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
176

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
57
In the Child Support (Northern Ireland) Order 1991, in Article 28ZC
(restrictions on liability in certain cases of error) in paragraph (6) in the
definition of “the court”, for “House of Lords” substitute “Supreme Court”.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
5
58
In the Social Security Administration (Northern Ireland) Act 1992, in section
66 (restrictions on entitlement to benefit in certain cases of error) in
subsection (4) in the definition of “the court” for “House of Lords” substitute
“Supreme Court”.
Tribunals and Inquiries Act 1992 (c. 53)
10
59
In the Tribunals and Inquiries Act 1992, in section 11 (appeals from certain
tribunals) in subsection (7)(d) for “House of Lords” in each place substitute
“Supreme Court”.
Arbitration Act 1996 (c. 23)
60
In the Arbitration Act 1996, in Schedule 2 (modifications of Part 1 in relation
15
to judge-arbitrators) in paragraph 2(2) for “House of Lords” substitute
“Supreme Court”.
Criminal Procedure and Investigations Act 1996 (c. 25)
61    (1)
The Criminal Procedure and Investigations Act 1996 is amended as follows.
      (2)
In section 36 (appeals to the House of Lords), in sidenote for “House of
20
Lords” substitute “Supreme Court”.
      (3)
In section 37 (restrictions on reporting)—
(a)
in subsection (4)(c), for “House of Lords” substitute “Supreme
Court”;
(b)
in subsection (5), for “the House of Lords” and “that House” in each
25
place substitute “the Supreme Court”;
(c)
in subsections (6) and (7), for “House of Lords” substitute “Supreme
Court”.
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
62
In the Proceeds of Crime (Northern Ireland) Order 1996, in paragraph (6)(b)
30
of Article 13 (application of procedure for enforcing fines) for “House of
Lords” substitute “Supreme Court”.
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
63
In the Road Traffic Offenders (Northern Ireland) Order 1996, in Article 45
(power of appellate courts in Northern Ireland to suspend disqualification)
35
in paragraph (3) 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
177

Social Security Act 1998 (c. 14)
64
In the Social Security Act 1998, in section 27 (restrictions on entitlement to
benefit in certain cases of error), in subsection (7) in the definition of “the
court” for “House of Lords” substitute “Supreme Court”.
Competition Act 1998 (c. 41)
5
65    (1)
The Competition Act 1998 is amended as follows.
      (2)
In section 38 (the appropriate level of a penalty) for subsection (10)(d)
substitute—
“(d)
the Supreme Court.”
      (3)
In section 47A (monetary claims before Tribunal) in subsection (7)(d) for
10
“House of Lords” substitute “Supreme Court”.
      (4)
In section 58A (findings of infringements) in subsection (4)(c) for “House of
Lords” substitute “Supreme Court”.
      (5)
In Schedule 13 (transitional provisions and savings) in paragraph 10 for sub-
paragraph (6)(e) substitute—
15
“(e)
the Supreme Court.”
Human Rights Act 1998 (c. 42)
66    (1)
The Human Rights Act 1998 is amended as follows.
      (2)
In section 4 (declaration of incompatibility) in subsection (5) for paragraph
(a) substitute—
20
“(a)
the Supreme Court;”.
      (3)
In section 5 (right of Crown to intervene) in subsections (4) and (5) for
“House of Lords” in each case substitute “Supreme Court”.
      (4)
In section 6 (acts of public authorities) omit subsection (4).
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
25
67
In the Social Security (Northern Ireland) Order 1998, in Article 27 (restriction
of entitlement to benefit in certain cases of error), in paragraph (7) in the
definition of “the court” for “House of Lords” substitute “Supreme Court”.
Access to Justice Act 1999 (c. 22)
68    (1)
The Access to Justice Act 1999 is amended as follows.
30
      (2)
In section 57 (assignment of appeals to Court of Appeal) in subsection (1) for
“House of Lords” substitute “Supreme Court”.
      (3)
In Schedule 2 (community legal service: excluded services) for paragraph
2(1)(a) substitute—
“(a)
the Supreme Court,”.
35

