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Constitutional Reform Bill [HL]


Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

21

 

(2)   

It is for the chief executive of the Supreme Court to determine these matters

with the agreement of the Minister—

(a)   

the number of officers and staff of the Court;

(b)   

subject to subsection (3), the terms on which officers and staff are to be

appointed.

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(3)   

The civil service pension arrangements for the time being in force apply (with

any necessary adaptations) to the chief executive of the Court, and to persons

appointed under subsection (1), as they apply to other persons employed in the

civil service of the State.

(4)   

In subsection (3) “the civil service pension arrangements” means—

10

(a)   

the principal civil service pension scheme (within the meaning of

section 2 of the Superannuation Act 1972 (c. 11), and

(b)   

any other superannuation benefits for which provision is made under

or by virtue of section 1 of that Act for or in respect of persons in

employment in the civil service of the State.

15

47      

Accommodation and other resources

(1)   

The Minister must ensure that the Supreme Court is provided with the

following—

(a)   

such court-houses, offices and other accommodation as the Minister

thinks are appropriate for the Court to carry on its business;

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(b)   

such other resources as the Minister thinks are appropriate for the

Court to carry on its business.

(2)   

The Minister may discharge the duty under subsection (1) by—

(a)   

providing accommodation or other resources, or

(b)   

entering into arrangements with any other person for the provision of

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accommodation or other resources.

(3)   

The powers to acquire land for the public service conferred by—

(a)   

section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by

agreement), and

(b)   

section 228(1) of the Town and Country Planning Act 1990 (c. 8)

30

(compulsory acquisition),

   

are to be treated as including power to acquire land for the purpose of its

provision under arrangements under subsection (2)(b).

(4)   

The Scottish Ministers may make payments by way of contribution to the costs

incurred by the Minister in providing the Court with resources in accordance

35

with subsection (1)(b).

(5)   

In this section “court-house” means any place where the Court sits, including

the precincts of any building in which it sits.

48      

System to support Court in carrying on business

(1)   

The chief executive of the Supreme Court must ensure that the Court’s

40

resources are used to provide an efficient and effective system to support the

Court in carrying on its business.

(2)   

In particular—

(a)   

appropriate services must be provided for the Court;

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

22

 

(b)   

the accommodation provided under section 47 must be appropriately

equipped, maintained and managed.

Fees

49      

Fees

(1)   

The Minister may, with the agreement of the Treasury, by order prescribe fees

5

payable in respect of anything dealt with by the Supreme Court.

(2)   

An order under this section may, in particular, contain provision about—

(a)   

scales or rates of fees;

(b)   

exemptions from fees;

(c)   

reductions in fees;

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(d)   

whole or partial remission of fees.

(3)   

When including any provision in an order under this section, the Minister must

have regard to the principle that access to the courts must not be denied.

(4)   

Before making an order under this section, the Minister must consult all of the

following—

15

(a)   

the persons listed in subsection (5);

(b)   

the bodies listed in subsection (6).

(5)   

The persons referred to in subsection (4)(a) are—

(a)   

the President of the Supreme Court;

(b)   

the Lord Chief Justice of England and Wales;

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(c)   

the Master of the Rolls;

(d)   

the Lord President of the Court of Session;

(e)   

the Lord Chief Justice of Northern Ireland;

(f)   

the Lord Justice Clerk;

(g)   

the President of the Queen’s Bench Division;

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(h)   

the President of the Family Division;

(i)   

the Chancellor of the High Court.

(6)   

The bodies referred to in subsection (4)(b) are—

(a)   

the General Council of the Bar of England and Wales;

(b)   

the Law Society of England and Wales;

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(c)   

the Faculty of Advocates of Scotland;

(d)   

the Law Society of Scotland;

(e)   

the General Council of the Bar of Northern Ireland;

(f)   

the Law Society of Northern Ireland.

50      

Fees: supplementary

35

(1)   

Supreme Court fees are recoverable summarily as a civil debt.

(2)   

The Minister must take such steps as are reasonably practicable to bring

information about Supreme Court fees to the attention of persons likely to have

to pay them.

(3)   

In this section “Supreme Court fees” means fees prescribed in an order under

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section 49.

 
 

Constitutional Reform Bill [HL]
Part 3 — The Supreme Court

23

 

Annual report

51      

Annual report

(1)   

As soon as practicable after each financial year, the chief executive of the

Supreme Court must prepare a report about the business of the Supreme Court

during that year and give a copy of that report to the following persons—

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(a)   

the Minister;

(b)   

the First Minister in Scotland;

(c)   

the First Minister and the deputy First Minister in Northern Ireland;

(d)   

the Assembly First Secretary in Wales.

