Constitutional Reform Act 2005

Type Public General Act
Publication 2005-03-24
Last updated 2026-07-07
State In force
Department Statute Law Database
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articles Not indexed
Reform history JSON API
  • (i) for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”;
  • (ii) for “the House's” substitute “ the Supreme Court's ”;
  • (d) in subsection (3)—
  • (i) for “the House of Lords” in the first place and “the House” substitute “ the Supreme Court ”;
  • (ii) for the words from “by such officer” to “House of Lords” substitute “ under Supreme Court Rules ”.
  • (6) In section 36 (detention of defendant pending appeal by Crown) for “House of Lords” in each place substitute “ Supreme Court ”.
  • (7) 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 ”.
  • (8) In section 38 (presence of defendant at hearing)—
  • (a) for “an order of the House of Lords” substitute “ Supreme Court Rules ”;
  • (b) for “that House” substitute “ the Supreme Court ”.
  • (9) In section 39 (computation of sentence) in subsection (2) for “House of Lords” substitute “ Supreme Court ”.
  • (10) In section 40 (restitution of property) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”.
  • (11) In section 41 (costs) for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.
  • (12) In section 42 (taxation of costs)—
  • (a) in subsection (2)—
  • (i) for “the House of Lords” in the first place substitute “ the Supreme Court ”;
  • (ii) for the words from “by such officer” to “House of Lords” substitute “ under Supreme Court Rules ”;
  • (b) in subsection (3) for “the House of Lords” substitute “ the Supreme Court ”.
  • (13) 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 ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

34

In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group A of Part 1, for paragraph (a) substitute—

(a) Justices of the Supreme Court or the President or Deputy President of that Court;

Contempt of Court Act 1981 (c. 49)

35
  • (1) The Contempt of Court Act 1981 is amended as follows.
  • (2) In section 16 (enforcement of fines imposed by certain superior courts) in subsection (4) for “House of Lords” substitute “ Supreme Court ”.
  • (3) 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.

Supreme Court Act 1981 (c. 54)

36
  • (1) The Supreme Court Act 1981 is amended as follows.
  • (2) In section 9 (assistance for transaction of judicial business) in subsection (6A) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In section 16 (appeals from High Court) in subsection (1) for “House of Lords” substitute “ Supreme Court ”.
  • (4) In section 28A (proceedings on case stated) in subsection (4) for “House of Lords” substitute “ Supreme Court ”.
  • (5) In sections 54(5) and 55(4)(b) (court of civil and court of criminal division) for “House of Lords” substitute “ Supreme Court ”.
  • (6) In section 58 (calling into question of incidental decisions), in subsection (2) for “House of Lords” substitute “ Supreme Court ”.

Wildlife and Countryside Act 1981 (c. 69)

37

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 ”.

38

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 ”.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

39

In the Civil Jurisdiction and Judgments Act 1982, in section 6 (appeals under the Lugano Convention)—

  • (a) in subsection (1)(a) for “House of Lords” in each place substitute “ Supreme Court ”;
  • (b) in subsection (2) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.

Mental Health (Scotland) Act 1984 (c. 36)

40

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 ”.

Prosecution of Offences Act 1985 (c. 23)

41
  • (1) The Prosecution of Offences Act 1985 is amended as follows.
  • (2) In section 3 (functions of the Director), in subsection (2)(f)(ii) for “House of Lords” substitute “ Supreme Court ”.
  • (3) 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 ”.
  • (4) In section 20 (regulations) at subsection (8)(b) for “House of Lords” substitute “ Supreme Court ”.

Transport Act 1985 (c. 67)

42
  • (1) The Transport Act 1985 is amended as follows.
  • (2) In section 9 (appeals against traffic regulation conditions) in subsection (9) for “House of Lords” in each place substitute “ Supreme Court ”.
  • (3) 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) ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

43

In section 22(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (re-employment of retired judges)—

  • (a) after paragraph (a) insert—

(aa) has held office as a Justice of the Supreme Court or as President or Deputy President of that Court and who, at the time of being appointed to the office in question, was eligible for appointment as a judge in the Court of Session;

; and

  • (b) omit the words “, in either case,”.

Insolvency Act 1986 (c. 45)

44

In the Insolvency Act 1986, in section 277(3)(b) (petition based on criminal bankruptcy order)—

  • (a) for “House of Lords” substitute “ Supreme Court ”;
  • (b) for the words from “section 40(5)” to the end of the section substitute

subsection (4). (4) For the purposes of subsection (3)(b) an appeal to the Supreme Court shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this subsection an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

45

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 ”.

Criminal Justice Act 1987 (c. 38)

46

In the Criminal Justice Act 1987, in section 11 (restrictions on reporting)—

  • (a) in subsection (5)(c) for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (6)—
  • (i) for “The House of Lords” substitute “ The Supreme Court ”;
  • (ii) for “that House” substitute “ the Supreme Court ”;
  • (c) in subsections (7) and (8) for “House of Lords” in each place substitute “ Supreme Court ”.

Income and Corporation Taxes Act 1988 (c. 1)

47
  • (1) The Income and Corporation Taxes Act 1988 is amended as follows.
  • (2) In section 705A (statement of case by tribunal)—
  • (a) in subsection (8) for “House of Lords” in each place substitute “ Supreme Court ”;
  • (b) in subsection (9—
  • (i) for “House of Lords” substitute “ Supreme Court ”;
  • (ii) for the words from “unless leave has been given” to the end of the subsection substitute “ except with the leave of the Court of Appeal or of the Supreme Court. ”;
  • (c) in subsection (12) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In section 705B (proceedings in Northern Ireland), in subsection (2) for “House of Lords” substitute “ Supreme Court ”.

Criminal Justice Act 1988 (c. 33)

48
  • (1) The Criminal Justice Act 1988 is amended as follows.
  • (2) In section 36 (reviews of sentencing)—
  • (a) in subsection (5)—
  • (i) for “the House of Lords for their opinion” substitute “ the 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 (6) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”;
  • (c) in subsection (7) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In Schedule 3 (reviews of sentencing_supplementary)—
  • (a) in paragraphs 4 and 5 for the words “House of Lords” in each place substitute “ Supreme Court ”;
  • (b) in paragraph 9 for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”;
  • (c) in paragraph 10 for “House of Lords” substitute “ Supreme Court ”;
  • (d) in paragraph 11—
  • (i) for “the House of Lords” in the first place substitute “ the Supreme Court ”;
  • (ii) for “the Court or the House” substitute “ the Court of Appeal or the Supreme Court ”;
  • (iii) for “such officer as may be prescribed by order of the House of Lords” substitute “ under Supreme Court Rules ”.

