Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
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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
169

(a)
in the sidenote and in subsections (1) and (2) for “House of Lords”
substitute “Supreme Court”;
(b)
omit subsections (3), (4) and (5).
      (6)
In section 43 (appeals to House of Lords from High Court) and in the
sidenote for that section, for “House of Lords” in each place substitute
5
“Supreme Court”.
      (7)
In section 44 (appeal in cases of contempt of court)—
(a)
in subsection (2)(b) for “House of Lords” substitute “Supreme
Court”;
(b)
in subsection (4) for “the House of Lords” and for “that House”
10
substitute “the Supreme Court”.
      (8)
In Schedule 1 (appeals to House of Lords in certain criminal matters)—
(a)
in the title to the Schedule, for “House of Lords” substitute “Supreme
Court”;
(b)
in paragraphs 1 and 3 to 5 for “the House of Lords” and “that House”
15
in each place substitute “the Supreme Court”, and in paragraph 1(2)
for “that court” substitute “the court below”;
(c)
in paragraph 6—
(i)
for “an order of the House of Lords” substitute “Supreme
Court Rules”;
20
(ii)
for “that House” substitute “the Supreme Court”.
Estate Agents Act 1979 (c. 38)
31
In the Estate Agents Act 1979, in section 7 (appeals) in subsection (6) for
“House of Lords” in each place substitute “Supreme Court”.
Solicitors (Scotland) Act 1980 (c. 46)
25
32    (1)
The Solicitors (Scotland) Act 1980 is amended as follows.
      (2)
In section 20(2)(a) (duty of Council of Law Society of Scotland to supply lists
of solicitors holding practising certificates), for sub-paragraph (ii)
substitute—
“(ii)
the Supreme Court;”.
30
      (3)
In section 25A (rights of audience)—
(a)
in the sidenote and in each of subsections (1)(a) and (4), for “House
of Lords” substitute “Supreme Court”; and
(b)
in subsection (4) omit the words “and the Judicial Committee of the
Privy Council” where they last occur.
35
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
33    (1)
The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.
      (2)
In section 31 (right of appeal to House of Lords)—
(a)
in subsection (1) for “House of Lords” substitute “Supreme Court”;
(b)
in subsection (2) for “the House of Lords” and “that House”
40
substitute “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
170

      (3)
In section 32 (application for leave to appeal) for “the House of Lords” and
“that House” in each place substitute “the Supreme Court”.
      (4)
In section 33 (hearing and disposal of appeal)—
(a)
omit subsections (1) and (2);
(b)
in subsection (3) for “House of Lords” substitute “Supreme Court”.
5
      (5)
In section 34 (further reference to House of Lords)—
(a)
in the sidenote, for “House of Lords” substitute “Supreme Court”;
(b)
in subsection (1) for “the House of Lords” and “that House”
substitute “the Supreme Court”;
(c)
in subsection (2)—
10
(i)
for “the House of Lords” and “the House” in each place
substitute “the Supreme Court”;
(ii)
for “the House’s” substitute “the Supreme Court’s”;
(d)
in subsection (3)—
(i)
for “the House of Lords” in the first place and “the House”
15
substitute “the Supreme Court”;
(ii)
for the words from “by such officer” to “House of Lords”
substitute “under Supreme Court Rules”.
      (6)
In section 36 (detention of defendant pending appeal by Crown) for “House
of Lords” in each place substitute “Supreme Court”.
20
      (7)
In section 37 (legal aid), in subsection (3) for the words from “by the House
of Lords” to “order of that House” substitute “under Supreme Court Rules”.
      (8)
In section 38 (presence of defendant at hearing)—
(a)
for “an order of the House of Lords” substitute “Supreme Court
Rules”;
25
(b)
for “that House” substitute “the Supreme Court”.
      (9)
In section 39 (computation of sentence) in subsection (2) for “House of
Lords” substitute “Supreme Court”.
     (10)
In section 40 (restitution of property) for “the House of Lords” and “that
House” in each place substitute “the Supreme Court”.
30
     (11)
In section 41 (costs) for “the House of Lords” and “the House” in each place
substitute “the Supreme Court”.
     (12)
In section 42 (taxation of costs)—
(a)
in subsection (2)—
(i)
for “the House of Lords” in the first place substitute “the
35
Supreme Court”;
(ii)
for the words from “by such officer” to “House of Lords”
substitute “under Supreme Court Rules”;
(b)
in subsection (3) for “the House of Lords” substitute “the Supreme
Court”.
40
     (13)
In Schedule 3 (procedural and other modifications for capital cases) in
paragraph 3 and in the italic heading preceding that paragraph for “House
of Lords” 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
171

