Constitutional Reform Act 2005
2005 c. 4
An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.
[24th March 2005]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
This Act does not adversely affect—
(a) the existing constitutional principle of the rule of law, or
(b) the Lord Chancellor's existing constitutional role in relation to that principle.
(1) A person may not be recommended for appointment as Lord Chancellor unless he appears to the Prime Minister to be qualified by experience.
(2) The Prime Minister may take into account any of these—
(a) experience as a Minister of the Crown;
(b) experience as a member of either House of Parliament;
(c) experience as a qualifying practitioner;
(d) experience as a teacher of law in a university;
(e) other experience that the Prime Minister considers relevant.
(3) In this section “qualifying practitioner” means any of these—
(a) a person who has a Senior Courts qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);
(b) an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;
(c) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.
(1) The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary.
(2) Subsection (1) does not impose any duty which it would be within the legislative competence of the Scottish Parliament to impose.
(3) A person is not subject to the duty imposed by subsection (1) if he is subject to the duty imposed by section 1(1) of the Justice (Northern Ireland) Act 2002 (c. 26).
(4) The following particular duties are imposed for the purpose of upholding that independence.
(5) The Lord Chancellor and other Ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary.
(6) The Lord Chancellor must have regard to—
(a) the need to defend that independence;
(b) the need for the judiciary to have the support necessary to enable them to exercise their functions;
(c) the need for the public interest in regard to matters relating to the judiciary or otherwise to the administration of justice to be properly represented in decisions affecting those matters.
(7) In this section “the judiciary” includes the judiciary of any of the following—
(a) the Supreme Court;
(b) any other court established under the law of any part of the United Kingdom;
(c) any international court.
(7A) In this section “the judiciary” also includes every person who—
(a) holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and
(b) but for this subsection would not be a member of the judiciary for the purposes of this section.
(7B) The offices are those of—
(a) Senior President of Tribunals;
(b) President of Employment Tribunals (Scotland);
(c) Vice President of Employment Tribunals (Scotland);
(d) member of a panel of Employment Judges (Scotland);
(e) member of a panel of members of employment tribunals that is not a panel of Employment Judges;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In subsection (7) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—
(a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or
(b) a resolution of the Security Council or General Assembly of the United Nations.
4 Guarantee of continued judicial independence: Northern Ireland
(1) For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of continued judicial independence) substitute—
Guarantee of continued judicial independence
1 (1) The following persons must uphold the continued independence of the judiciary—
(a) the First Minister,
(b) the deputy First Minister,
(c) Northern Ireland Ministers, and
(d) all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.
(2) The following particular duty is imposed for the purpose of upholding that independence.
(3) The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.
(4) In this section “the judiciary” includes the judiciary of any of the following—
(a) the Supreme Court;
(b) any other court established under the law of any part of the United Kingdom;
(c) any international court.
(5) In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—
(a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or
(b) a resolution of the Security Council or General Assembly of the United Nations.
(2) In section 91(2) of that Act (extent: provisions not restricted to Northern Ireland), before paragraph (a) insert—
(za) section 1,
.
(A1) The President of the Supreme Court may lay before Parliament written representations on matters that appear to the President to be matters of importance relating to the Supreme Court or to the jurisdiction it exercises.
(1) The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.
(2) In relation to Scotland the matters mentioned in subsections (A1) and (1) do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates.
(3) In relation to Northern Ireland the matters mentioned in subsections (A1) and (1) do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.
(4) In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47).
(5) In this section “chief justice” means—
(a) in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom;
(b) in relation to Scotland, the Lord President of the Court of Session.
6 Representations to the Northern Ireland Assembly
(1) The Lord Chief Justice of Northern Ireland may lay before the Northern Ireland Assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in Northern Ireland.
(2) The matters are—
(a) excepted or reserved matters to which a Bill for an Act of the Northern Ireland Assembly relates;
(b) transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates.
(3) In subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the Northern Ireland Act 1998.
(1) The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England and Wales.
(2) As President of the Courts of England and Wales he is responsible—
(a) for representing the views of the judiciary of England and Wales to Parliament, to the Lord Chancellor and to Ministers of the Crown generally;
(b) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of England and Wales within the resources made available by the Lord Chancellor;
(c) for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts.
