Constitutional Reform Act 2005

• Citation: 2005 c. 4
• Sections: 1067

Section 1 The rule of law

This Act does not adversely affect—

(a) the existing constitutional principle of the rule of law, or

(b) the Lord Chancellor's existing constitutional role in relation to that principle.

Section 2 Lord Chancellor to be qualified by experience

(1) A person may not be recommended for appointment as Lord Chancellor unless he appears to the Prime Minister to be qualified by experience.

(2) The Prime Minister may take into account any of these—

(a) experience as a Minister of the Crown;

(b) experience as a member of either House of Parliament;

(c) experience as a qualifying practitioner;

(d) experience as a teacher of law in a university;

(e) other experience that the Prime Minister considers relevant.

(3) In this section “ qualifying practitioner ” means any of these—

(a) a person who has a Senior Courts qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;

(c) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

Section 3 Guarantee of continued judicial independence

(1) The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary.

(2) Subsection (1) does not impose any duty which it would be within the legislative competence of the Scottish Parliament to impose.

(3) A person is not subject to the duty imposed by subsection (1) if he is subject to the duty imposed by section 1(1) of the Justice (Northern Ireland) Act 2002 (c. 26).

(4) The following particular duties are imposed for the purpose of upholding that independence.

(5) The Lord Chancellor and other Ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary.

(6) The Lord Chancellor must have regard to—

(a) the need to defend that independence;

(b) the need for the judiciary to have the support necessary to enable them to exercise their functions;

(c) the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters.

(7) In this section “ the judiciary ” includes the judiciary of any of the following—

(a) the Supreme Court;

(b) any other court established under the law of any part of the United Kingdom;

(c) any international court.

(7A) In this section “ the judiciary ” also includes every person who—

(a) holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and

(b) but for this subsection would not be a member of the judiciary for the purposes of this section.

(7B) The offices are those of—

(a) Senior President of Tribunals;

(b) President of Employment Tribunals (Scotland);

(c) Vice President of Employment Tribunals (Scotland);

(d) member of a panel of Employment Judges (Scotland);

(e) member of a panel of members of employment tribunals that is not a panel of Employment Judges ;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In subsection (7) “ international court ” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

(a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or

(b) a resolution of the Security Council or General Assembly of the United Nations.

Section 4 Guarantee of continued judicial independence: Northern Ireland

(1) For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of continued judicial independence) substitute—

Guarantee of continued judicial independence

(1)

(1) The following persons must uphold the continued independence of the judiciary—

(a) the First Minister,

(b) the deputy First Minister,

(c) Northern Ireland Ministers, and

(d) all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.

(2) The following particular duty is imposed for the purpose of upholding that independence.

(3) The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

(4) In this section “ the judiciary ” includes the judiciary of any of the following—

(a) the Supreme Court;

(b) any other court established under the law of any part of the United Kingdom;

(c) any international court.

(5) In subsection (4) “ international court ” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

(a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or

(b) a resolution of the Security Council or General Assembly of the United Nations.

(2) In section 91(2) of that Act (extent: provisions not restricted to Northern Ireland), before paragraph (a) insert—

(za) section 1,

Section 5 Representations to Parliament

(A1) The President of the Supreme Court may lay before Parliament written representations on matters that appear to the President to be matters of importance relating to the Supreme Court or to the jurisdiction it exercises.

(1) The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.

(2) In relation to Scotland the matters mentioned in subsections (A1) and (1) do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.

(3) In relation to Northern Ireland the matters mentioned in subsections (A1) and (1) do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(4) In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).

(5) In this section “ chief justice ” means—

(a) in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;

(b) in relation to Scotland, the Lord President of the Court of Session.

Section 6 Representations to the Northern Ireland Assembly

(1) The Lord Chief Justice of Northern Ireland may lay before the Northern Ireland Assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in Northern Ireland.

(2) The matters are—

(a) excepted or reserved matters to which a Bill for an Act of the Northern Ireland Assembly relates;

(b) transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.

(3) In subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the Northern Ireland Act 1998.

Section 7 President of the Courts of England and Wales

(1) The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England and Wales.

