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Constitutional Reform Act 2005

Sections689Case law26Effects185

Statutes amended

185 affected Acts; 385 amendments in total. Each block shows the target Act's text with this Act's changes applied.

Justice (Northern Ireland) Act 2002

3 amendments · open Act

  1. Section 1

    1 Guarantee of continued judicial independence

    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.

    subsection (5) sets out the meaning of “international court” (unchanged)

    whole section substituted for the original s.1 of the 2002 Act

  2. Section 9H1 insertion

    9I Confidentiality in relation to judicial appointments and discipline

    1 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.
    2 These are the relevant provisions—
    a sections 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978;
    b sections 3, 5, 7 and 9 to 9H of this Act;
    c sections 134 and 135 of the Constitutional Reform Act 2005;
    d section 16 of this Act.

    remaining subsections set out lawful-authority exceptions and definitions

  3. Section 121 change

    12 Role of Lord Chief Justice

    1 (old subsection (1) omitted)
    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.

    subsections (2) – (3) and (4) unchanged

Judicature (Northern Ireland) Act 1978

22 amendments · open Act

  1. Amend. Judicature (Northern Ireland) Act 1978

    36F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Judicature (Northern Ireland) Act 1978

    36F347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  3. Section 71 change

    7 Judicature (Northern Ireland) Act 1978

    1 The Judicature (Northern Ireland) Act 1978 is amended as follows.
    2 In section 7 (further assistance for transaction of judicial business) in subsections (1)(a) and (4) for "Lord of Appeal in Ordinary" substitute "judge of the Supreme Court".
    3 In section 9 (qualifications of judges), in subsection (3)(b) for "Lord of Appeal in Ordinary" substitute "judge of the Supreme Court".
  4. Section 71 change, 1 insertion

    7 Judicature (Northern Ireland) Act 1978

    1 Section 7 (further assistance for transaction of judicial business) is amended as follows.
    2 In subsections (1) and (2) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 After subsection (4) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  5. Section 351 change, 1 deletion

    35 Judicature (Northern Ireland) Act 1978

    1 The Judicature (Northern Ireland) Act 1978 is amended as follows.
    2 Part 3 is renamed “The Court of Appeal and the Supreme Court”.
    3 In section 35 (appeals to Court of Appeal from High Court) in subsection (5) for "House of Lords" substitute "Supreme Court".
    4 In section 41 (appeals to the House of Lords in other criminal matters)— in the sidenote and in subsection (1) for "House of Lords" substitute "Supreme Court"; in subsection (2) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”; omit subsection (3); in subsections (4) and (6) for "House of Lords" substitute "Supreme Court".
    5 In section 42 (appeals to the House of Lords in civil cases)— in the sidenote and in subsections (1) and (2) for "House of Lords" substitute "Supreme Court"; omit subsections (3), (4) and (5).
    6 In section 43 (appeals to House of Lords from High Court) and in the sidenote for that section, for “House of Lords” in each place substitute “ Supreme Court ”.
    7 In section 44 (appeal in cases of contempt of court)— in subsection (2)(b) for "House of Lords" substitute "Supreme Court"; in subsection (4) for “the House of Lords” and for "that House" substitute "the Supreme Court".
    8 In Schedule 1 (appeals to House of Lords in certain criminal matters)— in the title to the Schedule, for "House of Lords" substitute "Supreme Court"; in paragraphs 1 and 3 to 5 for “the House of Lords” and “that House” in each place substitute “the Supreme Court”, and in paragraph 1(2) for "that court" substitute "the court below"; in paragraph 6— for "an order of the House of Lords" substitute "Supreme Court Rules"; for "that House" substitute "the Supreme Court".
  6. Section 471 change, 1 insertion

    47 Judicature (Northern Ireland) Act 1978

    1 Section 47 (exercise of jurisdiction by Crown Court) is amended as follows.
    2 In subsection (2)— for “Lord Chancellor” in the first place substitute “ Lord Chief Justice ”; for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".
    3 In subsection (3) for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".
    4 In subsection (5) after "Lord Chancellor" insert "after consultation with the Lord Chief Justice".
    5 After subsection (6) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  7. Section 481 change

    48 Judicature (Northern Ireland) Act 1978

    In section 48 (committal for trial on indictment), in subsection (1)(c) for "Lord Chancellor" substitute "Lord Chief Justice".
  8. Section 52

    52 Judicature (Northern Ireland) Act 1978

    In section 52 (Crown Court rules), in subsection (1) for the words from the beginning to “prescribing—” substitute—1 Subject to any statutory provision, Crown Court rules may be made in accordance with section 53A for the purpose of regulating and prescribing—.
  9. Section 531 change, 1 insertion

    53 Judicature (Northern Ireland) Act 1978

    1 Section 53 (membership of the Crown Court Rules Committee) is amended as follows.
    2 In subsection (1)(c) and (d) for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".
    3 After subsection (1) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (1)(c) or (d)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  10. Section 53

    53 Judicature (Northern Ireland) Act 1978

    After section 53 insert—53A Making of Crown Court rules1 It is for the Crown Court Rules Committee to make Crown Court rules.2 After making Crown Court rules the Committee must submit them to the Lord Chancellor.3 The Lord Chancellor must allow or disallow Crown Court rules submitted to him.4 Crown Court rules have effect only if allowed by the Lord Chancellor.5 If the Lord Chancellor disallows Crown Court rules, the Lord Chancellor must give the Committee written reasons why he has disallowed them.6 Subsection (7) applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.7 The Committee must make such Crown Court rules as it considers necessary to achieve the specified purpose.8 Those Crown Court rules must be—a made within a reasonable period after the Lord Chancellor gives notice under subsection (6);b made in accordance with this section.
  11. Section 551 change

    55 Judicature (Northern Ireland) Act 1978

    1 Section 55 (rules of court) is amended as follows.
    2 In subsection (1) for the words from the beginning to “with respect to—” substitute— Subject to any statutory provision, rules may be made in accordance with section 55A with respect to—.
    3 In subsection (2) for the words from the beginning to “make rules—” substitute— Subject to any statutory provision, rules may be made in accordance with section 55A—.
    4 In subsection (3) for "made by the Rules Committee" substitute "made under this section".
  12. Section 55

    55 Judicature (Northern Ireland) Act 1978

    After section 55 insert—55A Making of rules of Court1 It is for the Rules Committee to make rules under section 55(1) or (2).2 After making such rules the Rule Committee must submit them to the Lord Chancellor.3 The Lord Chancellor must allow or disallow rules submitted to him.4 Rules submitted to the Lord Chancellor have effect only if allowed by him.5 If the Lord Chancellor disallows rules submitted to him, he must give the Committee written reasons why he has disallowed them.6 Subsection (7) applies if the Lord Chancellor gives the Rules Committee written notice that he thinks it is expedient for rules under section 55(1) or (2) to include provision that would achieve a purpose specified in the notice.7 The Rules Committee must make such rules as it considers necessary to achieve the specified purpose.8 Those rules must be—a made within a reasonable period after the Lord Chancellor gives notice under subsection (6);b made in accordance with this section.
  13. Section 581 change, 1 insertion

    58 Judicature (Northern Ireland) Act 1978

    1 Section 58 (sittings of High Court and Court of Appeal) is amended as follows.
    2 In subsection (2) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 After subsection (3) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  14. Section 601 change, 1 insertion

    60 Judicature (Northern Ireland) Act 1978

    1 Section 60 (taxation of costs) is amended as follows.
    2 In subsection (1) for "Lord Chancellor after consultation with the Lord Chief Justice" substitute "Lord Chief Justice".
    3 After subsection (2) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  15. Section 681 insertion

    68A Lord Chancellor’s duty

    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).
  16. Section 681 change, 1 insertion

    68 Judicature (Northern Ireland) Act 1978

    1 Section 68 (departments of the Supreme Court) is amended as follows.
    2 In subsection (2)(b) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 In subsection (4) for "Lord Chancellor" substitute "Lord Chief Justice".
    4 After subsection (6) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  17. Section 711 deletion

    71 Judicature (Northern Ireland) Act 1978

    In section 71 (tenure of office of statutory officers), in subsection (3) omit "Lord Chancellor's".
  18. Section 751 change, 1 insertion

    75 Judicature (Northern Ireland) Act 1978

    1 Section 75 (Official Solicitor) is amended as follows.
    2 In subsection (2)(b) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 After subsection (2) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (2)(b)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  19. Section 881 insertion

    88 Judicature (Northern Ireland) Act 1978

    1 Schedule 6 (transitional provisions) is amended as follows.
    2 Omit paragraph 6(a).
    3 In paragraph 9(b) after "Lord Chancellor" insert "after consultation with the Lord Chief Justice".
    4 After paragraph 9 insert—9AThe Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 9— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    5 Omit paragraphs 11(3), 14 and 17.
  20. Section 104

    104 Judicature (Northern Ireland) Act 1978

    Omit section 104 (under-sheriffs).
  21. Section 1121 change, 1 insertion

    112 Judicature (Northern Ireland) Act 1978

    1 Section 112 (oaths and affidavits) is amended as follows.
    2 In subsection (3) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 After subsection (7) insert— The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (3)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  22. Section 1191 deletion

    119 Judicature (Northern Ireland) Act 1978

    In section 119 (making and control of subordinate legislation), in subsection (5) omit "on the Lord Chancellor".

Promissory Oaths Act 1868

2 amendments · open Act

  1. 1 deletion

    Amend. Promissory Oaths Act 1868

    In the Schedule to the Promissory Oaths Act 1868 (persons to take oaths) in Part 2 omit "The Lord Chancellor of Great Britain".
  2. Section 6A1 insertion

    6 Persons to take the oath of allegiance and judicial oath

    (unchanged)

    6A Lord Chancellor’s Oath

    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.”.

Ministers of the Crown Act 1975

2 amendments · open Act

  1. Section 13 insertions

    1 Power by Order in Council to transfer functions of Ministers

    subsections (1) – (5) unchanged

    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.
  2. Section 5(3A)1 insertion

    5 Supplementary provisions as to Orders

    subsections (1) – (3) unchanged

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

    subsection (4) unchanged

Judicial Pensions and Retirement Act 1993

7 amendments · open Act

  1. Amend. Judicial Pensions and Retirement Act 1993

    In Schedule 1 (offices which may be qualifying judicial offices) in Part 1 (judges) for the entries “President of the Family Division” and “Vice-Chancellor” substitute— “President of the Queen's Bench Division President of the Family Division Chancellor of the High Court ”.
  2. 1 deletion

    Amend. Judicial Pensions and Retirement Act 1993

    In Schedule 5 (retirement provisions: the relevant offices), in the second entry omit ", other than the Lord Chancellor".
  3. Section 2

    2 Judicial Pensions and Retirement Act 1993

    1 Section 2 (the judicial officer's entitlement to a pension) is amended as follows.
    2 After subsection (3) insert— Where the appropriate minister is the Lord Chancellor, he must, before satisfying himself as mentioned in subsection (3)(b)— consult the Lord Chief of Justice of England and Wales, if the person in question holds office in England and Wales; consult the Lord Chief of Justice of Northern Ireland, if the person in question holds office in Northern Ireland.
    3 After subsection (8) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  4. Section 261 change

    26 Retirement

    earlier subsections unchanged

    4 In Schedule 5 (offices to which this section applies) the entries listed in—
    a paragraph (a), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court” (and similar references in Schedule 5 are amended in the same way).

    remaining subsections unchanged

  5. Section 261 change, 1 insertion, 1 deletion

    26 Judicial Pensions and Retirement Act 1993

    1 Section 26 (retirement date for holders of certain judicial offices) is amended as follows.
    2 For “appropriate minister” in subsections (5) and (6) substitute “ appropriate person ”.
    3 In subsection (7)— in paragraph (a) omit ", unless he is the Lord Chancellor"; in paragraph (b) omit ", unless he is the Lord Chancellor".
    4 In subsection (12), after the definition of “appointed day” insert "the appropriate person" means— the appropriate Minister in a case which falls within paragraph (a) of the definition of the expression in section 30; in relation to any judicial office whose jurisdiction is exercised exclusively in relation to England and Wales, the Lord Chief Justice of England and Wales; in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.
    5 After subsection (12) insert— Where the Lord Chief Justice of England or Wales or the Lord Chief Justice of Northern Ireland is the appropriate person, he must obtain the concurrence of the Lord Chancellor before exercising any functions under this section. The Lord Chief Justice of England or Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  6. Section 26(7)1 change

    26 Compulsory retirement of holders of judicial offices at 70

    earlier subsections unchanged

    7 Nothing in this section shall prevent any person who has retired… from continuing to—

    paragraph (a) unchanged

    b act as a Lord of Appeal in Ordinary under section 5 of the Appellate Jurisdiction Act 1876act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;
  7. Schedule 11 change

    Sch.1 Qualifying judicial offices (Part 1: judges)

    For “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

Judicial Pensions Act 1981

6 amendments · open Act

  1. Section 12 changes

    1 Application of Part I

    earlier provisions unchanged

    In the tables—
    first column: “Lord of Appeal in Ordinary” is replaced by “Judge of the Supreme Court”.
    second column: each occurrence of “Lord of Appeal in Ordinary” is replaced by “judge of the Supreme Court”.

    section 16 (interpretation) is amended in the same way

  2. Section 11 deletion

    1 Judicial Pensions Act 1981

    In section 1 (interpretation) in the entry beginning “Judge of the Supreme Court” in the first column of the table omit ", other than the Lord Chancellor".
  3. Section 11 change

    1 Judicial Pensions Act 1981

    1 The Judicial Pensions Act 1981 is amended as follows.
    2 In the table in section 1 (interpretation) in each place— for "Supreme Court of England and Wales" substitute "Senior Courts"; for "Supreme Court of Northern Ireland" substitute "Court of Judicature".
    3 In the table in section 16 (application of Part 2, and interpretation) for “Supreme Court” and “Supreme Court of Northern Ireland” respectively in each place (except where those words are inserted by this Act) substitute “ Senior Courts ” and “ Court of Judicature ”.
    4 In Schedule 1 (certain officers, and President of Transport Tribunal) for “Supreme Court” in each place substitute “ Senior Courts ”.
  4. Section 5

    5 Judicial Pensions Act 1981

    1 Section 5 (Circuit Judge in England and Wales) is amended as follows.
    2 After subsection (1) insert— The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making a recommendation in a case that falls within subsection (1)(b) or (c).
    3 After subsection (6) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  5. Section 7

    7 Judicial Pensions Act 1981

    1 Section 7 (stipendiary magistrates in England and Wales) is amended as follows.
    2 After subsection (1) insert— The Lord Chancellor must consult the Lord Chief Justice before making a recommendation in a case that falls within subsection (1)(b).
    3 After subsection (6) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  6. Section 13

    13 Judicial Pensions Act 1981

    1 Section 13 (Social Security Commissioners) is amended as follows.
    2 After subsection (1) insert— In a case that falls within subsection (1)(c), the Lord Chancellor must consult— the Lord Chief Justice of England and Wales before making a recommendation in relation to a Commissioner who holds office in England and Wales; the Lord President of the Court of Session before making a recommendation in relation to a Commissioner who holds office in Scotland; the Lord Chief Justice of Northern Ireland before making a recommendation in relation to a Commissioner who holds office in Northern Ireland.
    3 After subsection (6)— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Criminal Justice Act 1925

1 amendment · open Act

  1. Section 411 insertion

    41 Prohibition on taking photographs etc in court

    subsection (1) unchanged

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

Criminal Justice Act (Northern Ireland) 1945

1 amendment · open Act

  1. Section 291 insertion

    29 Prohibition on taking photographs etc in court

    subsection (1) unchanged

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

Public Records Act 1958

2 amendments · open Act

  1. Section 81 insertion

    8 Court records

    1 … such records other than records of the Supreme Court, …
    1A Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.

    remaining subsections unchanged

  2. Schedule 11 insertion

    Sch.1 Definition of public records — paragraph 4 (records of courts and tribunals)

    1 Before sub-paragraph (1)(a) insert—
    za records of the Supreme Court;

Northern Ireland Act 1998

1 amendment · open Act

  1. Schedule 21 insertion

    Sch.2 Excepted matters

    paragraphs 1 – 11 unchanged

    11A The Supreme Court.

    subsequent paragraphs unchanged

Courts Act 2003

1 amendment · open Act

  1. Section 101 insertion

    10 Appointment of lay justices etc.

    subsections (1) and (2) unchanged

    2A The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsections (1) and (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.

House of Commons Disqualification Act 1975

1 amendment · open Act

  1. Schedule 1 Part 11 insertion

    Sch.1 Pt 1 Judicial offices disqualifying for membership

    “Judge of the Supreme Court” inserted at the beginning of the list.

    remainder of the list unchanged

Northern Ireland Assembly Disqualification Act 1975

1 amendment · open Act

  1. Schedule 1 Part 11 insertion

    Sch.1 Pt 1 Judicial offices disqualifying for membership

    “Judge of the Supreme Court” inserted at the beginning of the list.

    remainder of the list unchanged

Habeas Corpus Act 1679

3 amendments · open Act

  1. Section 11 deletion

    1 Habeas Corpus Act 1679

    In section 1 (bringing before Lord Chancellor or other judges) omit "the lord chauncelior or lord keeper of the great seale of England for the time being or".
  2. Section 2

    2 Habeas Corpus Act 1679

    In section 2 (appeal to Lord Chancellor or other judges) omit—a “the lord chauncellour or lord keeper or” in each place;b “lord chauncellor lord keeper”;c “the said lord chauncellor or lord keeper or” in the first and second places;d “lord chauncellor or lord keeper or” in the last place.
  3. Section 91 deletion

    9 Habeas Corpus Act 1679

    In section 9 (Lord Chancellor or other judge unduly denying writ) omit "the said lord chauncellor or lord keeper or".

