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- Original (As enacted)
Constitutional Reform Act 2005 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Part 2 Arrangements to modify the office of Lord Chancellor
Part 5 Judicial Appointments and Removals: Northern Ireland
SCHEDULES
Transfer of appointment functions to Her Majesty
Other functions of the Lord Chancellor and organisation of the courts
29.The Agriculture Act 1947 is amended, or has effect, as...
30.In section 73 (establishment, constitution and procedure of Agricultural Land...
31.(1) The functions of the Lord Chancellor under section 75...
32.In section 108 (regulations and orders), in subsection (1) omit...
33.(1) Schedule 9 (constitution of Agricultural Land Tribunals) is amended...
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
Land Powers (Defence) Act (Inquiries) Rules 1958 (S.I. 1958/2231)
54.(1) Section 74 (Minister's power to make orders about pensions)...
55.(1) Section 81 (compensation to officers and servants of the...
56.(1) In Schedule 7 (transitional provisions) paragraph 17 is amended...
57.Schedule 11 (application to Northern Ireland) is amended as follows....
58.(1) Paragraph 6 (appointment of referee or board of referees)...
Plant Varieties and Seeds Tribunal Rules 1974 (S.I. 1974/1136)
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)
Supreme Court Act 1981 (c. 54)
116.(1) Section 3 (Divisions of Court of Appeal) is amended...
117.(1) Section 4 (membership of the High Court) is amended...
118.(1) Section 5 (divisions of the High Court) is amended...
119.(1) Section 6 (the Patents, Admiralty and Commercial Courts) is...
120.(1) Section 7 (power to alter Divisions etc) is amended...
121.(1) Section 9 (assistance for transaction of judicial business of...
122.(1) Section 10 (appointment of judges of Supreme Court) is...
123.(1) Section 11 (tenure of office) is amended as follows....
124.In section 12 (salaries etc of judges of Supreme Court),...
125.(1) Section 13 (precedence of judges of Supreme Court) is...
126.In section 44 (extraordinary functions of judges of High Court),...
127.In section 56B (allocation of cases in criminal division), in...
128.(1) Section 57 (Court of Appeal: sittings and vacations) is...
129.(1) Section 61 (distribution of business among Divisions) is amended...
130.(1) Section 63 (business assigned to specially nominated judges) is...
131.(1) Section 68 (exercise of jurisdiction of High Court otherwise...
132.(1) Section 71 (High Court: sittings and vacations) is amended...
133.(1) Section 74 (appeals and committals for sentence) is amended...
134.(1) Section 78 (Crown Court: sittings) is amended as follows....
135.(1) Section 82 (duties of officers of Crown Court) is...
136.Omit section 84(8) (rules of court for Crown Court etc...
137.(1) Section 86 (the Crown Court Rule Committee) is amended...
138.After section 86 insert— Process for making rules of court...
139.(1) Section 91 (deputies and temporary appointments) is amended as...
140.(1) Section 92 (tenure of office) is amended as follows....
142.In section 98 (judges' clerks and secretaries), in subsection (1)...
143.(1) Section 99 (district registries) is amended as follows.
144.(1) Section 104 (district probate registries) is amended as follows....
145.(1) Section 131 (conveyancing counsel of Supreme Court) is amended...
146.In section 151 (interpretation), in subsection (1) for the definition...
Mental Health Act 1983 (c. 20)
151.(1) Section 93 (judicial authorities and Court of Protection) is...
152.In section 94 (exercise of the judge's functions: the patient),...
154.In section 104 (general powers of the judge with respect...
155.In section 105 (appeals), in subsection (2) omit “from any...
156.(1) Section 108 (general provisions as to rules under Part...
157.(1) Section 111 (construction of references in other Acts) is...
158.(1) Schedule 2 (mental health review tribunals) is amended as...
County Courts Act 1984 (c. 28)
161.(1) Section 2 (county court districts etc) is amended as...