(2)   

The Minister must lay a copy of any report of which a copy is given under

10

subsection (1)(a) before each House of Parliament.

(3)   

Each of the following is a “financial year” for the purposes of this section—

(a)   

the period which begins with the date on which this section comes into

force and ends with the following 31 March;

(b)   

each successive period of 12 months.

15

Supplementary

52      

Records of the Supreme Court

(1)   

Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records)

is amended as follows.

(2)   

In paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a)

20

insert—

“(za)   

records of the Supreme Court of the United Kingdom;”.

53      

Proceedings under jurisdiction transferred to Supreme Court

Schedule 9 contains transitional provision relating to proceedings under

jurisdiction which is transferred to the Supreme Court by this Act from the

25

House of Lords or the Judicial Committee of the Privy Council.

54      

Interpretation of Part 3

(1)   

In this Part—

“part of the United Kingdom” means England and Wales, Scotland or

Northern Ireland;

30

“the senior judges” means—

(a)   

the judges of the Supreme Court;

(b)   

the Lord Chief Justice of England and Wales;

(c)   

the Master of the Rolls;

(d)   

the Lord President of the Court of Session;

35

(e)   

the Lord Chief Justice of Northern Ireland;

(f)   

the Lord Justice Clerk;

(g)   

the President of the Queen’s Bench Division;

(h)   

the President of the Family Division;

(i)   

the Chancellor of the High Court;

40

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 1 — Commission and Ombudsman

24

 

“the Supreme Court” means the Supreme Court of the United Kingdom.

(2)   

In this Part—

(a)   

“high judicial office” means office as a judge of any of the following

courts—

(i)   

the Supreme Court;

5

(ii)   

the Court of Appeal in England and Wales;

(iii)   

the High Court in England and Wales;

(iv)   

the Court of Session;

(v)   

the Court of Appeal in Northern Ireland;

(vi)   

the High Court in Northern Ireland;

10

   

or as a Lord of Appeal in Ordinary;

(b)   

a person appointed to the office of Lord Chancellor on or after 12 June

2003 who holds, or held, office of a kind referred to in paragraph (a)

(“the qualifying office”) is to be regarded as holding, or having held,

high judicial office only if—

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(i)   

he has ceased to be Lord Chancellor by virtue of that

appointment, and

(ii)   

he holds, or held, the qualifying office otherwise than by virtue

of that appointment as Lord Chancellor.

(3)   

In this Part—

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(a)   

“ordinary judge” means a judge of the Supreme Court who is not the

President or the Deputy President of the Court;

(b)   

the senior ordinary judge at any time is, of the ordinary judges at that

time, the one who has served longest as a judge of the Court (whether

over one or more periods and whether or not including one or more

25

previous periods as President or Deputy President).

(4)   

Service as a Lord of Appeal in Ordinary counts as service as a judge of the

Court for the purposes of subsection (3)(b).

(5)   

In this Part references to the Minister notifying a selection are to be read in

accordance with section 26(6).

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Part 4

Judicial appointments and discipline

Chapter 1

Commission and Ombudsman

55      

The Judicial Appointments Commission

35

(1)   

There is to be a body corporate called the Judicial Appointments Commission.

(2)   

Schedule 10 is about the Commission.

56      

Judicial Appointments and Conduct Ombudsman

(1)   

There is to be a Judicial Appointments and Conduct Ombudsman.

(2)   

Schedule 11 is about the Ombudsman.

40

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

25

 

Chapter 2

Appointments

General provisions

57      

Merit and good character

(1)   

Subsections (2) and (3) apply to any selection under this Part by the

5

Commission or a selection panel (“the selecting body”).

(2)   

Selection must be solely on merit.

(3)   

A person must not be selected unless the selecting body is satisfied that he is of

good character.

58      

Guidance about procedures

10

(1)   

The Minister may issue guidance about procedures for the performance by the

Commission or a selection panel of its functions of—

(a)   

identifying persons willing to be considered for selection under this

Part, and

(b)   

assessing such persons for the purposes of selection.

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(2)   

The guidance may, among other things, relate to consultation or other steps in

determining such procedures.

(3)   

The purposes for which guidance may be issued under this section include the

encouragement of diversity in the range of persons available for selection.

(4)   

The Commission and any selection panel must have regard to the guidance in

20

matters to which it relates.

59      

Guidance: supplementary

(1)   

Before issuing any guidance the Minister must—

(a)   

consult the Lord Chief Justice;

(b)   

after doing so, lay a draft of the proposed guidance before each House

25

of Parliament.