Pluralities Act 1838

2 amendments · open Act

  1. Section 1261 change, 1 deletion

    126 Pluralities Act 1838

    1 Section 126 (consent of patron etc. where patronage in the Crown) is amended as follows.
    2 For the words from “if such benefice shall be above” to “great seal” substitute “ unless such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, the instrument by which the power shall be exercised shall be executed by, and any such notice shall be given to, the Prime Minister ”.
    3 omit "or persons".
  2. Section 1281 change, 1 deletion

    128 Pluralities Act 1838

    1 Section 128 (consent of patron etc. where patronage attached to duchy of Cornwall) is amended as follows.
    2 For the words from “the same” to “benefice in the patronage of the crown” substitute “ the Prime Minister, in accordance with section 126 ”.
    3 omit "or persons" in the second place.

Public Notaries Act 1843

1 amendment · open Act

  1. Section 51 change, 1 insertion

    5 Public Notaries Act 1843

    1 Section 5 of the Public Notaries Act 1843 (refusal of master of faculties to grant a faculty) is amended as follows.
    2 for "chancellor of England or the lord keeper of the great seal" substitute "Chancellor of the High Court".
    3 At the end of that section insert "The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section."
    4 This paragraph is subject to section 2(3) and (4) of the Statute Law (Repeals) Act 1998 (repeals relating to Isle of Man and Channel Islands).

Inclosure Act 1859

1 amendment · open Act

  1. Section 12

    12 Inclosure Act 1859

    In section 12 of the Inclosure Act 1859 (adaptation of references to patron where patronage is in the Crown) for the words from “Lord High” to “Great Seal” substitute “ Prime Minister ”.

British Law Ascertainment Act 1859

2 amendments · open Act

  1. Section 41 change

    4 British Law Ascertainment Act 1859

    In the British Law Ascertainment Act 1859—a in the sidenote to section 4 (Her Majesty in Council or House of Lords on appeal may adopt or reject opinion) for "House of Lords" substitute "Supreme Court";b in that section, for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”.
  2. Section 51 deletion

    5 British Law Ascertainment Act 1859

    In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit "the Lord Chancellor,".

Promissory Oaths Act 1871

2 amendments · open Act

  1. Section 21 change, 1 insertion

    2 Promissory Oaths Act 1871

    1 Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39)) is amended as follows.
    2 In the paragraph beginning “In England and Wales” for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".
    3 After that paragraph insert "The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under the preceding paragraph."
    4 After the paragraph beginning “In Ireland” insert—The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under the preceding paragraph— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  2. Section 21 change, 1 insertion

    2 Promissory Oaths Act 1871

    1 Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) is amended as follows.
    2 In the paragraph beginning “In England” for "Lord High Chancellor of Great Britain" substitute "Lord Chief Justice of England and Wales".
    3 After that paragraph insert "The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under the preceding paragraph."
    4 In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39).

Stannaries Court (Abolition) Act 1896

1 amendment · open Act

  1. Section 11 insertion

    1 Stannaries Court (Abolition) Act 1896

    1 Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-Warden's Court) is amended as follows.
    2 In subsection (1) after "may" insert ", after consulting the Lord Chief Justice,".
    3 After subsection (2) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Judicial Committee Act 1915

1 amendment · open Act

  1. Section 11 change

    1 Judicial Committee Act 1915

    1 Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee of the Privy Council to sit in more than one division at the same time) is amended as follows.
    2 In subsection (1) for "Lord Chancellor" substitute "President of the Supreme Court of the United Kingdom".

Administration of Justice Act 1925

1 amendment · open Act

  1. Amend. Administration of Justice Act 1925

    19F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1933

2 amendments · open Act

  1. Section 451 change, 1 insertion

    45 Children and Young Persons Act 1933

    1 Section 45 of the Children and Young Persons Act 1933 (youth courts) (as amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows.
    2 In subsection (3) for "Lord Chancellor or a person acting on his behalf" substitute "Lord Chief Justice, with the concurrence of the Lord Chancellor,".
    3 In subsection (4) for "Lord Chancellor may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,".
    4 In subsection (5) after "Lord Chancellor" insert "or Lord Chief Justice".
    5 After subsection (8) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3) or (4) or his powers under rules under subsection (4).
  2. Section 109(4)1 change, 1 insertion

    109 Children and Young Persons Act 1933

    1 Schedule 2 to the Children and Young Persons Act 1933 (constitution of youth courts) is amended as follows.
    2 In paragraph 6— in paragraph (a)— after "he may" insert "after consulting the Lord Chief Justice"; after "thinks fit" insert "after consulting the Lord Chief Justice"; in paragraph (b)— after "may" insert ", after consulting the Lord Chief Justice,"; after "thinks fit" insert ", after consulting the Lord Chief Justice,".
    3 In paragraph 14 after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".
    4 In paragraph 15(b)— for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,"; for "order of the Lord Chancellor" substitute "order made by the Lord Chief Justice after consulting the Lord Chancellor".
    5 In paragraph 16 for "consent of the Lord Chancellor," substitute "consent of the Lord Chief Justice, given after consulting the Lord Chancellor,".
    6 In paragraph 18— for “Lord Chancellor” in the first place substitute “ Lord Chief Justice ”; for “Lord Chancellor” in the second place substitute “ Lord Chief Justice, after consulting the Lord Chancellor ”.
    7 After paragraph 21 insert—22The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule.
    8 In relation to the enactments referred to in this paragraph, the original amending provision is Schedule 10 to the Courts Act 2003.

Compensation (Defence) Act 1939

2 amendments · open Act

  1. Section 9

    9 Compensation (Defence) Act 1939

    1 The Compensation (Defence) Act 1939 is amended as follows.
    2 For the title to section 9 substitute “ Incidental powers of tribunals and rules of procedure ”.
    3 Omit section 9(1)(a) (powers of tribunals to make rules of procedure).
    4 After section 9(1) insert— Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act. Such rules are to be made as follows— if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor; if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session; if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.
    5 In subsection (2) for the words from the beginning to “subsection” substitute “ Such rules ”.
    6 After subsection (3) insert— 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  2. Section 18

    18 Compensation (Defence) Act 1939

    In section 18 (application to Scotland and Northern Ireland)—a omit subsection (2);b for subsection (4) substitute—4 Sections seven and nine of this Act shall have effect with these modifications—a in their application to proceedings in Scotland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the Court of Session;b in their application to proceedings in Northern Ireland before a tribunal constituted under this Act, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.

London Building Acts (Amendment) Act 1939

2 amendments · open Act

  1. Section 1051 change

    105 London Building Acts (Amendment) Act 1939

    1 The London Building Acts (Amendment) Act 1939 is amended as follows.
    2 In section 105 (payment of surplus of proceeds into court) for "Supreme Court of Judicature" substitute "Senior Courts".
    3 In section 116 (tribunal may state case for opinion of High Court) in subsection (6) for the words from “the court” to the end substitute “ court ”.
  2. Section 1091 change, 1 insertion

    109 London Building Acts (Amendment) Act 1939

    1 Section 109 of the London Building Acts (Amendment) Act 1939 (constitution etc of tribunal appeal) is amended as follows.
    2 In subsection (1)(i) for "if he thinks fit" substitute ", if he thinks fit and if the Lord Chief Justice agrees,".
    3 After subsection (2) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Pensions Appeal Tribunals Act 1943

5 amendments · open Act

  1. Amend. Pensions Appeal Tribunals Act 1943

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F17
  2. Section 61 change, 1 insertion

    6 Pensions Appeal Tribunals Act 1943

    1 Section 6 of the Pensions Appeal Tribunal Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.
    2 In subsection (2)— for "a judge of the High Court nominated for the purpose by the Lord Chancellor" substitute "the relevant judicial authority"; for "judge so nominated" substitute "relevant judicial authority"; for "that judge" substitute "that authority".
    3 After subsection (2) insert— In subsection (2) “relevant judicial authority” means— in relation to England and Wales, a judge of the High Court in England and Wales nominated for the purposes of subsection (2) by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; in relation to Scotland, the Court of Session; in relation to Northern Ireland, the Court of Appeal in Northern Ireland. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2ZA)(a).
    4 After subsection (4) insert— In the application of subsection (2) in relation to Northern Ireland, “rules of court” means rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978.
    5 In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 3(2) of Schedule 1 to the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).
  3. Section 13

    13 Pensions Appeal Tribunals Act 1943

    Omit section 13 (application to Scotland).
  4. Section 14

    14 Pensions Appeal Tribunals Act 1943

    Omit section 14 (application to Northern Ireland).
  5. Section 109(4)1 change, 1 insertion

    109 Pensions Appeal Tribunals Act 1943

    1 The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows.
    2 For paragraph 1 substitute—1 There shall be constituted in England and Wales such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. There shall be constituted in Scotland such number of Pensions Appeal Tribunals as the Lord President of the Court of Session may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. There shall be constituted in Northern Ireland such number of Pensions Appeal Tribunals as the Lord Chancellor may from time to time determine; and they shall sit at such times and in such places as he may from time to time determine. The Lord Chancellor must consult the Lord Chief Justice of England and Wales before exercising any functions under sub-paragraph (1). The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before exercising any functions under sub-paragraph (3).
    3 In paragraph 2 (membership)— in sub-paragraph (1) for “appointed by the Lord Chancellor” substituteappointed— in relation to England and Wales, by the Lord Chancellor; in relation to Scotland, by the Lord President of the Court of Session; in relation to Northern Ireland, by the Lord Chancellor; in sub-paragraph (2A) for "sub-paragraphs (3)" substitute "sub-paragraphs (3A), (3B)"; for sub-paragraph (3) substitute— The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove any member of a Tribunal appointed under sub-paragraph (1)(a). The Lord President of the Court of Session may remove any member of a Tribunal appointed under sub-paragraph (1)(b).; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F18
    4 In paragraph 2A (persons to be appointed to Tribunals)— in sub-paragraph (1) for the words from “The Lord Chancellor” to “paragraph 2 above” substitute “ Any person making appointments under paragraph 2 shall ensure that the appointments ”; in sub-paragraph (4) for the words from “In making” to “the Lord Chancellor” substitute “ It shall be the duty of any person making an appointment under paragraph 2 ”.
    5 In paragraph 2B (President and Deputy President of Pension Appeal Tribunals), in sub-paragraph (2)(c) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".
    6 In paragraph 5 (rules)— in sub-paragraph (1) for "the Lord Chancellor may make rules" substitute "rules may be made"; for “Lord Chancellor” in the second place substitute “person making them”; after sub-paragraph (1) insert— Such rules are to made by the following person— if the rules relate to England and Wales, by the Lord Chancellor; if the rules relate to Scotland, by the Lord President of the Court of Session; if the rules relate to Northern Ireland, by the Lord Chief Justice of Northern Ireland.; in sub-paragraph (4)(b) after "Lord Chancellor" insert ", or in relation to Scotland by the Lord President of the Court of Session, in either case".
    7 Before paragraph 8 insert—7B The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under paragraph 1. 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 his functions under any of the provisions listed in sub-paragraph (3). Those provisions are— paragraph 3C(2)(b); paragraph 5(1A)(b). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under any of the provisions listed in sub-paragraph (5)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act). Those provisions are— paragraph 1; paragraph 3C(2)(c); paragraph 5(1A)(c).

Agriculture Act 1947

5 amendments · open Act

  1. Amend. Agriculture Act 1947

    The Agriculture Act 1947 is amended, or has effect, as follows.
  2. Section 73

    73 Agriculture Act 1947

    In section 73 (establishment, constitution and procedure of Agricultural Land Tribunals), in subsection (1) for the words before “by order” substitute “ For the purposes of this section the Lord Chancellor shall, after consulting the Chairman of the Agricultural Land Tribunals, ”.
  3. Section 75

    75 Agriculture Act 1947

    1 The functions of the Lord Chancellor under section 75 (provisions as to land lying partly in one area and partly in another) are exercisable only after consultation with the Lord Chief Justice.
    2 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of this Act) to exercise his functions under sub-paragraph (1).
  4. Section 1081 deletion

    108 Agriculture Act 1947

    In section 108 (regulations and orders), in subsection (1) omit "by the Minister" in the second place.
  5. Section 109(4)1 change, 1 insertion

    109 Agriculture Act 1947

    1 Schedule 9 (constitution of Agricultural Land Tribunals) is amended as follows.
    2 In paragraph 13 (chairman of each Tribunal), in sub-paragraph (4)— for "is" substitute "and Lord Chief Justice are both"; after "may" insert ", with the concurrence of the Lord Chief Justice,".
    3 In paragraph 16A (discharge of chairman's duties)— that paragraph becomes sub-paragraph (1) of paragraph 16A; in that sub-paragraph for "Lord Chancellor" substitute "Lord Chief Justice, after consulting the Lord Chancellor"; after that sub-paragraph insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1).

Lands Tribunal Act 1949

1 amendment · open Act

  1. Amend. Lands Tribunal Act 1949

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F19

Registered Designs Act 1949

3 amendments · open Act

  1. Section 271 change, 1 insertion

    27 Registered Designs Act 1949

    1 Section 27 (meaning of the court) is amended as follows.
    2 In subsection (2) for "Lord Chancellor may select" substitute "Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor, select".
    3 After subsection (2) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
  2. Section 281 change, 1 insertion

    28 Registered Designs Act 1949

    1 Section 28 (the Appeal Tribunal) is amended as follows.
    2 In subsection (2)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor".
    3 After subsection (10) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2)(a).
  3. Section 311 insertion

    31 Registered Designs Act 1949

    In the Registered Designs Act 1949, in section 31 (evidence before registrar) in paragraph (b) before “as regards” insert "or of the Court of Judicature".

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

1 amendment · open Act

  1. Section 5

    5 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

    1 Section 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (appropriate courts and procedure) is amended as follows.
    2 After subsection (5) insert— The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making rules under subsection (1) that relate to England and Wales. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (5A).

City of London (Guild Churches) Act 1952

1 amendment · open Act

  1. Amend. City of London (Guild Churches) Act 1952

    In Schedule 1 to the City of London (Guild Churches) Act 1952, for the entries in column 2 (patrons) relating to each of—a All Hallows London Wall,b St. Margaret Pattens, andc St. Mary Aldermary,substitute “ Her Majesty ”.

Pharmacy Act 1954

1 amendment · open Act

  1. Section 109(4)1 change, 1 insertion

    109 Pharmacy Act 1954

    1 In Schedule 1C to the Pharmacy Act 1954 (appeal tribunals), paragraph 3 (appointments) is amended as follows.
    2 In sub-paragraph (4) for "by the Lord Chancellor and" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor, and by".
    3 After sub-paragraph (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Mines and Quarries Act 1954

1 amendment · open Act

  1. Section 1701 insertion

    170 Mines and Quarries Act 1954

    1 Section 170 of the Mines and Quarries Act 1954 (provisions as to references upon notices) is amended as follows.
    2 In subsection (9) after "Lord Chancellor" insert ", the Lord Chief Justice".
    3 After subsection (9) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (9).

Land Powers (Defence) Act 1958

4 amendments · open Act

  1. Amend. Land Powers (Defence) Act 1958

    Schedule 2 to the Land Powers (Defence) Act 1958 (provisions with respect to making certain orders under the Act) is amended as follows.

  2. Amend. Land Powers (Defence) Act 1958

    1 Paragraph 8 (application to court to challenge order) is amended as follows.
    2 That paragraph becomes sub-paragraph (1) of paragraph 8.
    3 In that sub-paragraph “for High Court” substitute “ appropriate court ”.
    4 After that sub-paragraph insert— In this paragraph “appropriate court” means— if the order relates to land in England and Wales, the High Court in England and Wales; if the order relates to land in Scotland, the Court of Session; if the order relates to land in Northern Ireland, the High Court in Northern Ireland.

  3. Amend. Land Powers (Defence) Act 1958

    Omit paragraphs 10 and 11 (modifications for application to Scotland and Northern Ireland).
  4. Section 109(4)1 change, 1 insertion

    109 Land Powers (Defence) Act 1958

    1 Paragraph 4 (inquiries into objections) is amended as follows.
    2 In sub-paragraph (1) for "by the Lord Chancellor" substitute "in accordance with sub-paragraph (1A)".
    3 After sub-paragraph (1) insert— A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows— if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session; if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.
    4 In sub-paragraph (3) for "The Lord Chancellor shall by statutory instrument make rules of procedure" substitute "Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A)".
    5 After sub-paragraph (3) insert— Rules under sub-paragraph (3) are to be made as follows— if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor; if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session; if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.
    6 In sub-paragraph (4) for the words from “as the Lord Chancellor” to the end substituteas may be determined, with the approval of the Treasury— by the Lord Chancellor, or in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.
    7 After sub-paragraph (4) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. 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 his functions under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Agriculture Act 1958

1 amendment · open Act

  1. Section 51 change

    5 Agriculture Act 1958

    In the Agriculture Act 1958, in section 5 (functions under section 73 of the Agriculture Act 1947) for "by the Lord Chancellor and not by the Minister" substitute "as provided for in that section".

Mental Health Act 1959

1 amendment · open Act

  1. Section 1451 deletion

    145 Mental Health Act 1959

    In section 145 of the Mental Health Act 1959 (general provisions as to regulations, orders and rules) omit "or the Lord Chancellor".