Court of Session Act 1988 (c. 36)

49
  • (1) The Court of Session Act 1988 is amended as follows.
  • (2) In section 24 (appeals in exchequer cases), in the sidenote and in subsection (1), for “House of Lords” substitute “ Supreme Court ”.
  • (3) In section 27(5) (special cases), for “House of Lords” substitute “ Supreme Court ”.
  • (4) In section 32(5) (appeals from sheriff on matters of law only), for “House of Lords” substitute “ Supreme Court ”.
  • (5) In the heading before section 40, for “House of Lords” substitute “ Supreme Court ”.
  • (6) In section 40 (appealable interlocutors)—
  • (a) in subsection (1), for “House of Lords” in each place substitute “ Supreme Court ”;
  • (b) in subsection (2)—
  • (i) for “the Court” in each place substitute “ the Inner House ”; and
  • (ii) for “House of Lords” in each place substitute “ Supreme Court ”; and
  • (c) in each of subsections (3) and (4), for “House of Lords” substitute “ Supreme Court ”.
  • (7) In section 41 (interim possession, execution and expenses), in subsections (1) and (2), for “House of Lords” in each place substitute “ Supreme Court ”.
  • (8) In section 42 (order on payment of interest) and in its sidenote, for “House of Lords” substitute “ Supreme Court ”.
  • (9) In section 43 (interest and expenses where appeal dismissed for want of prosecution), for “House of Lords” substitute “ Supreme Court ”.
  • (10) In section 52(3) (appeals relating to estate duty), for “House of Lords” substitute “ Supreme Court ”.

Road Traffic Offenders Act 1988 (c. 53)

50

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 ”.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

51

In the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, in Article 10 (restrictions on reporting)—

  • (a) in paragraph (5)(c), for “House of Lords” substitute “ Supreme Court ”;
  • (b) in paragraph (6), for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”;
  • (c) in paragraphs (7) and (8), for “House of Lords” in each place substitute “ Supreme Court ”.

Extradition Act 1989 (c. 33)

52

In section 10 of the Extradition Act 1989 (statement of case by court) for “House of Lords” in each place substitute “ Supreme Court ”.

New Roads and Street Works Act 1991 (c. 22)

53

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 ”.

Child Support Act 1991 (c. 48)

54

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 ”.

Water Resources Act 1991 (c. 57)

55

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 ”.

Land Drainage Act 1991 (c. 59)

56

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 ”.

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

57

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 ”.

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

58

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 ”.

Tribunals and Inquiries Act 1992 (c. 53)

59

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 ”.

Arbitration Act 1996 (c. 23)

60

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 ”.

Criminal Procedure and Investigations Act 1996 (c. 25)

61
  • (1) The Criminal Procedure and Investigations Act 1996 is amended as follows.
  • (2) In section 36 (appeals to the House of Lords), in sidenote for “House of Lords” substitute “ Supreme Court ”.
  • (3) In section 37 (restrictions on reporting)—
  • (a) in subsection (4)(c), for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (5), for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”;
  • (c) in subsections (6) and (7), for “House of Lords” substitute “ Supreme Court ”.

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

62

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 ”.

Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))

63

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 ”.

Social Security Act 1998 (c. 14)

64

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 ”.

Competition Act 1998 (c. 41)

65
  • (1) The Competition Act 1998 is amended as follows.
  • (2) In section 38 (the appropriate level of a penalty) for subsection (10)(d) substitute—

(d) the Supreme Court.

  • (3) In section 47A (monetary claims before Tribunal) in subsection (7)(d) for “House of Lords” substitute “ Supreme Court ”.
  • (4) In section 58A (findings of infringements) in subsection (4)(c) for “House of Lords” substitute “ Supreme Court ”.
  • (5) In Schedule 13 (transitional provisions and savings) in paragraph 10 for sub-paragraph (6)(e) substitute—

(e) the Supreme Court.

Human Rights Act 1998 (c. 42)

66
  • (1) The Human Rights Act 1998 is amended as follows.
  • (2) In section 4 (declaration of incompatibility) in subsection (5) for paragraph (a) substitute—

(a) the Supreme Court;

  • (3) In section 5 (right of Crown to intervene) in subsections (4) and (5) for “House of Lords” in each case substitute “ Supreme Court ”.
  • (4) In section 6 (acts of public authorities) omit subsection (4).

Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

67

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 ”.

Access to Justice Act 1999 (c. 22)

68
  • (1) The Access to Justice Act 1999 is amended as follows.
  • (2) In section 57 (assignment of appeals to Court of Appeal) in subsection (1) for “House of Lords” substitute “Supreme Court”.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

69

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 ”.

...

70

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Terrorism Act 2000 (c. 11)

71

In the Terrorism Act 2000, in section 6 (further appeal) in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

Child Support, Pensions and Social Security Act 2000 (c. 19)

72

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—

(d) the Supreme Court; or

Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)

73

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 ”.

Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

74

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—

(c) the Supreme Court; or

International Criminal Court Act 2001 (c. 17)

75

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 ”.

Armed Forces Act 2001 (c. 19)

76

In the Armed Forces Act 2001, in section 30 (conditional release from custody) in subsection (2)(b) for “House of Lords” substitute “ Supreme Court ”.

Proceeds of Crime Act 2002 (c. 29)

77
  • (1) The Proceeds of Crime Act 2002 is amended as follows.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) In section 85 (proceedings) in subsection (6) for “House of Lords” in each place substitute “ Supreme Court ”.
  • (5) 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 ”.
  • (6) 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 ”.
  • (7) 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 ”.
  • (8) In section 233 (proceedings) in subsection (6) for “House of Lords” in each place substitute “ Supreme Court ”.
  • (9) 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 ”.

Licensing Act 2003 (c. 17)

78

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 ”.

Crime (International Co-operation) Act 2003 (c. 32)

79

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 ”.

