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Constitutional Reform Act 2005
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Constitutional Reform Act 2005, Section 40 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 40:
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(2)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(3)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(4)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(6)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(8)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(9)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(10)(a)
- Sch. 7 para. 4 Pt. A words substituted by 2007 c. 15 s. 144(10)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(2)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(3)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(4)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(6)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(8)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(9)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(10)(a)
- Sch. 7 para. 4 Pt. A words substituted by 2007 c. 15 s. 144(10)(b)
40JurisdictionU.K.
This section has no associated Explanatory Notes
(1)The Supreme Court is a superior court of record.
(2)An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Schedule 9—
(a)transfers other jurisdiction from the House of Lords to the Court,
(b)transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and
(c)makes other amendments relating to jurisdiction.
(5)The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.
(6)An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.
Textual Amendments
F1 S. 40(3) repealed (E.W.N.I.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700), art. 1(11)(m), Sch. para. 13; s. 40(3) repealed (S.) (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 33; S.S.I. 2015/247, art. 2, sch.
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