Administration of Justice Act 1960

2 amendments · open Act

  1. Section 11 change, 1 deletion

    1 Administration of Justice Act 1960

    1 The Administration of Justice Act 1960 is amended as follows.
    2 In section 1 (right of appeal to House of Lords in criminal cases)— in subsection (1) for "House of Lords" substitute "Supreme Court"; in subsection (2) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”; omit subsection (3); in subsections (4) and (5) for "House of Lords" substitute "Supreme Court".
    3 In section 2 (application for leave to appeal)— for “House of Lords” in each place substitute “ Supreme Court ”; for "that House or that court" substitute "the Supreme Court or the court below".
    4 In section 4 (admission of appellant to bail) in subsection (2) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.
    5 In sections 5(5) and 6(3) (power to order detention or admission to bail of defendant, and computation of sentence where bail granted) for "House of Lords" substitute "Supreme Court".
    6 In section 9 (procedure) in subsection (3) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.
    7 In section 13 (appeal in cases of contempt of court)— in subsection (2)(c) for "House of Lords" substitute "Supreme Court"; in subsection (4) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.
  2. Section 141 deletion

    14 Administration of Justice Act 1960

    In section 14 of the Administration of Justice Act 1960 (procedure on application for habeas corpus), in subsection (2) omit "; and no such application shall in any case be made to the Lord Chancellor".

Transport Act 1962

6 amendments · open Act

  1. Amend. Transport Act 1962

    Schedule 11 (application to Northern Ireland) is amended as follows.

  2. Amend. Transport Act 1962

    Omit paragraph 10.
  3. Section 741 insertion

    74 Transport Act 1962

    1 Section 74 (Minister's power to make orders about pensions) is amended as follows.
    2 In subsection (6)(c) after "Lord Chancellor" insert "and the Lord Chief Justice of England and Wales".
    3 After subsection (9) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  4. Section 811 insertion

    81 Transport Act 1962

    1 Section 81 (compensation to officers and servants of the Commission) is amended as follows
    2 In subsection (4)(b) after "Lord Chancellor" insert "and the Lord Chief Justice of England and Wales".
    3 After subsection (10) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  5. Section 88

    88 Transport Act 1962

    1 Paragraph 6 (appointment of referee or board of referees) is amended as follows.
    2 That paragraph becomes sub-paragraph (1) of paragraph 6.
    3 After that sub-paragraph insert— The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  6. Section 109(4)1 insertion

    109 Transport Act 1962

    1 In Schedule 7 (transitional provisions) paragraph 17 is amended as follows.
    2 In sub-paragraph (3) after "Lord Chancellor" insert "and the Lord Chief Justice of England and Wales".
    3 After sub-paragraph (6) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

City of London (Courts) Act 1964

1 amendment · open Act

  1. Section 151 change, 1 insertion

    15 City of London (Courts) Act 1964

    1 Section 15 of the City of London (Courts) Act 1964 (oaths) is amended as follows.
    2 That section becomes subsection (1) of section 15.
    3 In that subsection for "Lord Chancellor" substitute "Lord Chief Justice".
    4 After that subsection insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

Finance Act 1966

1 amendment · open Act

  1. Section 109(4)1 insertion

    109 Finance Act 1966

    1 In Schedule 1 to the Finance Act 1966 (reliefs for shipbuilders), paragraph 6 is amended as follows.
    2 In sub-paragraph (2)— after "Lord Chancellor" insert "with the concurrence of the Lord Chief Justice of England and Wales"; before “the Lord Chief Justice of Northern Ireland” insert "by the Lord Chancellor with the concurrence of".
    3 After sub-paragraph (4) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (2)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Courts-Martial (Appeals) Act 1968

2 amendments · open Act

  1. Section 51 insertion

    5 Courts-Martial (Appeals) Act 1968

    1 Section 5 of the Courts-Martial (Appeals) Act 1968 (constitution of court for particular sittings) is amended as follows.
    2 In subsection (4) after "expedient to do so" insert "after consulting the Lord Chief Justice".
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  2. Section 51 change, 1 deletion

    5 Courts-Martial (Appeals) Act 1968

    1 The Courts-Martial (Appeals) Act 1968 is amended as follows.
    2 In section 5 (constitution of court for particular sittings) in subsection (3)(b) for "House of Lords" substitute "Supreme Court".
    3 In sections 39 and 40 (right of appeal, and application for leave to appeal)— for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”; for “the Court” in each place substitute “ the Appeal Court ”.
    4 In section 41 (hearing and disposal of appeal)— omit subsections (1) and (2); in subsection (3) for "House of Lords" substitute "Supreme Court".
    5 In sections 42 and 43 (bail, and detention of accused) for “House of Lords” in each place substitute “ Supreme Court ”, and in section 42 for "the Court" substitute "the Appeal Court".
    6 In section 44 (presence of accused at hearing)— for “the House of Lords” in the first place substitute “ the Supreme Court ”; for "an order of the House of Lords authorises" substitute "Supreme Court Rules authorise"; for "that House" substitute "the Supreme Court".
    7 In section 45 (effect of repeal on sentence) in subsection (1) for “House of Lords” in each place substitute “ Supreme Court ”.
    8 In section 46 (restitution of property) for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.
    9 In section 47 (costs) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”, and for "the Court or the House" substitute "the Appeal Court or the Supreme Court".
    10 In sections 50 and 57 (duties of registrar with respect to appeals etc, and interpretation) for "House of Lords" substitute "Supreme Court".

Taxes Management Act 1970

3 amendments · open Act

  1. Amend. Taxes Management Act 1970

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F20
  2. Section 4

    4 Taxes Management Act 1970

    1 Section 4 (Special Commissioners) is amended as follows.
    2 After subsection (3) insert— The Lord Chancellor may designate a person under subsection (3) only with the concurrence of all of the following— the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland.
    3 After subsection (4) insert— The Lord Chancellor may remove a Special Commissioner from office under subsection (4) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— the Special Commissioner exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or the Special Commissioner exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.
    4 After subsection (7) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3A). 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 his functions under subsection (3A). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
  3. Section 561 change

    56 Taxes Management Act 1970

    1 The Taxes Management Act 1970 is amended as follows.
    2 In section 56 (statement of case for the opinion of the High Court)— in subsection (8) for “House of Lords” in the first place substitute “ Supreme Court ”; for subsection (8)(a) substitute— an appeal to the Supreme Court under this subsection lies only with the permission of the Court of Appeal or the Supreme Court, and; in subsection (8)(b) and in subsection (10) for “House of Lords” in each place substitute “ Supreme Court ”.
    3 In section 56A (appeals from the Special Commissioners)— in subsections (5) and (6) for “House of Lords” in each place substitute “ Supreme Court ”; for subsection (7) substitute— An appeal to the Supreme Court under subsection (6) lies only with the permission of the Court of Appeal or the Supreme Court.; in subsection (10) for "House of Lords" substitute "Supreme Court".
    4 In section 58 (proceedings in tax cases in Northern Ireland) in subsection (2C) for "House of Lords" substitute "Supreme Court".

Administration of Justice Act 1970

2 amendments · open Act

  1. Amend. Administration of Justice Act 1970

    In the Administration of Justice Act 1970, in Schedule 9 (enforcement of orders for costs, compensation, etc) in paragraphs 6(c) and 16A for “House of Lords” in each place substitute “ Supreme Court ”.
  2. Section 10

    10 Administration of Justice Act 1970

    1 Section 10 of the Administration of Justice Act 1970 (temporary additional judges of the Registered Designs Appeal Tribunal) is amended as follows.
    2 For subsection (1) substitute— This section applies if both of the following conditions are met— the Lord Chancellor thinks that it is expedient, having regard to the state of business pending before the Registered Designs Appeal Tribunal and after consulting the Lord Chief Justice, for a person to be appointed to sit and act as an additional judge of the Tribunal (either alone or with a judge of the High Court who is a judge of the Tribunal); the Lord Chancellor requests the Lord Chief Justice to make such an appointment. The Lord Chief Justice may, after consulting the Lord Chancellor, appoint one of the following persons as mentioned in subsection (1)(a)— a judge of the Court of Appeal; a person who has held office as a judge of the Court of Appeal or of the High Court; one of Her Majesty's Counsel. An appointment under this section is— for such period, or for the purpose of hearing such appeals,as the Lord Chief Justice determines, after consulting the Lord Chancellor.
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Courts Act 1971

7 amendments · open Act

  1. Amend. Courts Act 1971

    In the table in paragraph 2 of Schedule 8 (general rules of construction), in the second column of entry 7 and of entry 14 for “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.

  2. Amend. Courts Act 1971

    In Schedule 10 (transitional provisions), omit paragraphs 3 and 4.
  3. Section 171 insertion

    17 Courts Act 1971

    In section 17 (retirement, removal and disqualification of Circuit judges), in subsection (4) after "fit" insert "and if the Lord Chief Justice agrees".
  4. Section 21

    21 Courts Act 1971

    1 Section 21 (appointment of Recorders) is amended as follows.
    2 For subsections (3) and (4) substitute— The appointment of a person as a Recorder shall specify the following— the term for which he is appointed; the frequency and duration of the occasions during that term on which he will be required to be available to undertake the duties of a Recorder; the circumstances in which the Lord Chancellor may— decline to extend the term of the appointment, or terminate the appointment,(other than those in subsection (4C)(a) or (b) and subsection (6)(a) or (b)). Circumstances may be specified under subsection (3)(c) in an appointment only if the Lord Chief Justice agrees. Subject to subsections (4B) to (5), the Lord Chancellor must extend the term of a Recorder's appointment (including a term already extended under this subsection) before its expiry, for such term as the Lord Chancellor thinks appropriate. The Lord Chancellor must not extend the term of a Recorder's appointment unless the Recorder agrees to the extension. The Lord Chancellor may, with the agreement of the Lord Chief Justice, decline to extend the term of a Recorder's appointment on any of these grounds— the incapacity or misbehaviour of the Recorder; a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment; one or more of the circumstances specified under subsection (3)(c) in his appointment applies.
    3 For subsection (6) substitute— The Lord Chancellor may, with the agreement of the Lord Chief Justice, terminate the appointment of a Recorder on any of these grounds— the incapacity or misbehaviour of the Recorder; a failure of the Recorder to comply with any requirement specified under subsection (3)(b) in the terms of his appointment; one or more of the circumstances specified under subsection (3)(c) in his appointment applies.
  5. Section 221 change, 1 insertion

    22 Courts Act 1971

    1 Section 22 (oaths to be taken by Circuit judges and Recorders) is amended as follows.
    2 In subsection (2) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
  6. Section 241 change, 1 insertion, 1 deletion

    24 Courts Act 1971

    1 Section 24 (deputy Circuit judges and assistant Recorders) is amended as follows.
    2 In subsection (1)— for "the Lord Chancellor" substitute "him"; omit ", he may"; cF301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dF172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1)(a).
  7. Section 271 change

    27 Courts Act 1971

    1 In section 27 of the Courts Act 1971, in the definition of “the senior judges” in subsection (9) for "the Vice-Chancellor and the President of the Family Division" substitute "the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court".
    2 In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 139(a) of Schedule 8 to the Courts Act 2003.

Land Charges Act 1972

1 amendment · open Act

  1. Section 161 deletion

    16 Land Charges Act 1972

    In section 16 of the Land Charges Act 1972 (general rules), in subsection (2) omit "of the Lord Chancellor, with the concurrence of the Secretary of State,".

Matrimonial Causes Act 1973

1 amendment · open Act

  1. Section 10A1 insertion

    10A Matrimonial Causes Act 1973

    1 Section 10A of the Matrimonial Causes Act 1973 (proceedings after decree nisi: religious marriage) is amended as follows.
    2 In subsection (6) after "Lord Chancellor" insert "after consulting the Lord Chief Justice".
    3 After subsection (7) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Juries Act 1974

3 amendments · open Act

  1. 1 change, 1 insertion

    Amend. Juries Act 1974

    In the Juries Act 1974, in Group A in Part 1 of Schedule 1 (persons ineligible: the judiciary)—a in the entry relating to holders of high judicial office, for "the Appellate Jurisdiction Act 1876" substitute "Part 3 of the Constitutional Reform Act 2005", andb after that entry insert the following entry— “ Members of the Judicial Committee of the Privy Council (if not holders of high judicial office within the meaning of that Part). ”
  2. Section 5

    5 Juries Act 1974

    In section 5 (panels of persons summoned as jurors), after subsection (4) insert—5 The Lord Chancellor must consult the Lord Chief Justice before giving any direction under subsection (1).6 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  3. Section 9AA1 insertion

    9AA Juries Act 1974

    1 Section 9AA (requirement to issue guidance) is amended as follows.
    2 In subsection (1) after "shall" insert ", after consulting the Lord Chief Justice,".
    3 After subsection (2) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Industry Act 1975

2 amendments · open Act

  1. Amend. Industry Act 1975

    In the Industry Act 1975, in Schedule 3 (arbitration) in paragraph 23(2) for “House of Lords” in each place substitute “ Supreme Court ”.
  2. Section 109(4)1 change, 1 insertion

    109 Industry Act 1975

    1 Schedule 3 to the Industry Act 1975 (tribunals to arbitrate disputes relating to vesting and compensation orders) is amended as follows.
    2 In paragraph 4 (constitution and sittings)— that paragraph becomes sub-paragraph (1) of paragraph 4; in that sub-paragraph after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,"; after that sub-paragraph insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. 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 his functions under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    3 In paragraph 5 (Scottish proceedings) for "paragraph 4" substitute "paragraph 4(1)".
    4 In paragraph 8(a) (meaning of “appointor”) for "paragraph 4" substitute "paragraph 4(1)".
    5 After paragraph 8 insert—8AWhere the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge.8BThe appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Local Land Charges Act 1975

3 amendments · open Act

  1. Amend. Local Land Charges Act 1975

    83F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  2. Section 91 insertion

    9 Local Land Charges Act 1975

    1 Section 9 (official searches) is amended as follows.
    2 For subsection (3) substitute— In relation to England, the fee (if any) specified by a registering authority under section 13A below shall be payable, in such manner as the authority may specify, in respect of any requisition made under this section to that authority. In relation to Wales, the prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.
    3 In subsection (4)— after "fee" insert "(if any)"; bF338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  3. Section 14

    14 Local Land Charges Act 1975

    1 In section 14 (rules), for subsection (1)(h) substitute— for prescribing— in relation to England, the fees, if any, to be paid for the making of any personal search; in relation to Wales, the fees, if any, to be paid for the filing of documents with a registering authority, the making of any entry on a register, the supply of copies of, or the variation or cancellation of, any such entry, and the making of any search of a register.
    2 The reference to that section in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) is to be treated as referring to that section as amended by this paragraph.

Armed Forces Act 1976

1 amendment · open Act

  1. Section 61 insertion

    6 Armed Forces Act 1976

    1 Section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts) is amended as follows.
    2 After subsection (3) insert— The Lord Chancellor may give approval to an order under subsection (3) only after consulting the relevant judges.
    3 After subsection (4) insert— The Lord Chancellor may make an appointment under subsection (4) only with the concurrence of the relevant judges.
    4 In subsection (7) after "Lord Chancellor" insert "and the relevant judges".
    5 After subsection (8) insert— The Lord Chancellor may give his approval under section (8) only with the concurrence of the relevant judges.
    6 After subsection (11) insert— The Lord Chancellor may give his approval to the removal of a member under subsection (11) only with the concurrence of the Lord Chief Justice of England and Wales.
    7 After subsection (17) insert— References in this section to the relevant judges are references to all of the following— the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section, except his functions under subsection (11A). 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Rent (Agriculture) Act 1976

1 amendment · open Act

  1. Section 26

    26 Rent (Agriculture) Act 1976

    In section 26 of the Rent (Agriculture) Act 1976 (jurisdiction and procedure), omit subsection (5).

Aircraft and Shipbuilding Industries Act 1977

2 amendments · open Act

  1. Amend. Aircraft and Shipbuilding Industries Act 1977

    89F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Aircraft and Shipbuilding Industries Act 1977

    29F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patents Act 1977

3 amendments · open Act

  1. Amend. Patents Act 1977

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F21
  2. Section 971 change, 1 insertion

    97 Patents Act 1977

    1 Section 97 (appeals from the comptroller) is amended as follows.
    2 In subsection (2) for "or on behalf of the Lord Chancellor" substitute "the Lord Chief Justice of England and Wales after consulting the Lord Chancellor".
    3 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
  3. Section 1061 change

    106 Patents Act 1977

    1 The Patents Act 1977 is amended as follows,
    2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F61
    3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F61
    4 In section 106 (costs and expenses in proceedings before the Court) for "the Rules of the Supreme Court or by the County Court Rules" substitute "rules of court".

Administration of Justice Act 1977

1 amendment · open Act

  1. Section 231 insertion

    23 Administration of Justice Act 1977

    1 Section 23 of the Administration of Justice Act 1977 (jurisdiction of ancient courts) is amended as follows.
    2 In subsection (4) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Rent Act 1977

1 amendment · open Act

  1. Section 142

    142 Rent Act 1977

    Omit section 142 of the Rent Act 1977 (rules as to procedure).

National Health Service Act 1977

1 amendment · open Act

  1. Amend. National Health Service Act 1977

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F22

Domestic Proceedings and Magistrates' Courts Act 1978

1 amendment · open Act

  1. Section 2

    2 Domestic Proceedings and Magistrates' Courts Act 1978

    1 Section 2 of the Domestic Proceedings and Magistrates' Courts Act 1978 (powers of court to make orders for financial provision) is amended as follows.
    2 In subsection (3) omit the second paragraph.
    3 After subsection (3) insert— An order made by the Lord Chancellor under this section— shall be made only after consultation with the Lord Chief Justice; shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Customs and Excise Management Act 1979

1 amendment · open Act

  1. Section 109(4)

    109 Customs and Excise Management Act 1979

    In Schedule 3 to the Customs and Excise Management Act 1979 (provisions relating to forfeiture), after paragraph 17(4) insert—5 The Lord Chancellor may make an appointment under sub-paragraph (4) only with the concurrence—a where the proceedings referred to in sub-paragraph (1) were taken in England and Wales, of the Lord Chief Justice of England and Wales;b where those proceedings were taken in Scotland, of the Lord President of the Court of Session;c where those proceedings were taken in Northern Ireland, of the Lord Chief Justice of Northern Ireland.6 The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.7 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 his functions under this paragraph.8 The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).

