SCHEDULES

SCHEDULE 11Transitional provisions

The Supreme Court

66

1

Until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4) this Act has effect subject to the following modifications.

2

In section 96, for “Supreme Court” substitute “ Judicial Committee of the Privy Council ”.

3

In section 98(6)(a), for “the Supreme Court decides” substitute “ the Judicial Committee of the Privy Council decide ”.

4

In the following provisions, for “Supreme Court” substitute “ Judicial Committee of the Privy Council ”

a

the title to section 99,

b

subsection (1) of that section,

c

section 100(1)(b),

d

section 101(4)(c), and

e

section 102(2)(b).

5

In section 102(3)(a), for “the Supreme Court has” substitute “ the Judicial Committee of the Privy Council have ”.

6

In section 111(6)(a), for “the Supreme Court decides” substitute “ the Judicial Committee of the Privy Council decide ”.

7

In the following provisions, for “Supreme Court” substitute “ Judicial Committee of the Privy Council ”

a

the title to section 112,

b

subsection (1) of that section,

c

section 113(1)(b),

d

section 114(4)(c), and

e

section 115(2)(b).

8

In section 115(3)(a), for “the Supreme Court has” substitute “ the Judicial Committee of the Privy Council have ”.

9

In section 148(1)(f), for “Senior Courts” substitute “ Supreme Court ”.

10

In paragraph 1(2) of Schedule 9 after “Schedule” insert

—

a

“the Judicial Committee” means the Judicial Committee of the Privy Council, and

b

 

11

In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court” substitute “ House of Lords ”.

12

In the following provisions of that Schedule—

a

paragraph 10 and the heading before it,

b

paragraph 18 and the heading before it,

c

paragraph 19,

d

paragraph 20 and the heading before it,

e

paragraph 27 and the heading before it,

f

sub-paragraph (1) of paragraph 29 and the heading before it, and

g

paragraph 30(1),

for “Supreme Court” substitute “ Judicial Committee ”.

13

In paragraph 11 of that Schedule—

a

for “Supreme Court”, in both places, substitute “ Judicial Committee ”,

b

for “permission”, in the first two places, substitute “ leave ”, and

c

for “permission”, in the third place, substitute “ special leave ”,

and in the heading before it, for “Supreme Court” substitute “ Judicial Committee ”.

14

In paragraph 21 of that Schedule—

a

for “Supreme Court apart from this paragraph” substitute “ House of Lords ”,

b

for “Supreme Court”, in the second and third places, substitute “ Judicial Committee ”,

c

for “permission”, in the first two places, substitute “ leave ”, and

d

for “permission”, in the third place, substitute “ special leave ”.

15

In paragraph 28 of that Schedule—

a

for “Supreme Court”, in both places, substitute “ Judicial Committee ”,

b

for “permission”, in the first two places, substitute “ leave ”, and

c

for “permission”, in the third place, substitute “ special leave ”,

and in the heading before it, for “Supreme Court” substitute “ Judicial Committee ”.

16

Before paragraph 29 of that Schedule insert—

Proceedings in the House of Lords

28A

Any devolution issue which arises in judicial proceedings in the House of Lords is to be referred to the Judicial Committee unless the House considers it more appropriate, having regard to all the circumstances, that it should determine the issue.

67

1

This paragraph has effect until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4).

2

Any decision of the Judicial Committee in proceedings under this Act—

a

must be stated in open court, and

b

is binding in all legal proceedings (other than proceedings before the Judicial Committee).

3

The only members of the Judicial Committee who may sit and act as members of the Judicial Committee in proceedings under this Act are those who hold or have held—

a

the office of a Lord of Appeal in Ordinary, or

b

high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)).

4

Her Majesty may by Order in Council—

a

confer on the Judicial Committee in relation to proceedings under this Act such powers as appear to be appropriate,

b

apply the Judicial Committee Act 1833 (c. 41) in relation to proceedings under this Act with exceptions and modifications, and

c

make rules for regulating the procedure with respect to proceedings under this Act before the Judicial Committee.

5

An Order in Council under sub-paragraph (4) may make such modifications of—

a

any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

b

any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made by the Order in Council.

6

No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

7

A statutory instrument containing an Order in Council which makes provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.