(2) As President of the Courts of England and Wales he is responsible—

(a) for representing the views of the judiciary of England and Wales to Parliament, to the Lord Chancellor and to Ministers of the Crown generally;

(b) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of England and Wales within the resources made available by the Lord Chancellor;

(c) for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts.

(3) The President of the Courts of England and Wales is president of the courts listed in subsection (4) and is entitled to sit in any of those courts.

(4) The courts are—

the Court of Appeal

the High Court

the Crown Court

the family court

the county court

the magistrates' courts.

(5) In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2)(Lord Chancellor to be president of the Supreme Court of England and Wales) ceases to have effect.

Section 8 Head and Deputy Head of Criminal Justice

(1) There is to be a Head of Criminal Justice.

(2) The Head of Criminal Justice is—

(a) the Lord Chief Justice, or

(b) if the Lord Chief Justice appoints another person, that person.

(3) The Lord Chief Justice may appoint a person to be Deputy Head of Criminal Justice.

(4) The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—

(a) the Lord Chief Justice has consulted the Lord Chancellor;

(b) the person to be appointed is a judge of the Court of Appeal.

(5) A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.

Section 9 Head and Deputy Head of Family Justice

(1) The President of the Family Division is Head of Family Justice.

(2) The Lord Chief Justice may appoint a person to be Deputy Head of Family Justice.

(3) The Lord Chief Justice must not appoint a person under subsection (2) unless these conditions are met—

(a) the Lord Chief Justice has consulted the Lord Chancellor;

(b) the person to be appointed is an ordinary judge of the Court of Appeal.

(4) A person appointed as Deputy Head of Family Justice holds that office in accordance with the terms of his appointment.

Section 10 The Lord Chancellor and Northern Ireland courts

In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—

Lord Chancellor's duty

(68A)

(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a) the Supreme Court,

(b) county courts,

(c) magistrates' courts, and

(d) coroners' courts,

and that appropriate services are provided for those courts.

(2) The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his duty under subsection (1).

Section 11 Lord Chief Justice of Northern Ireland

For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute—

(1A) The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

(1B) As President of the Courts of Northern Ireland he is responsible—

(a) for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;

(b) for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;

(c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;

(d) for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.

(1C) The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

(1D) The courts are—

the Court of Appeal

the High Court

the Crown Court

the county courts

the magistrates' courts.

Section 12 Powers to make rules

(1) Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.

(2) Part 2 of the Schedule contains amendments of Acts that contain rule-making powers.

(3) Those amendments—

(a) provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and

(b) make consequential provision.

Section 13 Powers to give directions

(1) Part 1 of Schedule 2 sets out a process for the exercise of powers to give directions.

(2) Part 2 of the Schedule contains amendments of Acts that contain powers to give directions.

(3) Those amendments—

(a) provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and

(b) make consequential provision.

Section 14 Transfer of appointment functions to Her Majesty

Schedule 3 provides for—

(a) Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and

(b) the modification of enactments relating to those offices.

Section 15 Other functions of the Lord Chancellor and organisation of the courts

(1) Schedule 4 provides for—

(a) the transfer of functions to or from the Lord Chancellor,

(b) the modification of other functions of the Lord Chancellor,

(c) the modification of enactments relating to those functions, and

(d) the modification of enactments relating to the organisation of the courts.

(2) Schedule 5 makes similar provision about functions under legislation relating to Northern Ireland.

Section 16 Functions of the Lord Chief Justice during vacancy or incapacity

(1) This section applies during any period when—

(a) the office of Lord Chief Justice is vacant, or

(b) the Lord Chief Justice is incapacitated.

(2) During such a period—

(a) any function of the Lord Chief Justice may be exercised by the senior Head of Division;

(b) anything which falls to be done in relation to the Lord Chief Justice may be done in relation to the senior Head of Division.

(3) The senior Head of Division is—

(a) the Master of the Rolls, or

(b) the President of the Queen's Bench Division, if the office in paragraph (a) is vacant, or

(c) the President of the Family Division, if the offices in paragraphs (a) and (b) are vacant, or

(d) the Chancellor of the High Court, if the offices in paragraphs (a), (b) and (c) are vacant.