Tobacco Products Duty Act 1979

1 amendment · open Act

  1. Section 5

    5 Tobacco Products Duty Act 1979

    1 Section 5 of the Tobacco Products Duty Act 1979 (retail price of cigarettes) is amended as follows.
    2 In subsection (4) for the words from “by the Lord Chancellor” to the end substitute “ in accordance with subsections (7) to (9). ”
    3 After subsection (6) insert— The Lord Chancellor is to appoint the referee. The appointment is to be made only with the concurrence of— the Lord Chief Justice of England and Wales, if the determination of the Commissioners was made in relation to England and Wales; the Lord President of the Court of Session, if the determination was made in relation to Scotland; or the Lord Chief Justice of Northern Ireland, if the determination was made in relation to Northern Ireland. None of the following may be appointed— an official of any government department; an office holder in, or a member of the staff of, the Scottish Administration. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Magistrates' Courts Act 1980

7 amendments · open Act

  1. Amend. Magistrates' Courts Act 1980

    101F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  2. Section 3B1 change, 1 insertion

    3B Magistrates' Courts Act 1980

    1 Section 3B (transfer of trials of summary offences) is amended as follows.
    2 In subsection (3) for "Lord Chancellor may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,".
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
  3. Section 671 change, 1 insertion

    67 Magistrates' Courts Act 1980

    1 Section 67 (family proceedings courts and panels) is amended as follows.
    2 In subsection (2)(a) for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,".
    3 In subsection (5) for "on the Lord Chancellor" substitute ", exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice,".
    4 After subsection (8) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2)(a).
    5 In relation to the enactment referred to in this paragraph, the original amending provision is section 49(1) of the Courts Act 2003.
  4. Section 681 insertion

    68 Magistrates' Courts Act 1980

    1 Section 68 (combined family panels) is amended as follows.
    2 In subsection (2), after "thinks fit" insert "after consulting the Lord Chief Justice".
    3 After subsection (6) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
    4 In relation to the enactment referred to in this paragraph, the original amending provision is section 49(2) of the Courts Act 2003 (c. 39).
  5. Section 1441 insertion

    144 Magistrates' Courts Act 1980

    1 Section 144 (rule committee and rules of procedure) is amended as follows.
    F1462 2F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    3 In subsection (1)— for the words from the beginning to “and may on” substitute “The Lord Chief Justice may on”; after "consultation with the rule committee" insert ", and with the concurrence of the Lord Chancellor,".
    4 After subsection (1) insert— If the Lord Chancellor does not agree rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice and the rules committee written reasons for doing so.
    F1465 5F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    6 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  6. Section 144

    144 Magistrates' Courts Act 1980

    After section 144 insert—144A Rules to be made if required by Lord Chancellor1 This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules made under section 144 to include provision that would achieve a purpose specified in the notice.2 The Lord Chief Justice must make such rules as he considers necessary to achieve the specified purpose.3 Those rules must be—a made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;b made in accordance with section 144.4 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  7. Section 1461 change, 1 insertion

    146 Magistrates' Courts Act 1980

    1 In section 146 (rules relating to youth court panels and composition of youth court), in subsection (2) for "Lord Chancellor" substitute "Lord Chief Justice".
    2 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his powers under rules made under this section.
    3 In relation to the enactment referred to in this paragraph, the original amending provision is section 50(3) of the Courts Act 2003.

Housing Act 1980

1 amendment · open Act

  1. Section 86

    86 Housing Act 1980

    In section 86 of the Housing Act 1980 (jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

Administration of Justice Act 1982

2 amendments · open Act

  1. Section 23(1)(c)1 change

    23 Administration of Justice Act 1982

    1 The Administration of Justice Act 1982 is amended as follows.
    2 In the following provisions for “Supreme Court” or “Supreme Court of Judicature” substitute “ Court of Judicature ” section 23(1)(c); section 25(3)(c); section 39(5)(b); section 42(5)(b).
    3 In section 47 (interpretation of Part 6) in the definition of “Accountant General” for "the Accountant General of the Supreme Court" substitute "in relation to England and Wales, the Accountant General of the Senior Courts and, in relation to Northern Ireland, the Accountant General of the Court of Judicature".
  2. Section 251 insertion

    25 Administration of Justice Act 1982

    1 Section 25 (regulations as to deposit and registration of wills) is amended as follows.
    2 In subsection (4) after "Lord Chancellor" insert "after consulting the Lord Chief Justice of England and Wales".
    3 After subsection (8) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).

Representation of the People Act 1983

2 amendments · open Act

  1. Section 1571 change

    157 Representation of the People Act 1983

    1 The Representation of the People Act 1983 is amended as follows.
    2 In section 157 (application to Northern Ireland)— in each place for "Supreme Court (Queen's Bench Division)" substitute "Senior Courts (Queen's Bench Division)"; in subsection (8) for "Supreme Court of Judicature" substitute "Court of Judicature".
    3 In the following provisions for "Supreme Court" substitute "Senior Courts" section 182(1); section 183(1).
  2. Section 1611 insertion

    161 Representation of the People Act 1983

    In section 161 of the Representation of the People Act 1983 (justices of the peace guilty of corrupt practice)—a after "Lord Chancellor" insert "and the Lord Chief Justice";b after "Scotland," insert "to".

Mental Health Act 1983

8 amendments · open Act

  1. 1 deletion

    Amend. Mental Health Act 1983

    1 Schedule 2 (mental health review tribunals) is amended as follows.
    2 In paragraph 1(b) and (c) omit "after consultation with the Secretary of State".
    3 After paragraph 1 insert—1AAs part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.
  2. Section 931 change, 1 insertion

    93 Mental Health Act 1983

    1 Section 93 (judicial authorities and Court of Protection) is amended as follows.
    2 In subsection (1) for "Lord Chancellor shall" substitute "Lord Chief Justice shall, after consulting the Lord Chancellor,".
    3 In subsection (3) for "Lord Chancellor" substitute "Lord Chief Justice".
    4 In subsection (4) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".
    5 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).
  3. Section 941 deletion

    94 Mental Health Act 1983

    In section 94 (exercise of the judge's functions: the patient), in subsection (1) omit "by the Lord Chancellor or".
  4. Section 961 deletion

    96 Mental Health Act 1983

    In section 96 (powers of the judge as to the patient's property and affairs), in subsection (3) omit "the Lord Chancellor or".
  5. Section 1041 deletion

    104 Mental Health Act 1983

    In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit "the Lord Chancellor or" in both places.
  6. Section 1051 deletion

    105 Mental Health Act 1983

    In section 105 (appeals), in subsection (2) omit "from any decision of the Lord Chancellor or".
  7. Section 108

    108 Mental Health Act 1983

    1 Section 108 (general provisions as to rules under Part 7) is amended as follows.
    2 For subsection (1) substitute— Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice.
    3 After subsection (2) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
    4 Paragraph 16 of Schedule 1 also amends section 108.
  8. Section 1111 deletion

    111 Mental Health Act 1983

    1 Section 111 (construction of references in other Acts) is amended as follows.
    2 In subsection (1) omit "by the Lord Chancellor or".
    3 In subsection (2) omit "the Lord Chancellor,".
    4 In subsection (4)— in paragraph (a) omit "the Lord Chancellor or"; in paragraph (b) omit "the Lord Chancellor,".

Pastoral Measure 1983

1 amendment · open Act

  1. Section 81(2)1 change, 1 deletion

    81 Pastoral Measure 1983

    1 Section 81(2) of the Pastoral Measure 1983 (application to benefices in the patronage of the Crown or the Duke of Cornwall) is amended as follows.
    2 In paragraph (a)— for the words from the beginning to “benefices” substitute “ any consent under the foregoing subsection in respect of a benefice or benefices ”; omit the words from “, or a” to “books”; omit "last-mentioned".
    3 Omit paragraph (b).

County Courts Act 1984

10 amendments · open Act

  1. Amend. County Courts Act 1984

    161F319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. County Courts Act 1984

    163F321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  3. Amend. County Courts Act 1984

    166F322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  4. Section 3

    3 County Courts Act 1984

    1 Section 3 (places and times of sittings) is amended as follows.
    F3202 2F320. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).
  5. Section 111 insertion

    11 County Courts Act 1984

    1 Section 11 (tenure of office) is amended as follows.
    2 In subsection (5) after "by the Lord Chancellor" insert ", but only with the concurrence of the Lord Chief Justice".
    3 In subsection (6) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".
  6. Section 12

    12 County Courts Act 1984

    In section 12 (records of proceedings to be kept by district judges), after subsection (2) insert—3 The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.4 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  7. Section 381 change

    38 County Courts Act 1984

    In section 38 (remedies available in county courts), in subsection (5) for "by the Lord Chancellor under this section" substitute "under this section by the Lord Chancellor after consulting the Lord Chief Justice".
  8. Section 611 insertion

    61 County Courts Act 1984

    1 Section 61 (right of audience by direction) is amended as follows.
    2 In subsection (1) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  9. Section 74A

    74A County Courts Act 1984

    Omit section 74A (practice directions).
  10. Section 145

    145 County Courts Act 1984

    In section 145 (power to raise monetary limits), after subsection (2) insert—2A It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (1).

Matrimonial and Family Proceedings Act 1984

6 amendments · open Act

  1. Amend. Matrimonial and Family Proceedings Act 1984

    171F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Matrimonial and Family Proceedings Act 1984

    172F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  3. Amend. Matrimonial and Family Proceedings Act 1984

    173F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  4. Amend. Matrimonial and Family Proceedings Act 1984

    174F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  5. Section 401 change, 1 deletion

    40 Matrimonial and Family Proceedings Act 1984

    1 Section 40 (family proceedings rules) is amended as follows.
    2 In subsection (1) for "by the Lord Chancellor together with any four or more of the following persons, namely—" substitute "by a committee known as the Family Proceedings Rule Committee, which is to consist of the following persons—".
    3 For subsection (3) substitute— The members of the Family Proceedings Rule Committee, other than those eligible to act by virtue of their office, are appointed under subsection (3ZA) or (3ZB). The Lord Chief Justice must appoint the persons referred to in paragraphs (b), (c) (d) and (e) of subsection (1), after consulting the Lord Chancellor. The Lord Chancellor must appoint the persons referred to in paragraphs (f) and (g) of subsection (1), after consulting the Lord Chief Justice. A person is to be appointed under subsection (3ZA) or (3ZB) for such period as the Lord Chancellor determines after consulting the Lord Chief Justice.
    4 Omit subsection (5).
    5 In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003.
  6. Section 40

    40 Matrimonial and Family Proceedings Act 1984

    1 After section 40 insert—40A Process for making rules of court under section 40 Family proceedings rules must be— signed by a majority of the members of the Family Proceedings Rule Committee, and submitted to the Lord Chancellor. The Lord Chancellor may allow or disallow rules so made. If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so. Rules so made and allowed by the Lord Chancellor— come into force on such day as the Lord Chancellor directs, and are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown. A statutory instrument containing Family Proceedings rules is subject to annulment in pursuance of a resolution of either House of Parliament. In this section and section 40B “Family Proceedings rules” means rules of court made under section 40.40B Rules to be made if required by Lord Chancellor This section applies if the Lord Chancellor gives the Family Proceedings Rule Committee written notice that he thinks it is expedient for Family Proceedings rules to include provision that would achieve a purpose specified in the notice. The Committee must make such Family Proceedings rules as it considers necessary to achieve the specified purpose. Those rules must be— made within a reasonable period after the Lord Chancellor gives notice to the Committee; made in accordance with section 40A.
    2 The enactment referred to in this paragraph, for the purposes of paragraph 361(3), is section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42), and in relation to that enactment the original amending provision is paragraph 278(a) of Schedule 8 to the Courts Act 2003 (c. 39).

Inheritance Tax Act 1984

2 amendments · open Act

  1. Section 256

    256 Inheritance Tax Act 1984

    In section 256 (regulations about accounts etc), for subsection (3A) substitute—3A Regulations under this section may only be made—a in relation to England and Wales, after consulting the Lord Chancellor;b in relation to Scotland, after consulting the Scottish Ministers;c in relation to Northern Ireland, after consulting the Lord Chief Justice of Northern Ireland.3B The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3A)—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).
  2. Section 2571 change, 1 insertion

    257 Inheritance Tax Act 1984

    1 Section 257 (form etc of accounts) is amended as follows.
    2 In subsection (3) for "Lord Chancellor" substitute "Lord Chief Justice of Northern Ireland".
    3 After subsection (3) insert— The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (3)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Reserve Forces (Safeguard of Employment) Act 1985

1 amendment · open Act

  1. 1 change

    Amend. Reserve Forces (Safeguard of Employment) Act 1985

    1 Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (Reinstatement Committees and Umpires) is amended as follows.
    2 In paragraph 2 (membership of Reinstatement Committees), for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".

Transport Act 1985

2 amendments · open Act

  1. Section 91 change

    9 Transport Act 1985

    1 The Transport Act 1985 is amended as follows.
    2 In section 9 (appeals against traffic regulation conditions) in subsection (9) for “House of Lords” in each place substitute “ Supreme Court ”.
    3 In Schedule 4 (consultation, powers and proceedings of the Transport Tribunal), in paragraph 14(7) for "House of Lords" substitute "Supreme Court", and for "that Court" substitute "the Court of Appeal or Court of Session (as the case may be)".
  2. Section 109(4)1 change, 1 insertion

    109 Transport Act 1985

    1 Schedule 4 to the Transport Act 1985 (constitution, powers and proceedings of the Transport Tribunal) is amended as follows.
    2 In paragraph 3 (tenure of office), after sub-paragraph (3) insert— The Lord Chancellor may remove a judicial member from office under sub-paragraph (3) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the judicial member who is to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
    3 In paragraph 10 (the president)— in sub-paragraph (1) for "Lord Chancellor" substitute "Lord Chief Justice"; after sub-paragraph (1) insert— Before exercising his functions under sub-paragraph (1) the Lord Chief Justice must— consult the Lord Chancellor, and obtain the agreement of the Lord President of the Court of Session.; after sub-paragraph (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1). 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 his functions under sub-paragraph (1A)(b).

Housing Act 1985

3 amendments · open Act

  1. Section 111

    111 Housing Act 1985

    Omit section 111 (secure tenancies: county court rules and directions).
  2. Section 181

    181 Housing Act 1985

    In section 181 (right to buy: jurisdiction of county court), omit subsections (4) and (5) (rules and directions).
  3. Section 572

    572 Housing Act 1985

    In section 572 (assistance for owners of defective housing: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).

Coroners Act 1988

2 amendments · open Act

  1. Section 31 change

    3 Coroners Act 1988

    1 Section 3 (terms on which coroners hold office) is amended as follows.
    2 For subsection (4) substitute— The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove any coroner from office for inability or misbehaviour.
    3 In subsection (5) for ", wilful neglect of his duty or misbehaviour in the discharge of his duty" substitute "or wilful neglect of his duty".
  2. Section 331 deletion

    33 Coroners Act 1988

    In section 33 (savings), in subsection (2)(a) omit "the Lord Chancellor or".

Copyright, Designs and Patents Act 1988

4 amendments · open Act

  1. Amend. Copyright, Designs and Patents Act 1988

    200F323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Copyright, Designs and Patents Act 1988

    201F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  3. Amend. Copyright, Designs and Patents Act 1988

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F23
  4. Section 146

    146 Copyright, Designs and Patents Act 1988

    1 Section 146 (membership of the copyright tribunal) is amended as follows.
    2 After subsection (6) insert— The Lord Chancellor may exercise his powers to remove a person under subsection (3) or to appoint a person under subsection (4) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4). 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 his functions under subsection (7) in relation to the appointment of a person under subsection (4). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (7) in relation to the appointment of a person under subsection (4)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Children Act 1989

7 amendments · open Act

  1. Amend. Children Act 1989

    205F325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Children Act 1989

    206F326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  3. Amend. Children Act 1989

    210F327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  4. Section 71 insertion

    7 Children Act 1989

    1 Section 7 (welfare reports) is amended as follows.
    2 In subsection (2) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
  5. Section 961 insertion

    96 Children Act 1989

    In section 96 (evidence given by, or with respect to, children), in subsection (3) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".
  6. Section 971 insertion

    97 Children Act 1989

    1 In section 97 (privacy for children involved in certain proceedings).
    2 In subsection (4) after "requires it" insert "and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees".
    3 After subsection (8) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).
  7. Section 109(4)

    109 Children Act 1989

    1 In Schedule 1 (financial provision for children), paragraph 5 (maximum lump sum payable for maintenance of child by order of magistrates court) is amended as follows.
    2 In sub-paragraph (2) after “Lord Chancellor may” substitute “ , after consulting the Lord Chief Justice, ”.
    3 After sub-paragraph (6) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

Courts and Legal Services Act 1990

6 amendments · open Act

  1. Amend. Courts and Legal Services Act 1990

    213F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Courts and Legal Services Act 1990

    In the Courts and Legal Services Act 1990, in Schedule 11 (judges etc barred from legal practice) for the words “Lord of Appeal in Ordinary” substituteJudge of the Supreme Court
  3. Section 11 change, 1 insertion

    1 Courts and Legal Services Act 1990

    1 Section 1 (allocation of business between High Court and county courts) is amended as follows.
    2 After subsection (1) insert— An order under subsection (1)(a) or (b) may be made only with the concurrence of the Lord Chief Justice.
    3 In subsection (9) for "the President of the Family Division, the Vice-Chancellor" substitute "the President of the Queen's Bench Division, the President of the Family Division, the Chancellor of the High Court".
    4 After subsection (12) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  4. Section 111 insertion

    11 Courts and Legal Services Act 1990

    1 Section 11 (representation in certain county court cases) is amended as follows.
    2 In subsection (1) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".
    3 Omit subsection (10).
    4 After subsection (11) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).
  5. Section 731 change, 1 insertion

    73 Courts and Legal Services Act 1990

    1 Section 73 (delegation of certain administrative functions of Master of the Rolls) is amended as follows.
    2 In subsection (3)— for "Lord Chancellor may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,"; for "Lord Chancellor considers" substitute "Lord Chief Justice and Lord Chancellor consider".
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
  6. Section 1191 change

    119 Courts and Legal Services Act 1990

    In section 119 (interpretation), in subsection (1) in the definition of “designated judge” for "the President of the Family Division or the Vice-Chancellor" substitute "the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court".

