Constitutional Reform Act 2005 (Transitional and Consequential Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes transitional and consequential provisions arising from the commencement of certain paragraphs of Schedule 4 to the Constitutional Reform Act 2005 (c. 5) (“the Act”).

Paragraphs 115(2)(c) and (5)(b), 117(2)(b) and (4)(b), 118(3), 120(3)(b), 122(2)(a) and (4), 123(4), 125, 142, 212(3), 216, 229, 280(2), 309, 345 and 351 of Schedule 4 to the Act amend the Supreme Court Act 1981 (c. 54) to establish the distinct office of President of the Queen’s Bench Division of the High Court of England and Wales (previously held by the Lord Chief Justice), and to rename the office of Vice Chancellor as Chancellor of the High Court. Paragraphs 142, 212(3), 216, 229, 280(2), 309, 345 and 351 of Schedule 4 make amendments to other legislation consequent upon these changes. Those amendments have been commenced by the Constitutional Reform Act 2005 (Commencement No. 3) Order 2005 (S.I. 2005/ 2505 (C.106)) (“the Commencement Order”).

The purpose of the transitional provisions made by article 2 of this Order is to ensure that references to the Vice-Chancellor in other legislation, which will be amended by provisions of the Act to be brought into force at a later date, do not conflict with the new references to the Chancellor of the High Court brought into force by the Commencement Order. The consequential provisions in article 3 are to ensure that references to the Vice-Chancellor in certain secondary legislation are amended to refer to the Chancellor of the High Court.