

(2) 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, ”.

(3) In paragraph 2 (transfer of proceedings)—

(a) in sub-paragraph (1) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”;

(b) in sub-paragraph (5) after “Lord Chancellor thinks appropriate” insert “ , after consultation with the Lord Chief Justice, ”.

(4) In paragraph 3 (emergency protection orders), after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(5) In paragraph 4 (general)—

(a) in sub-paragraph (4) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice ”;

(b) in sub-paragraph (6)(a) after “Lord Chancellor considers expedient” insert “ , after consultation with the Lord Chief Justice ”;

(c) in sub-paragraph (7) after “Lord Chancellor by order otherwise provides” insert “ , after consultation with the Lord Chief Justice ”.

Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

102

(1) In the Education (Northern Ireland) Order 1996, Article 22 (constitution of Special Educational Needs Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph (3)(a) after “suitable” insert “ after consultation with the Lord Chief Justice ”.

(3) After paragraph (3) insert—

(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269

103

(1) The Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 is amended as follows.

(2) In the Schedule, in rule 6 (appointment of tribunal)—

(a) in paragraph (3)(a) omit “but”;

(b) omit paragraph (3)(b).

Northern Ireland Act 1998 (c. 47)

104

The Northern Ireland Act 1998 is amended as follows.

105

In section 90 (effect of certificates), in subsection (2) for “made by the Lord Chancellor” substitute “ made under section 91 ”.

106

(1) Section 91 (the National Security Certificates Tribunal) is amended as follows.

(2) In subsection (2), after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice of Northern Ireland, ”.

(3) After subsection (2) insert—

(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

107

(1) Section 92 (appeals from the Tribunal) is amended as follows.

(2) In subsection (3) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice of Northern Ireland, ”.

(3) After subsection (3) insert—

(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

108

(1) 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.

(2) That paragraph becomes sub-paragraph (1) of paragraph 5.

(3) In that sub-paragraph, for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(4) After that sub-paragraph insert—

(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))

109

The Family Homes and Domestic Violence (Northern Ireland) Order 1998 is amended as follows.

110

(1) Article 34 (jurisdiction of courts and procedure) is amended as follows.

(2) In paragraphs (3), (4) and (5) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(3) In paragraph (7) after “Lord Chancellor thinks appropriate” insert “ , after consultation with the Lord Chief Justice, ”.

(4) In paragraph (9) after “Lord Chancellor” insert “ , after consultation with the Lord Chief Justice, ”.

(5) After paragraph (9) insert—

(9A) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

111

(1) Article 39 (appeals) is amended as follows.

(2) In paragraph (4) after “Lord Chancellor” in each place insert “ , after consultation with the Lord Chief Justice, ”.

(3) In paragraph (11) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(4) After paragraph (11) insert—

(11A) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under paragraph (4) or (11)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

112

In Article 27 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (youth courts), in paragraph (3) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

113

(1) In the Social Security (Northern Ireland) Order 1998, Article 7 (qualifications for membership of appeal panels) is amended as follows.

(2) In paragraph (2) for the words from “such” to the end substitute “ persons appointed by the Lord Chancellor ”.

(3) In paragraph (3) at the end insert “ ; and such concurrence may be given only after consultation with the Lord Chief Justice ”.

(4) After paragraph (3) insert—

(3A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).” (3B) As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Northern Ireland Judicial Appointments Commission shall consult the Chief Medical Officer of the Department.

Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))

114

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, ”.

Justice (Northern Ireland) Act 2002 (c. 26)

115

(1) The Justice (Northern Ireland) Act 2002 is amended as follows.

(2) Where the amendment to section ... 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.

116

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117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118

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, ”.

119

In section 12 (role of the Lord Chief Justice), omit subsections (2) and (3).

120

(1) In section 24 (removal of Attorney General), in subsection (5) after “Lord Chancellor” insert

after consultation with all of the following— (a) the President of the Supreme Court; (b) the Lord Chief Justice of England and Wales; (c) the Lord President of the Court of Session; (d) the Lord Chief Justice of Northern Ireland

121

In section 43 (appointment and removal of Director of Public Prosecutions), in subsection (6) after “Lord Chancellor” insert

after consultation with all of the following— (a) the President of the Supreme Court; (b) the Lord Chief Justice of England and Wales; (c) the Lord President of the Court of Session; (d) the Lord Chief Justice of Northern Ireland

122

(1) Schedule 1 (listed judicial offices) is amended as follows.

