The Constitutional Reform Act 2005 (Temporary Modifications) Order 2006

Statutory Instruments

2006 No. 227

SUPREME COURT OF ENGLAND AND WALES

The Constitutional Reform Act 2005 (Temporary Modifications) Order 2006

Made

29th January 2006

Laid before Parliament

3rd February 2006

Coming into force

27th February 2006

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by section 143(1) and (2)(a) of the Constitutional Reform Act 2005(1).

Citation and commencement

1.  This Order may be cited as the Constitutional Reform Act 2005 (Temporary Modifications) Order 2006 and shall come into force on 27th February 2006.

Temporary modifications to the Constitutional Reform Act 2005

2.  Until the commencement of section 23, sections 45 and 46 of the Constitutional Reform Act 2005 shall have effect as if any reference to the President of the Supreme Court in those sections is a reference to the senior Lord of Appeal in Ordinary.

Falconer of Thoroton, C

Dated 29th January 2006

Explanatory Note

(This note is not part of the Order)

Section 45 and 46 of the Constitutional Reform Act 2005 (c. 4) (“the Act”) make provision for the President of the Supreme Court to make the Supreme Court Rules.

By virtue of section 24(b) of the Act, when section 23 is commenced (which establishes the Supreme Court) the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Supreme Court. This Order provides that prior to that commencement, the senior Lord of Appeal in Ordinary may exercise the functions of the President under sections 45 and 46 in anticipation of the establishment of the Supreme Court.

(1)

2005 c. 4.