(3) The President of the Courts of England and Wales is president of the courts listed in subsection (4) and is entitled to sit in any of those courts.
(4) The courts are—
the Court of Appeal
the High Court
the Crown Court
the family court
the county court
the magistrates' courts.
(5) In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2)(Lord Chancellor to be president of the Supreme Court of England and Wales) ceases to have effect.
(1) There is to be a Head of Criminal Justice.
(2) The Head of Criminal Justice is—
(a) the Lord Chief Justice, or
(b) if the Lord Chief Justice appoints another person, that person.
(3) The Lord Chief Justice may appoint a person to be Deputy Head of Criminal Justice.
(4) The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—
(a) the Lord Chief Justice has consulted the Lord Chancellor;
(b) the person to be appointed is a judge of the Court of Appeal.
(5) A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.
(1) The President of the Family Division is Head of Family Justice.
(2) The Lord Chief Justice may appoint a person to be Deputy Head of Family Justice.
(3) The Lord Chief Justice must not appoint a person under subsection (2) unless these conditions are met—
(a) the Lord Chief Justice has consulted the Lord Chancellor;
(b) the person to be appointed is an ordinary judge of the Court of Appeal.
(4) A person appointed as Deputy Head of Family Justice holds that office in accordance with the terms of his appointment.
10 The Lord Chancellor and Northern Ireland courts
In the Judicature (Northern Ireland) Act 1978 (c. 23) after section 68 insert—
Lord Chancellor's duty
68A (1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—
(a) the Supreme Court,
(b) county courts,
(c) magistrates' courts, and
(d) coroners' courts,
and that appropriate services are provided for those courts.
(2) The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his duty under subsection (1).
For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute—
(1A) The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.
(1B) As President of the Courts of Northern Ireland he is responsible—
(a) for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;
(b) for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;
(c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;
(d) for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.
(1C) The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.
(1D) The courts are—
the Court of Appeal
the High Court
the Crown Court
the county courts
the magistrates' courts.
(1) Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.
(2) Part 2 of the Schedule contains amendments of Acts that contain rule-making powers.
(3) Those amendments—
(a) provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and
(b) make consequential provision.
(1) Part 1 of Schedule 2 sets out a process for the exercise of powers to give directions.
(2) Part 2 of the Schedule contains amendments of Acts that contain powers to give directions.
(3) Those amendments—
(a) provide for those powers to be exercised in accordance with the process set out in Part 1 of the Schedule, and
(b) make consequential provision.
14 Transfer of appointment functions to Her Majesty
Schedule 3 provides for—
(a) Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and
(b) the modification of enactments relating to those offices.
15 Other functions of the Lord Chancellor and organisation of the courts
(1) Schedule 4 provides for—
(a) the transfer of functions to or from the Lord Chancellor,
(b) the modification of other functions of the Lord Chancellor,
(c) the modification of enactments relating to those functions, and
(d) the modification of enactments relating to the organisation of the courts.
(2) Schedule 5 makes similar provision about functions under legislation relating to Northern Ireland.
16 Functions of the Lord Chief Justice during vacancy or incapacity
(1) This section applies during any period when—
(a) the office of Lord Chief Justice is vacant, or
(b) the Lord Chief Justice is incapacitated.
(2) During such a period—
(a) any function of the Lord Chief Justice may be exercised by the senior Head of Division;
(b) anything which falls to be done in relation to the Lord Chief Justice may be done in relation to the senior Head of Division.
(3) The senior Head of Division is—
(a) the Master of the Rolls, or
(b) the President of the Queen's Bench Division, if the office in paragraph (a) is vacant, or
(c) the President of the Family Division, if the offices in paragraphs (a) and (b) are vacant, or
(d) the President of the Business and Property Division, if the offices in paragraphs (a), (b) and (c) are vacant.
(4) For the purposes of this section—
(a) the Lord Chief Justice is to be regarded as incapacitated only if at least three of the Heads of Division declare in writing that they are satisfied that he is incapacitated;
(b) in such a case, the Lord Chief Justice is to be regarded as incapacitated until at least three of the Heads of Division declare in writing that they are satisfied that he is no longer incapacitated.
(5) In this section—
(a) “Lord Chief Justice” means the Lord Chief Justice of England and Wales;
(b) “incapacitated”, in relation to the Lord Chief Justice, means unable to exercise the functions of that office;
(c) “Head of Division” means each of the office holders referred to in subsection (3).
(1) In the Promissory Oaths Act 1868 (c. 72) after section 6 insert—
Lord Chancellor's Oath
6A (1) The oath set out in subsection (2) shall be tendered to and taken by the Lord Chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office.
(2) The oath is—
“I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”.
(2) The section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section.
19 Transfer, modification or abolition of functions by order
(1) The Lord Chancellor may by order make provision for any of these purposes—
(a) to transfer an existing function of the Lord Chancellor to another person;
(b) to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person;
(c) to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor;
(d) to modify an existing function of the Lord Chancellor;
(e) to abolish an existing function of the Lord Chancellor.
(2) An order under subsection (1) may in particular—
(a) amend or repeal any of the following—
(i) an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
(ii) subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
(iii) any other instrument or document, including a prerogative instrument;
(b) include—
(i) any supplementary, incidental or consequential provision, and
(ii) any transitory, transitional or saving provision,
which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1).
(3) The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this Act.
(4) An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc).
(5) An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7.
(6) An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order—
(a) becomes exercisable by the Lord Chancellor concurrently with another person, or
(b) is modified.
(7) An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1).
(8) In this section—
“existing function” means any function other than one that is conferred by—
an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed, or
subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;
“prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.
20 Protected functions not transferable under Ministers of the Crown Act 1975
(1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows.
(2) In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—
(6) This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005.
(7) An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council—
(a) is transferred to the Lord Chancellor,
(b) becomes exercisable by the Lord Chancellor concurrently with another person, or
(c) remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.
(8) An Order in Council under this section may not, to the extent that it amends Schedule 7 to the Constitutional Reform Act 2005, be revoked by another Order in Council under this section.
(3) After section 5(3) (Orders under Act to be revocable) insert—
(3A) Subsection (3) is subject to section 1(8).
(1) The Lord Chancellor may by order amend Schedule 7 so as to include within that Schedule any function of the Lord Chancellor under an enactment, other than an enactment contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed.
(2) For the purposes of subsection (1) it does not matter whether a function of the Lord Chancellor is exercisable by him alone or concurrently with another person.
(3) An order made under this section may not be revoked by an order made under this section.
(1) This section applies where a function of the Lord Chancellor is transferred to another person (“the transferee”) by any provision of this Act or of an order under section 19 (“the amending provision”).
(2) Where the transferee is Her Majesty, references to the transferee in the following provisions of this section are to be read as references to the Lord Chancellor.
(3) The transfer does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Chancellor before the commencement of the amending provision.
(4) So far as is necessary in consequence of the transfer, an enactment or instrument passed or made before the commencement of the provision has effect, subject to any amendment made by the amending provision or any other provision of this Act, as if—
(a) a reference to the Lord Chancellor were a reference to the transferee;
(b) a reference to the Lord Chancellor's Department were a reference to the department of the transferee;
(c) a reference to an officer of the Lord Chancellor were a reference to an officer of the transferee.
(5) Anything done by or in relation to the Lord Chancellor in connection with the function has effect, so far as is necessary for continuing its effect after the commencement of the amending provision, as if done by or in relation to the transferee.
(6) Anything which relates to the function and which is in the process of being done by or in relation to the Lord Chancellor at the commencement of the amending provision may be continued by or in relation to the transferee.
(7) Legal proceedings to which the Lord Chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee.
(8) Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Lord Chancellor, his Department or an officer of his.
(9) For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his.
(1) There is to be a Supreme Court of the United Kingdom.
(2) The Court consists of the persons appointed as its judges by Her Majesty by letters patent , but no appointment may cause the full-time equivalent number of judges of the Court at any time to be more than 12.
(3) Her Majesty may from time to time by Order in Council amend subsection (2) so as to increase or further increase the maximum full-time equivalent number of judges of the Court.
