Constitutional Reform Act 2005

Supreme Court Act 1981 (c. 54) U.K.

114 U.K. The Supreme Court Act 1981 is amended as follows.

115 (1) Section 2 (membership of the Court of Appeal) is amended as follows. U.K.

(2) In subsection (2)—

(a) omit paragraph (a);

(b) in paragraph (b) for “has been Lord Chancellor” substitute “ was Lord Chancellor before 12 June 2003 ”;

(c) for paragraphs (f) and (g) substitute—

“(f) the President of the Queen's Bench Division;

(g) the President of the Family Division;

(h) the Chancellor of the High Court;”

(d) for “Lord Chancellor's request” substitute “ request of the Lord Chief Justice ”.

(3) After subsection (2) insert—

“(2A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.”

(4) After subsection (4) insert—

“(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).”

(5) In subsection (6)—

(a) omit “Lord Chancellor,”;

(b) for “President of the Family Division or Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court ”.

Commencement Information

I1 Sch. 4 para. 115 wholly in force at 3.4.2006; Sch. 4 para. 115 not in force at Royal Assent see s. 148; Sch. 4 para. 115(2)(c)(5)(b) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para. 115 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014, art. 2(a), Sch. 1 para 11(f)

116 (1) Section 3 (Divisions of Court of Appeal) is amended as follows. U.K.

(2) In subsection (3) for “Lord Chancellor may” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor ”.

(3) After subsection (5) insert—

“(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).”

117 (1) Section 4 (membership of the High Court) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit paragraph (a);

(b) for paragraphs (c) and (d) substitute—

“(ba) the President of the Queen's Bench Division;

(c) the President of the Family Division;

(d) the Chancellor of the High Court;”.

(3) After subsection (4) insert—

“(4A) It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).”

(4) In subsection (6)—

(a) omit “Lord Chancellor,”;

(b) for “President of the Family Division, Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division, Chancellor of the High Court ”.

Commencement Information

I2 Sch. 4 para. 117 wholly in force at 3.4.2006; Sch. 4 para. 117 not in force at Royal Assent see s. 148; Sch. 4 para. 117(2)(b)(4)(b) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para. 117 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(h)

118 (1) Section 5 (divisions of the High Court) is amended as follows. U.K.

(2) In subsection (1)(a) for the words from “the Lord Chancellor” to “vice-president thereof,” substitute “ the Chancellor of the High Court, who shall be president thereof, ”.

(3) In subsection (1)(b) for “who shall be president thereof” substitute “ , the President of the Queen's Bench Division ”.

(4) In subsection (2) for “of the Lord Chancellor” in each place substitute “ given by the Lord Chief Justice after consulting the Lord Chancellor ”.

(5) In subsection (3) for the words from “with the concurrence of” to the end substitute “with the concurrence of both of the following—

(a) the senior judge of the Division to which the judge is attached;

(b) the senior judge of the Division of which the judge is to act as an additional judge.”

(6) After subsection (5) insert—

“(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).”

Commencement Information

I3 Sch. 4 para. 118 wholly in force at 3.4.2006; Sch. 4 para. 118 not in force at Royal Assent see s. 148; Sch. 4 para. 118(3) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para. 118 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(i)

119 (1) Section 6 (the Patents, Admiralty and Commercial Courts) is amended as follows. U.K.

(2) In subsection (2) for “Lord Chancellor may” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, ”.

(3) After subsection (2) insert—

“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).”

120 (1) Section 7 (power to alter Divisions etc) is amended as follows. U.K.

(2) In subsection (1) after “recommendation of” insert “ the Lord Chancellor and ”.

(3) In subsection (2)—

(a) omit “the Lord Chancellor,”;

(b) for “the President of the Family Division and the Vice-Chancellor” substitute “ the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court ”.

Commencement Information

I4 Sch. 4 para. 120 wholly in force at 3.4.2006; Sch. 4 para. 120 not in force at Royal Assent see s. 148; Sch. 4 para. 120(3)(b) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para. 120 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(k)

121 (1) Section 9 (assistance for transaction of judicial business of Supreme Court) is amended as follows. U.K.

(2) In subsection (2)—

(a) for the definition of “the appropriate authority” substitute—

““the appropriate authority” means—

(a) the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or

(b) at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;”

(b) omit the words after the definition of “relevant court”.

(3) After subsection (2) insert—

“(2A) The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).