162.(1) Section 3 (places and times of sittings) is amended...
163.(1) Section 5 (judges of county courts) is amended as...
164.(1) Section 11 (tenure of office) is amended as follows....
166.(1) Section 26 (districts for Admiralty purposes) is amended as...
167.In section 38 (remedies available in county courts), in subsection...
168.(1) Section 61 (right of audience by direction) is amended...
170.In section 145 (power to raise monetary limits), after subsection...
Merchant Shipping (Formal Investigations) Rules 1985 (S.I. 1985/1001)
186.(1) Section 117 (High Court and county court jurisdiction) is...
187.(1) Section 374 (insolvency districts) is amended as follows.
188.(1) Section 411 (company insolvency rules) is amended as follows....
189.(1) Section 412 (individual insolvency rules (England and Wales) is...
190.(1) Section 413 (Insolvency Rules committee) is amended as follows....
191.(1) Section 420 (insolvent partnerships) is amended as follows.
192.(1) Section 421 (insolvent estates of deceased persons) is amended...
Copyright, Designs and Patents Act 1988 (c. 48)
198.The Copyright, Designs and Patents Act 1988 is amended as...
199.(1) Section 146 (membership of the copyright tribunal) is amended...
200.(1) Section 287 (patents county courts: special jurisdiction) is amended...
201.(1) Section 291 (proceedings in patents county court) is amended...
202.(1) Section 292 (rights and duties of registered patent agents...
Courts and Legal Services Act 1990 (c. 41)
212.(1) Section 1 (allocation of business between High Court and...
213.In section 9 (allocation of family proceedings which are within...
214.(1) Section 11 (representation in certain county court cases) is...
215.(1) Section 73 (delegation of certain administrative functions of Master...
216.In section 119 (interpretation), in subsection (1) in the definition...
Judicial Pensions and Retirement Act 1993 (c. 8)
226.The Judicial Pensions and Retirement Act 1993 is amended as...
227.(1) Section 2 (the judicial officer's entitlement to a pension)...
228.(1) Section 26 (retirement date for holders of certain judicial...
229.In Schedule 1 (offices which may be qualifying judicial offices)...
230.In Schedule 5 (retirement provisions: the relevant offices), in the...
Reserve Forces Act 1996 (c. 14)
241.In section 90 (appointment of panel of chairmen), after subsection...
242.In section 91 (appointment of panel of ordinary members), after...
243.(1) Section 92 (membership of tribunals etc) is amended as...
244.After section 92 insert— Sections 90 to 92: supplementary (1) In sections 90 and 91 “appropriate senior judge”, in...
Employment Tribunals Act 1996 (c. 17)
245.The Employment Tribunals Act 1996 is amended as follows.
246.(1) Section 22 (membership of appeal tribunal) is amended as...
247.(1) Section 23 (temporary membership) is amended as follows.
248.(1) Section 24 (temporary additional judicial membership) is amended as...
249.In section 25 (tenure of appointed members) after subsection (4)...
Deregulation (Model Appeal Provisions) Order 1996 (S.I. 1996/1678)
Civil Procedure Act 1997 (c. 12)
262.In section 1 (civil procedure rules), in subsection (3) (as...
263.(1) Section 2 (Civil Procedure Rule Committee) is amended as...
264.(1) Section 2A (power to change certain requirements relating to...
265.(1) Section 3 (process for making Civil Procedure rules) (as...
267.(1) Section 4 (power to make consequential amendments) (as amended...
268.(1) Section 6 (Civil Justice Council) is amended as follows....
309.(1) In section 2 (Court officers, staff and services), in...
310.(1) Section 4 (establishment of courts boards) is amended as...
311.(1) Section 5 (functions of courts boards) is amended as...
312.(1) Section 8 (local justice areas) is amended as follows....
313.(1) Section 10 (appointment of lay justices etc) is amended...
314.In section 11 (resignation and removal of lay justices), in...