(2) After the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” insert—

Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

(3) For the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” and the entry inserted by sub-paragraph (2) above substitute—

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))

(4) Before the entry “Member of the panel of chairmen of the Fair Employment Tribunal” insert—

Member of the panel of chairmen of the Industrial Tribunals

(5) At the end of the Schedule insert—

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)

123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124

(1) Schedule 4 (functions of justices of the peace) is amended as follows.

(2) In paragraph 4 (amendment of Schedule by order), after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(3) In paragraph 5 (consequential amendments by order) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

(4) After paragraph 5 insert—

(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26); (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

125

Omit Schedule 5 (transfer of functions to Lord Chief Justice).

126

(1) Schedule 6 (office-holders required to take judicial oath) is amended as follows.

(2) After the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” insert— “ Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) ”.

(3) For the entry “Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland” and the entry inserted by sub-paragraph (2) above substitute— “ 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)) ”.

(4) Before the entry “Member of the panel of chairmen of the Fair Employment Tribunal” insert— “ Member of the panel of chairmen of the Industrial Tribunals ”.

(5) At the end of the Schedule insert— “ 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) ”.

127

In Schedule 12 (minor and consequential amendments), after paragraph 81 insert—

(82) Omit sections 133 to 136 of the Constitutional Reform Act 2005 (judicial removals: Northern Ireland).

128

(1) Schedule 13 (repeals and revocations) is amended as follows.

(2) Omit—

(a) the entry relating to the County Courts (Northern Ireland) Order 1980 (1980/397 (N.I. 3));

(b) the entry relating to Article 168 of the Magistrates' Courts (Northern Ireland) Order 1981.

(3) After the entries relating to the Justice (Northern Ireland) Act 2002 insert—

Constitutional Reform Act 2005	Sections 133 to 136.

129

(1) 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.

(2) For sub-paragraph (2)(a) substitute—

(a) a chairman nominated from the chairmen's panel by the Lord Chief Justice after consultation with the First Minister and deputy First Minister; and

(3) After sub-paragraph (2) insert—

(2A) The Lord Chief Justice may nominate any of the following to exercise his functions under this paragraph— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(4) In paragraph (3) (tenure of office), omit sub-paragraph (3).

Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004 (S.R. 2004/165)

130

(1) 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.

(2) In paragraph (1)(a), for “the Department” substitute “ the Lord Chancellor ”.

(3) 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, ”.

Part 2 — Amendments relating to enactments repealed or amended otherwise than by this Act

Introduction

131

(1) This Part of this Schedule contains amendments of or relating to enactments that have already been amended or repealed by provisions of other Acts.

(2) In each case the amending or repealing provision is specified, in relation to the enactment referred to, as the “original amending provision”.

(3) 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.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

132

(1) Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (constitution of juvenile courts) is amended as follows.

(2) In paragraph 1 (juvenile court panels)—

(a) in sub-paragraph (3) for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”;

(b) after sub-paragraph (3) insert—

(3A) The Lord Chief Justice may approve a course of training, or allow a longer period for completion of a course, only after consultation with the Lord Chancellor.

(3) 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).

Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))

133

(1) Article 27 of the Administration of Estates (Northern Ireland) Order 1979 (depositories of wills of living persons) is amended as follows.

(2) That Article becomes paragraph (1) of Article 27.

(3) 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 ”.

(4) After that paragraph insert—

(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this Article— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(5) 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).

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 14))

134

(1) Article 46 of the County Courts (Northern Ireland) Order 1980 (county court rules committee) is amended as follows.

(2) In paragraph (1) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

(3) After paragraph (1) insert—

(1A) The Lord Chief Justice must consult the Lord Chancellor before making an appointment under paragraph (1)(b), (c), (e) or (f).

(4) 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).

SCHEDULE 6 — Speakership of the House of Lords

Clerk of the Parliaments Act 1824 (c. 82)

1

(1) For the title to section 3 of the Clerk of the Parliaments Act 1824 substitute “ Appointment of other clerks officiating at the table ”.

(2) 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 ”.

Parliamentary Papers Act 1840 (c. 9)

2

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 ”.