Courts Act 2003 (c. 39)

80
  • (1) The Courts Act 2003 is amended as follows.
  • (2) In section 88 (extension of time for criminal appeals)—
  • (a) in the sidenote and in subsections (1) and (4) for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (5)(b) for “Court” substitute “ Court of Appeal ”;
  • (c) in subsection (6) in the inserted section 34(1A)(b) of the Criminal Appeal Act 1968 for “Court” substitute “ Court of Appeal ”.
  • (3) In section 91 (extension of time for appeals from Courts-Martial Appeals Court)—
  • (a) in subsection (1) for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (2)(b) for “Court” substitute “ Appeal Court ”;
  • (c) in subsection (3) in the inserted section 40(1A)(b) of the Courts-Martial (Appeals) Act 1968 for “Court” substitute “ Appeal Court ”.

Extradition Act 2003 (c. 41)

81
  • (1) The Extradition Act 2003 is amended as follows.
  • (2) 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 ”.
  • (3) 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 ”.
  • (4) In each of the following provisions for “House of Lords” in each place substitute “ Supreme Court ”
  • (a) section 30 (detention pending conclusion of appeal under section 28);
  • (b) section 33 (powers on an appeal) and the sidenote to that section;
  • (ba) section 33A (detention pending conclusion of certain appeals under section 32);
  • (c) section 36 (extradition following appeal);
  • (d) section 43 (withdrawal of warrant while appeal pending) and the sidenote to that section;
  • (e) section 60 (costs);
  • (f) section 61 (costs where discharge ordered);
  • (g) section 107 (detention pending conclusion of appeal under section 105);
  • (h) section 112 (detention pending conclusion of appeal under section 110);
  • (i) section 115 (powers on appeal under section 114) and the sidenote to that section;
  • (ia) section 115A (detention pending conclusion of certain appeals under section 114);
  • (j) section 118 (extradition following appeal);
  • (k) section 125 (withdrawal of request while appeal pending) and the sidenote to that section;
  • (l) section 133 (costs where extradition ordered);
  • (m) section 134 (costs where discharge ordered);
  • (n) section 184 (grant of free legal aid: Northern Ireland);
  • (o) section 208 (national security);
  • (p) section 213 (disposal of Part 1 warrant and extradition request);
  • (q) section 214 (disposal of charge).
  • (5) In section 185 (free legal aid: supplementary)—
  • (a) in subsection (4) for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (5) for the words from “allowed by” to the end substitute “ by the Supreme Court or under Supreme Court Rules. ”

Criminal Justice Act 2003 (c. 44)

82
  • (1) The Criminal Justice Act 2003 is amended as follows.
  • (2) In section 50 (application of Part 7 to Northern Ireland)—
  • (a) in subsection (8) in the substituted section 47(6) for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (14), in the new subsection (3B) of section 41 of the Criminal Procedure and Investigations Act 1996 as inserted by subsection (4) of section 48A (reporting restrictions) for “House of Lords” substitute “ Supreme Court ” and for “that House” in each place substitute “ the Supreme Court ”;
  • (c) in subsection (14), in subsections (5) and (6) of section 48A for “House of Lords” substitute “ Supreme Court ”.
  • (3) In section 71 (restrictions on reporting)—
  • (a) in subsection (3) for “House of Lords” substitute “ Supreme Court ”;
  • (b) in subsection (4) for “House of Lords” substitute “ Supreme Court ” and for “that House” in each place substitute “ the Supreme Court ”;
  • (c) in subsections (5) and (6) for “House of Lords are” substitute “ Supreme Court is ”.
  • (4) 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 ”.
  • (5) In section 274 (further provision about transferred life prisoners) for “House of Lords” in each place substitute “ Supreme Court ”.
  • (6) In Schedule 22 (mandatory life sentences) in paragraph 14(2), (4) and (5) for “House of Lords” substitute “ Supreme Court ”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

83

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 ”.

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

84

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 ”.

Part 2 — Devolution jurisdiction

85
  • (1) The Legal Aid (Scotland) Act 1986 is amended as follows.
  • (2) In section 21(1)(c) (scope and nature of criminal legal aid), for “Judicial Committee of the Privy Council” substitute “ Supreme Court ”.
  • (3) 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 ”.
  • (4) 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 ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

86

In section 288B of the Criminal Procedure (Scotland) Act 1995 (appeal against a determination of a devolution issue)—

  • (a) in the sidenote and in subsection (1), for “Judicial Committee of the Privy Council” substitute “ Supreme Court ”; and
  • (b) in subsection (3), for “Judicial Committee” substitute “ Supreme Court ”.

Government of Wales Act 1998 (c. 38)

87

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88

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89

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90

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91

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92

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Scotland Act 1998 (c. 46)

93

The Scotland Act 1998 is amended as follows.

94

In section 15 (disqualification from membership of the Parliament) in subsection (1) omit paragraph (c).

95

In section 32 (submission of Bills for Royal Assent)—

  • (a) in subsection (2)(b) for “Judicial Committee” substitute “ Supreme Court ”;
  • (b) in subsection (3)(a) for “Judicial Committee have” substitute “ Supreme Court has ”;
  • (c) in subsection (4) omit the definition of “Judicial Committee”.
96
  • (1) In the sidenote to section 33 (scrutiny of Bills by the Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (2) In subsection (1) of that section for “Judicial Committee” substitute “ Supreme Court ”.
97

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

98

In section 35 (power of Secretary of State to intervene in certain cases), in subsection (3)(c) for “Judicial Committee” substitute “ Supreme Court ”.

99

In section 36 (stages of Bills), in subsection (4) for “Judicial Committee decide” substitute “ Supreme Court decides ”.

100

In section 95 (appointment and removal of judges)—

  • (a) for subsection (9)(b) substitute—

(b) for the appointment to chair the tribunal of a member of the Judicial Committee of the Privy Council who holds or has held high judicial office,

  • (b) in subsection (11), before the definition of “provision” insert—

high judicial office” has the meaning given by section 60 of the Constitutional Reform Act 2005,

101

Omit section 103 (proceedings before the Judicial Committee).

102

In section 127 (index of defined expressions) omit the entry for “Judicial Committee”.

