National Security Act 2023

Initial exercise of rule-making powers by Lord Chancellor U.K.

7 (1) The first time that rules of court are made in exercise of the powers conferred by this Schedule in relation to proceedings in England and Wales or in Northern Ireland, the rules may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(2) Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult—

(a) in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales;

(b) in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(3) But the Lord Chancellor is not required to undertake any other consultation before making the rules.

(4) A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before this Schedule comes into force.

(5) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease to have effect at the end of that period.

(6) In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(7) If rules cease to have effect in accordance with sub-paragraph (5)—

(a) that does not affect anything done in previous reliance on the rules, and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(8) The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure for civil procedure rules);

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 (statutory rules procedure).

(9) Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.

Commencement Information

I1 Sch. 10 para. 7 not in force at Royal Assent, see 100(1)

I2 Sch. 10 para. 7 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)