- Latest available (Revised)
- Point in Time (25/07/2013)
- Original (As enacted)
Version Superseded: 22/04/2014
Point in time view as at 25/07/2013.
Constitutional Reform Act 2005, SCHEDULE 1 is up to date with all changes known to be in force on or before 14 August 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.
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.
Section 12
1U.K.In this Part “designated rules” means rules under another Act which are, by virtue of provision in that Act, to be made in accordance with this Part.
2(1)It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules.U.K.
(2)The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)—
(a)to make designated rules generally, or
(b)to make designated rules under a particular enactment.
(3)In this Part—
(a)“judicial office holder” has the same meaning as in section 109(4);
(b)references to the Lord Chief Justice's nominee, in relation to designated rules, mean a judicial office holder nominated by the Lord Chief Justice under sub-paragraph (1) to make those rules.
3(1)The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor.U.K.
(2)If the Lord Chancellor does not agree designated rules made by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the rules.
4(1)Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor—U.K.
(a)come into force on such day as the Lord Chancellor directs, and
(b)are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
(2)A statutory instrument containing designated rules is subject to annulment in pursuance of a resolution of either House of Parliament.
5(1)This paragraph applies if the Lord Chancellor gives the Lord Chief Justice, or his nominee, written notice that he thinks it is expedient for designated rules to include provision that would achieve a purpose specified in the notice.U.K.
(2)The Lord Chief Justice, or his nominee, must make such designated rules as he considers necessary to achieve the specified purpose.
(3)Those rules must be—
(a)made within a reasonable period after the Lord Chancellor gives notice under sub-paragraph (1);
(b)made in accordance with the provisions of this Part.
6U.K.In section 54 of the Trustee Act 1925 (jurisdiction in regard to mental patients), for the paragraph after subsection (2)(d) substitute—
“(2A)Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 with respect to the exercise of the jurisdiction referred to in subsection (2).”
7U.K.In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (6A)(a) for “by the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
8(1)Section 5 of the Reserve and Auxiliary Forces (Protection of Civilian Interests) Act 1951 (appropriate courts and procedure) is amended as follows.U.K.
(2)In subsection (2) for “The Lord Chancellor may also make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.
(3)In subsections (3) to (5) for “Rules so made” substitute “ Rules under subsection (2) ”.
(4)In subsection (6) for “this section” substitute “ subsection (1) ”.
9(1)Section 49 of the Courts-Martial (Appeals) Act 1968 (rules of court) is amended as follows.U.K.
(2)In subsection (1) for “by the Lord Chief Justice with the approval of the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
(3)In subsection (2) for “Lord Chief Justice” substitute “ person making the rules ”.
(4)Omit subsections (3) and (4).
10U.K.In section 66 of the Adoption Act 1976 (rules of procedure), in subsection (1) for “by the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.
11U.K.The Supreme Court Act 1981 is amended as follows.
12(1)Section 127 (probate rules) is amended as follows.U.K.
(2)In subsection (1) for the words from the beginning to “for regulating” substitute “ Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating ”.
(3)Omit subsection (3).
13(1)Section 136 (production of documents filed in, or in custody of, Supreme Court) is amended as follows.U.K.
(2)In subsection (1) for the words from the beginning to “make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
(3)In subsection (2)(b) for “Lord Chancellor” substitute “ person making the rules ”.
(4)Omit subsection (3).
14U.K.The Mental Health Act 1983 is amended as follows.
15U.K.In section 108 (general provisions as to rules under Part 7), after subsection (1) (as substituted by paragraph 129(2) of Schedule 4) insert—
“(1A)Rules under any other provision of this Part of this Act are to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.”
16U.K.In section 143 (general provisions as to regulations, orders and rules), after subsection (3) insert—
“(4)This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.”
17(1)Section 38 of the County Courts Act (remedies available in county courts) is amended as follows.U.K.
(2)Omit subsection (4)(c).
(3)After subsection (4) insert—
“(4A)If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.”
18U.K.In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), in the second paragraph of subsection (2)—
(a)in paragraph (a) omit “by the Lord Chancellor”;
(b)in paragraph (b) omit “by the President of the Family Division with the concurrence of the Lord Chancellor”.
19U.K.The Coroners Act 1988 is amended as follows.
20U.K.In section 11 (proceedings at inquest), for subsection (5)(c) substitute—
“(c)shall be in such form as may be prescribed in rules made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.”
21(1)Section 32 (power to make rules) is amended as follows.U.K.
(2)In subsection (1) for “The Lord Chancellor may, with the concurrence of the Secretary of State, make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
(3)In subsection (3) for “of the Lord Chancellor under this section to make rules” substitute “ to make rules under this section ”.
(4)Omit subsection (4).
22U.K.The Family Law Act 1996 is amended as follows.
23(1)For the title to section 12 substitute “ Rules about procedure ”.U.K.
(2)In subsection (1) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
(3)In subsection (2) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
24U.K.In section 65 (rules, regulations and orders), in subsection (5) after “does not apply” insert “ to rules made under section 12 or ”.
25U.K.The power to amend or repeal enactments that is referred to in section 109(5)(b) of the Courts Act 2003 (c. 39) may be exercised in relation to sections 12 and 65 of the Family Law Act 1996 (c. 27) as amended by paragraphs 24 and 25 of this Schedule.
26(1)The Adoption and Children Act 2002 is amended as follows.U.K.
(2)Those amendments do not have effect at any time after the amendments made to the Adoption and Children Act 2002 by paragraph 413 of Schedule 8 to the Courts Act 2003 have come into force.
27U.K.In section 141 (rules of procedure), in subsection (1) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.
28U.K.In section 142 (supplementary and consequential provision), in subsection (4) for “this Act or” substitute “ this Act, any power to make rules under section 141 or any power ”.
29U.K.In section 76 of the Courts Act 2003 (further provision about scope of Family Procedure Rules) omit “by the President of the Family Division, with the concurrence of the Lord Chancellor,”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: