UKPGA-2005-4 Constitutional Reform Act 2005 UK

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

The Prime Minister may take into account any of these—

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

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.

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

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).

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

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

The Lord Chancellor must have regard to—

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

In this section “the judiciary” also includes every person who—

The offices are those of—

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—

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

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

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.

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.

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.

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.

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

In this section “chief justice” means—

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.

The matters are—

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

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.

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

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.

The courts are—the Court of Appeal the High Court the Crown Court the family court the county court the magistrates' courts.

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.

There is to be a Head of Criminal Justice.

The Head of Criminal Justice is—

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

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

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.

The President of the Family Division is Head of Family Justice.

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

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

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

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

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

Those amendments—

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

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

Those amendments—

Schedule 4 provides for—

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

This section applies during any period when—

During such a period—

The senior Head of Division is—

For the purposes of this section—

In this section—

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

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

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

An order under subsection (1) may in particular—

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.

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).

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

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

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

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.

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

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

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

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.

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.

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

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”).

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.

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.

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—

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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

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

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.

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

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

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

A recommendation may be made only by the Prime Minister.

The Prime Minister—

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.

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.

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

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

Schedule 8 is about selection commissions.

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

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—

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

The commission must—

The commission must have an odd number of members not less than five.

The members of the commission must include—and more than one of the requirements may be met by the same person's membership of the commission.

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

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.

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

Selection must be on merit.

Where two persons are of equal merit—

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

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

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.

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.

Any selection must be of one person only.

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

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

The regulations may in particular—

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

Regulations under this section—

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

Before issuing any selection guidance the Lord Chancellor must—

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.

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

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.

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

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

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).

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 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 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—

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.

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.

In this section “required oaths” means—as set out in the Promissory Oaths Act 1868 (c. 72).

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

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

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.

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

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

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.

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

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.

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”.

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—

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

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.

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

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”—

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”.

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.

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

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.

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—.

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).

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—

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.

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.

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

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

On the commencement of this section any member of the House of Lords who—becomes a member of the panel.

The conditions are—

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—

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.

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

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

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

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—

In this section—

The Supreme Court is a superior court of record.

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

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Schedule 9—

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.

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.

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

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.

A decision of the Supreme Court on a devolution matter—

In this section “devolution matter” means—

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

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.

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.

This section is subject to section 43.

In this section—

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.

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.

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

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

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

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.

In this section—

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.

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.

Any remuneration forms part of the costs of the proceedings.

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.

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

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

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

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.

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

Supreme Court Rules submitted to the Lord Chancellor—

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

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

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—.

The Supreme Court is to have a chief executive.

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

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

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.

The President of the Supreme Court may appoint officers and staff of the Court.

It is for the chief executive of the Supreme Court to determine the following matters—

Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.

Accordingly, the civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the Court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the State.

In subsection (3) “the civil service pension arrangements” means—

The Lord Chancellor must ensure that the Supreme Court is provided with the following—

The Lord Chancellor may discharge the duty under subsection (1) by—

The powers to acquire land for the public service conferred by—are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b).

The Scottish Ministers may make payments by way of contribution to the costs incurred by the Lord Chancellor in providing the Court with resources in accordance with subsection (1)(b).

In this section “court-house” means any place where the Court sits, including the precincts of any building in which it sits.

The chief executive of the Supreme Court must ensure that the Court's resources are used to provide an efficient and effective system to support the Court in carrying on its business.

In particular—

A Supreme Court security officer is a person who is—

The President may give directions as to—

For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty.

In those sections “court building” means any building—

A Supreme Court security officer acting in the execution of the officer's duty may search—

Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear.

A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

A Supreme Court security officer acting in the execution of the officer's duty may—if it is reasonably necessary to do so for one of the purposes given in subsection (5).

The purposes are—

A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of—

The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.

If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.

The grounds are that the article—

Subject to subsection (4), a Supreme Court security officer may retain an article which was—until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—whichever is the later.

In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.

Subsections (3) to (5) do not apply where a knife is—but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).

If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.