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
34
In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act
1980, in Group A of Part 1, for paragraph (a) substitute—
“(a)
Justices of the Supreme Court or the President or Deputy
President of that Court;”.
5
Contempt of Court Act 1981 (c. 49)
35    (1)
The Contempt of Court Act 1981 is amended as follows.
      (2)
In section 16 (enforcement of fines imposed by certain superior courts) in
subsection (4) for “House of Lords” substitute “Supreme Court”.
      (3)
In section 19 (interpretation) in the definition of “Scottish proceedings” for
10
“House of Lords” substitute “Supreme Court”, and in the definition of
“superior court” after “means”, insert “the Supreme Court”, and omit the
words from “and includes” to the end.
Supreme Court Act 1981 (c. 54)
36    (1)
The Supreme Court Act 1981 is amended as follows.
15
      (2)
In section 9 (assistance for transaction of judicial business) in subsection (6A)
for “House of Lords” substitute “Supreme Court”.
      (3)
In section 16 (appeals from High Court) in subsection (1) for “House of
Lords” substitute “Supreme Court”.
      (4)
In section 28A (proceedings on case stated) in subsection (4) for “House of
20
Lords” substitute “Supreme Court”.
      (5)
In sections 54(5) and 55(4)(b) (court of civil and court of criminal division)
for “House of Lords” substitute “Supreme Court”.
      (6)
In section 58 (calling into question of incidental decisions), in subsection (2)
for “House of Lords” substitute “Supreme Court”.
25
Wildlife and Countryside Act 1981 (c. 69)
37
In the Wildlife and Countryside Act 1981, in section 31 (restoration) in
subsection (2) for “the House of Lords”, “that House” and “the House” in
each case substitute “the Supreme Court”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
30
38
In the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, in
paragraph 1(a) of Part I of Schedule 1 (proceedings for which legal aid may
be given) for “House of Lords” substitute “Supreme Court”.
Civil Jurisdiction and Judgments Act 1982 (c. 27)
39
In the Civil Jurisdiction and Judgments Act 1982, in section 6 (appeals under
35
the Lugano Convention)—
(a)
in subsection (1)(a) 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
172