(2B) In the case of a request to a person within entry 1, 3, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.

(2C) In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.

(2D) In the case of a request to a Circuit judge or Recorder to act as a judge of the High Court, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.”

(4) In subsection (4)—

(a) for “appears to the Lord Chancellor” substitute “ appears to the Lord Chief Justice, after consulting the Lord Chancellor, ”;

(b) for “Lord Chancellor thinks fit” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, think fit ”.

(5) After subsection (8) insert—

“(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).”

122 (1) Section 10 (appointment of judges of Supreme Court) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “President of the Family Division or Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court ”;

(b) after “may” insert “ , on the recommendation of the Lord Chancellor, ”.

(3) In subsection (2) after “may” insert “ , on the recommendation of the Lord Chancellor, ”.

(4) In subsection (3)(a) for “President of the Family Division or Vice-Chancellor” substitute “ President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court ”.

(5) For subsection (4) substitute—

“(4) A person appointed—

(a) to any of the offices mentioned in subsection (1),

(b) as a Lord Justice of Appeal, or

(c) as a puisne judge of the High Court,

shall take the required oaths as soon as may be after accepting office.

(5) In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—

(a) the Master of the Rolls;

(b) the President of the Queen's Bench Division;

(c) the President of the Family Division;

(d) the Chancellor of the High Court.

(6) Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.

(7) In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—

(a) the Lord Chief Justice, or

(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.

(8) In this section “required oaths” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.”

Commencement Information

I5 Sch. 4 para. 122 wholly in force at 3.4.2006; Sch. 4 para. 122 not in force at Royal Assent see s. 148; Sch. 4 para. 122(2)(a)(4) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para 122 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(m)

123 (1) Section 11 (tenure of office) is amended as follows. U.K.

(2) In subsection (1) omit “except the Lord Chancellor”.

(3) After subsection (3) insert—

“(3A) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).”

(4) In subsection (9)(a) for “the President of the Family Division and the Vice-Chancellor,” substitute “ the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court, ”.

Commencement Information

I6 Sch. 4 para. 123 wholly in force at 3.4.2006; Sch. 4 para. 123 not in force at Royal Assent see s. 148; Sch. 4 para. 123(4) in force at 1.10.2005 by S.I. 2005/2505, art. 2; Sch. 4 para. 123 in force at 3.4.2006 in so far as not already in force by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(n)

124 U.K. In section 12 (salaries etc of judges of Supreme Court), in subsection (1) omit “, other than the Lord Chancellor,”.

125 (1) Section 13 (precedence of judges of Supreme Court) is amended as follows. U.K.

(2) For subsections (2) and (3) substitute—

“(2) Subject to subsection (1)(b), the President of the Queen's Bench Division shall rank next after the Master of the Rolls.

(2A) The President of the Family Division shall rank next after the President of the Queen's Bench Division.

(3) The Chancellor of the High Court shall rank next after the President of the Family Division.”

(3) In subsection (4) for “Vice-Chancellor” substitute “ Chancellor of the High Court ”.

126 U.K. In section 44 (extraordinary functions of judges of High Court), in subsection (2) omit “the Lord Chancellor,”.

127 U.K. In section 56B (allocation of cases in criminal division), in subsection (1) for “with the concurrence of the Lord Chancellor” substitute “ after consulting the Lord Chancellor ”.

128 (1) Section 57 (Court of Appeal: sittings and vacations) is amended as follows. U.K.

(2) In subsection (2) after “Lord Chancellor” insert “ after consulting the Lord Chief Justice ”.

(3) After subsection (4) insert—

“(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

129 (1) Section 61 (distribution of business among Divisions) is amended as follows). U.K.

(2) In subsection (3)—

(a) for “Lord Chancellor may” substitute “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”;

(b) in paragraph (b) for “appears to him” substitute “ appears to the Lord Chief Justice and the Lord Chancellor ”.

(3) After subsection (8) insert—

“(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).”

130 (1) Section 63 (business assigned to specially nominated judges) is amended as follows. U.K.

(2) In subsection (1) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice after consulting the Lord Chancellor ”.

(3) In subsection (2) for “Lord Chancellor” substitute “ Lord Chief Justice, after consulting the Lord Chancellor, to be ”.

(4) After subsection (3) insert—

“(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).”

131 (1) Section 68 (exercise of jurisdiction of High Court otherwise than by judges of that court) is amended as follows. U.K.