In this section “knife” includes—

The Lord Chancellor may by regulations make provision as to—

In subsection (1) “unclaimed article” means an article—

Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—

In subsection (3)—“eligible person”, in relation to a knife retained under section 51C, means—the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or any other person specified in regulations under subsection (3);“knife” has the same meaning as in section 51C.

Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence.

A person guilty of an offence under subsection (1) is liable on summary conviction—

Subsection (2) applies—as if the reference to 12 months were a reference to 6 months.

A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence.

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Lord Chancellor may, with the agreement of the Treasury, by order prescribe fees payable in respect of anything dealt with by the Supreme Court.

An order under this section may, in particular, contain provision about—

When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.

Before making an order under this section, the Lord Chancellor must consult all of the following—

The persons referred to in subsection (4)(a) are—

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

Supreme Court fees are recoverable summarily as a civil debt.

The Lord Chancellor must take such steps as are reasonably practicable to bring information about Supreme Court fees to the attention of persons likely to have to pay them.

In this section “Supreme Court fees” means fees prescribed in an order under section 52.

As soon as practicable after each financial year, the chief executive of the Supreme Court must prepare a report about the business of the Supreme Court during that year and give a copy of that report to the following persons—

The Lord Chancellor must lay a copy of any report of which a copy is given under subsection (1)(a) before each House of Parliament.

Each of the following is a “financial year” for the purposes of this section—

The Supreme Court is to have an official seal.

Every document purporting to be sealed with the official seal of the Supreme Court is to be received in evidence in all parts of the United Kingdom without further proof.

The Public Records Act 1958 (c. 51) is amended as follows.

In section 8 (court records)—

In Schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert—.

The Northern Ireland Act 1998 (c. 47) is amended as follows.

In Schedule 2 (excepted matters), after paragraph 11 insert—

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The Supreme Court of England and Wales is renamed the Senior Courts of England and Wales.

The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.

The Northern Ireland Supreme Court Rules Committee is renamed the Northern Ireland Court of Judicature Rules Committee.

Any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the Senior Courts, the Court of Judicature or the Northern Ireland Court of Judicature Rules Committee (as the case may be).

Schedule 11 (which makes amendments in connection with the renaming) has effect.

Unless otherwise provided, amendments made by an enactment (A) (whether or not in force) to another enactment (B)—

In this Part—“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;“the senior judges” means—the judges of the Supreme Court; the Lord Chief Justice of England and Wales; the Master of the Rolls; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland; the Lord Justice Clerk; the President of the Queen's Bench Division; the President of the Family Division; the Chancellor of the High Court;“the Supreme Court” means the Supreme Court of the United Kingdom.

In this Part—

In this Part—

Service as a Lord of Appeal in Ordinary counts as service as a judge of the Court for the purposes of subsection (3)(b).

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There is to be a body corporate called the Judicial Appointments Commission.

Schedule 12 is about the Commission.

There is to be a Judicial Appointments and Conduct Ombudsman.

Schedule 13 is about the Ombudsman.

Subsections (2) to (4) apply to any selection under this Part by the Commission or a selection panel (“the selecting body”).

Selection must be solely on merit.

A person must not be selected unless the selecting body is satisfied that he is of good character.

Neither “solely” in subsection (2), nor Part 5 of the Equality Act 2010 (public appointments etc), prevents the selecting body, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within—

The Commission, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection for appointments.

This section is subject to section 63.

The Lord Chancellor may issue guidance about procedures for the performance by the Commission or a selection panel of its functions of—

The guidance may, among other things, relate to consultation or other steps in determining such procedures.

The purposes for which guidance may be issued under this section include the encouragement of diversity in the range of persons available for selection.

The Commission and any selection panel must have regard to the guidance in matters to which it relates.

Before issuing any guidance the Lord Chancellor must—

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.

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

Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the Lord Chief Justice.

Guidance comes into force on such date as the Lord Chancellor may appoint by order.

The Lord Chancellor may—

In this section—“40-day period” in relation to the draft of any proposed 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;“guidance” means guidance issued by the Lord Chancellor under section 65 and includes guidance which has been revised and re-issued.