(4) No recommendation may be made to Her Majesty in Council to make an Order under subsection (3) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.
(5) Her Majesty may by letters patent appoint one of the judges to be President and one to be Deputy President of the Court.
(6) The judges other than the President and Deputy President are to be styled “Justices of the Supreme Court”.
(7) The Court is to be taken to be duly constituted despite any vacancy ... in the office of President or Deputy President.
(8) For the purposes of this section, the full-time equivalent number of judges of the Court is to be calculated by taking the number of full-time judges and adding, for each judge who is not a full-time judge, such fraction as is reasonable.
On the commencement of section 23—
(a) the persons who immediately before that commencement are Lords of Appeal in Ordinary become judges of the Supreme Court,
(b) the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Court, and
(c) the person who immediately before that commencement is the second senior Lord of Appeal in Ordinary becomes the Deputy President of the Court.
(1) A person is not qualified to be appointed a judge of the Supreme Court unless he has (at any time)—
(a) held high judicial office for a period of at least 2 years,
(b) satisfied the judicial-appointment eligibility condition on a 15-year basis, or
(c) been a qualifying practitioner for a period of at least 15 years.
(2) A person is a qualifying practitioner for the purposes of this section at any time when—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) he is an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary, or
(c) he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.
(1) This section applies to a recommendation for an appointment to one of the following offices—
(a) judge of the Supreme Court;
(b) President of the Court;
(c) Deputy President of the Court.
(2) A recommendation may be made only by the Prime Minister.
(3) The Prime Minister—
(a) must recommend any person who is selected as a result of the convening of a selection commission under this section;
(b) may not recommend any other person.
(4) Where a person who is not a judge of the Court is recommended for appointment as President or Deputy President, the recommendation must also recommend the person for appointment as a judge.
(5) If there is a vacancy in the office of President of the Court or in the office of Deputy President of the Court, or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.
(5A) If—
(a) the full-time equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and
(b) the Lord Chancellor, or the senior judge of the Court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the Court,
the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.
(5B) In subsection (5A)(b) “the senior judge of the Court” means—
(a) the President of the Court, or
(b) if there is no President, the Deputy President, or
(c) if there is no President and no Deputy President, the senior ordinary judge.
(6) Schedule 8 is about selection commissions.
(7) Subsections (5) and (5A) are subject to Schedule 8 (cases where duty to convene a selection commission are suspended).
(7A) For the purposes of this section and Schedule 8, a person is selected as a result of the convening of a selection commission if the person's selection is the final outcome of—
(a) the selection process mentioned in section 27(1) being applied by the commission, and
(b) any process provided for by regulations under section 27A being applied in the particular case.
(8) Section 27 applies where a selection commission is convened under this section.
(1) The commission must—
(a) determine the selection process to be applied by it,
(b) apply the selection process, and
(c) make a selection accordingly.
(1A) The commission must have an odd number of members not less than five.
(1B) The members of the commission must include—
(a) at least one who is non-legally-qualified,
(b) at least one judge of the Court,
(c) at least one member of the Judicial Appointments Commission,
(d) at least one member of the Judicial Appointments Board for Scotland, and
(e) at least one member of the Northern Ireland Judicial Appointments Commission,
and more than one of the requirements may be met by the same person's membership of the commission.
(1C) If the commission is convened for the selection of a person to be recommended for appointment as President of the Court—
(a) its members may not include the President of the Court, and
(b) it is to be chaired by one of its non-legally-qualified members.
(1D) If the commission is convened for the selection of a person to be recommended for appointment as Deputy President of the Court, its members may not include the Deputy President of the Court.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsections (5) to (10) apply to any selection under this section or regulations under section 27A.
(5) Selection must be on merit.
(5A) Where two persons are of equal merit—
(a) section 159 of the Equality Act 2010 (positive action: recruitment etc) does not apply in relation to choosing between them, but
(b) Part 5 of that Act (public appointments etc) does not prevent the commission from preferring one of them over the other for the purpose of increasing diversity within the group of persons who are the judges of the Court.
(6) A person may be selected only if he meets the requirements of section 25.
(7) A person may not be selected if he is a member of the commission.
(8) In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.