(b)
in subsection (2) for “the House of Lords” and “that House”
substitute “the Supreme Court”.
Mental Health (Scotland) Act 1984 (c. 36)
40
In section 66A(4) of the Mental Health (Scotland) Act 1984 (appeal to Court
of Session against certain decisions of sheriff), for “House of Lords” in each
5
place substitute “Supreme Court”.
Prosecution of Offences Act 1985 (c. 23)
41    (1)
The Prosecution of Offences Act 1985 is amended as follows.
      (2)
In section 3 (functions of the Director), in subsection (2)(f)(ii) for “House of
Lords” substitute “Supreme Court”.
10
      (3)
In sections 16(5), 17(1)(b), and 18(2)(b) (payment of prosecution costs,
defendant’s costs orders, and award of costs on dismissal of appeal or
application) for “House of Lords” in each place substitute “Supreme Court”.
      (4)
In section 20 (regulations) at subsection (8)(b) for “House of Lords”
substitute “Supreme Court”.
15
Transport Act 1985 (c. 67)
42    (1)
The Transport Act 1985 is amended as follows.
      (2)
In section 9 (appeals against traffic regulation conditions) in subsection (9)
for “House of Lords” in each place substitute “Supreme Court”.
      (3)
In Schedule 4 (consultation, powers and proceedings of the Transport
20
Tribunal), in paragraph 14(7) for “House of Lords” substitute “Supreme
Court”, and for “that Court” substitute “the Court of Appeal or Court of
Session (as the case may be)”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
43
In section 22(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act
25
1985 (re-employment of retired judges)—
(a)
after paragraph (a) insert—
“(aa)
has held office as a Justice of the Supreme Court or as
President or Deputy President of that Court and who,
at the time of being appointed to the office in
30
question, was eligible for appointment as a judge in
the Court of Session;”; and
(b)
omit the words “, in either case,”.
Insolvency Act 1986 (c. 45)
44
In the Insolvency Act 1986, in section 277(3)(b) (petition based on criminal
35
bankruptcy order)—
(a)
for “House of Lords” substitute “Supreme Court”;
(b)
for the words from “section 40(5)” to the end of the section substitute

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
173

“subsection (4).
(4)
For the purposes of subsection (3)(b) an appeal to the
Supreme Court shall be treated as pending until any
application for leave to appeal is disposed of and, if leave to
appeal is granted, until the appeal is disposed of; and for the
5
purposes of this subsection an application for leave to appeal
shall be treated as disposed of at the expiration of the time
within which it may be made, if it is not made within that
time.”
Legal Aid (Scotland) Act 1986 (c. 47)
10
45
In the Legal Aid (Scotland) Act 1986, in Part 1 of Schedule 2 (courts in which
civil legal aid is available), for “House of Lords” substitute “Supreme Court”.
Criminal Justice Act 1987 (c. 38)
46
In the Criminal Justice Act 1987, in section 11 (restrictions on reporting)—
(a)
in subsection (5)(c) for “House of Lords” substitute “Supreme
15
Court”;
(b)
in subsection (6)—
(i)
for “The House of Lords” substitute “The Supreme Court”;
(ii)
for “that House” substitute “the Supreme Court”;
(c)
in subsections (7) and (8) for “House of Lords” in each place
20
substitute “Supreme Court”.
Income and Corporation Taxes Act 1988 (c. 1)
47    (1)
The Income and Corporation Taxes Act 1988 is amended as follows.
      (2)
In section 705A (statement of case by tribunal)—
(a)
in subsection (8) for “House of Lords” in each place substitute
25
“Supreme Court”;
(b)
in subsection (9—
(i)
for “House of Lords” substitute “Supreme Court”;
(ii)
for the words from “unless leave has been given” to the end
of the subsection substitute “except with the leave of the
30
Court of Appeal or of the Supreme Court.”;
(c)
in subsection (12) for “House of Lords” substitute “Supreme Court”.
      (3)
In section 705B (proceedings in Northern Ireland), in subsection (2) for
“House of Lords” substitute “Supreme Court”.
Criminal Justice Act 1988 (c. 33)
35
48    (1)
The Criminal Justice Act 1988 is amended as follows.
      (2)
In section 36 (reviews of sentencing)—
(a)
in subsection (5)—
(i)
for “the House of Lords for their opinion” substitute “the
Supreme Court for its opinion”;
40