Sections 68 to 70 apply to a recommendation for an appointment to one of the following offices—

Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.

The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Chief Justice.

The Lord Chancellor must make a recommendation to fill any vacancy in any other office listed in section 67(1).

Subsection (2) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation to which this section applies.

Before making a request the Lord Chancellor must consult the Lord Chief Justice.

Subsection (2) does not apply where the office of Lord Chief Justice is vacant or where the Lord Chief Justice is incapacitated for the purposes of section 16 (functions during vacancy or incapacity).

Section 70 applies where the Lord Chancellor makes a request under this section.

That section is subject to section 95 (withdrawal and modification of requests).

On receiving a request the Commission must appoint a selection panel.

The panel must have an odd number of members not less than five.

The members of the panel must include—and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

The members of the panel may not include the current holder of the office for which a selection is to be made.

If the panel is convened for the selection of a person to be recommended for appointment as Lord Chief Justice, it is to be chaired by one of its non-legally-qualified members.

The panel must—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

One person only must be selected for each recommendation to which a request relates.

Subsection (3) applies to selection under this section and to selection under regulations under section 94C.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A selection panel is a committee of the Commission.

Section 75B applies where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).

That section is subject to section 95 (withdrawal and modification of requests).

On receiving a request the Commission must appoint a selection panel.

The panel must have an odd number of members not less than five.

The members of the panel must include—and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

The members of the panel may not include the Senior President of Tribunals.

The panel must —

As part of the selection process the panel must consult—

One person only must be selected for the recommendation to which a request relates.

Subsection (4) applies to selection under this section and to selection under regulations under section 94C.

A selection panel is a committee of the Commission.

Sections 77 to 79 apply to a recommendation for appointment as a Lord Justice of Appeal.

Any such recommendation must be made in accordance with those sections and section 94C and regulations made under it.

The Lord Chancellor must make a recommendation to fill any vacancy in the office of Lord Justice of Appeal.

Subsection (1) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

The Lord Chancellor may make a request to the Commission for a person to be selected for a recommendation for appointment as a Lord Justice of Appeal.

Before making a request the Lord Chancellor must consult the Lord Chief Justice.

A request may relate to more than one recommendation.

Section 79 applies where the Lord Chancellor makes a request under this section.

That section is subject to section 95 (withdrawal and modification of requests).

On receiving a request the Commission must appoint a selection panel.

The panel must have an odd number of members not less than five.

The members of the panel must include—and contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

The panel must—

One person only must be selected for each recommendation to which a request relates.

Subsection (3) applies to selection under this section and to selection under regulations under section 94C.

A selection panel is a committee of the Commission.

Sections 86 to 88 apply to—

Any such recommendation or appointment must be made in accordance with those sections and section 94C and regulations made under it.

This section is subject to—

The Lord Chancellor may by order make any of the following amendments to Schedule 14—

The Lord Chancellor may by order amend section... 94AA ... if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3).

The Lord Chancellor may by order provide that this section does not apply to appointments to an office listed in Schedule 14 that is specified in the order.

An office may not be specified in an order under subsection (5) if—

An office may not be specified in an order under subsection (5) if—

The conditions are—

Before making an order under subsection (5) the Lord Chancellor must consult the Lord Chief Justice, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

An order under subsection (5)—

The Lord Chancellor must make a recommendation to fill any vacancy in the office of puisne judge of the High Court or in an office listed in Part 1 of Schedule 14.

The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Lord Chief Justice that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 2 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.

The Lord Chancellor must, as soon as is reasonably practicable after being informed by the Senior President of Tribunals that a selection under this Chapter for a recommendation for an appointment to an office listed in Table 3 of Part 1 of that Schedule has been accepted unconditionally or subject to conditions that have since been met, make a recommendation of the selected person for an appointment to that office.

The Lord Chancellor must make an appointment to fill any vacancy in an office listed in Table 1 of Part 2 or 3 of that Schedule.

The Lord Chief Justice must make an appointment to fill any vacancy in an office listed in Table 2 of Part 2 of that Schedule.