(4) For the purposes of this section—

(a) the Lord Chief Justice is to be regarded as incapacitated only if at least three of the Heads of Division declare in writing that they are satisfied that he is incapacitated;

(b) in such a case, the Lord Chief Justice is to be regarded as incapacitated until at least three of the Heads of Division declare in writing that they are satisfied that he is no longer incapacitated.

(5) In this section—

(a) “ Lord Chief Justice ” means the Lord Chief Justice of England and Wales;

(b) “ incapacitated ”, in relation to the Lord Chief Justice, means unable to exercise the functions of that office;

(c) “ Head of Division ” means each of the office holders referred to in subsection (3).

Section 17 Lord Chancellor's oath

(1) In the Promissory Oaths Act 1868 (c. 72) after section 6 insert—

Lord Chancellor's Oath

(6A)

(1) The oath set out in subsection (2) shall be tendered to and taken by the Lord Chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office.

(2) The oath is—

“I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”.

(2) The section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section.

Section 18 Speakership of the House of Lords

Schedule 6 contains amendments relating to the Speakership of the House of Lords.

Section 19 Transfer, modification or abolition of functions by order

(1) The Lord Chancellor may by order make provision for any of these purposes—

(a) to transfer an existing function of the Lord Chancellor to another person;

(b) to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person;

(c) to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor;

(d) to modify an existing function of the Lord Chancellor;

(e) to abolish an existing function of the Lord Chancellor.

(2) An order under subsection (1) may in particular—

(a) amend or repeal any of the following—

(i) an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

(ii) subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

(iii) any other instrument or document, including a prerogative instrument;

(b) include—

(i) any supplementary, incidental or consequential provision, and

(ii) any transitory, transitional or saving provision,

which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1).

(3) The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this Act.

(4) An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc ).

(5) An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7.

(6) An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order—

(a) becomes exercisable by the Lord Chancellor concurrently with another person, or

(b) is modified.

(7) An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1).

(8) In this section—

“ existing function ” means any function other than one that is conferred by—

an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed, or

subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

“ prerogative instrument ” means an Order in Council, warrant, charter or other instrument made under the prerogative.

Section 20 Protected functions not transferable under Ministers of the Crown Act 1975

(1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows.

(2) In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—

(6) This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005.

(7) An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council—

(a) is transferred to the Lord Chancellor,

(b) becomes exercisable by the Lord Chancellor concurrently with another person, or

(c) remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.

(8) An Order in Council under this section may not, to the extent that it amends Schedule 7 to the Constitutional Reform Act 2005, be revoked by another Order in Council under this section.

(3) After section 5(3) (Orders under Act to be revocable) insert—

(3A) Subsection (3) is subject to section 1(8).

Section 21 Amendment of Schedule 7

(1) The Lord Chancellor may by order amend Schedule 7 so as to include within that Schedule any function of the Lord Chancellor under an enactment, other than an enactment contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed.

(2) For the purposes of subsection (1) it does not matter whether a function of the Lord Chancellor is exercisable by him alone or concurrently with another person.

(3) An order made under this section may not be revoked by an order made under this section.

Section 22 Transfers: supplementary

(1) This section applies where a function of the Lord Chancellor is transferred to another person (“ the transferee ”) by any provision of this Act or of an order under section 19 (“the amending provision”).

(2) Where the transferee is Her Majesty, references to the transferee in the following provisions of this section are to be read as references to the Lord Chancellor.

(3) The transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Chancellor before the commencement of the amending provision.

(4) So far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of this Act, as if—

(a) a reference to the Lord Chancellor were a reference to the transferee;

(b) a reference to the Lord Chancellor's Department were a reference to the department of the transferee;

(c) a reference to an officer of the Lord Chancellor were a reference to an officer of the transferee.

(5) Anything done by or in relation to the Lord Chancellor in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee.

(6) Anything which relates to the function and which is in the process of being done by or in relation to the Lord Chancellor at the commencement of the amending provision may be continued by or in relation to the transferee.

