|
| |
|
| |
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 |
| |
| 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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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”— |
| 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 |
| |
| |
(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 |
| |
| 15 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(8) | In this section “office as a senior territorial judge” means office as any of the |
| |
| |
(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 |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
| becomes a member of the panel. |
| |
| 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 |
| |
(b) | the President of the Court gives the Minister notice in writing of the |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(a) | at the end of 5 years after the last day on which he holds his qualifying |
| |
| |
(b) | if earlier, at the end of the day on which he attains the age of 75. |
| 10 |
| |
(a) | “office as a senior territorial judge” has the same meaning as in section |
| |
| |
(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 |
| |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| 25 |
(a) | “directions” means directions given by the President of the Court; |
| |
(b) | “specified”, in relation to directions, means specified in those |
| |
| |
(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 |
| |
| |
(2) | The presiding judge may direct that the Court is still duly constituted in the |
| |
| |
(3) | The presiding judge may give a direction under this section only if— |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
| 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. |
| |
| |
(a) | “presiding judge” means the judge who is to preside, or is presiding, |
| 10 |
| |
(b) | references to permanent judges have the same meaning as in section 39. |
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
| 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; |
| |
|
| |
|
| |
|
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. |
| |
| 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) |
| |
| |
“(a) | the expression “court” means any court of justice (including the |
| |
court of a coroner), apart from the Supreme Court;”. |
| |
| 25 |
| |
(1) | The Supreme Court is to have a chief executive. |
| |
(2) | The Minister must appoint the chief executive, after consulting the President of |
| |
| |
(3) | The President of the Court may delegate to the chief executive any of these |
| 30 |
| |
(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 |
| 35 |
| |
| |
(1) | The President of the Supreme Court may appoint officers and staff of the |
| |
| |
|
| |
|