Church of England Assembly (Powers) Act 1919 (c. 76)

3

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 ”.

Statutory Instruments Act 1946 (c. 36)

4

(1) The Statutory Instruments Act is amended as follows.

(2) 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 ”.

(3) 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 ”.

Laying of Documents Before Parliament (Interpretation) Act 1948 (c. 59)

5

(1) 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 ”.

(2) In section 2—

(a) 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 ”;

(b) for “of the Lord Chancellor or of the Speaker” substitute “ of the Speaker of the House of Commons or the Speaker of the House of Lords ”.

Consolidation of Enactments (Procedure) Act 1949 (c. 33)

6

(1) Section 1 of the Consolidation of Enactments (Procedure) Act 1949 (procedure for making corrections and minor improvements) is amended as follows.

(2) 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 ”.

(3) In subsection (4)—

(a) for “the Lord Chancellor and the Speaker” substitute “ the Speaker of the House of Commons and the Speaker of the House of Lords ”;

(b) 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 ”.

(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 ”.

(5) 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 ”.

Exchequer and Audit Departments Act 1957 (c. 45)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ministerial and other Salaries Act 1975 (c. 27)

8

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 ”.

SCHEDULE 7 — Protected functions of the Lord Chancellor

1

Any function of the Lord Chancellor that relates to the custody or use of the Great Seal of the United Kingdom.

2

Any function of the Lord Chancellor under this Act , including any function under provision inserted into this Act by—

(a) the Crime and Courts Act 2013, or

(b) any earlier or later enactment.

3

Any function of the Lord Chancellor under another enactment, if the function is conferred or modified by an amendment made by this Act.

3A

Any function of the Lord Chancellor under the Legal Services Act 2007.

