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 2 — Devolution jurisdiction
183

      (8)
In paragraph 21 (other appeals from superior courts)—
(a)
for “House of Lords” substitute “Supreme Court apart from this
paragraph”;
(b)
for “Judicial Committee” in each place substitute “Supreme Court”;
(c)
for “leave” in the first two places substitute “permission”;
5
(d)
for “concerned” substitute “from which the appeal lies”;
(e)
for “special leave” substitute “permission”.
91    (1)
Part 4 of Schedule 8 (proceedings in Northern Ireland on devolution issues)
is amended as follows.
      (2)
In paragraph 25 (reference to Court of Appeal) for “House of Lords”
10
substitute “Supreme Court”.
      (3)
In the heading before paragraph 27 (references from Court of Appeal to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 27 for “Judicial Committee” substitute “Supreme Court”.
      (5)
In the heading before paragraph 28 (appeals from Court of Appeal to
15
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (6)
In paragraph 28—
(a)
for “Judicial Committee” in each place substitute “Supreme Court”;
(b)
for “leave” in the first two places substitute “permission”;
(c)
for “special leave” substitute “permission”.
20
92    (1)
Part 5 of Schedule 8 (devolution issues: general) is amended as follows.
      (2)
Omit paragraph 29 (proceedings in the House of Lords) and the heading
before it.
      (3)
In the heading before paragraph 30 (direct references to Judicial Committee)
for “Judicial Committee” substitute “Supreme Court”.
25
      (4)
In paragraph 30 (law officer requiring court or Assembly to refer devolution
issue), in sub-paragraph (1) for “Judicial Committee” substitute “Supreme
Court”.
      (5)
In paragraph 31 (Attorney General or Assembly referring devolution issue),
in sub-paragraph (1) for “Judicial Committee” substitute “Supreme Court”.
30
      (6)
Omit paragraphs 32 to 34 (proceedings before the Judicial Committee) and
the heading before paragraph 32.
Scotland Act 1998 (c. 46)
93
The Scotland Act 1998 is amended as follows.
94
In section 15 (disqualification from membership of the Parliament) in
35
subsection (1) omit paragraph (c).
95
In section 32 (submission of Bills for Royal Assent)—
(a)
in subsection (2)(b) for “Judicial Committee” substitute “Supreme
Court”;
(b)
in subsection (3)(a) for “Judicial Committee have” substitute
40
“Supreme Court has”;
(c)
in subsection (4) omit the definition of “Judicial Committee”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 2 — Devolution jurisdiction
184

96    (1)
In the sidenote to section 33 (scrutiny of Bills by the Judicial Committee) for
“Judicial Committee” substitute “Supreme Court”.
      (2)
In subsection (1) of that section for “Judicial Committee” substitute
“Supreme Court”.
97
In section 34 (ECJ references), in subsection (1)(b) for “Judicial Committee”
5
substitute “Supreme Court”.
98
In section 35 (power of Secretary of State to intervene in certain cases), in
subsection (3)(c) for “Judicial Committee” substitute “Supreme Court”.
99
In section 36 (stages of Bills), in subsection (4) for “Judicial Committee
decide” substitute “Supreme Court decides”.
10
100
In section 95 (appointment and removal of judges)—
(a)
for subsection (9)(b) substitute—
“(b)
for the appointment to chair the tribunal of a member
of the Judicial Committee of the Privy Council who
holds or has held high judicial office,”;
15
(b)
in subsection (11), before the definition of “provision” insert—
““high judicial office” has the meaning given by section
54 of the Constitutional Reform Act 2005,”.
101
Omit section 103 (proceedings before the Judicial Committee).
102
In section 127 (index of defined expressions) omit the entry for “Judicial
20
Committee”.
103   (1)
Part 2 of Schedule 6 (proceedings in Scotland on devolution issues) is
amended as follows.
      (2)
In paragraph 7 (references to Inner House of Court of Session) for “House of
Lords” substitute “Supreme Court”.
25
      (3)
In the heading before paragraph 10 (references from superior courts to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 10 (references from Court of Session) for “Judicial Committee”
substitute “Supreme Court”.
      (5)
In paragraph 11 (references from High Court of Justiciary) for “Judicial
30
Committee” substitute “Supreme Court”.
      (6)
In the heading before paragraph 12 (appeals from superior courts to Judicial
Committee) for “Judicial Committee” substitute “Supreme Court”.
      (7)
In paragraph 12 (appeal from Inner House of Court of Session) for “Judicial
Committee” substitute “Supreme Court”.
35
      (8)
In paragraph 13 (other appeals from superior courts)—
(a)
for “House of Lords” substitute “Supreme Court apart from this
paragraph”;
(b)
for “Judicial Committee” in each place substitute “Supreme Court”;
(c)
for “leave” in the first two places substitute “permission”;
40
(d)
for “concerned” substitute “from which the appeal lies”;
(e)
for “special leave” substitute “permission”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 2 — Devolution jurisdiction
185