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
178

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
69
In the Powers of Criminal Courts (Sentencing) Act 2000, in sections 132(4)
and 139(9), and in subsections (4) and (5) of section 140 (compensation order
on restoration of conviction, powers and duties of Crown Court in relation
to fines, and enforcement of fines imposed), for “House of Lords” in each
5
case substitute “Supreme Court”.
Financial Services and Markets Act 2000 (c. 8)
70
In the Financial Services and Markets Act 2000 in section 137 (appeal on a
point of law)—
(a)
in subsection (4) for paragraph (b) substitute—
10
“(b)
the Supreme Court.”;
(b)
in subsection (5) for “House of Lords” in each place substitute
“Supreme Court”.
Terrorism Act 2000 (c. 11)
71
In the Terrorism Act 2000, in section 6 (further appeal) in subsection (3) for
15
“House of Lords” substitute “Supreme Court”.
Child Support, Pensions and Social Security Act 2000 (c. 19)
72
In the Child Support, Pensions and Social Security Act 2000, in Schedule 7
(housing benefit and council tax benefit: revisions and appeals), for
paragraph 18(6)(d) substitute—
20
“(d)
the Supreme Court; or”.
Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
73
In section 2(2) of the Regulation of Investigatory Powers (Scotland) Act 2000
(persons appointed to be Surveillance Commissioners), for “Appellate
Jurisdiction Act 1876” substitute “Constitutional Reform Act 2005”.
25
Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I))
74
In the Child Support, Pensions and Social Security Act (Northern Ireland)
2000, in Schedule 7 (housing benefit: revisions and appeals), for paragraph
18(6)(c) substitute—
“(c)
the Supreme Court; or”.
30
International Criminal Court Act 2001 (c. 17)
75
In the International Criminal Court Act 2001, in section 9 (appeal against
refusal of delivery order: England and Wales) for “House of Lords” in each
place substitute “Supreme Court”.
Armed Forces Act 2001 (c. 19)
35
76
In the Armed Forces Act 2001, in section 30 (conditional release from
custody) in subsection (2)(b) 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
179

Proceeds of Crime Act 2002 (c. 29)
77    (1)
The Proceeds of Crime Act 2002 is amended as follows.
      (2)
In section 33 (appeal to House of Lords) in the sidenote and in subsections
(1) and (3) to (5) for “House of Lords” in each place substitute “Supreme
Court”.
5
      (3)
In each of sections 44 and 66 (appeal to House of Lords) in the sidenote and
subsections (1) and (3) for “House of Lords” in each place substitute
“Supreme Court”.
      (4)
In section 85 (proceedings) in subsection (6) for “House of Lords” in each
place substitute “Supreme Court”.
10
      (5)
In section 90 (procedure on appeal to the House of Lords) in sidenote and in
subsections (1) and (2) for “House of Lords” in each place substitute
“Supreme Court”.
      (6)
In section 183 (appeal to House of Lords) in sidenote and in subsections (1)
and (3) to (5) for “House of Lords” in each place substitute “Supreme Court”.
15
      (7)
In each of sections 193 and 214 (appeal to House of Lords), in the sidenote
and in subsections (1) and (3) for “House of Lords” in each place substitute
“Supreme Court”.
      (8)
In section 233 (proceedings) in subsection (6) for “House of Lords” in each
place substitute “Supreme Court”.
20
      (9)
In section 238 (procedure on appeal to the House of Lords) and in the
sidenote for that section, for “House of Lords” in each place substitute
“Supreme Court”.
Licensing Act 2003 (c. 17)
78
In the Licensing Act 2003, in section 130 (powers of appellate court to
25
suspend order under section 129), in subsection (4) for “House of Lords”
substitute “Supreme Court”.
Crime (International Co-operation) Act 2003 (c. 32)
79
In the Crime (International Co-operation) Act 2003, in sections 60(4) and
62(4) (suspension of disqualification) for “House of Lords” substitute
30
“Supreme Court”.
Courts Act 2003 (c. 39)
80    (1)
The Courts Act 2003 is amended as follows.
      (2)
In section 88 (extension of time for criminal appeals)—
(a)
in the sidenote and in subsections (1) and (4) for “House of Lords”
35
substitute “Supreme Court”;
(b)
in subsection (5)(b) for “Court” substitute “Court of Appeal”;
(c)
in subsection (6) in the inserted section 34(1A)(b) of the Criminal
Appeal Act 1968 for “Court” substitute “Court of Appeal”.
      (3)
In section 91 (extension of time for appeals from Courts-Martial Appeals
40
Court)—