4

Any function of the Lord Chancellor under these provisions—

A: GENERALSheriffs Act 1887 (c. 55)Section 20...Stamp Act 1891 (c. 39)Section 13AWar Pensions (Administrative Provisions) Act 1919 (c. 53)The Schedule, paragraphs 1, 2, 3, 8 and 9Administration 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 20Compensation (Defence) Act 1939 (c. 75)Section 8London 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 5Coal Industry Nationalisation Act 1946 (c. 59)Section 61(1)Section 64(10)Agriculture Act 1947 (c. 48)Schedule 9Commonwealth Telegraphs Act 1949 (c. 39)Section 6(4)...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)Registered Designs Act 1949 (c.88)Sections 27A and 27B. Foreign Compensation Act 1950 (c. 12)Section 1(1)Section 4Courts-Martial (Appeals) Act 1951 (c. 46)Section 28Section 30Section 31(4)Section 32Section 33Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)Section 5Agriculture (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 3Transport Act 1962 (c. 46)Schedule 6, paragraph 3(4)Betting, Gaming and Lotteries Act 1963 (c. 2)Section 29.........Superannuation Act 1965 (c. 74)Section 39ACourts-Martial (Appeals) Act 1968 (c. 20)Section 2Section 5Section 7(2)Section 30Countryside Act 1968 (c. 41)Section 15A(3)...Transport Act 1968 (c. 73)Schedule 4, paragraph 13(3)Taxes Management Act 1970 (c. 9)Section 2Section 2ASection 3Section 3ASection 4(1), (3) and (6)Section 4A(1) and (6)Section 28ZCSection 46ASection 56BAdministration of Justice Act 1970 (c. 31)Section 10(3)Courts Act 1971 (c. 23)Section 16(1)Section 18 Section 21 ...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 1Immigration Act 1971 (c. 77)Section 22Administration of Justice Act 1973 (c. 15)Sections 9 and 12Juries Act 1974 (c. 23)Section 2Section 3(1)Section 5(1)Section 8Section 19Section 21Section 23(2)Solicitors Act 1974 (c. 47)Section 56Industry Act 1975 (c. 68)Schedule 3, paragraphs 4(1)(a) and 17Armed Forces Act 1976 (c. 52)Section 6(3), (4), (8) and (11)......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 137Section 144(2) and (3)Judicial Pensions Act 1981 (c. 20)Section 3Section 5Section 7Section 10Section 11Section 13Section 13ASection 14ASection 23Section 29BSection 32A Section 33ZA Section 33ASchedule 1, paragraph 3(3)Schedule 1A, paragraphs 2 and 11Schedule 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 12Section 54(3)Section 57(4)(a)Section 71(4)(a)Section 74Section 75 Section 91 Section 92(1) and (3A)Section 98 Section 102 Section 126Section 133Section 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) ...Mental Health Act 1983 (c. 20)Section 78Section 143(1)Schedule 2, paragraphs 1, 2 and 3Car Tax Act 1983 (c. 53)Section 3(5)County Courts Act 1984 (c. 28) Section 8 Section 12(1)Section 128Section 130Matrimonial and Family Proceedings Act 1984 (c. 42)Section 37Ordnance 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)Administration of Justice Act 1985 (c. 61)Section 9(7)Section 69(2)Schedule 3Transport Act 1985 (c. 67)Schedule 4, paragraphs 2(1)(a), 3(4) and (5), 6, 7, 15 and 16Landlord and Tenant Act 1985 (c. 70)Section 29(4)...Insolvency Act 1986 (c. 45)Section 117Section 413Section 414Section 415Section 420(1)Section 421(1)Schedule 7, paragraph 1(1)(a) ...Income and Corporation Taxes Act 1988 (c. 1)Section 706(1)Coroners Act 1988 (c. 13)Section 17ACriminal Justice Act 1988 (c. 33)Schedule 12Education Reform Act 1988 (c. 40)Schedule 10, paragraph 9(4)Local Government Finance Act 1988Schedule 11, paragraph A7Copyright, Designs and Patents Act 1988 (c. 48)Section 145(2)Section 146(6)Section 150Section 291(5)Section 292Electricity 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 1Section 53Section 60Section 72Section 89Section 125(4)Schedule 19, paragraph 17Child Support Act 1991 (c. 48)Section 8.........Section 52(1)Schedule 4, paragraphs 2(1) and (2)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...Social Security Administration Act 1992 (c. 5)Section 24Section 41(4)(c)Section 43(5)(c)Section 50(4)(c)Section 51(1)Section 52(2)Section 58Schedule 2, paragraph 6Further and Higher Education Act 1992 (c. 13)Schedule 5, paragraph 7(4)Finance (No. 2) Act 1992 (c. 48)Section 75Tribunals and Inquiries Act 1992 (c. 53)Section 6(2), (8) and (9)Section 9Section 13Section 15Section 16(2)Schedule 5, paragraph 7(4)Judicial Pensions and Retirement Act 1993 (c. 8)Section 1Section 2Section 3Section 9 Section 9A Section 10Section 11Section 12Section 13Section 19Section 20Section 21 Section 26(9) Section 31Schedule 2, paragraphs 2, 11, 12 and 13Schedule 2A, paragraphs 1 and 2Schedule 5, as it applies in relation to the office of chairman or other member of Rent Assessment CommitteesSchedule 7, paragraph 2Coal 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 9Trade Marks Act 1994 (c. 26)Section 77Merchant 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 3Section 22(1)(c) and (2)Section 27Section 30Reserve Forces Act 1996 (c. 14)Section 90Section 91Police Act 1996 (c. 16)Schedule 6, paragraph 1(a)Arbitration Act 1996 (c. 23)...Section 105Defamation 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)...School Inspections Act 1996 (c. 57)Schedule 2, paragraph 1(1)(a)Civil Procedure Act 1997 (c. 12)Section 3Section 6Justices of the Peace Act 1997 (c. 25)Section 10Section 10A(1)Section 10B(1)Section 27BSection 29Section 30Section 30BSection 30CSection 31Section 32ASection 34Finance (No. 2) Act 1997 (c. 58)Schedule 2, paragraph 11(2)Plant Varieties Act 1997 (c. 66)Schedule 3, paragraphs 2(1), 13 and 16Special Immigration Appeals Commission Act 1997 (c. 68)Section 5Section 8Schedule 1, paragraphs 1, 2, 3 and 4Social Security Act 1998 (c. 14)Section 5(1)Section 6(1) to (4)Section 79Schedule 4, paragraphs 1(2), 2, 3, 6 and 8Data Protection Act 1998 (c. 29)Section 6(4)Crime and Disorder Act 1998 (c. 37)Section 51Section 51DSection 81Human Rights Act 1998 (c. 42)Schedule 4Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2)Section 13......Finance Act 1999 (c. 16)Schedule 17, paragraph 11Access to Justice Act 1999 (c. 22)Section 45Greater London Authority Act 1999 (c. 29)Section 189(6)Welfare Reform and Pensions Act 1999 (c. 30)Section 43Immigration and Asylum Act 1999 (c. 33)Section 53(6)Schedule 7, paragraphs 1 and 2Schedule 10...Terrorism Act 2000 (c. 11)Schedule 3, paragraphs 1, 2, 3 and 5......Local Government Act 2000 (c. 22)Section 75Section 76(11)International Criminal Court Act 2001 (c. 17)Schedule 1, paragraph 7Anti-terrorism, Crime and Security Act 2001 (c. 24)Schedule 6, paragraphs 1, 2, 3 and 5Land Registration Act 2002 (c. 9) Section 108(5) Commonhold and Leasehold Reform Act 2002 (c. 15)Schedule 12, paragraph 5(3)Tax Credits Act 2002 (c. 21)Section 65Proceeds of Crime Act 2002 (c. 29)Section 320(3)(b)Enterprise Act 2002 (c. 40)Section 12(2)(a) and (b)Section 16Schedule 2, paragraphs 1 and 3Nationality, Immigration and Asylum Act 2002 (c. 41)Section 16Section 81Section 106Schedule 4, paragraphs 1, 2, 6 and 7Schedule 5, paragraphs 1, 2, 3, 4, 5, 9, 10 and 11Finance Act 2003 (c. 14)Schedule 17, paragraphs 6 to 10Communications Act 2003 (c. 21)Schedule 2, paragraph 4(7)(a)Courts Act 2003 (c. 39)Section 1Section 22(1) Section 24 Section 27Section 35Section 36Section 37Section 51Section 61Section 70(2)(a)Schedule 1, paragraphs 2 and 6Schedule 5, paragraph 43Schedule 6, paragraph 1Schedule 7, paragraphs 2 and 12......Income Tax Act 2007Section 704(1)Tribunals, Courts and Enforcement Act 2007Part 1Section 51Part 3Sections 95 to 102Coroners and Justice Act 2009 (c. 25)Section 119(1) and (2)Section 120(6)Section 122(4)Section 124(1)Section 131(2)Section 132(1), (4) and (6)Section 133Schedule 15Marriage (Same Sex Couples) Act 2013Section 8 Public Service Pensions Act 2013Schedule 1, paragraph 2(1).Schedule 2, paragraph 2Additional Learning Needs and Education Tribunal (Wales) Act 2018Section 91(3) and (4)Sentencing Act 2020 (c. 17)Schedule 23, paragraph 19Public Service Pensions and Judicial Offices Act 2022Section 124(3) and (4)Section 127