The Senior President of Tribunals must make an appointment to fill any vacancy in an office listed in Table 2 of Part 3 of that Schedule.

Subsections (1) and (2) do not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.

Subsections (2A) and (2B) do not apply to a vacancy while the Lord Chancellor agrees that it may remain unfilled.

The Lord Chancellor may request the Commission to select a person for a recommendation or appointment to which this section applies.

The Lord Chancellor may request the Commission to select a person for membership of a pool for requests under section 9(1) of the Senior Courts Act 1981, and a person may become a member of such a pool only by selection on a request under this subsection.

Before making a request the Lord Chancellor must consult the Lord Chief Justice.

A request may relate to more than one recommendation or appointment.

Section 88 applies where the Lord Chancellor makes a request under this section.

That section is subject to section 95 (withdrawal and modification of requests).

On receiving a request the Commission must—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

One person only may be selected for each recommendation , appointment or pool membership to which a request relates.

Subsection (4) applies to selection under this section and to selection under regulations under section 94C.

If the Lord Chancellor gives the Commission notice of a request which the Lord Chancellor expects to make under section 87, the Commission must seek to identify persons it considers would be suitable for selection on the request.

The Lord Chancellor may, by regulations made with the agreement of the Lord Chief Justice, make provision about how the Commission is to comply with a duty imposed on it by subsection (1).

The regulations may in particular—

Regulations under this section—

Where this section applies to an appointment, section 85 does not apply.

This section applies to the appointment of a person as a deputy judge of the High Court if it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that—

An appointment to which this section applies is to be made—

The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice—

The regulations may in particular—

Regulations under this section—

In subsection (1)(c) “the appropriate authority” means—

This section is subject to section 95.

This section applies to a request under section 69, 78 or 87 or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.

The Lord Chancellor may withdraw or modify a request only as follows—

If a request is withdrawn in part or modified, the Commission or selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted unconditionally or subject only to matters such as the selected person's willingness and availability.

The Lord Chancellor may not withdraw a request under subsection (2)(c) if a selection made pursuant to the request—

Any withdrawal or modification of a request must be by notice in writing to the Commission.

The notice must state whether the withdrawal or modification is under subsection (2)(a), (b) or (c).

In the case of a withdrawal under subsection (2)(c), the notice must state why the Lord Chancellor considers the selection process determined by the Commission or selection panel is not satisfactory, or has not been applied satisfactorily.

If or to the extent that a request is withdrawn—

Withdrawal of a request to any extent does not affect the power of the Lord Chancellor to make another request in the same or different terms.

Subsections (2) and (3) apply to consultation that a person is required to undertake under any of these provisions—

If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.

If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland.

Subsections (2) and (3) apply to the reference in section... 95(2)(a) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Commission must provide any assistance requested by the Lord Chancellor under this section.

The Lord Chancellor may request assistance for the making by him or by another Minister of the Crown of an appointment or recommendation for appointment, other than one to which section 26 or a provision of this Part applies.

The Lord Chancellor may only request assistance under this section if it appears to him appropriate because of the Commission's other functions under this Part and the nature of the appointment concerned.

Without limiting the assistance that may be requested, it may include—

Before making a request the Lord Chancellor must consult—

In this section “appointment” includes the conferring of any public function.

In this Part references to selection under this Part include references to selection by the Commission pursuant to a request under this section (and references to a person selected under this Part are to be read accordingly).

This section applies for the purposes of this Part.

A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or his department in connection with any of the following—

An LCJ complaint is a complaint by a qualifying complainant of maladministration by the Lord Chief Justice or the Lord Chief Justice's nominee, or anyone acting on behalf of either of them, in connection with—or of maladministration by the Lord Chief Justice or the Master of the Rolls or the Lord Chief Justice's nominee, or anyone acting on behalf of any of them, in connection with the making of requests under section 9(1) of that Act.

An SPT complaint is a complaint by a qualifying complainant of maladministration by the Senior President of Tribunals or a person to whom the Senior President has delegated functions, or anyone acting on behalf of either of them, in connection with—

A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.