(7) Legal proceedings to which the Lord Chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee.

(8) Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Lord Chancellor, his Department or an officer of his.

(9) For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his.

Section 23 The Supreme Court

(1) There is to be a Supreme Court of the United Kingdom.

(2) The Court consists of the persons appointed as its judges by Her Majesty by letters patent , but no appointment may cause the full-time equivalent number of judges of the Court at any time to be more than 12 .

(3) Her Majesty may from time to time by Order in Council amend subsection (2) so as to increase or further increase the maximum full-time equivalent number of judges of the Court.

(4) No recommendation may be made to Her Majesty in Council to make an Order under subsection (3) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

(5) Her Majesty may by letters patent appoint one of the judges to be President and one to be Deputy President of the Court.

(6) The judges other than the President and Deputy President are to be styled “Justices of the Supreme Court”.

(7) The Court is to be taken to be duly constituted despite any vacancy ... in the office of President or Deputy President.

(8) For the purposes of this section, the full-time equivalent number of judges of the Court is to be calculated by taking the number of full-time judges and adding, for each judge who is not a full-time judge, such fraction as is reasonable.

Section 24 First members of the Court

On the commencement of section 23—

(a) the persons who immediately before that commencement are Lords of Appeal in Ordinary become judges of the Supreme Court,

(b) the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Court, and

(c) the person who immediately before that commencement is the second senior Lord of Appeal in Ordinary becomes the Deputy President of the Court.

Section 25 Qualification for appointment

(1) A person is not qualified to be appointed a judge of the Supreme Court unless he has (at any time)—

(a) held high judicial office for a period of at least 2 years,

(b) been a qualifying practitioner for a period of at least 15 years.

(b) satisfied the judicial-appointment eligibility condition on a 15-year basis, or

(c) been a qualifying practitioner for a period of at least 15 years.

(2) A person is a qualifying practitioner for the purposes of this section at any time when—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) he is an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary, or

(c) he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

Section 26 Selection of members of the Court

(1) This section applies to a recommendation for an appointment to one of the following offices—

(a) judge of the Supreme Court;

(b) President of the Court;

(c) Deputy President of the Court.

(2) A recommendation may be made only by the Prime Minister.

(3) The Prime Minister—

(a) must recommend any person who is selected as a result of the convening of a selection commission under this section ;

(b) may not recommend any other person.

(4) Where a person who is not a judge of the Court is recommended for appointment as President or Deputy President, the recommendation must also recommend the person for appointment as a judge.

(5) If there is a vacancy in the office of President of the Court or in the office of Deputy President of the Court, or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

(5A) If—

(a) the full-time equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and

(b) the Lord Chancellor, or the senior judge of the Court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the Court,

the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

(5B) In subsection (5A)(b) “ the senior judge of the Court ” means—

(a) the President of the Court, or

(b) if there is no President, the Deputy President, or

(c) if there is no President and no Deputy President, the senior ordinary judge.

(6) Schedule 8 is about selection commissions.

(7) Subsections (5) and (5A) are subject to Schedule 8 (cases where duty to convene a selection commission are suspended).

(7A) For the purposes of this section and Schedule 8, a person is selected as a result of the convening of a selection commission if the person's selection is the final outcome of—

(a) the selection process mentioned in section 27(1) being applied by the commission, and

(b) any process provided for by regulations under section 27A being applied in the particular case.

(8) Section 27 applies where a selection commission is convened under this section.

Section 27 Selection process

(1) The commission must—

(a) determine the selection process to be applied by it ,

(b) apply the selection process, and

(c) make a selection accordingly.

(1A) The commission must have an odd number of members not less than five.

(1B) The members of the commission must include—

(a) at least one who is non-legally-qualified,

(b) at least one judge of the Court,

(c) at least one member of the Judicial Appointments Commission,

(d) at least one member of the Judicial Appointments Board for Scotland, and

(e) at least one member of the Northern Ireland Judicial Appointments Commission,

and more than one of the requirements may be met by the same person's membership of the commission.

(1C) If the commission is convened for the selection of a person to be recommended for appointment as President of the Court—

(a) its members may not include the President of the Court, and

(b) it is to be chaired by one of its non-legally-qualified members.

