Part 8: General
Summary
651.Part 8 provides for the territorial extent of the provisions of the Act. It also provides for provisions of the Act to come into force in accordance with orders made by the Lord Chancellor (or by the Secretary of State in relation to Chapter 3 of Part 5 or the Secretary of State or the Scottish Ministers in relation to Part 6), and confers power on the Lord Chancellor (or on the Secretary of State in relation to Chapter 3 of Part 5) to make transitional and consequential provision by order.
Commentary on Sections: Part 8
Section 144: Protected functions of the Lord Chancellor
652.Section 144 makes all the Lord Chancellor’s functions under (or under amendments made by) Part 1, sections 51 and 57, Parts 3 and 4, Chapters 1 and 2 of Part 5 and certain functions under, or under amendments made by, Part 2 protected functions for the purposes of section 19(5) of the CRA 2005, so that they cannot be transferred to another Minister without primary legislation.
Section 145: Power to make supplementary or other provision
653.Subsection (1) allows the Lord Chancellor (or the Secretary of State in relation to Chapter 3 of Part 5) to make an order for supplementary, consequential and transitional provisions, while subsection (2) makes it clear that such an order can amend or repeal other enactments. This type of provision is not unusual in Acts which reform existing statutory schemes and therefore require transitional provisions and/or which have a large number of consequential amendments, see for example the Courts Act 2003.
Section 146: Repeals
654.Section 146 introduces Schedule 23. Schedule 23 lists repeals arising from, among other things, the new statutory framework for tribunals and the new, unified law on enforcement.
Section 147: Extent
655.By virtue of section 147, Parts 1, 2, 6 and 8 of the Act extend to England and Wales, Scotland and Northern Ireland and Parts 3, 4, 5, and 7 extend only to England and Wales. This is subject to subsections (4) and (5). Subsection (4) allows for amendments to other Acts to extend to the same extent as those other Acts. For example, the amendment made by section 142 will extend to Scotland (as well as to England and Wales). Subsection (5) extends certain provisions to the Isle of Man. This is because section 143(1) and (2) amends the Registered Designs Act 1949, which itself extends to the Isle of Man. Therefore section 143(1) and (2), the relevant provisions of the repeals Schedule and section 147 extend to the United Kingdom and the Isle of Man.
Section 148: Commencement
656.Section 148 provides for the Lord Chancellor (or the Secretary of State in relation to Chapter 3 of Part 5 or the Secretary of State or the Scottish Ministers in relation to Part 6) to specify commencement dates for provisions in the Act by order. The provisions in the Act other than sections 53 (Transfer from salaried to fee-paid judicial office), 55 (Appointment of deputy Circuit judges), 56 (Appointment of deputy district judges, etc.), 57 (Deputy, and temporary additional, Masters etc.), 60 (Appointment as Chairman of Law Commission), 145 (Power to make supplementary or other provision), 147 (Extent), 148 (Commencement), 149 (Short title) or Schedule 11 (District judges and deputy district judges) will come into force on days appointed by order. Sections 53, 55, 56 and 57 and Schedule 11 come into force on Royal Assent. Sections 145 and 147-149, as is usual for general provisions of this sort, also come into force on Royal Assent; and section 60 comes into force two months after Royal Assent.