The Commission must make arrangements for investigating any Commission complaint made to it.

The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

The Lord Chief Justice must make arrangements for investigating any LCJ complaint made to the Lord Chief Justice.

The Senior President of Tribunals must make arrangements for investigating any SPT complaint made to the Senior President of Tribunals.

Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.

Subsections (2) and (3) apply to a complaint which the complainant—

If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

Otherwise he must investigate the complaint.

The Ombudsman may investigate a complaint which the complainant—

The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.

A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of appointment procedures before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

Any complaint to the Ombudsman under this section must be in a form approved by him.

The Ombudsman must prepare a report on any complaint he has investigated under section 101.

The report must state—

The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office , or selected for membership of a pool, to which the complaint related.

This section applies to a report under section 102.

The Ombudsman must submit a draft of the report to the Lord Chancellor and to—

In finalising the report the Ombudsman—

The report must be signed by the Ombudsman.

If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.

If the complaint was an LCJ complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Lord Chief Justice.

If the complaint was an SPT complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Senior President of Tribunals.

Otherwise the Ombudsman must send the report to the Lord Chancellor.

The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

If the Lord Chancellor , the Lord Chief Justice or the Senior President of Tribunals refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.

The matter may relate to such procedures generally or in a particular case.

The Ombudsman must report to the Lord Chancellor , the Lord Chief Justice and the Senior President of Tribunals on any investigation under this section.

The report must state—

The report must be signed by the Ombudsman.

Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under this Part.

A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

But nothing in this section authorises the making of a disclosure—

This section does not affect a power to disclose which exists apart from this section.

The following are permitted persons—

The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Any power of the Lord Chancellor to remove a person from an office listed in Schedule 14 is exercisable only after the Lord Chancellor has complied with prescribed procedures (as well as any other requirements to which the power is subject).

The Lord Chief Justice may exercise any of the following powers but only with the agreement of the Lord Chancellor and only after complying with prescribed procedures.

The Lord Chief Justice may give a judicial office holder formal advice, or a formal warning or reprimand, for disciplinary purposes (but this section does not restrict what he may do informally or for other purposes or where any advice or warning is not addressed to a particular office holder).

He may suspend a person from a judicial office for any period during which any of the following applies—

He may suspend a person from a judicial office for any period if—

He may suspend a person from office as a senior judge for any period during which the person is subject to proceedings for an Address.

He may suspend the holder of an office listed in Schedule 14 for any period during which the person—

While a person is suspended under this section from any office he may not perform any of the functions of the office (but his other rights as holder of the office are not affected).

This section has effect for the purposes of section 108.

A person is subject to criminal proceedings if in any part of the United Kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed.

A person is subject to proceedings for an Address from the time when notice of a motion is given in each House of Parliament for an Address for the removal of the person from office, until the earliest of the following events—

“Judicial office” means—and “judicial office holder” means the holder of a judicial office.

“Senior judge” means any of these—

“Sentence” includes any sentence other than a fine (and “serving” is to be read accordingly).

The times when a person becomes and ceases to be subject to prescribed procedures for the purposes of section 108(4) or (7) are such as may be prescribed.

“Under investigation for an offence” has such meaning as may be prescribed.

This section applies if an interested party makes an application to the Ombudsman for the review of the exercise by any person of a regulated disciplinary function, on the grounds that there has been—

The Ombudsman must carry out a review if the following three conditions are met.

The first condition is that the Ombudsman considers that a review is necessary.

The second condition is that—

The third condition is that the application is made in a form approved by the Ombudsman.

But the Ombudsman may not review the merits of a decision made by any person.

If any of the conditions in subsections (3) to (5) is not met, or if the grounds of the application relate only to the merits of a decision, the Ombudsman—

In this section and sections 111 to 113, “regulated disciplinary function” means any of the following—

In this section, in relation to an application under this section for a review of the exercise of a regulated disciplinary function—“interested party” means—the judicial office holder in relation to whose conduct the function is exercised, or any person who has made a complaint about that conduct in accordance with prescribed procedures;“permitted period” means the period of 28 days beginning with the latest of—the failure or other maladministration alleged by the applicant; where that failure or maladministration occurred in the course of an investigation, the applicant being notified of the conclusion or other termination of that investigation; where that failure or maladministration occurred in the course of making a determination, the applicant being notified of that determination.