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 1 — Jurisdiction transferred from the House of Lords
180

(a)
in subsection (1) for “House of Lords” substitute “Supreme Court”;
(b)
in subsection (2)(b) for “Court” substitute “Appeal Court”;
(c)
in subsection (3) in the inserted section 40(1A)(b) of the Courts-
Martial (Appeals) Act 1968 for “Court” substitute “Appeal Court”.
Extradition Act 2003 (c. 41)
5
81    (1)
The Extradition Act 2003 is amended as follows.
      (2)
In section 32 (appeal to House of Lords) in the sidenote and subsections (1),
(3), (4)(b), (6) and (8)(b) for “House of Lords” substitute “Supreme Court”.
      (3)
In section 114 (appeal to House of Lords) in the sidenote and in subsections
(1), (3), (4)(b), (6), and (8)(b) for “House of Lords” substitute “Supreme
10
Court”.
      (4)
In each of the following provisions for “House of Lords” in each place
substitute “Supreme Court”—
(a)
section 30 (detention pending conclusion of appeal under section 28);
(b)
section 33 (powers on an appeal) and the sidenote to that section;
15
(c)
section 36 (extradition following appeal);
(d)
section 43 (withdrawal of warrant while appeal pending) and the
sidenote to that section;
(e)
section 60 (costs);
(f)
section 61 (costs where discharge ordered);
20
(g)
section 107 (detention pending conclusion of appeal under section
105);
(h)
section 112 (detention pending conclusion of appeal under section
110);
(i)
section 115 (powers on appeal under section 114) and the sidenote to
25
that section;
(j)
section 118 (extradition following appeal);
(k)
section 125 (withdrawal of request while appeal pending) and the
sidenote to that section;
(l)
section 133 (costs where extradition ordered);
30
(m)
section 134 (costs where discharge ordered);
(n)
section 184 (grant of free legal aid: Northern Ireland);
(o)
section 208 (national security);
(p)
section 213 (disposal of Part 1 warrant and extradition request);
(q)
section 214 (disposal of charge).
35
      (5)
In section 185 (free legal aid: supplementary)—
(a)
in subsection (4) for “House of Lords” substitute “Supreme Court”;
(b)
in subsection (5) for the words from “allowed by” to the end
substitute “by the Supreme Court or under Supreme Court Rules.”
Criminal Justice Act 2003 (c. 44)
40
82    (1)
The Criminal Justice Act 2003 is amended as follows.
      (2)
In section 50 (application of Part 7 to Northern Ireland)—
(a)
in subsection (8) in the substituted section 47(6) for “House of Lords”
substitute “Supreme Court”;

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 2 — Devolution jurisdiction
181