103
  • (1) Part 2 of Schedule 6 (proceedings in Scotland on devolution issues) is amended as follows.
  • (2) In paragraph 7 (references to Inner House of Court of Session) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In the heading before paragraph 10 (references from superior courts to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (4) In paragraph 10 (references from Court of Session) for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In paragraph 11 (references from High Court of Justiciary) for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In the heading before paragraph 12 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (7) In paragraph 12 (appeal from Inner House of Court of Session) for “Judicial Committee” substitute “ Supreme Court ”.
  • (8) In paragraph 13 (other appeals from superior courts)—
  • (a) for “House of Lords” substitute “ Supreme Court apart from this paragraph ”;
  • (b) for “Judicial Committee” in each place substitute “ Supreme Court ”;
  • (c) for “leave” in the first two places substitute “ permission ”;
  • (d) for “concerned” substitute “ from which the appeal lies ”;
  • (e) for “special leave” substitute “ permission ”.
104
  • (1) Part 3 of Schedule 6 (proceedings in England and Wales on devolution issues) is amended as follows.
  • (2) In paragraph 19 (reference in civil proceedings), in sub-paragraph (2)(a) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In paragraph 21 (reference in criminal proceedings), for “House of Lords” substitute “ Supreme Court ”.
  • (4) In the heading before paragraph 22 (references from Court of Appeal to Judicial Committee), for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In paragraph 22, for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In the heading before paragraph 23 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (7) In paragraph 23—
  • (a) for “Judicial Committee” in each place substitute “ Supreme Court ”;
  • (b) for “leave” in the first two places substitute “ permission ”;
  • (c) for “special leave” substitute “ permission ”.
105
  • (1) Part 4 of Schedule 6 (proceedings in Northern Ireland on devolution issues) is amended as follows.
  • (2) In paragraph 28 (reference to Court of Appeal) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In the heading before paragraph 30 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (4) In paragraph 30 for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In the heading before paragraph 31 (appeals from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In paragraph 31—
  • (a) for “Judicial Committee” in each place substitute “ Supreme Court ”;
  • (b) for “leave” in the first two places substitute “ permission ”;
  • (c) for “special leave” substitute “ permission ”.
106
  • (1) Part 5 of Schedule 6 (devolution issues: general) is amended as follows.
  • (2) Omit paragraph 32 (proceedings in the House of Lords) and the heading before it.
  • (3) In the heading before paragraph 33 (direct references to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (4) In paragraph 33 (law officer requiring court to refer devolution issue) for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In paragraph 34 (law officer referring devolution issues) for “Judicial Committee” substitute “ Supreme Court ”.
107

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).

Northern Ireland Act 1998 (c. 47)

108

The Northern Ireland Act 1998 is amended as follows.

109
  • (1) In the sidenote to section 11 (scrutiny of Bills by the Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (2) In subsection (1) of that section for “Judicial Committee” substitute “ Supreme Court ”.
  • (3) In subsection (4) of that section—
  • (a) for “Judicial Committee decide” substitute “ Supreme Court decides ”;
  • (b) for “their decision” substitute “ its decision ”.
110

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

111

In section 13 (stages of Bills), in subsection (5)(a) for “Judicial Committee decide” substitute “ Supreme Court decides ”.

112

In section 14 (submission by Secretary of State of Bills for Royal Assent)—

  • (a) in subsection (2)(b) for “Judicial Committee” substitute “ Supreme Court ”;
  • (b) in subsection (3)(a) for “Judicial Committee have” substitute “ Supreme Court has ”.
113

Omit section 82 (proceedings before the Judicial Committee).

114

In section 98 (interpretation), in subsection (1) omit the entry for “Judicial Committee”.

115
  • (1) Part 2 of Schedule 10 (proceedings in Northern Ireland on devolution issues) is amended as follows.
  • (2) In paragraph 7 (reference to Court of Appeal) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In the heading before paragraph 9 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (4) In paragraph 9 for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In the heading before paragraph 10 (appeals from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In paragraph 10—
  • (a) for “Judicial Committee” in each place substitute “ Supreme Court ”;
  • (b) for “leave” in the first two places substitute “ permission ”;
  • (c) for “special leave” substitute “ permission ”.
116
  • (1) Part 3 of Schedule 10 (proceedings in England and Wales on devolution issues) is amended as follows.
  • (2) In paragraph 16 (reference in civil proceedings), in sub-paragraph (2)(a) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In paragraph 18 (reference in criminal proceedings) for “House of Lords” substitute “ Supreme Court ”.
  • (4) In the heading before paragraph 19 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In paragraph 19 for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In the heading before paragraph 20 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (7) In paragraph 20—
  • (a) for “Judicial Committee” in each place substitute “ Supreme Court ”;
  • (b) for “leave” in the first two places substitute “ permission ”;
  • (c) for “special leave” substitute “ permission ”.
117
  • (1) Part 4 of Schedule 10 (proceedings in Scotland on devolution issues) is amended as follows.
  • (2) In paragraph 25 (references to Inner House of Court of Session) for “House of Lords” substitute “ Supreme Court ”.
  • (3) In the heading before paragraph 28 (references from superior courts to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (4) In paragraph 28 (references from Court of Session) for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In paragraph 29 (references from High Court of Justiciary) for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In the heading before paragraph 30 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (7) In paragraph 30 (appeal from Inner House of Court of Session) for “Judicial Committee” substitute “ Supreme Court ”.
  • (8) In paragraph 31 (appeal from other superior courts)—
  • (a) for “House of Lords” substitute “ Supreme Court apart from this paragraph ”;
  • (b) for “Judicial Committee” in each place substitute “ Supreme Court ”;
  • (c) for “leave” in the first two places substitute “ permission ”;
  • (d) for “special leave” substitute “ permission ”.
118
  • (1) Part 5 of Schedule 10 (devolution issues: general) is amended as follows.
  • (2) Omit paragraph 32 (proceedings in the House of Lords) and the heading before it.
  • (3) In the heading before paragraph 33 (direct references to the Judicial Committee) for “Judicial Committee” substitute “ Supreme Court ”.
  • (4) In paragraph 33 (law officers etc requiring court to refer devolution issue) for “Judicial Committee” substitute “ Supreme Court ”.
  • (5) In paragraph 34 (law officers etc referring devolution issue) for “Judicial Committee” substitute “ Supreme Court ”.
  • (6) In paragraph 39 (bail and legal aid in criminal proceedings), in sub-paragraphs (2) to (4)—
  • (a) for “Court” in each place substitute “ Court of Appeal ”;
  • (b) for “Judicial Committee” and “Committee” substitute “ Supreme Court ”.
119

In paragraph 40 (application of paragraph 39 in particular circumstances), in sub-paragraphs (a) and (b)—

  • (a) for “Judicial Committee” and “Committee” in each place substitute “ Supreme Court ”;
  • (b) for “Court” substitute “ Court of Appeal ”.