References in this section and section 111 to the exercise of a function include references to a decision whether or not to exercise the function.

Where the Ombudsman is under a duty to carry out a review on an application under section 110, he must—

If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.

A recommendation under subsection (2) may be for the payment of compensation.

Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.

If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.

If a determination is set aside under subsection (5)—

Subsection (6) is subject to any direction given by the Ombudsman under this subsection—

This section is subject to section 112.

In this section references to the Ombudsman's response to an application are references to the findings and decisions referred to in section 111(1).

Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.

The draft report must state the Ombudsman's proposed response.

The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

The Ombudsman must produce a final report that sets out—

The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—

Each copy must be signed by the Ombudsman.

No part of the Ombudsman's response to an application has effect until he has complied with subsections (2) to (9).

The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.

A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.

Where the Ombudsman carries out an investigation under section 113 he must prepare a draft of a report of the investigation.

If the investigation relates to a matter which is the subject of a review on an application under section 110, subsection (1) applies only when the Ombudsman has sent a copy of the final report on that review to the Lord Chancellor, the Lord Chief Justice and the applicant.

The draft report must state the Ombudsman's proposals as to—

Those findings and recommendations are referred to in this section as the Ombudsman's response on the investigation.

The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

The Ombudsman must produce a final report that sets out—

The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

Each copy must be signed by the Ombudsman.

Regulations under section 115(a) may include provision as to any of the following—

The regulations—

Where regulations under section 115(a) impose any requirement on the office holder under investigation or on a complainant, a person contravening the requirement does not incur liability other than liability to such procedural penalty if any (which may include the suspension or dismissal of a complaint)—

Regulations under section 115 may—

Nothing in this section limits the generality of section 115.

Regulations under section 115 may provide for provision of a prescribed description that may be included in the regulations to be made instead by rules made by the Lord Chief Justice with the agreement of the Lord Chancellor.

But the provision that may be made by rules does not include—

The rules are to be published in such manner as the Lord Chief Justice may determine with the agreement of the Lord Chancellor.

This Chapter applies in relation to an office designated by the Lord Chancellor under this section as it would apply if the office were listed in Schedule 14.

The Lord Chancellor may by order designate any office, not listed in Schedule 14, the holder of which he has power to remove from office.

An order under this section may be made only with the agreement of the Lord Chief Justice.

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4)) to exercise any of his functions under the relevant sections.

The relevant sections are—

In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Scotland, references to the Lord Chief Justice are to be read as references to the Lord President of the Court of Session.

Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Scotland unless they are made with the agreement of the Lord President of the Court of Session.

In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord President of the Court of Session.

In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord President of the Court of Session.

The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Scotland—

Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord President of the Court of Session.

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under the relevant sections.

The relevant sections are—

In section 108, in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to be read as references to the Lord Chief Justice of Northern Ireland.

Regulations under section 115 and rules under section 117 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, unless they are made with the agreement of the Lord Chief Justice of Northern Ireland.

In section 116(1)(f), (3)(b) and (4)(a) the references to the Lord Chief Justice include references to the Lord Chief Justice of Northern Ireland.

In section 118(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Northern Ireland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord Chief Justice of Northern Ireland.

The Lord Chief Justice may by regulations provide for sections 110 to 113 to apply in relation to judicial office holders who exercise functions wholly or mainly in Northern Ireland—

Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord Chief Justice of Northern Ireland.

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the relevant sections—

The relevant sections are—

The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as follows.

After section 5 of the 2002 Act insert—

The italic cross-heading before section 9 of the 2002 Act is omitted.

After that section insert—

Schedule 15 inserts Schedule 3A to the 2002 Act.

In Part 1 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”

In Part 1 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (judicial offices disqualifying for membership) at the beginning insert— “Judge of the Supreme Court.”