(b)
in subsection (14), in the new subsection (3B) of section 41 of the
Criminal Procedure and Investigations Act 1996 as inserted by
subsection (4) of section 48A (reporting restrictions) for “House of
Lords” substitute “Supreme Court” and for “that House” in each
place substitute “the Supreme Court”;
5
(c)
in subsection (14), in subsections (5) and (6) of section 48A for
“House of Lords” substitute “Supreme Court”.
      (3)
In section 71 (restrictions on reporting)—
(a)
in subsection (3) for “House of Lords” substitute “Supreme Court”;
(b)
in subsection (4) for “House of Lords” substitute “Supreme Court”
10
and for “that House” in each place substitute “the Supreme Court”;
(c)
in subsections (5) and (6) for “House of Lords are” substitute
“Supreme Court is”.
      (4)
In section 81 (appeals), in subsection (2) in the inserted section 33(1B) of the
Criminal Appeal Act 1968 and the words before it, for “House of Lords”
15
substitute “Supreme Court”.
      (5)
In section 274 (further provision about transferred life prisoners) for “House
of Lords” in each place substitute “Supreme Court”.
      (6)
In Schedule 22 (mandatory life sentences) in paragraph 14(2), (4) and (5) for
“House of Lords” substitute “Supreme Court”.
20
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
83
In section 323(2)(a) of the Mental Health (Care and Treatment) (Scotland)
Act 2003 (suspension of decision of Mental Health Tribunal for Scotland
until expiry of time allowed to appeal), for “House of Lords” in each place
substitute “Supreme Court”.
25
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
84
In the Access to Justice (Northern Ireland) Order 2003, in Schedule 2 (civil
legal services: excluded services) in paragraph 2(a)(i) for “House of Lords”
substitute “Supreme Court”.
Part 2
30
Devolution jurisdiction
Legal Aid (Scotland) Act 1986 (c. 47)
85    (1)
The Legal Aid (Scotland) Act 1986 is amended as follows.
      (2)
In section 21(1)(c) (scope and nature of criminal legal aid), for “Judicial
Committee of the Privy Council” substitute “Supreme Court”.
35
      (3)
In section 25AB (legal aid in references, appeals or applications for special
leave to appeal), in the sidenote and in subsection (1), for “Judicial
Committee of the Privy Council” substitute “Supreme Court”.
      (4)
In Part 1 of Schedule 2 (courts in which civil legal aid is available), in
paragraph 1 for “Judicial Committee of the Privy Council” substitute
40
“Supreme Court”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 2 — Devolution jurisdiction
182

Criminal Procedure (Scotland) Act 1995 (c. 46)
86
In section 288B of the Criminal Procedure (Scotland) Act 1995 (appeal
against a determination of a devolution issue)—
(a)
in the sidenote and in subsection (1), for “Judicial Committee of the
Privy Council” substitute “Supreme Court”; and
5
(b)
in subsection (3), for “Judicial Committee” substitute “Supreme
Court”.
Government of Wales Act 1998 (c. 38)
87
The Government of Wales Act 1998 is amended as follows.
88
In Part 1 of Schedule 8 (devolution issues: preliminary) omit paragraph
10
1(2)(a) (definition of “the Judicial Committee”).
89    (1)
Part 2 of Schedule 8 (proceedings in England and Wales on devolution
issues) is amended as follows.
      (2)
In paragraph 7 (reference in civil proceedings), in sub-paragraph (2)(a) for
“House of Lords” substitute “Supreme Court”.
15
      (3)
In paragraph 9 (reference in criminal proceedings) for “House of Lords”
substitute “Supreme Court”.
      (4)
In the heading before paragraph 10 (references from Court of Appeal to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (5)
In paragraph 10 for “Judicial Committee” substitute “Supreme Court”.
20
      (6)
In the heading before paragraph 11 (appeals from superior courts to Judicial
Committee) for “Judicial Committee” substitute “Supreme Court”.
      (7)
In paragraph 11—
(a)
for “Judicial Committee” in each place substitute “Supreme Court”;
(b)
for “leave” in the first two places substitute “permission”;
25
(c)
for “concerned” substitute “from which the appeal lies”;
(d)
for “special leave” substitute “permission”.
90    (1)
Part 3 of Schedule 8 (proceedings in Scotland on devolution issues) is
amended as follows.
      (2)
In paragraph 15 (references to Inner House of Court of Session) for “House
30
of Lords” substitute “Supreme Court”.
      (3)
In the heading before paragraph 18 (references from superior courts to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 18 (references from Court of Session) for “Judicial Committee”
substitute “Supreme Court”.
35
      (5)
In paragraph 19 (references from High Court of Justiciary) for “Judicial
Committee” substitute “Supreme Court”.
      (6)
In the heading before paragraph 20 (appeals from superior courts to Judicial
Committee) for “Judicial Committee” substitute “Supreme Court”.
      (7)
In paragraph 20 (appeal from Inner House of Court of Session) for “Judicial
40
Committee” substitute “Supreme Court”.