B: LEGISLATION RELATING TO NORTHERN IRELANDJudicial Pensions Act (Northern Ireland) 1951 (c. 20 (N.I.))Section 11ASection 16Schedule 4, paragraph 3Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)).........Section 36(1) and (2)County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))...Section 106 (1) and (3) Section 107(7) Section 116(1)Section 116A(3)(b), (4)(a) and (b), (5) and (6)Section 127A(1)Section 132Section 132A(1), (2) and (4)Section 134Schedule 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 8A 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 13Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))...Section 10(1)Section 12(1)...Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))...Section 2A(3)(b), (4)(a) and (b), (5) and (6)......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)...... Sections 12B and 12C ...............Section 71(4)Section 72(3)Section 74(5) ............Section 117ASection 123(2) and (3)...Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)Schedule 1, Part 1............Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))............ Schedule 4, paragraph 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 56(6).........Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))Article 30(1)(a)Article 31(2).........Northern Ireland Act 1998 (c. 47)Section 91(6)Schedule 11, paragraphs 2(1) and (3), 2A, 3(1) and (4), and 4............Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))Article 40Article 73(10) and (11)...Justice (Northern Ireland) Act 2002 (c. 26)............Section 12(3)............Schedule 3, Part 1......Ecclesiastical Jurisdiction and Care of Churches Measure 2018 Section 2(6) Section 81(3)

SCHEDULE 8 — Supreme Court selection commissions

Part 1 — Membership

General rules

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special rules where President's or Deputy President's place unfilled

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-judicial members of selection commissions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairing of selection commissions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Dissolution

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Duty to convene commission: special rules

Selection commission for the office of Deputy President

13

(1) 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—

(a) a selection commission for the office of President has been convened and not dissolved;

(b) the Lord Chancellor is under a duty to convene such a selection commission.

