Constitutional Reform Act 2005

Valid from 01/10/2009

60Interpretation of Part 3U.K.

This section has no associated Explanatory Notes

(1)In this Part—

  • “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • “the senior judges” means—

    (a)

    the judges of the Supreme Court;

    (b)

    the Lord Chief Justice of England and Wales;

    (c)

    the Master of the Rolls;

    (d)

    the Lord President of the Court of Session;

    (e)

    the Lord Chief Justice of Northern Ireland;

    (f)

    the Lord Justice Clerk;

    (g)

    the President of the Queen's Bench Division;

    (h)

    the President of the Family Division;

    (i)

    the Chancellor of the High Court;

  • “the Supreme Court” means the Supreme Court of the United Kingdom.

(2)In this Part—

(a)“high judicial office” means office as a judge of any of the following courts—

(i)the Supreme Court;

(ii)the Court of Appeal in England and Wales;

(iii)the High Court in England and Wales;

(iv)the Court of Session;

(v)the Court of Appeal in Northern Ireland;

(vi)the High Court in Northern Ireland;

or as a Lord of Appeal in Ordinary;

(b)a person appointed to the office of Lord Chancellor on or after 12 June 2003 who holds, or held, office of a kind referred to in paragraph (a) (“the qualifying office”) is to be regarded as holding, or having held, high judicial office only if—

(i)he has ceased to be Lord Chancellor by virtue of that appointment, and

(ii)he holds, or held, the qualifying office otherwise than by virtue of that appointment as Lord Chancellor.

(3)In this Part—

(a)“ordinary judge” means a judge of the Supreme Court who is not the President or the Deputy President of the Court;

(b)the senior ordinary judge at any time is, of the ordinary judges at that time, the one who has served longest as a judge of the Court (whether over one or more periods and whether or not including one or more previous periods as President or Deputy President).

(4)Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of subsection (3)(b).

(5)In this Part references to the Lord Chancellor notifying a selection are to be read in accordance with section 29(6).