315.(1) Section 13 (entry of names in the supplemental list)...
316.In section 14 (removal of names from the supplemental list),...
317.(1) Section 15 (lay justices' allowances) is amended as follows....
318.In section 16 (records of lay justices), after subsection (3)...
319.(1) Section 17 (chairman and deputy chairmen) is amended as...
320.(1) Section 19 (training, development and appraisal of lay justices)...
322.(1) Section 21 (duty to consult lay justices on matters...
323.In section 22 (appointment of District Judges (Magistrates' Courts)), in...
324.In section 24 (Deputy District Judges (Magistrates' Courts)), in subsection...
325.(1) Section 25 (District Judges (Magistrates' Courts) as justices of...
326.(1) Section 27 (justices' clerks and assistant clerks) is amended...
328.(1) Section 30 (places, dates and times of sittings) is...
329.(1) Section 34 (costs in legal proceedings) is amended as...
330.For section 62 substitute— Head and Deputy Head of Civil...
331.(1) Section 64 (power to alter judicial titles) is amended...
332.In section 69 (Criminal Procedure Rules), in subsection (4) omit...
333.(1) Section 70 (Criminal Procedure Rule Committee) is amended as...
334.(1) Section 71 (power to change certain requirements relating to...
335.(1) Section 72 (process for making Criminal Procedure Rules) is...
336.After section 72 insert— Rules to be made if required...
337.(1) Section 73 (power to amend legislation in connection with...
338.In section 75 (Family Procedure Rules), in subsection (5) omit...
339.(1) Section 77 (Family Procedure Rule Committee) is amended as...
340.(1) Section 78 (power to change certain requirements relating to...
341.(1) Section 79 (process for making Family Procedure Rules) is...
342.After section 79 insert— Rules to be made if required...
343.(1) Section 80 (power to amend legislation in connection with...
344.(1) Section 81 (practice directions relating to family proceedings) is...
345.In section 92 (fees), in subsection (5) for paragraphs (c)...
346.(1) Section 102 (power to alter judicial titles: Northern Ireland)...
347.In section 107 (interpretation), in subsection (6) omit “by the...
348.In section 108 (rules, regulations and orders), in subsections (1)...
349.(1) Section 109 (minor and consequential amendments etc) is amended...
350.(1) Schedule 1 (constitution and procedure of courts boards) is...
351.In Schedule 7 (High Court writs of execution), in paragraph...
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/ 1861)
Part 2 Amendments of or relating to enactments repealed or amended otherwise than by this Act
Restrictive Practices Court Act 1976 (c. 33)
367.The Restrictive Practices Court Act 1976 is amended as follows....
368.(1) In section 1 (the Court), after subsection (3) insert—...
370.(1) Section 3 (non-judicial members) is amended as follows.
371.(1) Section 4 (provision for additional judges or members) is...
373.(1) In section 9 (procedure), in subsection (1) for “Lord...
Justices of the Peace Act 1997 (c. 25)
388.(1) Section 4 (petty sessions areas) is amended as follows....
389.In section 5 (appointment and removal of justices of the...
390.(1) Section 6 (residence qualification) is amended as follows.
391.In section 7 (supplemental list for England and Wales), in...
392.In section 8 (removal of name from supplemental list), in...
393.(1) Section 9 (effect of entry of name in supplemental...
394.In section 10A (appointment and tenure), in subsection (3) after...
395.In section 10B (deputies), in subsection (2) after “Lord Chancellor”...
398.In section 25 (records of justices of the peace) after...
399.(1) Section 26 (Greater Manchester, Merseyside and Lancashire) is amended...
400.(1) Section 27A (magistrates' courts committees) is amended as follows....
401.(1) Section 27B (alteration of committee areas) is amended as...
402.(1) Section 33 (alteration of petty sessions areas) is amended...
403.(1) Section 53A (costs in legal proceedings) is amended as...