(1D) If the commission is convened for the selection of a person to be recommended for appointment as Deputy President of the Court, its members may not include the Deputy President of the Court.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsections (5) to (10) apply to any selection under this section or regulations under section 27A .

(5) Selection must be on merit.

(5A) Where two persons are of equal merit—

(a) section 159 of the Equality Act 2010 (positive action: recruitment etc ) does not apply in relation to choosing between them, but

(b) Part 5 of that Act (public appointments etc ) does not prevent the commission from preferring one of them over the other for the purpose of increasing diversity within the group of persons who are the judges of the Court.

(6) A person may be selected only if he meets the requirements of section 25.

(7) A person may not be selected if he is a member of the commission.

(8) In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.

(9) The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.

(10) Any selection must be of one person only.

(11) For the purposes of this section a person is non-legally-qualified if the person—

(a) does not hold, and has never held, any of the offices listed in Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), and

(b) is not practising or employed as a lawyer, and never has practised or been employed as a lawyer.

Section 27A Regulations about selection process

(1) The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court—

(a) make further provision about membership of selection commissions convened under section 26,

(b) make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and

(c) secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor.

(2) The regulations may in particular—

(a) provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process;

(b) make provision as to things that are, or as to things that are not, to be done by a selection commission—

(i) as part of the selection process applied by it under section 27(1), or

(ii) in determining what that process is to be;

(c) provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection;

(d) provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection;

(e) give other functions to the Lord Chancellor;

(f) provide for particular action to be taken by a selection commission after it has complied with section 27;

(g) provide for the dissolution of a selection commission;

(h) provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—

(i) as a member of a selection commission (including functions of chairing a selection commission), or

(ii) in relation to the nomination or appointment of members of a selection commission;

(i) provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission;

(j) provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission;

(k) provide for payment to a member of a selection commission of amounts by way of allowances or expenses;

(l) make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b).

(3) Before making regulations under this section the Lord Chancellor must consult—

(a) the First Minister in Scotland,

(b) the Northern Ireland Judicial Appointments Commission,

(c) the First Minister for Wales,

(d) the Lord President of the Court of Session,

(e) the Lord Chief Justice of Northern Ireland, and

(f) the Lord Chief Justice of England and Wales.

(4) Regulations under this section—

(a) may make different provision for different purposes;

(b) may make transitory, transitional or saving provision.

(5) In this section “ the senior judge ”, in relation to the Court, has the meaning given by section 26(5B).

Section 27B Selection guidance: supplementary

(1) Before issuing any selection guidance the Lord Chancellor must—

(a) consult the senior judge of the Supreme Court;

(b) after doing so, lay a draft of the proposed guidance before each House of Parliament.

(2) If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.

(3) In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.

(4) Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the senior judge of the Court.

(5) Selection guidance comes into force on such date as the Lord Chancellor may appoint by order.

(6) Where selection guidance is in force, the Lord Chancellor may revoke the guidance only by—

(a) new selection guidance issued in accordance with the previous provisions of this section, or

(b) an order made after consulting the senior judge of the Court.

(7) In this section—

“ 40-day period ” in relation to the draft of any proposed selection guidance means—

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and

in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;

“ the senior judge ”, in relation to the Court, has the meaning given by section 26(5B);

“ selection guidance ” means guidance mentioned in section 27(9).

Section 28 Report

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Section 29 The Lord Chancellor's options

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Section 30 Exercise of powers to reject or require reconsideration

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Section 31 Selection following rejection or requirement to reconsider

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Section 32 Oath of allegiance and judicial oath

(1) A person who is appointed as President of the Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a) the Deputy President, or

(b) if there is no Deputy President, the senior ordinary judge.

(2) A person who is appointed as Deputy President of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a) the President, or

(b) if there is no President, the senior ordinary judge.

(3) A person who is appointed as a judge of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a) the President, or

(b) if there is no President, the Deputy President, or

(c) if there is no President and no Deputy President, the senior ordinary judge.

