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Constitutional Reform Bill [HL]


Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

14

 

30      

Tenure

A judge of the Supreme Court holds that office during good behaviour, but

may be removed from it on the address of both Houses of Parliament.

31      

Salaries and allowances

(1)   

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

5

(2)   

The amount of the salary is to be determined by the Minister 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 20.

10

(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 Minister with the agreement of the Treasury

may be paid to a judge of the Court out of money provided by Parliament.

15

32      

Resignation and retirement

(1)   

A judge of the Supreme Court may at any time resign that office by giving the

Minister 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 Minister

20

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”.

33      

Medical retirement

25

(1)   

This section applies if the Minister 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.

30

(2)   

The Minister 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—

35

(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;

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

15

 

(c)   

in the case of the Deputy President, with the agreement of the President

and the senior ordinary judge.

34      

Pensions

(1)   

In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20)

(application and interpretation), for “Lord of Appeal in Ordinary”—

5

(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 (c. 8)

(qualifying judicial offices: judges), for “Lord of Appeal in Ordinary”

10

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.

15

Acting judges

35      

Acting judges

(1)   

At the request of the President of the Supreme Court any of the following may

act as a judge of the Court—

(a)   

a person who holds office as a senior territorial judge;

20

(b)   

a member of the supplementary panel under section 36.

(2)   

A request under subsection (1) may be made by the Deputy President of the

Court if there is no President or the President is unable to make that request.

(3)   

In section 26(7) of the Judicial Pensions and Retirement Act 1993 (requirement

not to act in certain capacities after the age of 75) for paragraph (b) substitute—

25

“(b)   

act as a judge of the Supreme Court under section 35 of the

Constitutional Reform Act 2005;”.

(4)   

Every person while acting under this section is, subject to subsections (5) and

(6), to be treated for all purposes as a judge of the Supreme Court (and so may

perform any of the functions of a judge of the Court).

30

(5)   

A person is not to be treated under subsection (4) as a judge of the Court for the

purposes of any statutory provision relating to—

(a)   

the appointment, retirement, removal or disqualification of judges of

the Court,

(b)   

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

35

(c)   

the remuneration, allowances or pensions of judges of the Court.

(6)   

Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person

is not to be treated under subsection (4) as having been a judge of the Court if

he has acted in the Court only under this section.

(7)   

Such remuneration and allowances as the Minister may with the agreement of

40

the Treasury determine may be paid out of money provided by Parliament to

any person who acts as a judge of the Court under this section.

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

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(8)   

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

following—

(a)   

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

(b)   

a judge of the Court of Session, but only if the holder of the office is a

member of the First or Second Division of the Inner House of that

5

Court;

(c)   

a judge of the Court of Appeal in Northern Ireland, unless the holder

holds the office only by virtue of being a puisne judge of the High

Court.

36      

Supplementary panel

10

(1)   

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

(2)   

On the commencement of this section any member of the House of Lords

who—

(a)   

meets one of the conditions in subsection (3),

(b)   

does not hold high judicial office,

15

(c)   

has not attained the age of 75, and

(d)   

is not a person who was appointed to the office of Lord Chancellor on

or after 12 June 2003,

   

becomes a member of the panel.

(3)   

The conditions are—

20

(a)   

that he ceased to hold high judicial office less than 5 years before the

commencement of this section;

(b)   

that he was a member of the Judicial Committee of the Privy Council

immediately before that commencement;

(c)   

that he ceased to be a member of that Committee less than 5 years

25

before that commencement.

(4)   

A person becomes a member of the supplementary panel on ceasing to hold

office as a judge of the Supreme Court or as a senior territorial judge, but only

if, while he holds such office—

(a)   

his membership of the panel is approved in writing by the President of

30

the Supreme Court, and

(b)   

the President of the Court gives the Minister notice in writing of the

approval.

(5)   

Subsection (4) does not apply to a person who ceases to hold office as a judge

of the Supreme Court when he ceases to be President of the Court.