A member of the House of Lords is, while he holds any disqualifying judicial office, disqualified for sitting or voting in—

In subsection (3) “disqualifying judicial office” means any of the judicial offices specified in—

A member of the House of Lords who is disqualified under subsection (3) is not for that reason disqualified for receiving a writ of summons to attend that House, but any such writ is subject to that subsection.

A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

These are the relevant provisions—

Information is confidential if it relates to an identified or identifiable individual (a “subject”).

Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

An opinion or other information given by one identified or identifiable individual (A) about another (B)—

This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

But it is actionable only at the suit of a person who is a subject of the information.

In this Act “enactment” includes—and any reference to an enactment includes a reference to an enactment whenever passed or made.

In section 22 “enactment” also includes an enactment contained in, or in an instrument made under, Northern Ireland legislation.

In Part 3 “enactment” also includes—

In sections 19, 21 and 143 and in paragraph 3 of Schedule 7 “enactment” also includes—

In this Act “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

In sections 19 and 143 “subordinate legislation” also includes an enactment contained in an instrument made under Northern Ireland legislation.

The Lord Chancellor may by order make—which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

An order under this section may in particular—

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

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

Any power of a Minister of the Crown to make an order or regulations under this Act is exercisable by statutory instrument, except where subsection (2) applies.

Any power of the Lord Chancellor to make an order under section 19(1) or 143 amending an enactment contained in, or in an instrument made under, Northern Ireland legislation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Regulations under section 115, 120(5) or 121(5) are to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the regulations were made by a Minister of the Crown.

A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Subsection (4) applies to a statutory instrument which contains any of the following—

In any other case a statutory instrument containing an order or regulations under this Act, unless it contains only an order under section 27B(5), 66(5) or 148, is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory rule made under a power to which subsection (2) applies is subject to annulment in pursuance of a resolution of either House of Parliament.

Sections 7, 8 and 9 extend to England and Wales only.

Section 6 and Part 5 extend to Northern Ireland only.

Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

Subject to subsections (1) to (3), this Act extends to Northern Ireland.

This Act, except the following provisions, comes into force in accordance with provision to be made by the Lord Chancellor by order.

The provisions excepted from subsection (1) are—

Section 4 comes into force in accordance with provision to be made by the Secretary of State by order.

An order by which section 23(1) comes into force at any time may not be made unless the Lord Chancellor is satisfied that the Supreme Court will at that time be provided with accommodation in accordance with written plans that he has approved.

The Lord Chancellor may approve plans only if, having consulted the Lords of Appeal in Ordinary holding office at the time of the approval, he is satisfied that accommodation in accordance with the plans will be appropriate for the purposes of the Court.

An order under this section may make different provision for different purposes.

It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make designated rules.

The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)—

In this Part—

The Lord Chief Justice, or his nominee, may make designated rules only with the agreement of the Lord Chancellor.

If the Lord Chancellor does not agree designated rules made by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the rules.

Designated rules made by the Lord Chief Justice, or by his nominee, and agreed by the Lord Chancellor—

A statutory instrument containing designated rules is subject to annulment in pursuance of a resolution of either House of Parliament.

This paragraph applies if the Lord Chancellor gives the Lord Chief Justice, or his nominee, written notice that he thinks it is expedient for designated rules to include provision that would achieve a purpose specified in the notice.

The Lord Chief Justice, or his nominee, must make such designated rules as he considers necessary to achieve the specified purpose.

Those rules must be—

Section 5 of the Reserve and Auxiliary Forces (Protection of Civilian Interests) Act 1951 (appropriate courts and procedure) is amended as follows.

In subsection (2) for “The Lord Chancellor may also make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.

In subsections (3) to (5) for “Rules so made” substitute “ Rules under subsection (2) ”.

In subsection (6) for “this section” substitute “ subsection (1) ”.

Section 49 of the Courts-Martial (Appeals) Act 1968 (rules of court) is amended as follows.

In subsection (1) for “by the Lord Chief Justice with the approval of the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

In subsection (2) for “Lord Chief Justice” substitute “ person making the rules ”.

Omit subsections (3) and (4).