(2) Where sub-paragraph (1) applies, the Lord Chancellor must convene a selection commission for the office of Deputy President as soon as practicable after a person has been selected as a result of the convening of a selection commission in respect of the vacancy in the office of President.

(3) Sub-paragraph (1) applies to the duty under sub-paragraph (2) to convene a commission as it applies to all other such duties.

Selection commission for the office of judge

14

(1) 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—

(a) a selection commission for the office of President has been convened and not dissolved;

(b) the Lord Chancellor is under a duty to convene such a selection commission;

(d) the Lord Chancellor is under a duty to convene such a selection commission.

(2) Where sub-paragraph (1) applies, the Lord Chancellor must convene a selection commission for the office of judge as soon as practicable after a person has been selected as a result of the convening of a selection commission in respect of the vacancy in the office of President or Deputy President.

(3) Sub-paragraph (1) applies to the duty under sub-paragraph (2) to convene a commission as it applies to all other such duties.

SCHEDULE 9 — Amendments relating to jurisdiction of the Supreme Court

Part 1 — Jurisdiction transferred from the House of Lords

British Law Ascertainment Act 1859 (c. 63)

1

In the British Law Ascertainment Act 1859—

(a) 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 ”;

(b) in that section, for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”.

Nautical Assessors (Scotland) Act 1894 (c. 40)

2

In section 6 of the Nautical Assessors (Scotland) Act 1894 (calling in nautical assessors to assist) —

(a) in the sidenote, for “House of Lords” substitute “ Supreme Court ”;

(b) for “House of Lords” in the first place substitute “ Supreme Court ”; and

Administration of Justice (Appeals) Act 1934 (c. 40)

3

In the Administration of Justice (Appeals) Act 1934, omit section 1 (restrictions on appeal from Court of Appeal).

National Health Service (Amendment) Act 1949 (c. 93)

4

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 ”.

Miners' Welfare Act 1952 (c. 23)

5

In the Miners' Welfare Act 1952, in section 17 (application to Scotland) in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

Army Act 1955 (c. 18)

6

In the Army Act 1955, in section 113C (review of sentences by Courts-Martial Appeal Court)—

(a) in subsection (4)—

(i) for “House of Lords for their opinion” substitute “ Supreme Court for its opinion ”;

(ii) for “the House shall consider the point and give their opinion” substitute “ the Supreme Court shall consider the point and give its opinion ”;

(iii) for the words from “deal with it themselves” to the end of the subsection substitute “ itself deal with the case. ”;

(b) in subsection (5) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”;

Air Force Act 1955 (c. 19)

7

In the Air Force Act 1955, in section 113C (review of sentences by Courts-Martial Appeal Court)—

(a) in subsection (4)—

(i) for “House of Lords for their opinion” substitute “ Supreme Court for its opinion ”;

(ii) for “the House shall consider the point and give their opinion” substitute “ the Supreme Court shall consider the point and give its opinion ”;

(iii) for the words from “deal with it themselves” to the end of the subsection substitute “ itself deal with the case. ”;

(b) in subsection (5) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”;

Administration of Justice Act 1956 (c. 46)

8

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 ”.

Geneva Conventions Act 1957 (c. 52)

9

In the Geneva Conventions Act 1957, in section 4 (appeals by protected persons) in subsection (1A) for “House of Lords” substitute “ Supreme Court ”.

Naval Discipline Act 1957 (c. 53)

10

In the Naval Discipline Act 1957, in section 71AC (review of sentences by Courts-Martial Appeal Court)—

(a) in subsection (4)—

(i) for “House of Lords for their opinion” substitute “ Supreme Court for its opinion ”;

(ii) for “the House shall consider the point and give their opinion” substitute “ the Supreme Court shall consider the point and give its opinion ”;

(iii) for the words from “deal with it themselves” to the end of the subsection substitute “ itself deal with the case. ”;

(b) in subsection (5) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”;

Agricultural Marketing Act 1958 (c. 47)

11

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 ”.

Caravan Sites and Control of Development Act 1960 (c. 62)

12

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 ”.

