Government of Wales Act 2006

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

(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.