SCHEDULES
SCHEDULE 11Transitional provisions
The Supreme Court
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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.