35

(6)   

Such a person becomes a member of the supplementary panel on ceasing to be

President of the Court, unless—

(a)   

while President, he gives the Minister notice that he is not to become a

member of the panel,

(b)   

he ceases to be President on being removed from office as a judge of the

40

Court on the address of both Houses of Parliament, or

(c)   

his office is declared vacant under section 33.

(7)   

A person does not become a member of the supplementary panel under

subsection (4) or (6) if—

(a)   

on ceasing to hold office as a judge of the Supreme Court he takes office

45

as a senior territorial judge, or

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

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(b)   

on ceasing to hold office as a senior territorial judge he takes office as a

judge of the Supreme Court.

(8)   

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

President of the Court.

(9)   

Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial

5

Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the

supplementary panel—

(a)   

at the end of 5 years after the last day on which he holds his qualifying

office, or

(b)   

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

10

(10)   

In this section—

(a)   

“office as a senior territorial judge” has the same meaning as in section

35;

(b)   

a person’s “qualifying office” is the office (that is, high judicial office,

membership of the Judicial Committee of the Privy Council, office as a

15

judge of the Supreme Court or office as a senior territorial judge) that

he held before becoming a member of the supplementary panel.

Jurisdiction and relation to other courts etc

37      

Jurisdiction

(1)   

The Supreme Court is a superior court of record.

20

(2)   

An appeal lies to the Court from any order or judgment of the Court of Appeal

in England and Wales in civil proceedings.

(3)   

An appeal lies to the Court from any order or judgment of a court in Scotland

if an appeal lay from that court to the House of Lords at or immediately before

the commencement of this section.

25

(4)   

Schedule 8

(a)   

transfers other jurisdiction from the House of Lords to the Court,

(b)   

transfers devolution jurisdiction from the Judicial Committee of the

Privy Council to the Court, and

(c)   

makes other amendments relating to jurisdiction.

30

(5)   

The Court has power to determine any question necessary to be determined for

the purposes of doing justice in an appeal to it under any enactment.

(6)   

An appeal under subsection (2) lies only with the permission of the Court of

Appeal or the Supreme Court; but this is subject to provision under any other

enactment restricting such an appeal.

35

38      

Relation to other courts etc

(1)   

Nothing in this Part is to affect the distinctions between the separate legal

systems of the parts of the United Kingdom.

(2)   

A decision of the Supreme Court on appeal from a court of any part of the

United Kingdom, other than a decision on a devolution matter, is to be

40

regarded as the decision of a court of that part of the United Kingdom.

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

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(3)   

A decision of the Supreme Court on a devolution matter—

(a)   

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

(b)   

otherwise, is binding in all legal proceedings.

(4)   

In this section “devolution matter” means—

(a)   

a question referred to the Supreme Court under section 33 of the

5

Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998

(c. 47);

(b)   

a devolution issue as defined in Schedule 8 to the Government of Wales

Act 1998 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to

the Northern Ireland Act 1998.

10

Composition for proceedings

39      

Composition

(1)   

The Supreme Court is duly constituted in any proceedings only if all of the

following conditions are met—

(a)   

the Court consists of an uneven number of judges;

15

(b)   

the Court consists of at least three judges;

(c)   

more than half of those judges are permanent judges.

(2)   

Paragraphs (a) and (b) of subsection (1) are subject to any directions that in

specified proceedings the Court is to consist of a specified number of judges

that is both uneven and greater than three.

20

(3)   

Paragraph (b) of subsection (1) is subject to any directions that in specified

descriptions of proceedings the Court is to consist of a specified minimum

number of judges that is greater than three.

(4)   

This section is subject to section 40.

(5)   

In this section—

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(a)   

“directions” means directions given by the President of the Court;

(b)   

“specified”, in relation to directions, means specified in those

directions;

(c)   

references to permanent judges are references to those judges of the

Court who are not acting judges under section 35.

