Supreme Court (Offices) Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Supreme Court (Offices) Bill

EXPLANATORY MEMORANDUM

The Bill provides for the removal of certain statutory restrictions as to the persons who may be appointed as Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. Other statutory provisions which allow for extended tenure of that office, and which do not apply to other Permanent Secretary posts, will also cease to operate.

The effect of Clause 1 is that certain provisions of the Supreme Court Act 1981 will no longer apply to the offices of Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. Section 88 of the 1981 Act provides that a person may not be appointed to any of various offices listed in Schedule 2 to the Act unless he or she has the qualifications listed in the Schedule for the office in question. The qualifications required for appointment as Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery are either a 10 year general qualification (equivalent to 10 years' practice as a barrister or solicitor) or five years' service as a civil servant in the Lord Chancellor's DepartmentSection 92 of the 1981 Act provides for extended tenure of certain offices listed in Schedule 2.

Subsection (1) removes the reference to the Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery from Part I of Schedule 2 to the 1981 Act. This has the effect of removing the restrictions as to qualifications imposed by section 88 of the Act. The provisions as to tenure of office in section 92 will also cease to apply, since sections 88 and 92 operate by reference to offices listed in Schedule 2.

Subsection (2) makes transitional provision to ensure that the present holder of the offices is not prejudiced.

Effects of the Bill on public service manpower and finances

The Bill is not expected to have any financial or manpower implications.

© Parliamentary copyright 1997
Prepared 29 October 1997

Supreme Court (Offices) Bill

	EXPLANATORY MEMORANDUM
	The Bill provides for the removal of certain statutory restrictions as to the persons who may be appointed as Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. Other statutory provisions which allow for extended tenure of that office, and which do not apply to other Permanent Secretary posts, will also cease to operate.
	The effect of Clause 1 is that certain provisions of the Supreme Court Act 1981 will no longer apply to the offices of Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery. Section 88 of the 1981 Act provides that a person may not be appointed to any of various offices listed in Schedule 2 to the Act unless he or she has the qualifications listed in the Schedule for the office in question. The qualifications required for appointment as Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery are either a 10 year general qualification (equivalent to 10 years' practice as a barrister or solicitor) or five years' service as a civil servant in the Lord Chancellor's DepartmentSection 92 of the 1981 Act provides for extended tenure of certain offices listed in Schedule 2.
	Subsection (1) removes the reference to the Permanent Secretary to the Lord Chancellor and Clerk of the Crown in Chancery from Part I of Schedule 2 to the 1981 Act. This has the effect of removing the restrictions as to qualifications imposed by section 88 of the Act. The provisions as to tenure of office in section 92 will also cease to apply, since sections 88 and 92 operate by reference to offices listed in Schedule 2.
	Subsection (2) makes transitional provision to ensure that the present holder of the offices is not prejudiced.
	Effects of the Bill on public service manpower and finances
	The Bill is not expected to have any financial or manpower implications.