Section 127 (probate rules) is amended as follows.

In subsection (1) for the words from the beginning to “for regulating” substitute “ Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating ”.

Omit subsection (3).

Section 136 (production of documents filed in, or in custody of, Supreme Court) is amended as follows.

In subsection (1) for the words from the beginning to “make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

In subsection (2)(b) for “Lord Chancellor” substitute “ person making the rules ”.

Omit subsection (3).

Section 38 of the County Courts Act (remedies available in county courts) is amended as follows.

Omit subsection (4)(c).

After subsection (4) insert—

Section 32 (power to make rules) is amended as follows.

In subsection (1) for “The Lord Chancellor may, with the concurrence of the Secretary of State, make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

In subsection (3) for “of the Lord Chancellor under this section to make rules” substitute “ to make rules under this section ”.

Omit subsection (4).

For the title to section 12 substitute “ Rules about procedure ”.

In subsection (1) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

In subsection (2) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

The Adoption and Children Act 2002 is amended as follows.

Those amendments do not have effect at any time after the amendments made to the Adoption and Children Act 2002 by paragraph 413 of Schedule 8 to the Courts Act 2003 have come into force.

It is for the Lord Chief Justice, or a judicial office holder nominated by the Lord Chief Justice with the agreement of the Lord Chancellor, to make or give designated directions.

The Lord Chief Justice may nominate a judicial office holder in accordance with sub-paragraph (1)—

In this Part—

The Lord Chief Justice, or his nominee, may make or give designated directions only with the agreement of the Lord Chancellor.

Sub-paragraph (1) does not apply to designated directions to the extent that they consist of guidance about any of the following—

Sub-paragraph (1) does not apply to designated directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be made or given only after consulting the Lord Chancellor.

If sub-paragraph (1) applies but the Lord Chancellor does not agree designated directions made or given by the Lord Chief Justice, or by his nominee, the Lord Chancellor must give that person written reasons why he does not agree the directions.

Section 4 of the Courts-Martial (Appeals) Act 1968 is amended as follows.

In subsection (1) for “by the Lord Chief Justice with the consent of the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.

In subsection (2) for “If the Lord Chief Justice so directs” substitute “ If such directions so provide ”.

In subsection (3) for “the Lord Chief Justice shall direct” substitute “ such directions may provide ”.

Section 74 (practice directions as to practice and procedure of criminal courts) is amended as follows.

In subsection (1) for “The Lord Chief Justice may, with the concurrence of the Lord Chancellor, give directions” substitute “ Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.

In subsection (2) for the words from “may not be given” to the end substitute

In subsection (3)(a) for “by the Lord Chief Justice or any other person” substitute “ under subsection (1) or otherwise ”.

For subsection (4) substitute—

Section 81 (practice directions relating to family proceedings) is amended as follows.

In subsection (1) for “The President of the Family Division may, with the concurrence of the Lord Chancellor, give directions” substitute “ Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.

In subsection (2) for the words from “may not be given” to the end substitute

In subsection (3)(a) for “by the President of the Family Division or any other person” substitute “ under subsection (1) or otherwise ”.

After subsection (3) insert—

For section 6 of the County Courts Act 1984 (c. 28) substitute—

That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district or districts for which he was appointed.

For sections 100 and 101 of the Supreme Court Act 1981 (c. 54) substitute—

That section as substituted applies to a district judge holding office by virtue of an appointment made before the commencement of sub-paragraph (1) as if he had been assigned to the district registry or registries for which he was appointed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 89 of the Supreme Court Act 1981 (c. 54) (masters and registrars) is amended as follows.

In subsection (1), for the words from “the Lord Chancellor” to the end substitute “ Her Majesty. ”

After that subsection insert—

For subsection (3) substitute—.

Before subsection (8) insert—

In section 11 of the Ecclesiastical Licences Act 1533 (refusal of archbishop to grant licences etc.) any reference to the Lord Chancellor or Lord Keeper of the Great Seal (however expressed) is to be read as a reference to the Chancellor of the High Court.

The Chancellor of the High Court may nominate another judge of that court to exercise his functions under that section.