Armed Forces Act 1991

1 amendment · open Act

  1. Amend. Armed Forces Act 1991

    In Schedule 1 to the Armed Forces Act 1991 (assessors of compensation for miscarriages of justice) for paragraph 6 (power of removal) substitute—61 The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.2 In the case of a person who qualifies for appointment under—a paragraph (1)(a), orb paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.3 In the case of a person who qualifies for appointment under—a paragraph (1)(b), orb paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,that power shall only be exercisable with the consent of the Lord President of the Court of Session.4 In the case of a person who qualifies for appointment under—a paragraph (1)(c), orb paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

Child Support Act 1991

4 amendments · open Act

  1. Amend. Child Support Act 1991

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F24
  2. Section 8

    8 Child Support Act 1991

    1 Section 8 (role of the courts with respect to maintenance of children) is amended as follows.
    2 After subsection (5) insert— The Lord Chancellor may make an order under subsection (5) only with the concurrence of the Lord Chief Justice.
    3 After subsection (11) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  3. Section 28ZC1 change

    28ZC Child Support Act 1991

    In the Child Support Act 1991, in section 28ZC (restrictions on liability in certain cases of error) in subsection (6) in the definition of “the court”, for "House of Lords" substitute "Supreme Court".
  4. Section 45

    45 Child Support Act 1991

    In section 45 (jurisdiction of courts in certain proceedings under the Act), after subsection (7) insert—8 The functions of the Lord Chancellor under this section may be exercised only after consultation with the Lord Chief Justice.9 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Land Drainage Act 1991

2 amendments · open Act

  1. 1 change

    Amend. Land Drainage Act 1991

    In the Land Drainage Act 1991, in Schedule 3 (procedure with respect to certain orders), in paragraph 7(3) for "House of Lords" substitute "Supreme Court".
  2. Section 31

    31 Land Drainage Act 1991

    1 Section 31 of the Land Drainage Act 1991 (composition and incidental powers of the Agricultural Land Tribunal) is amended as follows.
    2 After subsection (1) insert— Before drawing up, or revising, a panel under subsection (1), the Lord Chancellor must consult the Lord Chief Justice.
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Tribunals and Inquiries Act 1992

3 amendments · open Act

  1. Section 6

    6 Tribunals and Inquiries Act 1992

    In section 6 (appointment of chairmen of certain tribunals), omit subsection (9).
  2. Section 71 insertion, 1 deletion

    7 Tribunals and Inquiries Act 1992

    1 In section 7 (concurrence required for removal of members of certain tribunals), subsection (1) is amended as follows.
    2 omit ", other than the Lord Chancellor,".
    3 In paragraphs (a) to (c) after “Lord Chancellor” in each place insert "(unless he is the Minister terminating the person's membership), the Lord Chief Justice of England and Wales,".
    4 In paragraph (d) after "Lord Chancellor" insert "(unless he is the Minister terminating the person's membership) and the Lord Chief Justice of England and Wales".
  3. Section 11

    11 Tribunals and Inquiries Act 1992

    In the Tribunals and Inquiries Act 1992, in section 11 (appeals from certain tribunals) in subsection (7)(d) for “House of Lords” in each place substitute “ Supreme Court ”.

Bail (Amendment) Act 1993

1 amendment · open Act

  1. Section 1

    1 Bail (Amendment) Act 1993

    In section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal), in subsection (12) in the definition of “magistrates' court” and “court” for “designated” to the end substitute “ designated in accordance with section 67 or section 139 of the Extradition Act 2003 ”.

Welsh Language Act 1993

1 amendment · open Act

  1. Section 231 insertion

    23 Welsh Language Act 1993

    1 Section 23 of the Welsh Language Act 1993 (oaths and affirmations) is amended as follows.
    2 That section becomes subsection (1) of section 23.
    3 In that subsection after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales,".
    4 After that subsection insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Local Government (Wales) Act 1994

2 amendments · open Act

  1. Section 551 change, 1 insertion

    55 Local Government (Wales) Act 1994

    1 Section 55 of the Local Government (Wales) Act 1994 (magistrates' courts, justices of the peace etc) is amended as follows.
    2 In subsection (1)— after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,"; for "he thinks necessary or expedient" substitute "the Lord Chancellor thinks necessary or expedient, after consulting the Lord Chief Justice,".
    3 In subsection (3)— after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,"; for "appears to him expedient" substitute "appears to the Lord Chancellor to be expedient, after consulting the Lord Chief Justice,".
  2. Section 109(4)

    109 Local Government (Wales) Act 1994

    After subsection (5) insert—6 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Value Added Tax Act 1994

2 amendments · open Act

  1. Section 86

    86 Value Added Tax Act 1994

    In section 86 (appeals to the Court of Appeal), after subsection (2) insert—2A Before making an order under this section that relates to England and Wales, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.2B Before making an order under this section that relates to Northern Ireland, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.2C The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.2D The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).
  2. Section 109(4)1 change, 1 insertion

    109 Value Added Tax Act 1994

    1 Schedule 12 (constitution and procedure of VAT tribunals) is amended as follows.
    2 In paragraph 3 (tenure of office of President)— after sub-paragraph (5) insert— The Lord Chancellor may remove a person from office under sub-paragraph (4), or nominate a person under sub-paragraph (5), only with the concurrence of all of the following— the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland.; after sub-paragraph (8) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5). 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 his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (5A) in relation to the nomination of a person under sub-paragraph (5)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    3 In paragraph 4— that paragraph becomes sub-paragraph (1) of paragraph 4; after that sub-paragraph insert— The powers of the Lord Chancellor under sub-paragraph (1) may be exercised— in relation to England and Wales only after consulting the Lord Chief Justice of England and Wales; in relation to Northern Ireland only after consulting the Lord Chief Justice of Northern Ireland. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    4 In paragraph 7 (membership of panels)— in sub-paragraph (3)(c) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor"; for sub-paragraph (7) substitute— The Lord Chancellor may, with the concurrence of the Lord Chief Justice of England and Wales, remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(a). The Lord President of the Court of Session may remove from office on the ground of incapacity or misbehaviour a chairman of VAT Tribunals appointed under sub-paragraph (3)(b).

Trade Marks Act 1994

2 amendments · open Act

  1. Section 691 change

    69 Trade Marks Act 1994

    In the Trade Marks Act 1994 in section 69 (evidence before registrar) for "Supreme Court" substitute "Senior Courts or of the Court of Judicature".
  2. Section 77

    77 Trade Marks Act 1994

    In section 77 of the Trade Marks Act 1994 (persons appointed to hear and determine appeals), after subsection (4) insert—5 The Lord Chancellor may remove a person from office under subsection (3)(c) only with the concurrence of the appropriate senior judge.6 The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—a the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, orb the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.

Merchant Shipping Act 1995

1 amendment · open Act

  1. Section 297

    297 Merchant Shipping Act 1995

    In section 297 of the Merchant Shipping Act 1995 (wreck commissioners), after subsection (3) insert—3A The Lord Chancellor may remove a wreck commissioner from office only with the concurrence of—a the Lord Chief Justice of England and Wales, orb if the commissioner was appointed to act in Northern Ireland, the Lord Chief Justice of Northern Ireland.

Reserve Forces Act 1996

4 amendments · open Act

  1. Section 90

    90 Reserve Forces Act 1996

    In section 90 (appointment of panel of chairmen), after subsection (1) insert—1A The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.
  2. Section 91

    91 Reserve Forces Act 1996

    In section 91 (appointment of panel of ordinary members), after subsection (2) insert—2A The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.
  3. Section 921 change

    92 Reserve Forces Act 1996

    1 Section 92 (membership of tribunals etc) is amended as follows.
    2 In subsection (1) for "by the Lord Chancellor" substitute "in accordance with subsection (2)".
    3 For subsections (2) and (3) substitute— The chairman and other members are to be selected as follows— in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session; in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor. Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters. The officer is to be appointed as follows— in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session; in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.
  4. Section 92

    92 Reserve Forces Act 1996

    After section 92 insert—92A Sections 90 to 92: supplementary1 In sections 90 and 91 “appropriate senior judge”, in relation to the appointment of a person to be a member of a panel, means—a if the person is to be appointed to exercise functions wholly or mainly in relation to England and Wales, the Lord Chief Justice of England and Wales;b if the person is to be appointed to exercise functions wholly or mainly in relation to Scotland, the Lord President of the Court of Session;c if the person is to be appointed to exercise functions wholly or mainly in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.2 The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under sections 90 to 92.3 The Lord President of the Court of Session may nominate a judge 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 sections 90 to 92.4 The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under sections 90 to 92—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).

Employment Tribunals Act 1996

4 amendments · open Act

  1. Section 221 change, 1 insertion, 1 deletion

    22 Employment Tribunals Act 1996

    1 Section 22 (membership of appeal tribunal) is amended as follows.
    2 In subsection (1)(a)— for "by the Lord Chancellor" substitute "by the Lord Chief Justice, after consulting the Lord Chancellor,"; omit "(other than the Lord Chancellor)".
    3 In subsection (3) for "Lord Chancellor shall, after consultation with the Lord President of the Court of Session," substitute "Lord Chief Justice shall".
    4 After subsection (3) insert— The Lord Chief Justice must not make an appointment under subsection (3) unless— he has consulted the Lord Chancellor, and the Lord President of the Court of Session agrees.
    5 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 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 his functions under subsection (3A)(b).
  2. Section 231 change, 1 insertion

    23 Employment Tribunals Act 1996

    1 Section 23 (temporary membership) is amended as follows.
    2 In subsection (1) for "Lord Chancellor" substitute "Lord Chief Justice".
    3 In subsection (2)(a) for "Lord Chancellor" substitute "Lord Chief Justice".
    4 After subsection (5) insert— The functions conferred on the Lord Chief Justice by the preceding provisions of this section may be exercised only after consulting the Lord Chancellor. The functions conferred on the Lord Chancellor by subsection (3) may be exercised only after consultation with the Lord Chief Justice. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  3. Section 241 change, 1 insertion

    24 Employment Tribunals Act 1996

    1 Section 24 (temporary additional judicial membership) is amended as follows.
    2 For subsection (1) substitute— This section applies if both of the following conditions are met— the Lord Chancellor thinks that it is expedient, after consulting the Lord Chief Justice, for a qualified person to be appointed to be a temporary additional judge of the Appeal Tribunal in order to facilitate in England and Wales the disposal of business in the Appeal Tribunal; the Lord Chancellor requests the Lord Chief Justice to make such an appointment. The Lord Chief Justice may, after consulting the Lord Chancellor, appoint a qualified person as mentioned in subsection (1)(a). An appointment under this section is— for such period, or on such occasions,as the Lord Chief Justice determines, after consulting the Lord Chancellor.
    3 In subsection (2) for "subsection (1)" substitute "this section".
    4 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  4. Section 25

    25 Employment Tribunals Act 1996

    In section 25 (tenure of appointed members) after subsection (4) insert—5 The Lord Chancellor may declare an appointed member's office vacant under subsection (4) only with the concurrence of the appropriate senior judge.6 The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member whose office is to be declared vacant exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.

Arbitration Act 1996

2 amendments · open Act

  1. 1 change

    Amend. Arbitration Act 1996

    In the Arbitration Act 1996, in Schedule 2 (modifications of Part 1 in relation to judge-arbitrators) in paragraph 2(2) for "House of Lords" substitute "Supreme Court".
  2. Section 105

    105 Arbitration Act 1996

    In section 105 of the Arbitration Act 1996 (jurisdiction of High Court and county court), after subsection (3) insert—3A The Lord Chancellor must consult the Lord Chief Justice of England and Wales or the Lord Chief Justice of Northern Ireland (as the case may be) before making an order under this section.3B The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.3C The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).

Family Law Act 1996

2 amendments · open Act

  1. Amend. Family Law Act 1996

    253F329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Amend. Family Law Act 1996

    254F330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defamation Act 1996

1 amendment · open Act

  1. Section 9

    9 Defamation Act 1996

    In section 9 of the Defamation Act 1996 (meaning of summary relief), after subsection (2) insert—2A The Lord Chancellor must consult the Lord Chief Justice of England and Wales before making any order under subsection (1)(c) in relation to England and Wales.2B The Lord Chancellor must consult the Lord Chief Justice of Northern Ireland before making any order under subsection (1)(c) in relation to Northern Ireland.2C The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.2D The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).

Housing Act 1996

2 amendments · open Act

  1. Section 138

    138 Housing Act 1996

    In section 138 (introductory tenancies: jurisdiction of county court), omit subsections (4) to (6) (rules and directions).
  2. Section 143N

    143N Housing Act 1996

    In section 143N (demoted tenancies: jurisdiction of county court), omit subsections (5) to (7) (rules and directions).

Education Act 1996

1 amendment · open Act

  1. Amend. Education Act 1996

    259F376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Procedure Act 1997

8 amendments · open Act

  1. Section 11 deletion

    1 Civil Procedure Act 1997

    In section 1 (civil procedure rules), in subsection (3) (as amended by section 82 of the Courts Act 2003) omit "or alter".
  2. Section 21 change, 1 insertion

    2 Civil Procedure Act 1997

    1 Section 2 (Civil Procedure Rule Committee) is amended as follows.
    2 For subsection (1) substitute— Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons— the Head of Civil Justice; the Deputy Head of Civil Justice (if there is one); the persons currently appointed in accordance with subsections (1A) and (1B). The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2). The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2).
    3 In subsection (2) for "The Lord Chancellor must appoint" substitute "The persons to be appointed in accordance with subsections (1A) and (1B) are".
    4 For subsection (3) substitute— Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor.
    5 In subsection (4) for "under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult" substitute "in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult".
    6 After subsection (8) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  3. Section 2

    2 Civil Procedure Act 1997

    1 Section 2 of the Civil Procedure Act 1997 (Civil Procedure Rule Committee) is amended as follows.
    2 After subsection (8) insert— If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so.
    3 In relation to the enactment referred to in this paragraph, the original amending provision is section 85(1) of the Courts Act 2003 (c. 39).
  4. Section 2A

    2A Civil Procedure Act 1997

    1 Section 2A (power to change certain requirements relating to Committee) is amended as follows.
    2 In subsection (1) for paragraph (a) substitute— amend section 2(2), (3) or (4), and.
    3 For subsection (2) substitute— The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. Before making an order under this section the Lord Chancellor must consult the following persons— the Head of Civil Justice; the Deputy Head of Civil Justice (if there is one). The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  5. Section 31 change, 1 deletion

    3 Civil Procedure Act 1997

    1 Section 3 (process for making Civil Procedure rules) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.
    2 For subsections (3) and (4) substitute— The Lord Chancellor may allow or disallow Rules so made. If the Lord Chancellor disallows Rules, he must give the Committee written reasons for doing so.
    3 In subsection (5) for ", as allowed or altered" substitute "and allowed".
    4 In subsection (6) omit "Subject to subsection (7),".
    5 Omit subsection (7).
  6. Section 3

    3 Civil Procedure Act 1997

    After section 3 insert—3A Rules to be made if required by Lord Chancellor1 This section applies if the Lord Chancellor gives the Civil Procedure Rules Committee written notice that he thinks it is expedient for Civil Procedure Rules to include provision that would achieve a purpose specified in the notice.2 The Committee must make such Rules as it considers necessary to achieve the specified purpose.3 Those rules must be—a made within a reasonable period after the Lord Chancellor gives notice to the Committee;b made in accordance with section 3.
  7. Section 41 insertion

    4 Civil Procedure Act 1997

    1 Section 4 (power to make consequential amendments) (as amended by section 85 of the Courts Act 2003 (c. 39)) is amended as follows.
    2 In subsections (1) and (2) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".
    3 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).
  8. Section 6

    6 Civil Procedure Act 1997

    1 Section 6 (Civil Justice Council) is amended as follows.
    2 After subsection (2) insert— The Lord Chancellor must decide the following questions, after consulting the Lord Chief Justice— how many members of the Council are to be drawn from each of the groups mentioned in subsection (2); how many other members the Council is to have. It is for— the Lord Chief Justice to appoint members of the judiciary to the Council, after consulting the Lord Chancellor; the Lord Chancellor to appoint other persons to the Council.
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Plant Varieties Act 1997

1 amendment · open Act

  1. 1 change, 1 insertion

    Amend. Plant Varieties Act 1997

    1 Schedule 3 to the Plant Varieties Act 1997 (Plant Varieties and Seeds Tribunal) is amended as follows.
    2 In paragraph 4 (chairman of the Tribunal for proceedings in Northern Ireland), in sub-paragraph (1) for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".
    3 In paragraph 5 (duration of appointment)— in sub-paragraph (5) for "paragraph 2, 3 or 4" substitute "paragraph 2 or 3"; after sub-paragraph (5) insert— Where the appointing authority is the Lord Chancellor, the power conferred by sub-paragraph (5) may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.
    4 In paragraph 7 (the panels), in sub-paragraph (2) for the words in brackets substitute “ (which makes it necessary to obtain the concurrence of the Lord Chancellor and certain judicial office holders to dismissals in certain cases) ”.
    5 In paragraph 16 (interpretation), in paragraph (c) of the definition of “appointing authority” for "Lord Chief Justice of Northern Ireland" substitute "Lord Chancellor".