(2) In subsection (1)(a) for “Lord Chancellor may” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, ”.

(3) In subsection (6) for “by the Lord Chancellor” substitute “ by the Lord Chief Justice after consulting the Lord Chancellor ”.

(4) After subsection (7) insert—

“(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).”

132 (1) Section 71 (High Court: sittings and vacations) is amended as follows. U.K.

(2) In subsection (2) after “Lord Chancellor” insert “ after consulting the Lord Chief Justice ”.

(3) After subsection (5) insert—

“(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

133 (1) Section 74 (appeals and committals for sentence) is amended as follows. U.K.

(2) After subsection (5) insert—

“(5A) Before exercising any functions under subsection (4), the Lord Chancellor must consult the Lord Chief Justice.”

(3) After subsection (7) insert—

“(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

134 (1) Section 78 (Crown Court: sittings) is amended as follows. U.K.

(2) In subsection (3) after “Lord Chancellor” insert “ after consulting the Lord Chief Justice ”.

(3) After subsection (3) insert—

“(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

135 (1) Section 82 (duties of officers of Crown Court) is amended as follows. U.K.

(2) In subsection (1) after “Lord Chancellor” insert “ after consulting the Lord Chief Justice ”.

(3) After subsection (2) insert—

“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

136 U.K. Omit section 84(8) (rules of court for Crown Court etc to be made by statutory instrument).

F1 137 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 137 repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates' Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 1 para. 9

138 U.K. After section 86 insert—

“86A Process for making rules of court under section 84

(1) Crown Court rules must be—

(a) signed by a majority of the members of the Crown Court Rule Committee, and

(b) submitted to the Lord Chancellor.

(2) The Lord Chancellor may allow or disallow rules so made.

(3) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

(4) Rules so made and allowed by the Lord Chancellor—

(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 applies as if the instrument contained rules made by a Minister of the Crown.

(5) A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section and section 86B “Crown Court rules” means rules of court made under section 84.

86B Rules to be made if required by Lord Chancellor

(1) This section applies if the Lord Chancellor gives the Crown Court Rule Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.

(2) The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.

(3) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b) made in accordance with section 86A.”

139 (1) Section 91 (deputies and temporary appointments) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “Lord Chancellor” in the first place substitute “ Lord Chief Justice, after consulting the Lord Chancellor, ”;

(b) in paragraph (a) omit “or III”;

(c) for “Lord Chancellor thinks fit” substitute “ Lord Chief Justice may, after consulting the Lord Chancellor, think fit ”.

(3) After subsection (1) insert—

“(1A) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—

(a) to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or

(b) to act as a temporary additional officer in any such office,

during such period or on such occasions as the Lord Chancellor may think fit.”

(4) After subsection (6) insert—

“(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”

140 (1) Section 92 (tenure of office) is amended as follows. U.K.

(2) In subsection (5) after “Lord Chancellor” insert “ with the concurrence of the Lord Chief Justice ”.

(3) In subsection (6) after “also” insert “ , with the concurrence of the Lord Chief Justice, ”.

(4) After subsection (7) insert—

“(8) It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).”

141 (1) Section 96 (Central Office) is amended as follows. U.K.

(2) In subsection (1) leave out “Lord Chancellor may” and insert “ Lord Chief Justice may, with the concurrence of the Lord Chancellor, ”.

(3) In subsection (2) for “of the Lord Chancellor under this section” substitute “ under subsection (1) ”.

(4) After subsection (2) insert—

“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

142 U.K. In section 98 (judges' clerks and secretaries), in subsection (1) for “the President of the Family Division and the Vice-Chancellor” substitute “ the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court ”.

143 (1) Section 99 (district registries) is amended as follows. U.K.

(2) In subsection (1) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

(3) After subsection (2) insert—

“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

144 (1) Section 104 (district probate registries) is amended as follows. U.K.

(2) In subsection (1) after “Lord Chancellor may” insert “ , after consulting the Lord Chief Justice, ”.

(3) After subsection (2) insert—

“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

145 (1) Section 131 (conveyancing counsel of Supreme Court) is amended as follows. U.K.

(2) In subsection (2) after “Lord Chancellor” insert “ with the concurrence of the Lord Chief Justice ”.

(3) After subsection (2) insert—

“(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”

146 U.K. In section 151 (interpretation), in subsection (1) for the definition of “senior judge” substitute—

““senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;”.