104   (1)
Part 3 of Schedule 6 (proceedings in England and Wales on devolution
issues) is amended as follows.
      (2)
In paragraph 19 (reference in civil proceedings), in sub-paragraph (2)(a) for
“House of Lords” substitute “Supreme Court”.
      (3)
In paragraph 21 (reference in criminal proceedings), for “House of Lords”
5
substitute “Supreme Court”.
      (4)
In the heading before paragraph 22 (references from Court of Appeal to
Judicial Committee), for “Judicial Committee” substitute “Supreme Court”.
      (5)
In paragraph 22, for “Judicial Committee” substitute “Supreme Court”.
      (6)
In the heading before paragraph 23 (appeals from superior courts to Judicial
10
Committee) for “Judicial Committee” substitute “Supreme Court”.
      (7)
In paragraph 23—
(a)
for “Judicial Committee” in each place substitute “Supreme Court”;
(b)
for “leave” in the first two places substitute “permission”;
(c)
for “special leave” substitute “permission”.
15
105   (1)
Part 4 of Schedule 6 (proceedings in Northern Ireland on devolution issues)
is amended as follows.
      (2)
In paragraph 28 (reference to Court of Appeal) for “House of Lords”
substitute “Supreme Court”.
      (3)
In the heading before paragraph 30 (references from Court of Appeal to
20
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 30 for “Judicial Committee” substitute “Supreme Court”.
      (5)
In the heading before paragraph 31 (appeals from Court of Appeal to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (6)
In paragraph 31—
25
(a)
for “Judicial Committee” in each place substitute “Supreme Court”;
(b)
for “leave” in the first two places substitute “permission”;
(c)
for “special leave” substitute “permission”.
106   (1)
Part 5 of Schedule 6 (devolution issues: general) is amended as follows.
      (2)
Omit paragraph 32 (proceedings in the House of Lords) and the heading
30
before it.
      (3)
In the heading before paragraph 33 (direct references to Judicial Committee)
for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 33 (law officer requiring court to refer devolution issue) for
“Judicial Committee” substitute “Supreme Court”.
35
      (5)
In paragraph 34 (law officer referring devolution issues) for “Judicial
Committee” substitute “Supreme Court”.
107
In Schedule 7 (procedure for subordinate legislation), in the table under
paragraph 1(2) omit the entry relating to section 103(3)(a) and (b).

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 2 — Devolution jurisdiction
186