Social Security Act 1998

4 amendments · open Act

  1. 1 insertion

    Amend. Social Security Act 1998

    In Schedule 1 (Appeal Tribunals: supplementary provisions), in paragraph 1(3) (tenure of office) after "by the Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice and the Lord President of the Court of Session,".

  2. Amend. Social Security Act 1998

    In Schedule 4 (Social Security Commissioners), in paragraph 5 (removal) after sub-paragraph (1) insert— 1AThe Lord Chancellor may remove a person under sub-paragraph (1) only with the concurrence of the appropriate senior judge. 1BThe appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
  3. Section 61 insertion

    6 Social Security Act 1998

    1 Section 6 (panel for appointment to appeal tribunals) is amended as follows.
    2 In subsection (2) for the words from “such” to the end substitute “ persons appointed by the Lord Chancellor ”.
    3 After subsection (3) insert— As part of the selection process for the appointment of a medical practitioner as a member of the panel, the Judicial Appointments Commission shall consult the Chief Medical Officer.
    4 In subsection (5) after "misbehaviour" insert "; but the Lord Chancellor may remove such a person only with the concurrence of the appropriate senior judge".
    5 After subsection (5) insert— The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session.
  4. Section 271 change

    27 Social Security Act 1998

    In the Social Security Act 1998, in section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7) in the definition of “the court” for "House of Lords" substitute "Supreme Court".

Data Protection Act 1998

2 amendments · open Act

  1. Amend. Data Protection Act 1998

    275F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  2. Section 109(4)

    109 Data Protection Act 1998

    1 Paragraph 3 of Schedule 6 to the Data Protection Act 1998 (constitution of Tribunal in national security cases) is amended as follows.
    2 That paragraph becomes sub-paragraph (1) of paragraph 3.
    3 After that sub-paragraph insert— The Lord Chancellor may designate a person to preside under this paragraph only with the concurrence of all of the following— the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. 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 his functions under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    4 In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 2 of Schedule 4 to the Freedom of Information Act 2000 (c. 36).

Human Rights Act 1998

2 amendments · open Act

  1. Section 4

    4 Human Rights Act 1998

    1 The Human Rights Act 1998 is amended as follows.
    2 In section 4 (declaration of incompatibility) in subsection (5) for paragraph (a) substitute— the Supreme Court;.
    3 In section 5 (right of Crown to intervene) in subsections (4) and (5) for “House of Lords” in each case substitute “ Supreme Court ”.
    4 In section 6 (acts of public authorities) omit subsection (4).
  2. Section 18

    18 Human Rights Act 1998

    In section 18 of the Human Rights Act 1998 (appointment to ECHR), after subsection (7) insert—7A The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)—a before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales;b before making the order, that person must consult the Lord Chief Justice of England and Wales.7B The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)—a before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland;b before making the order, that person must consult the Lord Chief Justice of Northern Ireland.7C The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.7D The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—a the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;b a Lord Justice of Appeal (as defined in section 88 of that Act).

Local Government Act 2000

1 amendment · open Act

  1. Amend. Local Government Act 2000

    291F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postal Services Act 2000

1 amendment · open Act

  1. 1 change

    Amend. Postal Services Act 2000

    1 Schedule 3 to the Postal Services Act 2000 (transfer to the Post Office Company: supplementary provisions) is amended as follows.
    2 In paragraph 6 (third party rights relating to land), in sub-paragraph (5)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland".
    3 In paragraph 7 (other third party property rights), in sub-paragraph (3)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland".

International Criminal Court Act 2001

2 amendments · open Act

  1. Section 9

    9 International Criminal Court Act 2001

    In the International Criminal Court Act 2001, in section 9 (appeal against refusal of delivery order: England and Wales) for “House of Lords” in each place substitute “ Supreme Court ”.
  2. Section 261 change, 1 insertion

    26 International Criminal Court Act 2001

    Section 26 of the International Criminal Court Act 2001 (definitions) is amended as follows—a that section becomes subsection (1) of section 26;b in that subsection for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor";c after that subsection insert—2 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Anti-terrorism, Crime and Security Act 2001

2 amendments · open Act

  1. 1 change

    Amend. Anti-terrorism, Crime and Security Act 2001

    In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (the Pathogens Access Appeal Commission), in paragraph 4(3)(b) for "the Appellate Jurisdiction Act 1876 (c. 59));" substitute "Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council;".
  2. Section 109(4)

    109 Anti-terrorism, Crime and Security Act 2001

    1 In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (Pathogens Access Appeal Commission), paragraph 4 (sittings) is amended as follows.
    2 In sub-paragraph (1) after “direct” insertafter consulting the following— the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland.
    3 After sub-paragraph (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (1). 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 his functions under sub-paragraph (1). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (1)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Land Registration Act 2002

2 amendments · open Act

  1. 1 insertion

    Amend. Land Registration Act 2002

    In Schedule 9 (the Adjudicator), in paragraph 1 (holding of office), in sub-paragraph (2) after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,".
  2. Section 1271 change, 1 insertion

    127 Land Registration Act 2002

    1 Section 127 (exercise of powers) is amended as follows.
    2 In subsection (2)(a) for "Lord Chancellor" substitute "Lord Chief Justice, or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him, after consulting the Lord Chancellor".
    3 In subsection (2)(h) after "consumer affairs" insert "nominated by the Lord Chancellor".

Maintenance Orders Act 1950

2 amendments · open Act

  1. Section 17(3)(a)1 change

    17 Maintenance Orders Act 1950

    1 The Maintenance Orders Act 1950 is amended as follows.
    2 In section 17(3)(a) for "Supreme Court of Judicature in England" substitute "Senior Courts" and for "Supreme Court of Judicature of Northern Ireland" substitute "Court of Judicature".
    3 In section 18(1B) for "Supreme Court in England or Northern Ireland" substitute "Senior Courts or the Court of Judicature".
  2. Section 25(1)1 change

    25 Maintenance Orders Act 1950

    1 In section 25(1) of the Maintenance Orders Act 1950 (power to make rules about procedure under section 144 of the Magistrates' Court Act 1980), for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".
    2 In relation to the enactment referred to in this paragraph, the original amending provision is paragraph 91(2) of Schedule 8 to the Courts Act 2003.

Restrictive Practices Court Act 1976

6 amendments · open Act

  1. Section 1

    1 Restrictive Practices Court Act 1976

    1 In section 1 (the Court), after subsection (3) insert— The Lord Chancellor may select a person under subsection (3) only with the concurrence of all of the following— the Lord Chief Justice of England and Wales; the Lord President of the Court of Session; the Lord Chief Justice of Northern Ireland. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    2 In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
  2. Section 21 change, 1 insertion

    2 Restrictive Practices Court Act 1976

    1 Section 2 (judges of the Court) is amended as follows.
    2 In subsections (1)(a) and (3) for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".
    3 After subsection (4) insert— The functions conferred on the Lord Chief Justice of England and Wales or on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor. The functions conferred on the Lord Chief Justice of Northern Ireland by this section may be exercised only after consulting the Lord Chancellor. The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    4 In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).
  3. Section 3

    3 Restrictive Practices Court Act 1976

    1 Section 3 (non-judicial members) is amended as follows.
    2 After subsection (3) insert— The Lord Chancellor may exercise his functions under subsection (2)(b) only with the concurrence of the appropriate senior judge. The appropriate senior judge is the Lord Chief Justice of England and Wales, unless— the member to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.
    3 In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
  4. Section 41 insertion

    4 Restrictive Practices Court Act 1976

    1 Section 4 (provision for additional judges or members) is amended as follows.
    2 In subsection (1), in paragraph (a) after "consultation with" insert "the Lord Chief Justice of England and Wales,".
    3 After subsection (2) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. 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 his functions under this section. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    4 In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
  5. Section 61 insertion

    6 Restrictive Practices Court Act 1976

    1 Section 6 (administration) is amended as follows.
    2 In subsection (5) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice of England and Wales,".
    3 After subsection (6) insert— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
    4 In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998.
  6. Section 91 change

    9 Restrictive Practices Court Act 1976

    1 In section 9 (procedure), in subsection (1) for "Lord Chancellor" substitute "president of the Court with the concurrence of the Lord Chancellor".
    2 In relation to the enactment referred to in this paragraph, the original amending provision is section 1 of the Competition Act 1998 (c. 41).

Railways Act 1993

2 amendments · open Act

  1. Section 911 change

    91 Railways Act 1993

    1 In section 91 (transfer schemes: general), in subsection (7)(c) for "Lord Chancellor" substitute "Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland".
    2 In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000 (c. 38).
  2. Section 2741 change

    274 Railways Act 1993

    1 Schedule 8 (transfers by transfer scheme) is amended as follows.
    2 In paragraph 14 (third parties affected by vesting provisions), in sub-paragraph (5)(c) for "Lord Chancellor" substitute "Chairman for the time being of the Royal Institution of Chartered Surveyors in Northern Ireland".
    3 In relation to the enactment referred to in this paragraph, the original amending provision is section 274 of, and Schedule 31 to, the Transport Act 2000.

Justices of the Peace Act 1997

21 amendments · open Act

  1. Section 11 change, 1 insertion

    1 Justices of the Peace Act 1997

    1 Section 1 (Commission areas) is amended as follows.
    2 In subsection (2) for "by the Lord Chancellor by order made by statutory instrument" substitute "by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument".
    3 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  2. Section 41 change, 1 insertion

    4 Justices of the Peace Act 1997

    1 Section 4 (petty sessions areas) is amended as follows.
    2 In subsection (2) for "by the Lord Chancellor by order made by statutory instrument" substitute "by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument".
    3 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  3. Section 51 change

    5 Justices of the Peace Act 1997

    In section 5 (appointment and removal of justices of the peace), in subsection (1) for "in like manner" substitute "by the Lord Chancellor with the concurrence of the Lord Chief Justice".
  4. Section 61 change, 1 insertion

    6 Justices of the Peace Act 1997

    1 Section 6 (residence qualification) is amended as follows.
    2 In subsection (3) for "Lord Chancellor is" substitute "Lord Chancellor and the Lord Chief Justice are both".
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  5. Section 6(4)

    6 Justices of the Peace Act 1997

    1 The Justices of the Peace Act 1997 is amended as follows.
    2 In relation to the enactments in that Act referred to below, the original amending provision is section 6(4) of the Courts Act 2003.
  6. Section 71 change, 1 insertion

    7 Justices of the Peace Act 1997

    In section 7 (supplemental list for England and Wales), in subsection (4)—a after "Lord Chancellor may" insert ", with the concurrence of the Lord Chief Justice,";b for "Lord Chancellor is" substitute "Lord Chancellor and the Lord Chief Justice are both".
  7. Section 7(2)1 insertion, 1 deletion

    7 Justices of the Peace Act 1997

    In section 7(2) of the Justices of the Peace Act 1997 (the supplemental list)—a in paragraph (a) omit "within the meaning of the Appellate Jurisdiction Act 1876", andb after paragraph (b) insert "; and in this subsection “.high judicial office" means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council. ”
  8. Section 81 insertion

    8 Justices of the Peace Act 1997

    In section 8 (removal of name from supplemental list), in subsection (1) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".
  9. Section 91 change, 1 insertion

    9 Justices of the Peace Act 1997

    1 Section 9 (effect of entry of name in supplemental list) is amended as follows.
    2 In subsection (3) for "by the Lord Chancellor" substitute "by the Lord Chief Justice".
    3 After subsection (4) insert— The Lord Chief Justice may not give an authorisation under subsection (3) unless the Lord Chancellor concurs. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).
  10. Section 10A1 insertion

    10A Justices of the Peace Act 1997

    In section 10A (appointment and tenure), in subsection (3) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".
  11. Section 10B1 insertion

    10B Justices of the Peace Act 1997

    In section 10B (deputies), in subsection (2) after "Lord Chancellor" insert ", with the concurrence of the Lord Chief Justice,".
  12. Section 10C1 change, 1 insertion

    10C Justices of the Peace Act 1997

    1 Section 10C (status) is amended as follows.
    2 In subsection (3) for "given by the Lord Chancellor from time to time" substitute "given by the Lord Chief Justice from time to time after consulting the Lord Chancellor".
    3 After subsection (4) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  13. Section 241 deletion

    24 Justices of the Peace Act 1997

    1 Section 24 (rules as to chairmanship and size of bench) is amended as follows.
    2 In subsection (5) omit "by the Lord Chancellor".
    3 After subsection (5) insert— Rules under this section that relate to the matters referred to in any of paragraphs (c) to (e) of subsection (2) are to be made by the Lord Chief Justice after consulting the Lord Chancellor. Any other rules under this section are to be made by the Lord Chancellor after consulting the Lord Chief Justice. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  14. Section 25

    25 Justices of the Peace Act 1997

    In section 25 (records of justices of the peace) after subsection (4) insert—5 The Lord Chancellor must consult the Lord Chief Justice before—a designating a justice under subsection (1), orb giving a direction under subsection (2).6 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  15. Section 261 insertion

    26 Justices of the Peace Act 1997

    1 Section 26 (Greater Manchester, Merseyside and Lancashire) is amended as follows.
    2 In subsection (2)— in paragraph (a) after "Lord Chancellor" insert "or the Lord Chief Justice"; in paragraph (b)— after “Lord Chancellor” in the first place insert "or the Lord Chief Justice"; for “the Lord Chancellor” in the second place substitute “ that person, or those persons, ”.
    3 In subsection (3)— in paragraph (a) after "Lord Chancellor" insert "or the Lord Chief Justice"; in paragraph (b)— after “Lord Chancellor” in the first place insert "or the Lord Chief Justice"; for “the Lord Chancellor” in the second place substitute “ that person, or those persons, ”.
    4 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  16. Section 27A1 change, 1 insertion

    27A Justices of the Peace Act 1997

    1 Section 27A (magistrates' courts committees) is amended as follows.
    2 In subsection (2) for "by the Lord Chancellor by order made by statutory instrument" substitute "by order made by the Lord Chancellor, after consulting the Lord Chief Justice, by statutory instrument".
    3 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  17. Section 27B

    27B Justices of the Peace Act 1997

    1 Section 27B (alteration of committee areas) is amended as follows.
    2 In subsection (4) before paragraph (a) insert— the Lord Chief Justice;.
    3 After subsection (10) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  18. Section 331 insertion

    33 Justices of the Peace Act 1997

    1 Section 33 (alteration of petty sessions areas) is amended as follows.
    2 In subsection (2) after “Lord Chancellor” in the first place insert "after he has consulted the Lord Chief Justice".
    3 In subsection (3)— in paragraph (a) after "Lord Chancellor thinks fit" insert "after consulting the Lord Chief Justice"; for paragraph (b) substitute— a magistrates' court committee fail to comply within six months with a direction under subsection (2); the Lord Chancellor is, after consulting the Lord Chief Justice, dissatisfied with the draft order or report submitted in pursuance of such a direction; or.
    4 After subsection (3) insert— The Lord Chancellor may only make an order to which subsection (3) applies after consulting the Lord Chief Justice.
    5 In subsection (4) after "appear to the Lord Chancellor" insert ", after consulting the Lord Chief Justice,".
    6 After subsection (5) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  19. Section 53A1 insertion

    53A Justices of the Peace Act 1997

    1 Section 53A (costs in legal proceedings) is amended as follows.
    2 In subsection (4) after "Lord Chancellor may" insert ", after consulting the Lord Chief Justice,".
    3 After subsection (6) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
  20. Section 541 change, 1 insertion

    54 Justices of the Peace Act 1997

    1 Section 54 (indemnification of justices and justices' clerks) is amended as follows.
    2 In subsection (6) for "by the Lord Chancellor" substitute "by the Lord Chief Justice after consulting the Lord Chancellor".
    3 After subsection (9) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (6).
  21. Section 641 change, 1 insertion

    64 Justices of the Peace Act 1997

    1 Section 64 (training courses) is amended as follows.
    2 In subsection (1) for "by the Lord Chancellor" substitute "by the Lord Chief Justice after consulting the Lord Chancellor".
    3 After subsection (3) insert— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).

Nautical Assessors (Scotland) Act 1894

1 amendment · open Act

  1. Section 61 change

    6 Nautical Assessors (Scotland) Act 1894

    In section 6 of the Nautical Assessors (Scotland) Act 1894 (calling in nautical assessors to assist) —a in the sidenote, for "House of Lords" substitute "Supreme Court";b for “House of Lords” in the first place substitute “ Supreme Court ”; andc for "Orders made by the House of Lords" substitute "Supreme Court Rules".

Administration of Justice (Appeals) Act 1934

1 amendment · open Act

  1. Section 1

    1 Administration of Justice (Appeals) Act 1934

    In the Administration of Justice (Appeals) Act 1934, omit section 1 (restrictions on appeal from Court of Appeal).

National Health Service (Amendment) Act 1949

1 amendment · open Act

  1. Section 9

    9 National Health Service (Amendment) Act 1949

    In the National Health Service (Amendment) Act 1949, in section 9 (application of Part 1 to Scotland) in the substituted section 7(9) of the Act, as inserted by subsection (4), for “House of Lords” in each place substitute “ Supreme Court ”.

