Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
162

Schedule 8
Section 37

Amendments relating to jurisdiction of the Supreme Court
Part 1
Jurisdiction transferred from the House of Lords
British Law Ascertainment Act 1859 (c. 63)
5
1
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
10
place substitute “the Supreme Court”.
Nautical Assessors (Scotland) Act 1894 (c. 40)
2
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”;
15
(b)
for “House of Lords” in the first place substitute “Supreme Court”;
and
(c)
for “Orders made by the House of Lords” substitute “Supreme Court
Rules”.
Administration of Justice (Appeals) Act 1934 (c. 40)
20
3
In the Administration of Justice (Appeals) Act 1934, omit section 1
(restrictions on appeal from Court of Appeal).
National Health Service (Amendment) Act 1949 (c. 93)
4
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,
25
as inserted by subsection (4), for “House of Lords” in each place substitute
“Supreme Court”.
Miners’ Welfare Act 1952 (c. 23)
5
In the Miners’ Welfare Act 1952, in section 17 (application to Scotland) in
subsection (3) for “House of Lords” substitute “Supreme Court”.
30
Army Act 1955 (c. 18)
6
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
35
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”;

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
163

(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
5
substitute “Supreme Court”.
Air Force Act 1955 (c. 19)
7
In the Air Force Act 1955, in section 113C (review of sentences by Courts-
Martial Appeal Court)—
(a)
in subsection (4)—
10
(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”;
15
(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
20
substitute “Supreme Court”.
Administration of Justice Act 1956 (c. 46)
8
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”.
25
Geneva Conventions Act 1957 (c. 52)
9
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 (c. 53)
30
10
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”;
35
(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.”;
40
(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”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
164

Agricultural Marketing Act 1958 (c. 47)
11
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”.
5
Caravan Sites and Control of Development Act 1960 (c. 62)
12
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”.
Administration of Justice Act 1960 (c. 65)
10
13    (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)—
(a)
in subsection (1) for “House of Lords” substitute “Supreme Court”;
(b)
in subsection (2) for “the House of Lords” and “that House” in each
place substitute “the Supreme Court”;
15
(c)
omit subsection (3);
(d)
in subsections (4) and (5) for “House of Lords” substitute “Supreme
Court”.
      (3)
In section 2 (application for leave to appeal)—
(a)
for “House of Lords” in each place substitute “Supreme Court”;
20
(b)
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
25
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)—
30
(a)
in subsection (2)(c) for “House of Lords” substitute “Supreme
Court”;
(b)
in subsection (4) for “the House of Lords” and “that House”
substitute “the Supreme Court”.
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
35
14
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”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
165

Commonwealth Secretariat Act 1966 (c. 10)
15
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 (c. 19)
5
16    (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)—
(a)
in the sidenote and subsection (1) for “House of Lords” substitute
10
“Supreme Court”;
(b)
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)—
(a)
for “House of Lords” in each place substitute “Supreme Court”;
15
(b)
in subsection (1) for “decision of the Court” substitute “decision of
the Court of Appeal”;
(c)
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)—
20
(a)
omit subsections (1) and (2);
(b)
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”.
25
      (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)—
30
(a)
in the italic heading preceding paragraph 3 for “House of Lords”
substitute “Supreme Court”;
(b)
in paragraphs 3 and 4 for “the House of Lords” and “the House” in
each place substitute “the Supreme Court”.
Courts-Martial (Appeals) Act 1968 (c. 20)
35
17    (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)—
(a)
for “the House of Lords” and “that House” in each place substitute
40
“the Supreme Court”;
(b)
for “the Court” in each place substitute “the Appeal Court”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
166

      (4)
In section 41 (hearing and disposal of appeal)—
(a)
omit subsections (1) and (2);
(b)
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”
5
substitute “the Appeal Court”.
      (6)
In section 44 (presence of accused at hearing)—
(a)
for “the House of Lords” in the first place substitute “the Supreme
Court”;
(b)
for “an order of the House of Lords authorises” substitute “Supreme
10
Court Rules authorise”;
(c)
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
15
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
20
interpretation) for “House of Lords” substitute “Supreme Court”.
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
18
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”.
25
Foreign Compensation Act 1969 (c. 20)
19
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
30
of Appeal on an appeal under this section.”
Administration of Justice Act 1969 (c. 58)
20    (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
35
place substitute “Supreme Court”.
      (4)
In section 13 (leave to appeal to House of Lords)—
(a)
in the sidenote and subsection (1) for “House of Lords” in each place
substitute “Supreme Court”.
(b)
In subsection (2) for “House of Lords” and “House” in each place
40
substitute “Supreme Court”;

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
167

(c)
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”.
Taxes Management Act 1970 (c. 9)
5
21    (1)
The Taxes Management Act 1970 is amended as follows.
      (2)
In section 56 (statement of case for the opinion of the High Court)—
(a)
in subsection (8) for “House of Lords” in the first place substitute
“Supreme Court”;
(b)
for subsection (8)(a) substitute—
10
“(a)
an appeal to the Supreme Court under this subsection
lies only with the permission of the Court of Appeal
or the Supreme Court, and”;
(c)
in subsection (8)(b) and in subsection (10) for “House of Lords” in
each place substitute “Supreme Court”.
15
      (3)
In section 56A (appeals from the Special Commissioners)—
(a)
in subsections (5) and (6) for “House of Lords” in each place
substitute “Supreme Court”;
(b)
for subsection (7) substitute—
“(7)
An appeal to the Supreme Court under subsection (6) lies
20
only with the permission of the Court of Appeal or the
Supreme Court.”;
(c)
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”.
25
Administration of Justice Act 1970 (c. 31)
22
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”.
Criminal Justice Act 1972 (c. 71)
30
23
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”;
35
(b)
in subsection (4)—
(i)
for “the House of Lords” substitute “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.”
40
(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”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
168

Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))
24
In the Prosecution of Offences (Northern Ireland) Order 1972, in Article 5
(functions of the Director), in paragraph (1)(f) for “House of Lords”
substitute “Supreme Court”.
Administration of Justice Act 1973 (c. 15)
5
25
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 (c. 47)
10
26
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”.
Industry Act 1975 (c. 68)
27
In the Industry Act 1975, in Schedule 3 (arbitration) in paragraph 23(2) for
15
“House of Lords” in each place substitute “Supreme Court”.
Race Relations Act 1976 (c. 74)
28
In the Race Relations Act 1976, in section 57A (claims under section 19B in
immigration cases) in subsection (5) at the definition of “immigration
appellate body” for “House of Lords” substitute “Supreme Court”.
20
Aircraft and Shipbuilding Industries Act 1977 (c. 3)
29
In the Aircraft and Shipbuilding Industries Act 1977, in Schedule 7
(procedure etc of arbitration tribunal) in paragraph 9(2) for “House of
Lords” in each place substitute “Supreme Court”.
Judicature (Northern Ireland) Act 1978 (c. 23)
25
30    (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)—
30
(a)
in the sidenote and in subsection (1) for “House of Lords” substitute
“Supreme Court”;
(b)
in subsection (2) for “the House of Lords” in each place and “that
House” substitute “the Supreme Court”;
(c)
omit subsection (3);
35
(d)
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)—