404.(1) Section 54 (indemnification of justices and justices' clerks) is...
405.(1) Section 64 (training courses) is amended as follows.
Functions under legislation relating to Northern Ireland
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
7.The County Courts Act (Northern Ireland) 1959 is amended as...
8.In section 102 (appointment and assignment of judges), in subsections...
9.In section 105 (tenure and oaths of office and retirement...
10.In section 107 (deputy judges), in subsection (4) omit “Lord...
11.In section 116 (pensions of judges), after subsection (5) insert—...
Resident Magistrates' Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))
Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))
Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))
Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))
Misuse of Drugs Tribunal (Northern Ireland) Rules 1974 (S.R. 1974/256)
Judicature (Northern Ireland) Act 1978 (c. 23)
22.The Judicature (Northern Ireland) Act 1978 is amended as follows....
23.(1) Section 7 (further assistance for transaction of judicial business)...
24.(1) Section 47 (exercise of jurisdiction by Crown Court) is...
25.In section 48 (committal for trial on indictment), in subsection...
26.In section 52 (Crown Court rules), in subsection (1) for...
27.(1) Section 53 (membership of the Crown Court Rules Committee)...
28.After section 53 insert— Making of Crown Court rules (1) It is for the Crown Court Rules Committee to...
29.(1) Section 55 (rules of court) is amended as follows....
30.After section 55 insert— Making of rules of Court (1) It is for the Rules Committee to make rules...
32.(1) Section 60 (taxation of costs) is amended as follows....
33.(1) Section 68 (departments of the Supreme Court) is amended...
34.In section 71 (tenure of office of statutory officers), in...
35.(1) Section 75 (Official Solicitor) is amended as follows.
36.(1) Section 103 (appointment of justices of the peace) is...
38.(1) Section 112 (oaths and affidavits) is amended as follows....
39.In section 119 (making and control of subordinate legislation), in...
40.(1) Schedule 6 (transitional provisions) is amended as follows.
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
Administration of Estates (Northern Ireland) Order 1979 (S.I. 1979/1575 (N.I. 14))
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
48.The County Courts (Northern Ireland) Order 1980 is amended as...
49.In Article 2 (interpretation), in paragraph (5) omit“on the Lord...
50.In Article 3 (county courts to be held for divisions),...
51.In Article 4 (directions as to holding of courts), for...
52.In Article 5 (directions for courts to sit otherwise in...
53.(1) Article 6 (appointment of days for holding of ordinary...
54.In Article 7 (additional and extraordinary sittings), in paragraphs (1)...
55.In Article 22 (power to increase civil jurisdiction of county...
57.In Article 47 (making of county court rules) for paragraphs...
58.In Article 56 (swearing of affidavits before designated court officer),...
59.In Article 58 (furnishing of information by certain officers), at...
Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
61.The Magistrates' Courts (Northern Ireland) Order 1981 is amended as...
62.(1) Article 6A (costs in legal proceedings) is amended as...
63.(1) Article 11 (petty sessions and petty sessions districts) is...
64.In Article 12 (holding of petty sessions in courthouse), in...
65.(1) Article 13 (magistrates' courts rules) is amended as follows....
66.Omit Article 14 (recommendations by Rules Committee to Lord Chancellor)....
68.In Article 37 (discharge or committal for trial), in paragraph...
69.In Article 168 (directions), omit “on the Lord Chancellor”.
Pensions Appeal Tribunals (Northern Ireland) Rules 1981 (S.R. 1981/231)
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
80.The Insolvency (Northern Ireland) Order 1989 is amended as follows....
81.In Article 359 (insolvency rules), after paragraph (1) insert—
82.(1) Article 360 (committee to review insolvency rules) is amended...
83.(1) Article 364 (insolvent partnerships) is amended as follows.
84.(1) Article 365 (insolvent estates of deceased persons) is amended...