Miners' Welfare Act 1952

1 amendment · open Act

  1. Section 171 change

    17 Miners' Welfare Act 1952

    In the Miners' Welfare Act 1952, in section 17 (application to Scotland) in subsection (3) for "House of Lords" substitute "Supreme Court".

Army Act 1955

1 amendment · open Act

  1. Section 113C1 change

    113C Army Act 1955

    In the Army Act 1955, in section 113C (review of sentences by Courts-Martial Appeal Court)—a in subsection (4)—i for "House of Lords for their opinion" substitute "Supreme Court for its opinion";ii for "the House shall consider the point and give their opinion" substitute "the Supreme Court shall consider the point and give its opinion";iii for the words from “deal with it themselves” to the end of the subsection substitute “ itself deal with the case. ”;b in subsection (5) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”;c in subsections (6) and (7) for “House of Lords” in each place substitute “ Supreme Court ”.

Administration of Justice Act 1956

1 amendment · open Act

  1. 1 change

    Amend. Administration of Justice Act 1956

    In the Administration of Justice Act 1956, in Schedule 1 (provisions applicable to Northern Ireland) in paragraph 4A for "House of Lords" substitute "Supreme Court".

Geneva Conventions Act 1957

1 amendment · open Act

  1. Section 41 change

    4 Geneva Conventions Act 1957

    In the Geneva Conventions Act 1957, in section 4 (appeals by protected persons) in subsection (1A) for "House of Lords" substitute "Supreme Court".

Naval Discipline Act 1957

1 amendment · open Act

  1. Section 71AC1 change

    71AC Naval Discipline Act 1957

    In the Naval Discipline Act 1957, in section 71AC (review of sentences by Courts-Martial Appeal Court)—a in subsection (4)—i for "House of Lords for their opinion" substitute "Supreme Court for its opinion";ii for "the House shall consider the point and give their opinion" substitute "the Supreme Court shall consider the point and give its opinion";iii for the words from “deal with it themselves” to the end of the subsection substitute “ itself deal with the case. ”;b in subsection (5) for “the House of Lords” in each place and “that House” substitute “ the Supreme Court ”;c in subsections (6) and (7) for “House of Lords” in each place substitute “ Supreme Court ”.

Agricultural Marketing Act 1958

1 amendment · open Act

  1. Section 12(2)

    12 Agricultural Marketing Act 1958

    In the Agricultural Marketing Act 1958, in section 12(2) (enforcement of decision of disciplinary committee and power to state case: Scotland), in paragraph (a) for “House of Lords” in each place substitute “ Supreme Court ”.

Caravan Sites and Control of Development Act 1960

1 amendment · open Act

  1. Section 32

    32 Caravan Sites and Control of Development Act 1960

    In the Caravan Sites and Control of Development Act 1960, in section 32 (application of Part 1 to Scotland) in subsection (2) for “House of Lords” in each place substitute “ Supreme Court ”.

Backing of Warrants (Republic of Ireland) Act 1965

1 amendment · open Act

  1. Section 2A

    2A Backing of Warrants (Republic of Ireland) Act 1965

    In section 2A of the Backing of Warrants (Republic of Ireland) Act 1965 (statement of case by court) for “House of Lords” in each place substitute “ Supreme Court ”.

Commonwealth Secretariat Act 1966

1 amendment · open Act

  1. Section 1

    1 Commonwealth Secretariat Act 1966

    In the Commonwealth Secretariat Act 1966, in section 1 (the Commonwealth Secretariat, its privileges and immunities) in subsection (4)(a) for “House of Lords” in each place substitute “ Supreme Court ”.

Criminal Appeal Act 1968

1 amendment · open Act

  1. Section 301 change, 1 deletion

    30 Criminal Appeal Act 1968

    1 The Criminal Appeal Act 1968 is amended as follows.
    2 In section 30 (restitution of property) in subsection (3) for "House of Lords" substitute "Supreme Court".
    3 In section 33 (right of appeal to House of Lords)— in the sidenote and subsection (1) for "House of Lords" substitute "Supreme Court"; in subsection (2) for “the House of Lords” and “that House” substitute in each place “ the Supreme Court ”.
    4 In section 34 (application for leave to appeal)— for “House of Lords” in each place substitute “ Supreme Court ”; in subsection (1) for "decision of the Court" substitute "decision of the Court of Appeal"; in subsection (2) for "that House or the Court" substitute "the Supreme Court or the Court of Appeal".
    5 In section 35 (hearing and disposal of appeal)— omit subsections (1) and (2); in subsection (3) for "House of Lords" substitute "Supreme Court".
    6 In sections 36 and 37 (bail on appeal by defendant, and detention of defendant on appeal by the Crown) for “House of Lords” in each place substitute “ Supreme Court ”.
    7 In section 38 (presence of defendant at hearing) for “House of Lords” and “House” in each place substitute “ Supreme Court ”.
    8 In section 43 (effect of appeal on sentence) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.
    9 In Schedule 4 (procedural and other modifications for capital cases)— in the italic heading preceding paragraph 3 for "House of Lords" substitute "Supreme Court"; in paragraphs 3 and 4 for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968

1 amendment · open Act

  1. Section 41 change

    4 Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968

    In the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968, in section 4 (provisions relating to Northern Ireland), in subsection (2) for "House of Lords" substitute "Supreme Court".

Foreign Compensation Act 1969

1 amendment · open Act

  1. Section 3

    3 Foreign Compensation Act 1969

    In the Foreign Compensation Act 1969 in section 3 (determinations of the Foreign Compensation Commission and appeals against such determinations) for subsection (8) substitute—8 No appeal shall lie to the Supreme Court from a decision of the Court of Appeal on an appeal under this section.

Administration of Justice Act 1969

1 amendment · open Act

  1. Section 121 change, 1 deletion

    12 Administration of Justice Act 1969

    1 The Administration of Justice Act 1969 is amended as follows.
    2 Part 2 is renamed “Appeal from High Court to Supreme Court”.
    3 In section 12 (grant of certificate by trial judge) for “House of Lords” in each place substitute “ Supreme Court ”.
    4 In section 13 (leave to appeal to House of Lords)— in the sidenote and subsection (1) for “House of Lords” in each place substitute “ Supreme Court ”. In subsection (2) for “House of Lords” and “House” in each place substitute “ Supreme Court ”; omit subsection (4).
    5 Omit section 14 (appeal where leave granted).
    6 In section 15 (cases excluded from s 12) in subsection (2)(b) for "House of Lords" substitute "Supreme Court".

Criminal Justice Act 1972

1 amendment · open Act

  1. Section 361 change

    36 Criminal Justice Act 1972

    In the Criminal Justice Act 1972, in section 36 (reference to Court of Appeal of point of law following acquittal on indictment)—a in subsection (3) for “the House of Lords” and “that House” in each place substitute “ Supreme Court ”, and for "court that" substitute "Court of Appeal that";b in subsection (4)—i for "the House of Lords" substitute "the Supreme Court";ii for the words from “the House shall consider the point” to the end of the subsection, substitute “ the Supreme Court shall consider the point and give its opinion on it accordingly. ”;c in subsection (5) for "House of Lords" substitute "Supreme Court", and for "the court or the House" substitute "the Court of Appeal or the Supreme Court".

Administration of Justice Act 1973

2 amendments · open Act

  1. Section 91 change, 1 deletion

    9 Administration of Justice Act 1973

    1 The Administration of Justice Act 1973 is amended as follows.
    2 In section 9 (judicial salaries) omit subsection (1)(a).
    3 In section 12 (retirement of higher judiciary in event of incapacity)— in subsection (1)— omit "as Lord of Appeal in Ordinary, or"; for "subsections (2) to (4)" substitute "subsection (4)"; omit subsection (2).
  2. Section 181 change

    18 Administration of Justice Act 1973

    In the Administration of Justice Act 1973, in section 18 (payment of interpreters in criminal cases) in subsection (2) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”, and for "the court" substitute "the High Court".

Litigants in Person (Costs and Expenses) Act 1975

2 amendments · open Act

  1. Section 11 change

    1 Litigants in Person (Costs and Expenses) Act 1975

    In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable) in subsection (1)(a) and in subsection (2)(a) for "House of Lords" substitute "Supreme Court".
  2. Section 11 change, 1 deletion

    1 Litigants in Person (Costs and Expenses) Act 1975

    In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or expenses recoverable)—a in subsection (1)(a) for "Supreme Court" substitute "Senior Courts, in the Court of Judicature";b in subsection (5), omit“ “the Supreme Court””.

Estate Agents Act 1979

1 amendment · open Act

  1. Amend. Estate Agents Act 1979

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F46

Solicitors (Scotland) Act 1980

1 amendment · open Act

  1. Section 20(2)(a)1 change, 1 deletion

    20 Solicitors (Scotland) Act 1980

    1 The Solicitors (Scotland) Act 1980 is amended as follows.
    2 In section 20(2)(a) (duty of Council of Law Society of Scotland to supply lists of solicitors holding practising certificates), for sub-paragraph (ii) substitute— the Supreme Court;.
    3 In section 25A (rights of audience)— in the sidenote and in each of subsections (1)(a) and (4), for "House of Lords" substitute "Supreme Court"; and in subsection (4) omit the words “and the Judicial Committee of the Privy Council” where they last occur.

Criminal Appeal (Northern Ireland) Act 1980

1 amendment · open Act

  1. Section 311 change, 1 deletion

    31 Criminal Appeal (Northern Ireland) Act 1980

    1 The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.
    2 In section 31 (right of appeal to House of Lords)— in subsection (1) for "House of Lords" substitute "Supreme Court"; in subsection (2) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.
    3 In section 32 (application for leave to appeal) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”.
    4 In section 33 (hearing and disposal of appeal)— omit subsections (1) and (2); in subsection (3) for "House of Lords" substitute "Supreme Court".
    5 In section 34 (further reference to House of Lords)— in the sidenote, for "House of Lords" substitute "Supreme Court"; in subsection (1) for “the House of Lords” and “that House” substitute “ the Supreme Court ”; in subsection (2)— for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”; for "the House's" substitute "the Supreme Court's"; in subsection (3)— for “the House of Lords” in the first place and “the House” substitute “ the Supreme Court ”; for the words from “by such officer” to “House of Lords” substitute “ under Supreme Court Rules ”.
    6 In section 36 (detention of defendant pending appeal by Crown) for “House of Lords” in each place substitute “ Supreme Court ”.
    7 In section 37 (legal aid), in subsection (3) for the words from “by the House of Lords” to “order of that House” substitute “ under Supreme Court Rules ”.
    8 In section 38 (presence of defendant at hearing)— for "an order of the House of Lords" substitute "Supreme Court Rules"; for "that House" substitute "the Supreme Court".
    9 In section 39 (computation of sentence) in subsection (2) for "House of Lords" substitute "Supreme Court".
    10 In section 40 (restitution of property) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”.
    11 In section 41 (costs) for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.
    12 In section 42 (taxation of costs)— in subsection (2)— for “the House of Lords” in the first place substitute “ the Supreme Court ”; for the words from “by such officer” to “House of Lords” substitute “ under Supreme Court Rules ”; in subsection (3) for "the House of Lords" substitute "the Supreme Court".
    13 In Schedule 3 (procedural and other modifications for capital cases) in paragraph 3 and in the italic heading preceding that paragraph for "House of Lords" substitute "Supreme Court".

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

1 amendment · open Act

  1. Amend. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

    In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group A of Part 1, for paragraph (a) substitute—a Justices of the Supreme Court or the President or Deputy President of that Court;.

Contempt of Court Act 1981

1 amendment · open Act

  1. Section 161 change, 1 deletion

    16 Contempt of Court Act 1981

    1 The Contempt of Court Act 1981 is amended as follows.
    2 In section 16 (enforcement of fines imposed by certain superior courts) in subsection (4) for "House of Lords" substitute "Supreme Court".
    3 In section 19 (interpretation) in the definition of “Scottish proceedings” for "House of Lords" substitute "Supreme Court", and in the definition of “superior court” after “means”, insert "the Supreme Court", and omit the words from “and includes” to the end.

Civil Jurisdiction and Judgments Act 1982

2 amendments · open Act

  1. Section 6

    6 Civil Jurisdiction and Judgments Act 1982

    In the Civil Jurisdiction and Judgments Act 1982, in section 6 (appeals under the Lugano Convention)—a in subsection (1)(a) for “House of Lords” in each place substitute “ Supreme Court ”;b in subsection (2) for “the House of Lords” and “that House” substitute “ the Supreme Court ”.
  2. Section 50

    50 Civil Jurisdiction and Judgments Act 1982

    In the Civil Jurisdiction and Judgments Act 1982, in section 50 (interpretation) in the definition of “court of law” for paragraph (a) substitute—a the Supreme Court,.

Mental Health (Scotland) Act 1984

1 amendment · open Act

  1. Section 66A(4)

    66A Mental Health (Scotland) Act 1984

    In section 66A(4) of the Mental Health (Scotland) Act 1984 (appeal to Court of Session against certain decisions of sheriff), for “House of Lords” in each place substitute “ Supreme Court ”.

Prosecution of Offences Act 1985

1 amendment · open Act

  1. Section 31 change

    3 Prosecution of Offences Act 1985

    1 The Prosecution of Offences Act 1985 is amended as follows.
    2 In section 3 (functions of the Director), in subsection (2)(f)(ii) for "House of Lords" substitute "Supreme Court".
    3 In sections 16(5), 17(1)(b), and 18(2)(b) (payment of prosecution costs, defendant's costs orders, and award of costs on dismissal of appeal or application) for “House of Lords” in each place substitute “ Supreme Court ”.
    4 In section 20 (regulations) at subsection (8)(b) for "House of Lords" substitute "Supreme Court".

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

1 amendment · open Act

  1. Section 22(1)

    22 Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

    In section 22(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (re-employment of retired judges)—a after paragraph (a) insert—aa has held office as a Justice of the Supreme Court or as President or Deputy President of that Court and who, at the time of being appointed to the office in question, was eligible for appointment as a judge in the Court of Session;; andb omit the words “, in either case,”.

Legal Aid (Scotland) Act 1986

2 amendments · open Act

  1. 1 change

    Amend. Legal Aid (Scotland) Act 1986

    In the Legal Aid (Scotland) Act 1986, in Part 1 of Schedule 2 (courts in which civil legal aid is available), for "House of Lords" substitute "Supreme Court".
  2. Section 21(1)(c)1 change

    21 Legal Aid (Scotland) Act 1986

    1 The Legal Aid (Scotland) Act 1986 is amended as follows.
    2 In section 21(1)(c) (scope and nature of criminal legal aid), for "Judicial Committee of the Privy Council" substitute "Supreme Court".
    3 In section 25AB (legal aid in references, appeals or applications for special leave to appeal), in the sidenote and in subsection (1), for "Judicial Committee of the Privy Council" substitute "Supreme Court".
    4 In Part 1 of Schedule 2 (courts in which civil legal aid is available), in paragraph 1 for "Judicial Committee of the Privy Council" substitute "Supreme Court".

Income and Corporation Taxes Act 1988

2 amendments · open Act

  1. Amend. Income and Corporation Taxes Act 1988

    29F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  2. Section 705A1 change

    705A Income and Corporation Taxes Act 1988

    1 The Income and Corporation Taxes Act 1988 is amended as follows.
    2 In section 705A (statement of case by tribunal)— in subsection (8) for “House of Lords” in each place substitute “ Supreme Court ”; in subsection (9— for "House of Lords" substitute "Supreme Court"; for the words from “unless leave has been given” to the end of the subsection substitute “ except with the leave of the Court of Appeal or of the Supreme Court. ”; in subsection (12) for "House of Lords" substitute "Supreme Court".
    3 In section 705B (proceedings in Northern Ireland), in subsection (2) for "House of Lords" substitute "Supreme Court".

Court of Session Act 1988

1 amendment · open Act

  1. Section 241 change

    24 Court of Session Act 1988

    1 The Court of Session Act 1988 is amended as follows.
    2 In section 24 (appeals in exchequer cases), in the sidenote and in subsection (1), for "House of Lords" substitute "Supreme Court".
    3 In section 27(5) (special cases), for "House of Lords" substitute "Supreme Court".
    4 In section 32(5) (appeals from sheriff on matters of law only), for "House of Lords" substitute "Supreme Court".
    5 In the heading before section 40, for "House of Lords" substitute "Supreme Court".
    6 In section 40 (appealable interlocutors)— in subsection (1), for “House of Lords” in each place substitute “ Supreme Court ”; in subsection (2)— for “the Court” in each place substitute “ the Inner House ”; and for “House of Lords” in each place substitute “ Supreme Court ”; and in each of subsections (3) and (4), for "House of Lords" substitute "Supreme Court".
    7 In section 41 (interim possession, execution and expenses), in subsections (1) and (2), for “House of Lords” in each place substitute “ Supreme Court ”.
    8 In section 42 (order on payment of interest) and in its sidenote, for "House of Lords" substitute "Supreme Court".
    9 In section 43 (interest and expenses where appeal dismissed for want of prosecution), for "House of Lords" substitute "Supreme Court".
    10 In section 52(3) (appeals relating to estate duty), for "House of Lords" substitute "Supreme Court".

Road Traffic Offenders Act 1988

1 amendment · open Act

  1. Section 401 change

    40 Road Traffic Offenders Act 1988

    In the Road Traffic Offenders Act 1988, in section 40 (power of appellate courts in England and Wales to suspend disqualification) in subsection (3) for "House of Lords" substitute "Supreme Court".