(4) Subsections (1) and (2) apply whether or not the person appointed as President or Deputy President has previously taken the required oaths in accordance with this section after accepting another office.

(5) Subsection (3) does not apply where a person is first appointed as a judge of the Court upon appointment to the office of President or Deputy President.

(6) In this section “ required oaths ” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

Section 33 Tenure

A judge of the Supreme Court holds that office during good behaviour, but may be removed from it on the address of both Houses of Parliament.

Section 34 Salaries and allowances

(1) A judge of the Supreme Court is entitled to a salary.

(2) The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.

(3) Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.

(4) A determination under subsection (2) may increase but not reduce the amount.

(5) Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.

(6) Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.

Section 35 Resignation and retirement

(1) A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.

(2) The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.

(3) In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court” .

Section 36 Medical retirement

(1) This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—

(a) is disabled by permanent infirmity from the performance of the duties of his office, and

(b) is for the time being incapacitated from resigning his office.

(2) The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.

(3) A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.

(4) But such a declaration has no effect unless it is made—

(a) in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;

(b) in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;

(c) in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.

Section 37 Pensions

(1) In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—

(a) in the first column, substitute “ Judge of the Supreme Court ” , and

(b) in the second column, in each place substitute “ judge of the Supreme Court ” .

(2) In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court” .

(3) The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.

Section 38 Acting judges

(1) At the request of the President of the Supreme Court any of the following may act as a judge of the Court—

(a) a person who holds office as a senior territorial judge;

(b) a member of the supplementary panel under section 39.

(2) A request under subsection (1) may be made by the Deputy President of the Court if there is no President or the President is unable to make that request.

(3) In section 26(7) of the Judicial Pensions and Retirement Act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute—

(b) act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;

(4) Every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the Supreme Court (and so may perform any of the functions of a judge of the Court).

(5) A person is not to be treated under subsection (4) as a judge of the Court for the purposes of any statutory provision relating to—

(a) the appointment, retirement, removal or disqualification of judges of the Court,

(b) the tenure of office and oaths to be taken by judges of the Court, or

(c) the remuneration, allowances or pensions of judges of the Court.

(6) Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person is not to be treated under subsection (4) as having been a judge of the Court if he has acted in the Court only under this section.

(7) Such remuneration and allowances as the Lord Chancellor may with the agreement of the Treasury determine may be paid out of money provided by Parliament to any person who acts as a judge of the Court under this section.

(8) In this section “ office as a senior territorial judge ” means office as any of the following—

(a) a judge of the Court of Appeal in England and Wales;

(b) a judge of the Court of Session, but only if the holder of the office is a member of the First or Second Division of the Inner House of that Court;

(c) a judge of the Court of Appeal in Northern Ireland, unless the holder holds the office only by virtue of being a puisne judge of the High Court.

Section 39 Supplementary panel

(1) There is to be a panel of persons known as the supplementary panel.

(2) On the commencement of this section any member of the House of Lords who—

(a) meets one of the conditions in subsection (3),

(b) does not hold high judicial office,

(c) has not attained the age of 75, and

(d) is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,

becomes a member of the panel.

(3) The conditions are—

(a) that he ceased to hold high judicial office less than 5 years before the commencement of this section;

(b) that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;

(c) that he ceased to be a member of that Committee less than 5 years before that commencement.

(4) A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office or within 2 years of ceasing to hold such office —

(a) his membership of the panel is approved in writing by the President of the Supreme Court, and

(b) the President of the Court gives the Lord Chancellor notice in writing of the approval.

(5) Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.

(6) Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—

(a) while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,

(b) he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or

(c) his office is declared vacant under section 36.

(7) A person does not become a member of the supplementary panel under subsection (4) or (6) if—

(a) on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or

(b) on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.

(8) A member of the supplementary panel may resign by notice in writing to the President of the Court.

(9) Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—

(a) at the end of 5 years after the last day on which he holds his qualifying office, or

(b) if earlier, at the end of the day on which he attains the age of 75.

(10) In this section—

(a) “ office as a senior territorial judge ” has the same meaning as in section 38;

(b) a person's “ qualifying office ” is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.

Section 40 Jurisdiction

(1) The Supreme Court is a superior court of record.