SCHEDULE 10 — Proceedings under jurisdiction transferred to Supreme Court

Interpretation

1
  • (1) In this Schedule “transferred jurisdiction” means any jurisdiction of—
  • (a) the House of Lords, or
  • (b) the Judicial Committee of the Privy Council,

that is transferred to the Supreme Court by virtue of this Act.

  • (2) In relation to transferred jurisdiction—
  • original court” means (as appropriate)—the House of Lords, orthe Judicial Committee of the Privy Council;
  • transfer day” means the day when the jurisdiction is transferred to the Supreme Court.
2

In this Schedule “transferred proceedings” means proceedings which were begun before the transfer day in the original court under transferred jurisdiction.

Proceedings

3
  • (1) As from the transfer day, transferred proceedings may be continued in the Supreme Court as if they had been begun in that court.
  • (2) This paragraph is subject to Supreme Court Rules (whether made before or after the transfer date).
4
  • (1) 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.
  • (2) This paragraph is subject to Supreme Court Rules (whether made before or after the transfer date).
5
  • (1) 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.
  • (2) Accordingly, after the transfer day, further proceedings may be taken in the Supreme Court in respect of such an act, judgment or order.

Fees

6
  • (1) 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.
  • (2) As from the transfer day, the fee is payable as if it were due under the corresponding Supreme Court Rules.

Funds

7
  • (1) This paragraph applies to the investments and money which constitute the funds in court of—
  • (a) the House of Lords, or
  • (b) the Judicial Committee of the Privy Council,

that are held in relation to transferred proceedings.

  • (2) 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.
  • (3) 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).
8
  • (1) 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.
  • (2) 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.
9
  • (1) 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—
  • (a) the liability is in respect of sums which at one time formed part of funds in court held in relation to proceedings under transferred jurisdiction but which ceased to do so before the transfer day;
  • (b) the liability is outstanding immediately before the transfer day.
  • (2) On the transfer day the liability is, by virtue of this paragraph and without any transfer or assignment, vested in the accounting officer.
  • (3) Any amounts required to meet any such liability are to be paid out of the Consolidated Fund to the accounting officer.
10

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.

SCHEDULE 11 — Renaming of the Supreme Courts of England and Wales and Northern Ireland

Part 1 — Citation of Acts and Rules

1
  • (1) The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981.
  • (2) For the words “Supreme Court Act 1981” wherever they occur in any enactment substitute “Senior Courts Act 1981”.
2
  • (1) The Supreme Court (Offices) Act 1997 (c. 69) may be cited as the Senior Courts (Offices) Act 1997.
  • (2) For the words “Supreme Court (Offices) Act 1997” wherever they occur in any enactment substitute “ Senior Courts (Offices) Act 1997 ”.
3
  • (1) 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.
  • (2) 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 ”.
  • (3) The Rules of the Supreme Court (Northern Ireland) 1980 may be cited as the Rules of the Court of Judicature (Northern Ireland) 1980.
  • (4) 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 ”.

Part 2 — Miscellaneous amendments: Supreme Court of England and Wales

4
  • (1) In each of the enactments listed in sub-paragraph (3) for “Supreme Court” or “Supreme Court of Judicature” in each place substitute “Senior Courts”.
  • (2) This paragraph does not apply to those words—
  • (a) in the short title or title of any enactment or group of enactments,
  • (b) where they are amended by paragraph 3 or 5 of this Schedule, or
  • (c) (unless otherwise provided) as inserted by any other provision of this Act.
  • (3) 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 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 Registered Designs Act 1949 (c. 88)
  • the Justices of the Peace Act 1949 (c. 101)
  • the Mines and Quarries Act 1954 (c. 70)
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • the Public Records Act 1958 (c. 51)
  • the Administration of Justice Act 1965 (c. 2), including any amendment to—(i) the Defence Act 1842 (c. 94)(ii) the Lands Clauses Consolidation Act 1845 (c. 18)(iii) the Consolidated Fund (Permanent Charges Redemption) Act 1873 (c. 57)(iv) 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)

Part 3 — Miscellaneous amendments: Supreme Court of Judicature of Northern Ireland

Solicitor of the Supreme Court

5

For the words in the first column wherever they occur in any enactment substitute the words in the second column—

Miscellaneous

6
  • (1) 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”.
  • (2) This paragraph does not apply to those words—
  • (a) in the short title or title of any enactment or group of enactments,
  • (b) where they are amended by paragraph 3 or 5 of this Schedule, or
  • (c) (unless otherwise provided) as inserted by any other provision of this Act.
  • (3) 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 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 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—(i) the Lands Clauses Consolidation Act 1845 (c. 18), except section 3(ii) the Consolidated Fund (Permanent Charges Redemption) Act 1873 (c. 57)(iii) 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 Medical Act 1983 (c. 54)
  • the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • 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))

Part 4 — Specific Amendments

Chelsea and Kilmainham Hospitals Act 1826 (c. 16)

7
  • (1) The Chelsea and Kilmainham Hospitals Act 1826 is amended as follows.
  • (2) For “Supreme Court” in each place substitute “ Senior Courts ”.
  • (3) In sections 46, 49 and 50 for “the said court” in each place substitute “ the said courts ”.

...

8

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

Lands Clauses Consolidation Act 1845 (c. 18)

9
  • (1) The Lands Clauses Consolidation Act 1845 is amended as follows.
  • (2) For “Supreme Court” in each place, except in section 3, substitute “ Senior Courts ”.
  • (3) In section 3 for the definition of “Supreme Court” substitute— “ 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. ”

Landed Estates Court (Ireland) Act 1858 (c. 72)

10
  • (1) The Landed Estates Court (Ireland) Act 1858 is amended as follows.
  • (2) In section 56 (purchase money)—
  • (a) in the side-note for “Supreme Court” substitute “ Court of Judicature ”;
  • (b) for “Supreme Court of Judicature of Northern Ireland (“the Supreme Court”)” substitute “ Court of Judicature ”.
  • (3) In section 57 (persons interested may bid at sale, etc) for “Supreme Court” in each place substitute “ Court of Judicature ”.
  • (4) In section 70 (power to order money to be paid into Court)—
  • (a) for “Supreme Court or (where the case may require) the Supreme Court of Judicature of England” substitute “ Court of Judicature or (where the case may require) the Senior Courts ”;
  • (b) for “such respective Court” substitute “ the Court of Judicature or the Senior Courts respectively ”;
  • (c) after “as such Court” insert “ or Courts ”.