(9) The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.
(10) Any selection must be of one person only.
(11) For the purposes of this section a person is non-legally-qualified if the person—
(a) does not hold, and has never held, any of the offices listed in Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), and
(b) is not practising or employed as a lawyer, and never has practised or been employed as a lawyer.
(1) The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court—
(a) make further provision about membership of selection commissions convened under section 26,
(b) make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and
(c) secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor.
(2) The regulations may in particular—
(a) provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process;
(b) make provision as to things that are, or as to things that are not, to be done by a selection commission—
(i) as part of the selection process applied by it under section 27(1), or
(ii) in determining what that process is to be;
(c) provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection;
(d) provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection;
(e) give other functions to the Lord Chancellor;
(f) provide for particular action to be taken by a selection commission after it has complied with section 27;
(g) provide for the dissolution of a selection commission;
(h) provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—
(i) as a member of a selection commission (including functions of chairing a selection commission), or
(ii) in relation to the nomination or appointment of members of a selection commission;
(i) provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission;
(j) provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission;
(k) provide for payment to a member of a selection commission of amounts by way of allowances or expenses;
(l) make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b).
(3) Before making regulations under this section the Lord Chancellor must consult—
(a) the First Minister in Scotland,
(b) the Northern Ireland Judicial Appointments Commission,
(c) the First Minister for Wales,
(d) the Lord President of the Court of Session,
(e) the Lord Chief Justice of Northern Ireland, and
(f) the Lord Chief Justice of England and Wales.
(4) Regulations under this section—
(a) may make different provision for different purposes;
(b) may make transitory, transitional or saving provision.
(5) In this section “the senior judge”, in relation to the Court, has the meaning given by section 26(5B).
(1) Before issuing any selection guidance the Lord Chancellor must—
(a) consult the senior judge of the Supreme Court;
(b) after doing so, lay a draft of the proposed guidance before each House of Parliament.
(2) If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.
(3) In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.
(4) Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the senior judge of the Court.
(5) Selection guidance comes into force on such date as the Lord Chancellor may appoint by order.
(6) Where selection guidance is in force, the Lord Chancellor may revoke the guidance only by—
(a) new selection guidance issued in accordance with the previous provisions of this section, or
(b) an order made after consulting the senior judge of the Court.
(7) In this section—
“40-day period” in relation to the draft of any proposed selection guidance means—
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;
“the senior judge”, in relation to the Court, has the meaning given by section 26(5B);
“selection guidance” means guidance mentioned in section 27(9).
(1) A person who is appointed as President of the Court must, as soon as may be after accepting office, take the required oaths in the presence of—
(a) the Deputy President, or
(b) if there is no Deputy President, the senior ordinary judge.
(2) A person who is appointed as Deputy President of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—
(a) the President, or
(b) if there is no President, the senior ordinary judge.
(3) A person who is appointed as a judge of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—
(a) the President, or
(b) if there is no President, the Deputy President, or
(c) if there is no President and no Deputy President, the senior ordinary judge.
(4) Subsections (1) and (2) apply whether or not the person appointed as President or Deputy President has previously taken the required oaths in accordance with this section after accepting another office.
(5) Subsection (3) does not apply where a person is first appointed as a judge of the Court upon appointment to the office of President or Deputy President.
(6) In this section “required oaths” means—
(a) the oath of allegiance, and
(b) the judicial oath,
as set out in the Promissory Oaths Act 1868 (c. 72).
(1) A judge of the Supreme Court is entitled to a salary.
(2) The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.
(3) Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.
(4) A determination under subsection (2) may increase but not reduce the amount.
(5) Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.
(6) Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.
(1) A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.
(2) The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.
(3) In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
(1) This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—
(a) is disabled by permanent infirmity from the performance of the duties of his office, and
(b) is for the time being incapacitated from resigning his office.
(2) The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.
(3) A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.
(4) But such a declaration has no effect unless it is made—
(a) in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;
(b) in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;
(c) in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.
(1) In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—
(a) in the first column, substitute “ Judge of the Supreme Court ”, and
(b) in the second column, in each place substitute “ judge of the Supreme Court ”.
(2) In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.
(3) The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.