Administration of Justice Act 1960 (c. 65)

13

(1) The Administration of Justice Act 1960 is amended as follows.

(2) In section 1 (right of appeal to House of Lords in criminal cases)—

(a) in subsection (1) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (2) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”;

(d) in subsections (4) and (5) for “House of Lords” substitute “ Supreme Court ”.

(3) In section 2 (application for leave to appeal)—

(a) for “House of Lords” in each place substitute “ Supreme Court ”;

(b) for “that House or that court” substitute “ the Supreme Court or the court below ”.

(4) In section 4 (admission of appellant to bail) in subsection (2) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.

(5) 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 ”.

(6) In section 9 (procedure) in subsection (3) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.

(7) In section 13 (appeal in cases of contempt of court)—

(a) in subsection (2)(c) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (4) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

14

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 ”.

Commonwealth Secretariat Act 1966 (c. 10)

15

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 ”.

Criminal Appeal Act 1968 (c. 19)

16

(1) The Criminal Appeal Act 1968 is amended as follows.

(2) In section 30 (restitution of property) in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

(3) In section 33 (right of appeal to House of Lords)—

(a) in the sidenote and subsection (1) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (2) for “the House of Lords” and “that House” substitute in each place “ the Supreme Court ”.

(4) In section 34 (application for leave to appeal)—

(a) for “House of Lords” in each place substitute “ Supreme Court ”;

(b) in subsection (1) for “decision of the Court” substitute “ decision of the Court of Appeal ”;

(5) In section 35 (hearing and disposal of appeal)—

(a) omit subsections (1) and (2);

(b) in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

(6) 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 ”.

(7) In section 38 (presence of defendant at hearing) for “House of Lords” and “House” in each place substitute “ Supreme Court ”.

(8) In section 43 (effect of appeal on sentence) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.

(9) In Schedule 4 (procedural and other modifications for capital cases)—

(a) in the italic heading preceding paragraph 3 for “House of Lords” substitute “ Supreme Court ”;

(b) in paragraphs 3 and 4 for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.

Courts-Martial (Appeals) Act 1968 (c. 20)

17

(1) The Courts-Martial (Appeals) Act 1968 is amended as follows.

(2) In section 5 (constitution of court for particular sittings) in subsection (3)(b) for “House of Lords” substitute “ Supreme Court ”.

(3) In sections 39 and 40 (right of appeal, and application for leave to appeal)—

(a) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”;

(b) for “the Court” in each place substitute “ the Appeal Court ”.

(4) In section 41 (hearing and disposal of appeal)—

(a) omit subsections (1) and (2);

(b) in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

(5) 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 ”.

(6) In section 44 (presence of accused at hearing)—

(a) for “the House of Lords” in the first place substitute “ the Supreme Court ”;

(b) for “an order of the House of Lords authorises” substitute “ Supreme Court Rules authorise ”;

(7) In section 45 (effect of repeal on sentence) in subsection (1) for “House of Lords” in each place substitute “ Supreme Court ”.

(8) In section 46 (restitution of property) for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.

(9) 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 ”.

(10) In sections 50 and 57 (duties of registrar with respect to appeals etc, and interpretation) for “House of Lords” substitute “ Supreme Court ”.

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

18

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 ”.

Foreign Compensation Act 1969 (c. 20)

19

In the Foreign Compensation Act 1969 in section 3 (determinations of the Foreign Compensation Commission and appeals against such determinations) for subsection (8) substitute—

(8) No appeal shall lie to the Supreme Court from a decision of the Court of Appeal on an appeal under this section.

Administration of Justice Act 1969 (c. 58)

20

(1) The Administration of Justice Act 1969 is amended as follows.

(2) Part 2 is renamed “Appeal from High Court to Supreme Court”.

(3) In section 12 (grant of certificate by trial judge) for “House of Lords” in each place substitute “ Supreme Court ”.

(4) In section 13 (leave to appeal to House of Lords)—

(a) in the sidenote and subsection (1) for “House of Lords” in each place substitute “ Supreme Court ”.

(b) In subsection (2) for “House of Lords” and “House” in each place substitute “ Supreme Court ”;

(5) Omit section 14 (appeal where leave granted).

(6) In section 15 (cases excluded from s 12) in subsection (2)(b) for “House of Lords” substitute “ Supreme Court ”.