Northern Ireland Act 1998 (c. 47)
108
The Northern Ireland Act 1998 is amended as follows.
109   (1)
In the sidenote to section 11 (scrutiny of Bills by the Judicial Committee) for
“Judicial Committee” substitute “Supreme Court”.
      (2)
In subsection (1) of that section for “Judicial Committee” substitute
5
“Supreme Court”.
      (3)
In subsection (4) of that section—
(a)
for “Judicial Committee decide” substitute “Supreme Court
decides”;
(b)
for “their decision” substitute “its decision”.
10
110
In section 12 (reconsideration where reference made to ECJ), in subsection
(1)(b) for “Judicial Committee” substitute “Supreme Court”.
111
In section 13 (stages of Bills), in subsection (5)(a) for “Judicial Committee
decide” substitute “Supreme Court decides”.
112
In section 14 (submission by Secretary of State of Bills for Royal Assent)—
15
(a)
in subsection (2)(b) for “Judicial Committee” substitute “Supreme
Court”;
(b)
in subsection (3)(a) for “Judicial Committee have” substitute
“Supreme Court has”.
113
Omit section 82 (proceedings before the Judicial Committee).
20
114
In section 98 (interpretation), in subsection (1) omit the entry for “Judicial
Committee”.
115   (1)
Part 2 of Schedule 10 (proceedings in Northern Ireland on devolution issues)
is amended as follows.
      (2)
In paragraph 7 (reference to Court of Appeal) for “House of Lords”
25
substitute “Supreme Court”.
      (3)
In the heading before paragraph 9 (references from Court of Appeal to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 9 for “Judicial Committee” substitute “Supreme Court”.
      (5)
In the heading before paragraph 10 (appeals from Court of Appeal to
30
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (6)
In paragraph 10—
(a)
for “Judicial Committee” in each place substitute “Supreme Court”;
(b)
for “leave” in the first two places substitute “permission”;
(c)
for “special leave” substitute “permission”.
35
116   (1)
Part 3 of Schedule 10 (proceedings in England and Wales on devolution
issues) is amended as follows.
      (2)
In paragraph 16 (reference in civil proceedings), in sub-paragraph (2)(a) for
“House of Lords” substitute “Supreme Court”.
      (3)
In paragraph 18 (reference in criminal proceedings) for “House of Lords”
40
substitute “Supreme Court”.

Constitutional Reform Bill [HL]
Schedule 8 — Amendments relating to jurisdiction of the Supreme Court
Part 2 — Devolution jurisdiction
187

      (4)
In the heading before paragraph 19 (references from Court of Appeal to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
      (5)
In paragraph 19 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”.
5
      (7)
In paragraph 20—
(a)
for “Judicial Committee” in each place substitute “Supreme Court”;
(b)
for “leave” in the first two places substitute “permission”;
(c)
for “special leave” substitute “permission”.
117   (1)
Part 4 of Schedule 10 (proceedings in Scotland on devolution issues) is
10
amended as follows.
      (2)
In paragraph 25 (references to Inner House of Court of Session) for “House
of Lords” substitute “Supreme Court”.
      (3)
In the heading before paragraph 28 (references from superior courts to
Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
15
      (4)
In paragraph 28 (references from Court of Session) for “Judicial Committee”
substitute “Supreme Court”.
      (5)
In paragraph 29 (references from High Court of Justiciary) for “Judicial
Committee” substitute “Supreme Court”.
      (6)
In the heading before paragraph 30 (appeals from superior courts to Judicial
20
Committee) for “Judicial Committee” substitute “Supreme Court”.
      (7)
In paragraph 30 (appeal from Inner House of Court of Session) for “Judicial
Committee” substitute “Supreme Court”.
      (8)
In paragraph 31 (appeal from other superior courts)—
(a)
for “House of Lords” substitute “Supreme Court apart from this
25
paragraph”;
(b)
for “Judicial Committee” in each place substitute “Supreme Court”;
(c)
for “leave” in the first two places substitute “permission”;
(d)
for “special leave” substitute “permission”.
118   (1)
Part 5 of Schedule 10 (devolution issues: general) is amended as follows.
30
      (2)
Omit paragraph 32 (proceedings in the House of Lords) and the heading
before it.
      (3)
In the heading before paragraph 33 (direct references to the Judicial
Committee) for “Judicial Committee” substitute “Supreme Court”.
      (4)
In paragraph 33 (law officers etc requiring court to refer devolution issue)
35
for “Judicial Committee” substitute “Supreme Court”.
      (5)
In paragraph 34 (law officers etc referring devolution issue) for “Judicial
Committee” substitute “Supreme Court”.
      (6)
In paragraph 39 (bail and legal aid in criminal proceedings), in sub-
paragraphs (2) to (4)—
40
(a)
for “Court” in each place substitute “Court of Appeal”;

Constitutional Reform Bill [HL]
Schedule 9 — Proceedings under jurisdiction transferred to Supreme Court
188