(2)   

If the draft is approved by a resolution of each House of Parliament within the

40-day period the Minister must issue the guidance in the form of the draft.

(3)   

In any other case the Minister must take no further steps in relation to the

proposed guidance.

30

(4)   

Subsection (3) does not prevent a new draft of the proposed guidance from

being laid before each House of Parliament after consultation with the Lord

Chief Justice.

(5)   

Guidance comes into force on such date as the Minister may appoint by order.

(6)   

The Minister may—

35

(a)   

from time to time revise the whole or part of any guidance and re-issue

it;

(b)   

by order revoke any guidance.

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

26

 

(7)   

In this section—

“40-day period” in relation to the draft of any proposed guidance

means—

(a)   

if the draft is laid before one House on a day later than the day

on which it is laid before the other House, the period of 40 days

5

beginning with the later day, and

(b)   

in any other case, the period of 40 days beginning with the day

on which the draft is laid before each House,

no account being taken of any period during which Parliament is

dissolved or prorogued or during which both Houses are adjourned for

10

more than 4 days;

“guidance” means guidance issued by the Minister under section 58 and

includes guidance which has been revised and re-issued.

Lord Chief Justice and Heads of Division

60      

Selection of Lord Chief Justice and Heads of Division

15

(1)   

This section applies to a recommendation for an appointment to one of the

following offices—

(a)   

Lord Chief Justice;

(b)   

Master of the Rolls;

(c)   

President of the Queen’s Bench Division;

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(d)   

President of the Family Division;

(e)   

Chancellor of the High Court.

(2)   

A recommendation may be made only under section 64.

(3)   

If the office of Lord Chief Justice is vacant, the Minister must make a

recommendation to fill the vacancy.

25

(4)   

If there is a vacancy in one of the other offices mentioned in subsection (1), the

Minister must, unless the Lord Chief Justice agrees otherwise, make a

recommendation to fill the vacancy.

(5)   

A request for the selection of a person to be recommended must be made by

the Minister to the Commission.

30

(6)   

Before making a request the Minister must consult the Lord Chief Justice.

(7)   

Subsection (6) does not apply if the request relates only to the office of Lord

Chief Justice and that office is vacant.

(8)   

Sections 61 to 66 apply where the Minister makes a request under this section.

61      

Selection process

35

(1)   

On receiving a request the Commission must appoint a selection panel.

(2)   

The panel must—

(a)   

determine the selection process to be applied,

(b)   

apply the selection process, and

(c)   

make a selection accordingly.

40

 
 

Constitutional Reform Bill [HL]
Part 4 — Judicial appointments and discipline
Chapter 2 — Appointments

27

 

(3)   

Any selection under this section or section 66 must be of one person only (but

a request may be for a selection to be made for each of a number of

appointments).

(4)   

If practicable the panel must consult, about the exercise of its functions under

this section, the current holder of the office for which a selection is to be made.

5

(5)   

A selection panel is a committee of the Commission.

62      

Selection panel

(1)   

The selection panel must consist of four members.

(2)   

The first member is the most senior England and Wales Supreme Court judge

who is not disqualified, or his nominee.

10

(3)   

Unless subsection (7) applies, the second member is the Lord Chief Justice or

his nominee.

(4)   

Unless subsection (9) applies, the third member is the chairman of the

Commission or his nominee.

(5)   

The fourth member is a lay member of the Commission designated by the third

15

member.

(6)   

Subsection (7) applies if—

(a)   

the Lord Chief Justice is disqualified, or

(b)   

there is no Lord Chief Justice.

(7)   

In those cases the most senior England and Wales Supreme Court judge who

20

is not disqualified must designate a person (but not a person who is

disqualified) as the second member.

(8)   

Subsection (9) applies if—

(a)   

there is no chairman of the Commission, or

(b)   

the chairman of the Commission is unavailable and has not nominated

25

a person under subsection (4).

(9)   

In those cases the third member is a lay member of the Commission selected by

the lay members of the Commission other than the chairman.

(10)   

Only the following may be a nominee under subsection (2) or (3) or designated

under subsection (7)—

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(a)   

an England and Wales Supreme Court judge,

(b)   

a Head of Division, or

(c)   

a Lord Justice of Appeal.

(11)   

The following also apply to nominees under this section—

(a)   

a person may not be a nominee if he is disqualified;

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(b)   

a person may not be appointed to the panel as the nominee of more

than one person;

(c)   

a person appointed to the panel otherwise than as a nominee may not

be a nominee.

(12)   

The first member is the chairman of the panel.

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(13)   

On any vote by the panel the chairman of the panel has an additional, casting

vote in the event of a tie.

 
 

 
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