(2) An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 9—

(a) transfers other jurisdiction from the House of Lords to the Court,

(b) transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and

(c) makes other amendments relating to jurisdiction.

(5) The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.

(6) An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.

Section 41 Relation to other courts etc

(1) Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.

(2) A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.

(3) A decision of the Supreme Court on a devolution matter—

(a) is not binding on that Court when making such a decision;

(b) otherwise, is binding in all legal proceedings.

(4) In this section “ devolution matter ” means—

(a) a question referred to the Supreme Court under section ... 99 or 112 of the Government of Wales Act 2006, section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);

(b) a devolution issue as defined in Schedule 9 to the Government of Wales Act 2006 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.

Section 42 Composition

(1) The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—

(a) the Court consists of an uneven number of judges;

(b) the Court consists of at least three judges;

(c) more than half of those judges are permanent judges.

(2) Paragraphs (a) and (b) of subsection (1) are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.

(3) Paragraph (b) of subsection (1) is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.

(4) This section is subject to section 43.

(5) In this section—

(a) “ directions ” means directions given by the President of the Court;

(b) “ specified ”, in relation to directions, means specified in those directions;

(c) references to permanent judges are references to those judges of the Court who are not acting judges under section 38.

(6) This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.

Section 43 Changes in composition

(1) This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.

(2) The presiding judge may direct that the Court is still duly constituted in the proceedings.

(3) The presiding judge may give a direction under this section only if—

(a) the parties agree;

(b) the Court still consists of at least three judges (whether the number of judges is even or uneven);

(c) at least half of those judges are permanent judges.

(4) Subsections (2) and (3) are subject to directions given by the President of the Court.

(5) If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.

(6) In this section—

(a) “ presiding judge ” means the judge who is to preside, or is presiding, over proceedings;

(b) references to permanent judges have the same meaning as in section 42.

Section 44 Specially qualified advisers

(1) If the Supreme Court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it.

(2) Any remuneration payable to such an adviser is to be determined by the Court unless agreed between the adviser and the parties to the proceedings.

(3) Any remuneration forms part of the costs of the proceedings.

Section 45 Making of rules

(1) The President of the Supreme Court may make rules (to be known as “ Supreme Court Rules ”) governing the practice and procedure to be followed in the Court.

(2) The power to make Supreme Court Rules includes power to make different provision for different cases, including different provision—

(a) for different descriptions of proceedings, or

(b) for different jurisdiction of the Supreme Court.

(3) The President must exercise the power to make Supreme Court Rules with a view to securing that—

(a) the Court is accessible, fair and efficient, and

(b) the rules are both simple and simply expressed.

(4) Before making Supreme Court Rules the President must consult all of the following—

(a) the Lord Chancellor;

(b) the bodies listed in subsection (5);

(c) such other bodies that represent persons likely to be affected by the Rules as the President considers it appropriate to consult.

(5) The bodies referred to in subsection (4)(b) are—

The General Council of the Bar of England and Wales;

The Law Society of England and Wales;

The Faculty of Advocates of Scotland;

The Law Society of Scotland;

The General Council of the Bar of Northern Ireland;

The Law Society of Northern Ireland.

Section 46 Procedure after rules made

(1) Supreme Court Rules made by the President of the Supreme Court must be submitted by him to the Lord Chancellor.

(2) Supreme Court Rules submitted to the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(3) A statutory instrument containing Supreme Court Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 47 Photography etc

(1) In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—

(a) the expression “ court ” means any court of justice (including the court of a coroner), apart from the Supreme Court;

(2) In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.) (prohibition on taking photographs etc in court), for subsection (2)(a) substitute—

(a) the expression “ court ” means any court of justice (including the court of a coroner), apart from the Supreme Court;

Section 48 Chief executive

(1) The Supreme Court is to have a chief executive.

(2) It is for the President of the Court to appoint the chief executive.

(3) The President of the Court may delegate to the chief executive any of these functions—

(a) functions of the President under section 49(1) or 51A(1)(a) or (b) ;

(b) non-judicial functions of the Court.

(4) The chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the President of the Court.