Defence Act 1860 (c. 112)

11
  • (1) The Defence Act 1860 is amended as follows.
  • (2) 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 ”.
  • (3) In section 23 (orders concerning money paid into Supreme Court)—
  • (a) for “Supreme Court” substitute “ Senior Courts ”;
  • (b) for “the said Court” substitute “ the said Courts ”.

The Great Seal (Offices) Act 1874 (c. 81)

12

In the Great Seal (Offices) Act 1874, in section 5 (transfer of duties of cursitors and clerk of the petty bag)—

  • (a) for “of the Supreme Court” substitute “ of the Senior Courts ”;
  • (b) for the words from “under the Supreme Court” to “amending the same” substitute “ within the meaning given in the Interpretation Act 1978 ”.

Commons Act 1876 (c. 56)

13

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 ”.

Public Offices Fees Act 1879 (c. 58)

14

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, ”.

Commissioners for Oaths Act 1889 (c. 10)

15
  • (1) The Commissioners for Oaths Act 1889 is amended as follows.
  • (2) For “Supreme Court” in each place, except in section 11, substitute “ Senior Courts ”.
  • (3) In section 11 omit the definition of “Supreme Court”.

Notice of Accidents Act 1894 (c. 28)

16
  • (1) The Notice of Accidents Act 1894 is amended as follows.
  • (2) In section 3(4) for “master of the Supreme Court” substitute “ Master (Taxing Office) of the Court of Judicature ”.
  • (3) Omit section 8.

London Building Acts (Amendment) Act 1939 (c. xcvii)

17
  • (1) The London Building Acts (Amendment) Act 1939 is amended as follows.
  • (2) In section 105 (payment of surplus of proceeds into court) for “Supreme Court of Judicature” substitute “ Senior Courts ”.
  • (3) 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 ”.

Registered Designs Act 1949 (c. 88)

18

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 ”.

Maintenance Orders Act 1950 (c. 37)

19
  • (1) The Maintenance Orders Act 1950 is amended as follows.
  • (2) 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 ”.
  • (3) In section 18(1B) for “Supreme Court in England or Northern Ireland” substitute “ Senior Courts or the Court of Judicature ”.

Northern Ireland Act 1962 (c. 30)

20

In the Northern Ireland Act 1962, in section 29 (supplemental) in subsection (1) omit the definition of “the Supreme Court”.

Solicitors Act 1974 (c. 47)

21
  • (1) The Solicitors Act 1974 is amended as follows.
  • (2) In section 6 (keeping of the roll) in subsection (1) for “Supreme Court” substitute “ Senior Courts ”.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) 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 ”.
  • (5) In section 50 (jurisdiction over solicitors)—
  • (a) in the side-note and subsection (1) for “Supreme Court” substitute “ Senior Courts ”;
  • (b) in subsection (2) for “Supreme Court was” substitute “ Senior Courts were ”.
  • (6) In section 87 (interpretation) in the definitions of “contentious business”, “the roll”, and “solicitor” for “Supreme Court” substitute “ Senior Courts ”.

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

22

In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable)—

  • (a) in subsection (1)(a) for “Supreme Court” substitute “ Senior Courts, in the Court of Judicature ”;
  • (b) in subsection (5), omit“ “the Supreme Court””.

Patents Act 1977 (c. 37)

23
  • (1) The Patents Act 1977 is amended as follows,
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) 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 ”.

Interpretation Act 1978 (c. 30)

24

In the Interpretation Act 1978, in Schedule 1 (words and expressions defined)—

  • (a) for the definition of “Supreme Court” substitute—

Supreme Court” means the Supreme Court of the United Kingdom.

  • (b) insert the following definitions at the appropriate places—
  • Court of Judicature” means the Court of Judicature of Northern Ireland.

Senior Courts” means the Senior Courts of England and Wales.

Judicial Pensions Act 1981 (c. 20)

25
  • (1) The Judicial Pensions Act 1981 is amended as follows.
  • (2) In the table in section 1 (interpretation) in each place—
  • (a) for “Supreme Court of England and Wales” substitute “ Senior Courts ”;
  • (b) for “Supreme Court of Northern Ireland” substitute “ Court of Judicature ”.
  • (3) 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 ”.
  • (4) In Schedule 1 (certain officers, and President of Transport Tribunal) for “Supreme Court” in each place substitute “ Senior Courts ”.

Supreme Court Act 1981 (c. 54)

26
  • (1) The Supreme Court Act 1981 is amended as follows.
  • (2) For “Supreme Court” in each place substitute “ Senior Courts ”.
  • (3) In section 14, in the side-note for “Supreme” substitute “ Senior Courts ”.

Administration of Justice Act 1982 (c. 53)

27
  • (1) The Administration of Justice Act 1982 is amended as follows.
  • (2) In the following provisions for “Supreme Court” or “Supreme Court of Judicature” substitute “ Court of Judicature ”
  • (a) section 23(1)(c);
  • (b) section 25(3)(c);
  • (c) section 39(5)(b);
  • (d) section 42(5)(b).
  • (3) 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 ”.

Representation of the People Act 1983 (c. 2)

28
  • (1) The Representation of the People Act 1983 is amended as follows.
  • (2) In section 157 (application to Northern Ireland)—
  • (a) in each place for “Supreme Court (Queen's Bench Division)” substitute “ Senior Courts (Queen's Bench Division) ”;
  • (b) in subsection (8) for “Supreme Court of Judicature” substitute “ Court of Judicature ”.
  • (3) In the following provisions for “Supreme Court” substitute “ Senior Courts ”
  • (a) section 182(1);
  • (b) section 183(1).

Income and Corporation Taxes Act 1988 (c. 1)

29

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

Taxation of Chargeable Gains Act 1992 (c. 12)

30
  • (1) The Taxation of Chargeable Gains Act 1992 is amended as follows.
  • (2) In section 61 (funds in court) in subsection (3)—
  • (a) for “Supreme Court” in paragraph (a) substitute “ Senior Courts ”;
  • (b) for “Supreme Court of Judicature in England” substitute “ Senior Courts ”;
  • (c) for “Supreme Court of Judicature of Northern Ireland” in each place substitute “ Court of Judicature ”.