Extradition Act 1989

1 amendment · open Act

  1. Section 10

    10 Extradition Act 1989

    In section 10 of the Extradition Act 1989 (statement of case by court) for “House of Lords” in each place substitute “ Supreme Court ”.

New Roads and Street Works Act 1991

1 amendment · open Act

  1. Section 158

    158 New Roads and Street Works Act 1991

    In the New Roads and Street Works Act 1991, in section 158 (arbitration) in subsections (2) and (3) for “House of Lords” in each place substitute “ Supreme Court ”.

Water Resources Act 1991

1 amendment · open Act

  1. Amend. Water Resources Act 1991

    In the Water Resources Act 1991, in Schedule 14 (orders transferring main river functions) in paragraph 5(3), and in Schedule 16 (schemes imposing special drainage charges) in paragraph 8(3), for “House of Lords” in each place substitute “ Supreme Court ”.

Social Security Administration (Northern Ireland) Act 1992

1 amendment · open Act

  1. Section 661 change

    66 Social Security Administration (Northern Ireland) Act 1992

    In the Social Security Administration (Northern Ireland) Act 1992, in section 66 (restrictions on entitlement to benefit in certain cases of error) in subsection (4) in the definition of “the court” for "House of Lords" substitute "Supreme Court".

Powers of Criminal Courts (Sentencing) Act 2000

1 amendment · open Act

  1. Section 140

    140 Powers of Criminal Courts (Sentencing) Act 2000

    In the Powers of Criminal Courts (Sentencing) Act 2000, in sections 132(4) and 139(9), and in subsections (4) and (5) of section 140 (compensation order on restoration of conviction, powers and duties of Crown Court in relation to fines, and enforcement of fines imposed), for “House of Lords” in each case substitute “ Supreme Court ”.

Regulation of Investigatory Powers (Scotland) Act 2000

1 amendment · open Act

  1. Section 2(2)1 change

    2 Regulation of Investigatory Powers (Scotland) Act 2000

    In section 2(2) of the Regulation of Investigatory Powers (Scotland) Act 2000 (persons appointed to be Surveillance Commissioners), for "Appellate Jurisdiction Act 1876" substitute "Constitutional Reform Act 2005".

Armed Forces Act 2001

1 amendment · open Act

  1. Section 301 change

    30 Armed Forces Act 2001

    In the Armed Forces Act 2001, in section 30 (conditional release from custody) in subsection (2)(b) for "House of Lords" substitute "Supreme Court".

Mental Health (Care and Treatment) (Scotland) Act 2003

1 amendment · open Act

  1. Section 323(2)(a)

    323 Mental Health (Care and Treatment) (Scotland) Act 2003

    In section 323(2)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (suspension of decision of Mental Health Tribunal for Scotland until expiry of time allowed to appeal), for “House of Lords” in each place substitute “ Supreme Court ”.

Criminal Procedure (Scotland) Act 1995

1 amendment · open Act

  1. Section 288B1 change

    288B Criminal Procedure (Scotland) Act 1995

    In section 288B of the Criminal Procedure (Scotland) Act 1995 (appeal against a determination of a devolution issue)—a in the sidenote and in subsection (1), for "Judicial Committee of the Privy Council" substitute "Supreme Court"; andb in subsection (3), for "Judicial Committee" substitute "Supreme Court".

Government of Wales Act 1998

6 amendments · open Act

  1. Amend. Government of Wales Act 1998

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F50

  2. Amend. Government of Wales Act 1998

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F51

  3. Amend. Government of Wales Act 1998

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F52

  4. Amend. Government of Wales Act 1998

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F53

  5. Amend. Government of Wales Act 1998

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F54

  6. Amend. Government of Wales Act 1998

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F55

Chelsea and Kilmainham Hospitals Act 1826

1 amendment · open Act

  1. Amend. Chelsea and Kilmainham Hospitals Act 1826

    1 The Chelsea and Kilmainham Hospitals Act 1826 is amended as follows.
    2 For “Supreme Court” in each place substitute “ Senior Courts ”.
    3 In sections 46, 49 and 50 for “the said court” in each place substitute “ the said courts ”.

Lands Clauses Consolidation Act 1845

1 amendment · open Act

  1. Section 3

    3 Lands Clauses Consolidation Act 1845

    1 The Lands Clauses Consolidation Act 1845 is amended as follows.
    2 For “Supreme Court” in each place, except in section 3, substitute “ Senior Courts ”.
    3 In section 3 for the definition of “Supreme Court” substitute— “ Any reference to the Senior Courts shall, where it relates to monies to be paid or deposited in respect of lands situate in Northern Ireland, be read as a reference to the Court of Judicature. ”

Defence Act 1860

1 amendment · open Act

  1. Section 231 change

    23 Defence Act 1860

    1 The Defence Act 1860 is amended as follows.
    2 In sections 21 and 22 (payment to meet consequent expenses, and payment into Supreme Court on failure to deduce title) for "Supreme Court or into the Supreme Court in Northern Ireland" substitute "Senior Courts or Court of Judicature".
    3 In section 23 (orders concerning money paid into Supreme Court)— for "Supreme Court" substitute "Senior Courts"; for "the said Court" substitute "the said Courts".

The Great Seal (Offices) Act 1874

1 amendment · open Act

  1. Section 51 change

    5 The Great Seal (Offices) Act 1874

    In the Great Seal (Offices) Act 1874, in section 5 (transfer of duties of cursitors and clerk of the petty bag)—a for "of the Supreme Court" substitute "of the Senior Courts";b for the words from “under the Supreme Court” to “amending the same” substitute “ within the meaning given in the Interpretation Act 1978 ”.

Commons Act 1876

1 amendment · open Act

  1. Section 30

    30 Commons Act 1876

    In the Commons Act 1876, in section 30 (jurisdiction of county court) for the words from “to be made by the Supreme Court” to “Supreme Court of Judicature Act 1875” substitute “ within the meaning given in the Interpretation Act 1978 ”.

Public Offices Fees Act 1879

1 amendment · open Act

  1. Section 71 change

    7 Public Offices Fees Act 1879

    In the Public Offices Fees Act 1879, in section 7 (application of Act) for "Supreme Courts of Judicature," substitute "Senior Courts, the Court of Judicature,".

Commissioners for Oaths Act 1889

1 amendment · open Act

  1. Section 11

    11 Commissioners for Oaths Act 1889

    1 The Commissioners for Oaths Act 1889 is amended as follows.
    2 For “Supreme Court” in each place, except in section 11, substitute “ Senior Courts ”.
    3 In section 11 omit the definition of “Supreme Court”.

Notice of Accidents Act 1894

1 amendment · open Act

  1. Section 3(4)1 change, 1 deletion

    3 Notice of Accidents Act 1894

    1 The Notice of Accidents Act 1894 is amended as follows.
    2 In section 3(4) for "master of the Supreme Court" substitute "Master (Taxing Office) of the Court of Judicature".
    3 Omit section 8.

Northern Ireland Act 1962

1 amendment · open Act

  1. Section 29

    29 Northern Ireland Act 1962

    In the Northern Ireland Act 1962, in section 29 (supplemental) in subsection (1) omit the definition of “the Supreme Court”.

Solicitors Act 1974

1 amendment · open Act

  1. Section 61 change

    6 Solicitors Act 1974

    1 The Solicitors Act 1974 is amended as follows.
    2 In section 6 (keeping of the roll) in subsection (1) for "Supreme Court" substitute "Senior Courts".
    3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F60
    4 In section 29 (non-British subjects as solicitors) for "of the Supreme Court or of the Supreme Court of Northern Ireland" substitute "of the Senior Courts or of the Court of Judicature".
    5 In section 50 (jurisdiction over solicitors)— in the side-note and subsection (1) for "Supreme Court" substitute "Senior Courts"; in subsection (2) for "Supreme Court was" substitute "Senior Courts were".
    6 In section 87 (interpretation) in the definitions of “contentious business”, “the roll”, and “solicitor” for "Supreme Court" substitute "Senior Courts".

Interpretation Act 1978

1 amendment · open Act

  1. Amend. Interpretation Act 1978

    In the Interpretation Act 1978, in Schedule 1 (words and expressions defined)—a for the definition of “Supreme Court” substitute—“Supreme Court” means the Supreme Court of the United Kingdom.b insert the following definitions at the appropriate places—“Court of Judicature” means the Court of Judicature of Northern Ireland.“Senior Courts” means the Senior Courts of England and Wales.

Taxation of Chargeable Gains Act 1992

1 amendment · open Act

  1. Section 611 change

    61 Taxation of Chargeable Gains Act 1992

    1 The Taxation of Chargeable Gains Act 1992 is amended as follows.
    2 In section 61 (funds in court) in subsection (3)— for “Supreme Court” in paragraph (a) substitute “ Senior Courts ”; for "Supreme Court of Judicature in England" substitute "Senior Courts"; for “Supreme Court of Judicature of Northern Ireland” in each place substitute “ Court of Judicature ”.

Supreme Court (Offices) Act 1997

1 amendment · open Act

  1. Amend. Supreme Court (Offices) Act 1997

    In the Supreme Court (Offices) Act 1997, for “Supreme Court” in each place substitute “ Senior Courts ”.

Freedom of Information Act 2000

1 amendment · open Act

  1. 1 deletion

    Amend. Freedom of Information Act 2000

    In Part 7 of Schedule 1 to the Freedom of Information Act 2000—a omit "The Northern Ireland Supreme Court Rules Committee.";b insert in the appropriate place “ The Northern Ireland Court of Judicature Rules Committee. ”.

Fines Act 1833

1 amendment · open Act

  1. Amend. Fines Act 1833

    The Fines Act 1833 ceases to have effect.

Universities of Oxford and Cambridge Act 1877

1 amendment · open Act

  1. Section 44

    44 Universities of Oxford and Cambridge Act 1877

    In the Universities of Oxford and Cambridge Act 1877, in section 44 (constitution of Universities Committee of Privy Council) omit—a “the Lord Chancellor,” in the first place;b “the Lord Chancellor or”.

Sheriffs Act 1887

1 amendment · open Act

  1. Section 61 deletion

    6 Sheriffs Act 1887

    In the Sheriffs Act 1887, in section 6 (nomination and appointment of sheriffs) in subsection (1) omit "the Lord Chancellor,".

Administration of Justice Act 1964

1 amendment · open Act

  1. Section 37

    37 Administration of Justice Act 1964

    In section 37 of the Administration of Justice Act 1964 (financial provisions) omit subsection (2).

Parliamentary Commissioner Act 1967

1 amendment · open Act

  1. Section 51 change, 1 insertion, 1 deletion

    5 Parliamentary Commissioner Act 1967

    1 The Parliamentary Commissioner Act 1967 is amended as follows.
    2 In section 5 (matters subject to investigation) in subsection (6) for "Lord Chancellor's Department" substitute "Department for Constitutional Affairs".
    3 In Schedule 2 (departments etc. subject to investigation) in the note relating to the Department for Constitutional Affairs omit "the Lord Chancellor's Department and".
    4 In Schedule 3 (matters not subject to investigation) at the end insert—12 Action not otherwise within this Schedule which is taken in the course of administrative functions exercised at the direction, or on the authority (whether express or implied), of a judge of any court established under the law of England and Wales or Northern Ireland. In this paragraph “judge” includes— a person appointed under section 89 of, and Part 2 or 3 of Schedule 2 to, the Supreme Court Act 1981, and a Master or District Judge appointed under section 70 of, and Schedule 3 to, the Judicature (Northern Ireland) Act 1978.

Patronage (Benefices) Measure 1986

1 amendment · open Act

  1. Amend. Patronage (Benefices) Measure 1986

    Section 36 of the Patronage (Benefices) Measure 1986 ceases to have effect.

Priests (Ordination of Women) Measure 1993

1 amendment · open Act

  1. Section 2(4)(c)

    2 Priests (Ordination of Women) Measure 1993

    1 The Priests (Ordination of Women) Measure 1993 is amended as follows.
    2 Omit section 2(4)(c) (notice of declaration by Bishop to be given to Lord Chancellor).
    3 In section 7(1) (benefices in the patronage of the Crown etc), omit the words from “and to” to “Lord Chancellor”.

Appellate Jurisdiction Act 1876

1 amendment · open Act

  1. Amend. Appellate Jurisdiction Act 1876

    The Appellate Jurisdiction Act 1876 ceases to have effect.

Jurisdiction in Rating Act 1877

1 amendment · open Act

  1. Section 3

    3 Jurisdiction in Rating Act 1877

    In the Jurisdiction in Rating Act 1877, in section 3 (interpretation) in the definition of “Judge” for the words from “any Lord of Appeal” to the end of the definition substitute “ any judge of the Supreme Court and any person acting as a judge of that court under section 38 of the Constitutional Reform Act 2005. ”

Appellate Jurisdiction Act 1887

1 amendment · open Act

  1. Amend. Appellate Jurisdiction Act 1887

    The Appellate Jurisdiction Act 1887 ceases to have effect.

Railway and Canal Traffic Act 1888

1 amendment · open Act

  1. Amend. Railway and Canal Traffic Act 1888

    Section 17(5) of the Railway and Canal Traffic Act 1888 ceases to have effect.

Supreme Court of Judicature Act 1891

1 amendment · open Act

  1. Amend. Supreme Court of Judicature Act 1891

    The Supreme Court of Judicature Act 1891 ceases to have effect.

Appellate Jurisdiction Act 1947

1 amendment · open Act

  1. Amend. Appellate Jurisdiction Act 1947

    The Appellate Jurisdiction Act 1947 ceases to have effect.

Life Peerages Act 1958

1 amendment · open Act

  1. Section 1

    1 Life Peerages Act 1958

    In the Life Peerages Act 1958, in section 1 (power to create life peerages), in subsection (1) omit the words “Without prejudice to Her Majesty's powers as to the appointment of Lords of Appeal in Ordinary,”.

Ecclesiastical Jurisdiction Measure 1963

1 amendment · open Act

  1. Section 111 change

    11 Ecclesiastical Jurisdiction Measure 1963

    1 The Ecclesiastical Jurisdiction Measure 1963 is amended as follows.
    2 In section 11 (review of commissions of convocation or Court of Ecclesiastical Causes Reserved) for "Lords of Appeal (within the meaning of the Appellate Jurisdiction Act 1876)" substitute "judges of the Supreme Court, or members of the supplementary panel under section 39 of the Constitutional Reform Act 2005,".
    3 In section 66(1) (interpretation) for the definition of “high judicial office” substitute—“high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;.

Law Commissions Act 1965

1 amendment · open Act

  1. Section 6

    6 Law Commissions Act 1965

    In section 6 of the Law Commissions Act 1965 (supplemental) for the words from “has the same meaning” to “1887;” substitute “ means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council; ”.

Administration of Justice Act 1968

1 amendment · open Act

  1. Amend. Administration of Justice Act 1968

    The Administration of Justice Act 1968 ceases to have effect.

Special Immigration Appeals Commission Act 1997

1 amendment · open Act

  1. 1 change

    Amend. Special Immigration Appeals Commission Act 1997

    In paragraph 5 of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (the Commission) for "the Appellate Jurisdiction Act 1876)" substitute "Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council".

Regulation of Investigatory Powers Act 2000

1 amendment · open Act

  1. Section 61(8)(a)1 change

    61 Regulation of Investigatory Powers Act 2000

    1 The Regulation of Investigatory Powers Act 2000 is amended as follows.
    2 In each of— aF364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bF364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . paragraphs 1(1)(a) and 2(2) of Schedule 3 (the Tribunal),for "the Appellate Jurisdiction Act 1876)" substitute "Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council".
    3 In section 61(8)(a) (Investigatory Powers Commissioner for Northern Ireland) for "the Appellate Jurisdiction Act 1876" substitute "Part 3 of the Constitutional Reform Act 2005".

European Parliamentary Elections Act 2002

1 amendment · open Act

  1. Section 10

    10 European Parliamentary Elections Act 2002

    In the European Parliamentary Elections Act 2002, in section 10 (disqualification) in subsection (1) omit paragraph (b) and the “or” immediately preceding it.

Clergy Discipline Measure 2003

1 amendment · open Act

  1. Section 43(1)

    43 Clergy Discipline Measure 2003

    In the Clergy Discipline Measure 2003, in section 43(1) (interpretation) for the definition of “high judicial office” substitute—“high judicial office” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;.

Land Law (Ireland) Act 1896

1 amendment · open Act

  1. Section 24

    24 Land Law (Ireland) Act 1896

    1 Section 24 of the Land Law (Ireland) Act 1896 (power to nominate judge to act as additional land judge) is amended as follows.
    2 For “Lord Chancellor” in each place substitute “ Lord Chief Justice ”.
    3 At the end of the section insert—The Lord Chief Justice may nominate any of the following to exercise his functions under this section— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).

Social Security (Northern Ireland) Act 1975

1 amendment · open Act

  1. Section 88

    88 Social Security (Northern Ireland) Act 1975

    1 Schedule 10 to the Social Security (Northern Ireland) Act 1975 (supplementary provision as to Local Tribunals, Commissioners etc) is amended as follows.
    2 In paragraph 6 (Commissioners' pensions), after sub-paragraph (1) insert— The Lord Chancellor must consult the Lord Chief Justice before satisfying himself as mentioned in sub-paragraph (1)(c). The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (1ZA)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).
    3 In paragraph 7 (Commissioners' pensions: supplementary), after sub-paragraph (5) insert— The Lord Chancellor must consult the Lord Chief Justice before requiring a person to resume the duties of Commissioner in accordance with sub-paragraph (5). The Lord Chief Justice may nominate any of the following to exercise his functions under sub-paragraph (5A)— the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; a Lord Justice of Appeal (as defined in section 88 of that Act).