Constitutional Reform Act 2005

Supreme Court Act 1981 (c. 54)

115 (1) Section 2 (membership of the Court of Appeal) is amended as follows.

(2) In subsection (2)—

(a) omit paragraph (a);

(b) in paragraph (b) for “has been Lord Chancellor” substitute “was Lord Chancellor before 12 June 2003”;

(c) for paragraphs (f) and (g) substitute—

“(f) the President of the Queen’s Bench Division;

(g) the President of the Family Division;

(h) the Chancellor of the High Court;”

(d) for “Lord Chancellor’s request” substitute “request of the Lord Chief Justice”.

(3) After subsection (2) insert—

“(2A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.”

(4) After subsection (4) insert—

“(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).”

(5) In subsection (6)—

(a) omit “Lord Chancellor,”;

(b) for “President of the Family Division or Vice-Chancellor” substitute “President of the Queen’s Bench Division, President of the Family Division or Chancellor of the High Court”.