Trade Marks Act 1994 (c. 26)

31

In the Trade Marks Act 1994 in section 69 (evidence before registrar) for “Supreme Court” substitute “ Senior Courts or of the Court of Judicature ”.

Supreme Court (Offices) Act 1997 (c. 69)

32

In the Supreme Court (Offices) Act 1997, for “Supreme Court” in each place substitute “ Senior Courts ”.

Northern Ireland Act 1998 (c. 47)

33
  • (1) The Northern Ireland Act 1998 is amended as follows.
  • (2) In Schedules 2 and 3 for “Supreme Court of Judicature” substitute “ Court of Judicature ”.
  • (3) In paragraph 12(1) of Schedule 12 for “Supreme Court of Judicature of Northern Ireland” substitute “ Court of Judicature ”.

Freedom of Information Act 2000 (c. 36)

34

In Part 7 of Schedule 1 to the Freedom of Information Act 2000—

  • (a) omit “The Northern Ireland Supreme Court Rules Committee.”;
  • (b) insert in the appropriate place “ The Northern Ireland Court of Judicature Rules Committee. ”.

Criminal Justice and Court Services Act 2000 (c. 43)

35

In the following provisions of the Criminal Justice and Court Services Act 2000 for “senior court” in each place substitute “ superior court ”

  • (a) section 28(2)(b) and (3)(b);
  • (b) section 29(2)(b) and (3)(b);
  • (c) section 29A(1)(b);
  • (d) section 30(1).

SCHEDULE 12 — The Judicial Appointments Commission

Part 1 — The Commissioners

The Commissioners

1

The Commission consists of—

  • (a) a chairman, and
  • (b) such number of other Commissioners as the Lord Chancellor may specify by regulations made with the agreement of the Lord Chief Justice,

appointed by Her Majesty on the recommendation of the Lord Chancellor.

2
  • (1) The chairman must be a lay member.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3

A person must not be appointed as a Commissioner if he is employed in the civil service of the State.

3A

The number of Commissioners who are holders of judicial office must be less than the number of Commissioners (including the chairman) who are not holders of judicial office.

3B
  • (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the composition of the Commission.
  • (2) The power to make regulations under this paragraph is to be exercised so as to ensure that the Commission's members include—
  • (a) holders of judicial office,
  • (b) persons practising or employed as lawyers, and
  • (c) lay members.
  • (3) Regulations under this paragraph may (in particular)—
  • (a) make provision about the number, maximum number or minimum number of Commissioners of a particular description;
  • (b) make provision about eligibility for appointment as a Commissioner, eligibility for appointment as the chairman or eligibility for appointment as a Commissioner of a particular description.
3C

The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice—

  • (a) define “lay member”, in relation to the Commission, for the purposes of this Part of this Act;
  • (b) define “holder of judicial office” for the purposes of paragraphs 3A, 3B(2)(a), 11 and 20(5).
4

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

5

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

6

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

6A
  • (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision for or in connection with the selection or nomination of persons to be recommended for appointment under paragraph 1.
  • (2) Regulations under this paragraph may (in particular)—
  • (a) provide for selection or nomination to be by a person, or body, specified in or appointed under the regulations;
  • (b) make provision about selection procedure, including—
  • (i) provision for a selector to determine the selector's own procedure or for selection procedure to be otherwise determined under the regulations;
  • (ii) provision as to matters to which a selector is to, or may or may not, have regard;
  • (iii) provision requiring that selection is carried out with a view to ensuring that there is a Commissioner with special knowledge of a particular geographical area or of a particular matter;
  • (c) make provision for the payment to selectors of remuneration, fees or expenses.
6B

The powers to make regulations under this Part of this Schedule are to be exercised with a view to ensuring, so far as may be practicable, that the Commissioners who are lay members include at any time at least one person who appears to have special knowledge of Wales.

Vice-chairman

11
  • (1) The most senior of the holders of judicial office who are Commissioners is vice-chairman of the Commission.
  • (2) For the purposes of sub-paragraph (1) seniority is to be determined in accordance with regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.
  • (3) In the absence of the chairman, the vice-chairman may exercise the chairman's functions other than—
  • (a) any functions as a member of a commission convened under section 26(5) or (5A) or of a panel appointed under section 70(1), 75B(1) or 79(1) (including functions of chairing such a commission or panel), and
  • (b) any functions specified in regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.

Term of office etc. of Commissioners

12
  • (1) A Commissioner must be appointed for a fixed period.
  • (2) But an appointment is subject to paragraphs 13 to 15.
13
  • (1) The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about the periods for which a Commissioner may be appointed or hold office.
  • (2) Regulations under this paragraph may (in particular) make provision about—
  • (a) the number of times a person may be appointed as a Commissioner;
  • (b) the length of any particular appointment;
  • (c) the total length of a person's appointments or the total period for which a person may hold office as a Commissioner.
14
  • (1) The Lord Chancellor may by regulations made with the agreement of the Lord Chief Justice—
  • (a) provide for a Commissioner to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner;
  • (b) provide for a Commissioner other than the chairman to cease to be a Commissioner on ceasing, or on ceasing for a particular reason, to be eligible for appointment as a Commissioner of a particular description;
  • (c) provide for the chairman—
  • (i) to cease to be the chairman without ceasing to be a Commissioner, or
  • (ii) to cease to be the chairman and cease to be a Commissioner,

on ceasing, or on ceasing for a particular reason, to be eligible for appointment as the chairman;

  • (d) confer power to disapply or suspend the operation of provision under paragraph (a), (b) or (c) in individual cases.
  • (4) A Commissioner ceases to be a Commissioner if he becomes employed in the civil service of the State.
15
  • (1) A Commissioner may at any time—
  • (a) resign his office by notice in writing addressed to Her Majesty;
  • (b) be removed from office by Her Majesty on the recommendation of the Lord Chancellor.
  • (2) 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) has failed without reasonable excuse to discharge the functions of his office for a continuous period of at least six months,
  • (b) has been convicted of an offence,
  • (c) is an undischarged bankrupt or a person in relation to whom a moratorium period under a debt relief order applies (under Part 7A of the Insolvency Act 1986), or
  • (d) is otherwise unfit to hold his office or unable to discharge its functions.
  • (3) 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.