30

(6)   

This section and section 40 apply to the constitution of the Court in any

proceedings from the time judges are designated to hear the proceedings.

40      

Changes in composition

(1)   

This section applies if in any proceedings the Court ceases to be duly

constituted in accordance with section 39, or in accordance with a direction

35

under this section, because one or more members of the Court are unable to

continue.

(2)   

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

proceedings.

(3)   

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

40

(a)   

the parties agree;

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

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(b)   

the Court still consists of at least three judges (whether the number of

judges is even or uneven);

(c)   

at least half of those judges are permanent judges.

(4)   

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

Court.

5

(5)   

If in any proceedings the Court is duly constituted under this section with an

even number of judges, and those judges are evenly divided, the case is to be

re-argued in a Court which is constituted in accordance with section 39.

(6)   

In this section—

(a)   

“presiding judge” means the judge who is to preside, or is presiding,

10

over proceedings;

(b)   

references to permanent judges have the same meaning as in section 39.

Practice and procedure

41      

Specially qualified advisers

(1)   

If the Supreme Court thinks it expedient in any proceedings, it may hear and

15

dispose of the proceedings wholly or partly with the assistance of one or more

specially qualified advisers appointed by it.

(2)   

Any remuneration payable to such an adviser is to be determined by the Court

unless agreed between the adviser and the parties to the proceedings.

(3)   

Any remuneration forms part of the costs of the proceedings.

20

42      

Making of rules

(1)   

The President of the Supreme Court may make rules (to be known as “Supreme

Court Rules”) governing the practice and procedure to be followed in the

Court.

(2)   

The power to make Supreme Court Rules includes power to make different

25

provision for different cases, including different provision—

(a)   

for different descriptions of proceedings, or

(b)   

for different jurisdiction of the Supreme Court.

(3)   

The President must exercise the power to make Supreme Court Rules with a

view to securing that—

30

(a)   

the Court is accessible, fair and efficient, and

(b)   

the rules are both simple and simply expressed.

(4)   

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

following—

(a)   

the Minister;

35

(b)   

the bodies listed in subsection (5);

(c)   

such other bodies that represent persons likely to be affected by the

Rules as the President considers it appropriate to consult.

(5)   

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

The General Council of the Bar of England and Wales;

40

The Law Society of England and Wales;

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

20

 

The Faculty of Advocates of Scotland;

The Law Society of Scotland;

The General Council of the Bar of Northern Ireland;

The Law Society of Northern Ireland.

43      

Procedure after rules made

5

(1)   

Supreme Court Rules made by the President of the Supreme Court must be

submitted by him to the Minister.

(2)   

Supreme Court Rules submitted to the Minister—

(a)   

come into force on such day as the Minister directs, and

(b)   

are to be contained in a statutory instrument to which the Statutory

10

Instruments Act 1946 (c. 36) applies as if the instrument contained rules

made by a Minister of the Crown.

(3)   

A statutory instrument containing Supreme Court Rules is subject to

annulment in pursuance of a resolution of either House of Parliament.

44      

Photography etc

15

(1)   

In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking

photographs etc in court), for subsection (2)(a) substitute—

“(a)   

the expression “court” means any court of justice (including the

court of a coroner), apart from the Supreme Court;”.

(2)   

In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.)

20

(prohibition on taking photographs etc in court), for subsection (2)(a)

substitute—

“(a)   

the expression “court” means any court of justice (including the

court of a coroner), apart from the Supreme Court;”.

Staff and resources

25

45      

Chief executive

(1)   

The Supreme Court is to have a chief executive.

(2)   

The Minister must appoint the chief executive, after consulting the President of

the Court.

(3)   

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

30

functions—

(a)   

functions of the President under section 46(1);

(b)   

non-judicial functions of the Court.

(4)   

The chief executive must carry out his functions (under subsection (3) or

otherwise) in accordance with any directions given by the President of the

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Court.

46      

Officers and staff

(1)   

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

Court.

 
 

 
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