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
Family Law (Northern Ireland) Order 1993 (S.I. 1993/1575 (N.I. 6))
89.The Family Law (Northern Ireland) Order 1993 is amended as...
90.(1) Article 12 (family proceedings rules) is amended as follows....
91.After Article 12 insert— Making of family proceedings rules (1) After making family proceedings rules the Committee must submit...
92.(1) In Schedule 2 (Northern Ireland Family Proceedings Rules Committee),...
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
93.The Children (Northern Ireland) Order 1995 is amended as follows....
94.In Article 4 (reports on child's welfare), in paragraph (2)...
95.In Article 60 (representation of child and his interests in...
96.In Article 166 (appeals), in paragraph (14) after “Lord Chancellor...
97.In Article 169 (evidence given by, or with respect to,...
98.In Article 170 (privacy for children involved in certain proceedings),...
99.After Article 181 insert— Delegation of functions by Lord Chief...
100.In paragraph 6 of Schedule 1 (financial provision for children:...
101.(1) Schedule 7 (commencement of proceedings) is amended as follows....
Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))
Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269
Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))
Justice (Northern Ireland) Act 2002 (c. 26)
115.(1) The Justice (Northern Ireland) Act 2002 is amended as...
116.In section 8 (tribunals for considering removal), in subsection (7)...
117.(1) Section 9 (appointment of lay magistrates) is amended as...
118.In section 10 (transfer of functions of justices of the...
120.(1) In section 24 (removal of Attorney General), in subsection...
121.In section 43 (appointment and removal of Director of Public...
122.(1) Schedule 1 (listed judicial offices) is amended as follows....
123.(1) Schedule 3 (appointment to listed judicial offices) is amended...
124.(1) Schedule 4 (functions of justices of the peace) is...
125.Omit Schedule 5 (transfer of functions to Lord Chief Justice)....
126.(1) Schedule 6 (office-holders required to take judicial oath) is...
127.In Schedule 12 (minor and consequential amendments), after paragraph 81...
128.(1) Schedule 13 (repeals and revocations) is amended as follows....
Part 2 Amendments relating to enactments repealed or amended otherwise than by this Act
Amendments relating to jurisdiction of the Supreme Court
Part 1 Jurisdiction transferred from the House of Lords
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
Child Support, Pensions and Social Security Act 2000 (c. 19)
Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
Part 2 Devolution jurisdiction
94.In section 15 (disqualification from membership of the Parliament) in...
97.In section 34 (ECJ references), in subsection (1)(b) for “Judicial...
98.In section 35 (power of Secretary of State to intervene...
99.In section 36 (stages of Bills), in subsection (4) for...
101.Omit section 103 (proceedings before the Judicial Committee).
102.In section 127 (index of defined expressions) omit the entry...
105.(1) Part 4 of Schedule 6 (proceedings in Northern Ireland...
106.(1) Part 5 of Schedule 6 (devolution issues: general) is...
107.In Schedule 7 (procedure for subordinate legislation), in the table...
Northern Ireland Act 1998 (c. 47)
110.In section 12 (reconsideration where reference made to ECJ), in...
111.In section 13 (stages of Bills), in subsection (5)(a) for...
112.In section 14 (submission by Secretary of State of Bills...
113.Omit section 82 (proceedings before the Judicial Committee).
114.In section 98 (interpretation), in subsection (1) omit the entry...
115.(1) Part 2 of Schedule 10 (proceedings in Northern Ireland...
116.(1) Part 3 of Schedule 10 (proceedings in England and...
117.(1) Part 4 of Schedule 10 (proceedings in Scotland on...
118.(1) Part 5 of Schedule 10 (devolution issues: general) is...
119.In paragraph 40 (application of paragraph 39 in particular circumstances),...
Proceedings under jurisdiction transferred to Supreme Court
Renaming of the Supreme Courts of England and Wales and Northern Ireland
The Judicial Appointments and Conduct Ombudsman
The Judicial Appointments Commission: Relevant Offices and Enactments
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