Salary, allowances and expenses

16
  • (1) The Commission may—
  • (a) pay to each Commissioner such remuneration, fees or expenses as the Lord Chancellor may determine;
  • (b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been a Commissioner.
  • (2) If—
  • (a) a person ceases to hold office as a Commissioner other than on the expiry of his term of appointment, and
  • (b) it appears to the Lord Chancellor that there are special circumstances that would warrant the payment of compensation to him,

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.

Code of Conduct

17

The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Commissioners.

Regulations

17A

Regulations under this Part of this Schedule may—

  • (a) make different provision for different purposes;
  • (b) include transitional or transitory provision or savings.

Part 2 — The Commission

Status of the Commission and its property

18
  • (1) The Commission is not to be regarded—
  • (a) as the servant or agent of the Crown, or
  • (b) as enjoying any status, immunity or privilege of the Crown.
  • (2) The property of the Commission is not be regarded as property of, or property held on behalf of, the Crown.

Powers

19
  • (1) The Commission may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of its functions.
  • (2) But the Commission may not borrow money except with the agreement of the Lord Chancellor.
  • (3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (1).

Committees

20
  • (1) The Commission may establish committees.
  • (2) A committee of the Commission may establish sub-committees.
  • (3) A person may not be a member of a committee or sub-committee unless he is a Commissioner.
  • (4) The Commission may delegate functions to a committee, and a committee may delegate functions (including functions delegated to them) to a sub-committee.
  • (5) 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 who is a holder of judicial office and at least one lay member.
  • (6) In sub-paragraphs (2) to (5) references to a committee do not include references to a selection panel appointed under section 70 , 75B or 79.

Procedure and proceedings

21
  • (1) The Commission may regulate its own procedure, and the procedure of its committees and sub-committees, including quorum.
  • (2) 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.
  • (3) The validity of proceedings of the Commission or a committee or sub-committee is not affected by—
  • (a) a vacancy among the members, or
  • (b) a defect in the appointment of a member.

Staff

22
  • (1) The Commission—
  • (a) must appoint a chief executive, and
  • (b) may appoint such other staff as it considers necessary to assist in the performance of its functions.
  • (2) The Commission must not appoint a person as chief executive unless the Lord Chancellor approves the appointment.
  • (3) Staff are to be—
  • (a) appointed on terms and conditions determined by the Commission, and approved by the Lord Chancellor, and
  • (b) paid by the Commission in accordance with provision made by or under the terms of appointment.
  • (4) 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.
  • (5) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which a scheme under section 1 of the Act may apply), at the end of the list of “Royal Commissions and other Commissions” insert— “ Judicial Appointments Commission. ”
  • (6) 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.
  • (7) Staff of the Commission are not to be regarded as—
  • (a) servants or agents of the Crown, or
  • (b) enjoying any status, immunity or privilege of the Crown.

Arrangements for assistance

23
  • (1) The Commission may make arrangements with such persons as it considers appropriate for assistance to be provided to it.
  • (2) Arrangements may include the paying of fees to such persons.
  • (3) No arrangements may be made under this paragraph unless approved by the Lord Chancellor.

Appointments and arrangements by the Lord Chancellor

24
  • (1) The Lord Chancellor may appoint a person to serve as chief executive until the first appointment under paragraph 22(1)(a) takes effect.
  • (2) 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) before the membership of the Commission is first constituted in accordance with paragraph 1, and
  • (b) thereafter, until the Commission determines otherwise.
  • (3) A chief executive's powers under sub-paragraph (2) are exercisable subject to any directions given to him by the Lord Chancellor.
25
  • (1) The Lord Chancellor may—
  • (a) appoint persons to serve as members of the Commission's staff;
  • (b) make arrangements in the name and on behalf of the Commission for other assistance to be provided to the Commission.
  • (2) The Lord Chancellor may not exercise his powers under sub-paragraph (1) later than—
  • (a) the end of 3 years after the day on which the Commission is first constituted in accordance with paragraph 1, or
  • (b) such earlier time as the Commission may determine.
  • (3) 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.

Power to transfer staff to employment of the Commission

26
  • (1) The Lord Chancellor may by regulations provide for the employment of any relevant person to be transferred to the Commission.
  • (2) A relevant person is any person who, immediately before the date prescribed in regulations under sub-paragraph (1), is—
  • (a) employed in the civil service of the State, and
  • (b) providing assistance to the Commission in pursuance of arrangements made under paragraph 23 or 25.
  • (3) But a person is not a relevant person if—
  • (a) his employment in the civil service ends on the day immediately before the date referred to in sub-paragraph (2), or
  • (b) he is withdrawn from work with the Commission with effect from that date.
  • (4) 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.
  • (5) The Lord Chancellor may only exercise his power under sub-paragraph (1)—
  • (a) before the membership of the Commission is first constituted in accordance with paragraph 1, and
  • (b) with the agreement of the Commission, during the period of 3 years beginning with the day on which the Commission is first constituted in accordance with that paragraph.

Delegation

27
  • (1) The Commission may delegate functions to—
  • (a) any of its staff,
  • (b) any person with whom arrangements are made under paragraph 23 or 25, or
  • (c) any person providing assistance to the Commission in pursuance of such arrangements.
  • (2) 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).
  • (3) Sub-paragraphs (1) and (2) do not apply to the functions of the Commission, or of a selection panel appointed under section 70 , 75B or 79, of making a selection under this Part of this Act.

Delegation and contracting out of superannuation functions

28
  • (1) 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.
  • (2) 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.
  • (3) “Administration function” means a function of administering schemes—
  • (a) made under section 1 of that Act, and
  • (b) from time to time in force.
  • (4) The chief executive may, under sub-paragraph (2), authorise a person to exercise administrative functions—
  • (a) to their full extent or to a specified extent;
  • (b) in all cases or in specified cases;
  • (c) unconditionally or subject to specified conditions.
  • (5) An authorisation under sub-paragraph (2)—
  • (a) is to be treated for all purposes as given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of Ministers and office-holders);
  • (b) may be revoked at any time by the Commission or the chief executive.

Inspection of documents

29
  • (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.
  • (2) 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.

Financial provisions and directions

30
  • (1) 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.
  • (2) The Lord Chancellor may by direction require the Commission—

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