(b)
for “Judicial Committee” and “Committee” substitute “Supreme
Court”.
119
In paragraph 40 (application of paragraph 39 in particular circumstances), in
sub-paragraphs (a) and (b)—
(a)
for “Judicial Committee” and “Committee” in each place substitute
5
“Supreme Court”;
(b)
for “Court” substitute “Court of Appeal”.
Schedule 9
Section 53

Proceedings under jurisdiction transferred to Supreme Court
Interpretation
10
1     (1)
In this Schedule “transferred jurisdiction” means any jurisdiction of—
(a)
the House of Lords, or
(b)
the Judicial Committee of the Privy Council,

that is transferred to the Supreme Court by virtue of this Act.
      (2)
In relation to transferred jurisdiction—
15
“original court” means (as appropriate)—
(a)
the House of Lords, or
(b)
the Judicial Committee of the Privy Council;
“transfer day” means the day when the jurisdiction is transferred to the
Supreme Court.
20
2
In this Schedule “transferred proceedings” means proceedings which were
begun before the transfer day in the original court under transferred
jurisdiction.
Proceedings
3     (1)
As from the transfer day, transferred proceedings may be continued in the
25
Supreme Court as if they had been begun in that court.
      (2)
This paragraph is subject to Supreme Court Rules (whether made before or
after the transfer date).
4     (1)
Anything done in accordance with the rules of the original court in relation
to transferred proceedings is, after the transfer day, to be treated as if it had
30
been done in accordance with any Supreme Court Rules applicable to
corresponding proceedings in the Supreme Court.
      (2)
This paragraph is subject to Supreme Court Rules (whether made before or
after the transfer date).
5     (1)
Any act, judgment or order of the original court in the transferred
35
proceedings is to have the same effect after the transfer day as if it had been
an act, judgment or order of the Supreme Court in corresponding
proceedings in that Court.
      (2)
Accordingly, after the transfer day, further proceedings may be taken in the
Supreme Court in respect of such an act, judgment or order.
40

Constitutional Reform Bill [HL]
Schedule 9 — Proceedings under jurisdiction transferred to Supreme Court
189

Fees
6     (1)
This paragraph applies to any fee due under the rules of the original court in
relation to transferred proceedings which was unpaid on the transfer day.
      (2)
As from the transfer day, the fee is payable as if it were due under the
corresponding Supreme Court Rules.
5
Funds
7     (1)
This paragraph applies to the investments and money which constitute the
funds in court of—
(a)
the House of Lords, or
(b)
the Judicial Committee of the Privy Council,
10

that are held in relation to transferred proceedings.
      (2)
On the transfer day the investments and money are, by virtue of this
paragraph and without any transfer or assignment, vested in the accounting
officer as funds in the Supreme Court.
      (3)
In dealing with any investments and money vested in him by virtue of this
15
paragraph, the accounting officer must comply with any directions which
the Minister may give with a view to securing the transition of the
administration of the funds in court referred to in sub-paragraph (1).
8     (1)
The transfer of any investments and money under paragraph 7 does not
affect the right of any person in or to any thing so transferred.
20
      (2)
Any such right may be enforced from the transfer day as if it had always
been a right in respect of funds in the Supreme Court.
9     (1)
This paragraph applies to a liability of the House of Lords or the Judicial
Committee of the Privy Council if the following conditions are met—
(a)
the liability is in respect of sums which at one time formed part of
25
funds in court held in relation to proceedings under transferred
jurisdiction but which ceased to do so before the transfer day;
(b)
the liability is outstanding immediately before the transfer day.
      (2)
On the transfer day the liability is, by virtue of this paragraph and without
any transfer or assignment, vested in the accounting officer.
30
      (3)
Any amounts required to meet any such liability are to be paid out of the
Consolidated Fund to the accounting officer.
10
In paragraphs 7 and 9 “accounting officer” means the person who, in the
view of the President of the Supreme Court, carries out duties in relation to
that court that correspond as nearly as possible to the duties carried out in
35
relation to the Supreme Court of England and Wales by the Accountant-
General of that court.