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
174

(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 “deal itself with the case.”;
5
(b)
in subsection (6) for “the House of Lords” and “that House” in each
place substitute “the Supreme Court”;
(c)
in subsection (7) for “House of Lords” substitute “Supreme Court”.
      (3)
In Schedule 3 (reviews of sentencing - supplementary)—
(a)
in paragraphs 4 and 5 for the words “House of Lords” in each place
10
substitute “Supreme Court”;
(b)
in paragraph 9 for “the House of Lords” and “the House” in each
place substitute “the Supreme Court”;
(c)
in paragraph 10 for “House of Lords” substitute “Supreme Court”;
(d)
in paragraph 11—
15
(i)
for “the House of Lords” in the first place substitute “the
Supreme Court”;
(ii)
for “the Court or the House” substitute “the Court of Appeal
or the Supreme Court”;
(iii)
for “such officer as may be prescribed by order of the House
20
of Lords” substitute “under Supreme Court Rules”.
Court of Session Act 1988 (c. 36)
49    (1)
The Court of Session Act 1988 is amended as follows.
      (2)
In section 24 (appeals in exchequer cases), in the sidenote and in subsection
(1), for “House of Lords” substitute “Supreme Court”.
25
      (3)
In section 27(5) (special cases), for “House of Lords” substitute “Supreme
Court”.
      (4)
In section 32(5) (appeals from sheriff on matters of law only), for “House of
Lords” substitute “Supreme Court”.
      (5)
In the heading before section 40, for “House of Lords” substitute “Supreme
30
Court”.
      (6)
In section 40 (appealable interlocutors)—
(a)
in subsection (1), for “House of Lords” in each place substitute
“Supreme Court”;
(b)
in subsection (2)—
35
(i)
for “the Court” in each place substitute “the Inner House”;
and
(ii)
for “House of Lords” in each place substitute “Supreme
Court”; and
(c)
in each of subsections (3) and (4), for “House of Lords” substitute
40
“Supreme Court”.
      (7)
In section 41 (interim possession, execution and expenses), in subsections (1)
and (2), for “House of Lords” in each place substitute “Supreme Court”.
      (8)
In section 42 (order on payment of interest) and in its sidenote, for “House
of Lords” substitute “Supreme Court”.
45

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
175

      (9)
In section 43 (interest and expenses where appeal dismissed for want of
prosecution), for “House of Lords” substitute “Supreme Court”.
     (10)
In section 52(3) (appeals relating to estate duty), for “House of Lords”
substitute “Supreme Court”.
Road Traffic Offenders Act 1988 (c. 53)
5
50
In the Road Traffic Offenders Act 1988, in section 40 (power of appellate
courts in England and Wales to suspend disqualification) in subsection (3)
for “House of Lords” substitute “Supreme Court”.
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
51
In the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, in
10
Article 10 (restrictions on reporting)—
(a)
in paragraph (5)(c), for “House of Lords” substitute “Supreme
Court”;
(b)
in paragraph (6), for “the House of Lords” and “that House” in each
place substitute “the Supreme Court”;
15
(c)
in paragraphs (7) and (8), for “House of Lords” in each place
substitute “Supreme Court”.
Extradition Act 1989 (c. 33)
52
In section 10 of the Extradition Act 1989 (statement of case by court) for
“House of Lords” in each place substitute “Supreme Court”.
20
New Roads and Street Works Act 1991 (c. 22)
53
In the New Roads and Street Works Act 1991, in section 158 (arbitration) in
subsections (2) and (3) for “House of Lords” in each place substitute
“Supreme Court”.
Child Support Act 1991 (c. 48)
25
54
In the Child Support Act 1991, in section 28ZC (restrictions on liability in
certain cases of error) in subsection (6) in the definition of “the court”, for
“House of Lords” substitute “Supreme Court”.
Water Resources Act 1991 (c. 57)
55
In the Water Resources Act 1991, in Schedule 14 (orders transferring main
30
river functions) in paragraph 5(3), and in Schedule 16 (schemes imposing
special drainage charges) in paragraph 8(3), for “House of Lords” in each
place substitute “Supreme Court”.
Land Drainage Act 1991 (c. 59)
56
In the Land Drainage Act 1991, in Schedule 3 (procedure with respect to
35
certain orders), in paragraph 7(3) for “House of Lords” substitute “Supreme
Court”.