Taxes Management Act 1970 (c. 9)

21

(1) The Taxes Management Act 1970 is amended as follows.

(2) In section 56 (statement of case for the opinion of the High Court)—

(a) in subsection (8) for “House of Lords” in the first place substitute “ Supreme Court ”;

(b) for subsection (8)(a) substitute—

(a) an appeal to the Supreme Court under this subsection lies only with the permission of the Court of Appeal or the Supreme Court, and

(3) In section 56A (appeals from the Special Commissioners)—

(a) in subsections (5) and (6) for “House of Lords” in each place substitute “ Supreme Court ”;

(b) for subsection (7) substitute—

(7) An appeal to the Supreme Court under subsection (6) lies only with the permission of the Court of Appeal or the Supreme Court.

(4) In section 58 (proceedings in tax cases in Northern Ireland) in subsection (2C) for “House of Lords” substitute “ Supreme Court ”.

Administration of Justice Act 1970 (c. 31)

22

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 ”.

Criminal Justice Act 1972 (c. 71)

23

In the Criminal Justice Act 1972, in section 36 (reference to Court of Appeal of point of law following acquittal on indictment)—

(a) 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 ”;

(b) in subsection (4)—

(i) for “the House of Lords” substitute “ the Supreme Court ”;

(ii) 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. ”;

(c) 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 ”.

Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))

24

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 ”.

Administration of Justice Act 1973 (c. 15)

25

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 ”.

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

26

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 ”.

Industry Act 1975 (c. 68)

27

In the Industry Act 1975, in Schedule 3 (arbitration) in paragraph 23(2) for “House of Lords” in each place substitute “ Supreme Court ”.

Race Relations Act 1976 (c. 74)

28

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 ”.

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicature (Northern Ireland) Act 1978 (c. 23)

30

(1) The Judicature (Northern Ireland) Act 1978 is amended as follows.

(2) Part 3 is renamed “The Court of Appeal and the Supreme Court”.

(3) In section 35 (appeals to Court of Appeal from High Court) in subsection (5) for “House of Lords” substitute “ Supreme Court ”.

(4) In section 41 (appeals to the House of Lords in other criminal matters)—

(a) in the sidenote and in subsection (1) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (2) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”;

(d) in subsections (4) and (6) for “House of Lords” substitute “ Supreme Court ”.

(5) In section 42 (appeals to the House of Lords in civil cases)—

(a) in the sidenote and in subsections (1) and (2) for “House of Lords” substitute “ Supreme Court ”;

(b) omit subsections (3), (4) and (5).

(6) 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 ”.

(7) In section 44 (appeal in cases of contempt of court)—

(a) in subsection (2)(b) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (4) for “the House of Lords” and for “that House” substitute “ the Supreme Court ”.

(8) In Schedule 1 (appeals to House of Lords in certain criminal matters)—

(a) in the title to the Schedule, for “House of Lords” substitute “ Supreme Court ”;

(b) in paragraphs 1 and 3 to 5 for “the House of Lords” and “that House” in each place substitute “the Supreme Court”, and in paragraph 1(2) for “that court” substitute “ the court below ”;

(i) for “an order of the House of Lords” substitute “ Supreme Court Rules ”;

(ii) for “that House” substitute “ the Supreme Court ”.

Estate Agents Act 1979 (c. 38)

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Solicitors (Scotland) Act 1980 (c. 46)

32

(1) The Solicitors (Scotland) Act 1980 is amended as follows.

(2) 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—

(ii) the Supreme Court;

(3) In section 25A (rights of audience)—

(a) in the sidenote and in each of subsections (1)(a) and (4), for “House of Lords” substitute “ Supreme Court ”; and

(b) in subsection (4) omit the words “and the Judicial Committee of the Privy Council” where they last occur.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

-33

(1) The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

(2) In section 31 (right of appeal to House of Lords)—

(a) in subsection (1) for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (2) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.

(3) In section 32 (application for leave to appeal) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”.

(4) In section 33 (hearing and disposal of appeal)—

(a) omit subsections (1) and (2);

(b) in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

(5) In section 34 (further reference to House of Lords)—

(a) in the sidenote, for “House of Lords” substitute “ Supreme Court ”;

(b) in subsection (1) for “the House of Lords” and “that House” substitute “ the Supreme Court ”;

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