The Constitutional Reform Act 2005 (Commencement No. 4) Order 2006

Statutory Instruments

2006 No. 228 (C. 5)

SUPREME COURT OF ENGLAND AND WALES

The Constitutional Reform Act 2005 (Commencement No. 4) Order 2006

Made

29th January 2006

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by section 148 of the Constitutional Reform Act 2005(1).

Citation

1.  This Order may be cited as the Constitutional Reform Act 2005 (Commencement No. 4) Order 2006.

Commencement of provisions of the Constitutional Reform Act

2.  Sections 45 and 46 of the Constitutional Reform Act 2005 shall come into force on 27th February 2006.

Falconer of Thoroton , C

Dated 29th January 2006

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 45 and 46 of the Constitutional Reform Act 2005 (c. 4) (“the Act”), which 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. In order that 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, a temporary modification of these sections will be necessary. In order that this modification may be made under section 143(1) and (2)(a) of the Act, this Order has brought these sections into force.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Section 15(2) (partially).	31.08.2005	2005/2284
Sections 65(1) to (3).	01.10.2005	2005/2505
Section 66.	01.10.2005	2005/2505
Section 85(3).	01.10.2005	2005/2505
Sections 115 to 118 (partially).	01.10.2005	2005/2505
Section 123 (partially).	15.06.2005	2005/1431
Section 132.	15.06.2005	2005/1431
Schedule 4: 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.	01.10.2005	2005/2505
Schedule 5: paragraphs 122(4) and 126(4).	31.08.2005	2005/2284
Schedule 12: paragraph 26 (partially).	01.10.2005	2005/2505

(1)

2005 c. 4.