|
| |
|
(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 |
| |
| 5 |
(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 |
| |
| |
(a) | such court-houses, offices and other accommodation as the Minister |
| |
thinks are appropriate for the Court to carry on its business; |
| 20 |
(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 |
| 25 |
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 |
| |
| |
(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 |
| |
(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. |
| |
| |
(a) | appropriate services must be provided for the Court; |
| |
|
| |
|
| |
|
(b) | the accommodation provided under section 47 must be appropriately |
| |
equipped, maintained and managed. |
| |
| |
| |
(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; |
| |
| 10 |
(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 |
| |
| 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; |
| 20 |
(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; |
| 25 |
(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; |
| 30 |
(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. |
| |
| 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 |
| |
| |
(3) | In this section “Supreme Court fees” means fees prescribed in an order under |
| 40 |
| |
|
| |
|
| |
|
| |
| |
(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— |
| 5 |
| |
(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 |
| |
52 | Records of the Supreme Court |
| |
(1) | Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) |
| |
| |
(2) | In paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) |
| 20 |
| |
“(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 |
| |
| |
“part of the United Kingdom” means England and Wales, Scotland or |
| |
| 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 |
|
| |
|
| |
|
“the Supreme Court” means the Supreme Court of the United Kingdom. |
| |
| |
(a) | “high judicial office” means office as a judge of any of the following |
| |
| |
| 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— |
| 15 |
(i) | he has ceased to be Lord Chancellor by virtue of that |
| |
| |
(ii) | he holds, or held, the qualifying office otherwise than by virtue |
| |
of that appointment as Lord Chancellor. |
| |
| 20 |
(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). |
| 30 |
| |
Judicial appointments and discipline |
| |
| |
| |
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 |
|
| |
|
| |
|
| |
| |
| |
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 |
| |
| |
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 |
| |
| |
(b) | assessing such persons for the purposes of selection. |
| 15 |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(5) | Guidance comes into force on such date as the Minister may appoint by order. |
| |
| 35 |
(a) | from time to time revise the whole or part of any guidance and re-issue |
| |
| |
(b) | by order revoke any guidance. |
| |
|
| |
|
| |
|
| |
“40-day period” in relation to the draft of any proposed guidance |
| |
| |
(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 |
| |
“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 |
| |
| |
| |
| |
(c) | President of the Queen’s Bench Division; |
| 20 |
(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. |
| |
| 35 |
(1) | On receiving a request the Commission must appoint a selection panel. |
| |
| |
(a) | determine the selection process to be applied, |
| |
(b) | apply the selection process, and |
| |
(c) | make a selection accordingly. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 30 |
(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; |
| 35 |
(b) | a person may not be appointed to the panel as the nominee of more |
| |
| |
(c) | a person appointed to the panel otherwise than as a nominee may not |
| |
| |
(12) | The first member is the chairman of the panel. |
| 40 |
(13) | On any vote by the panel the chairman of the panel has an additional, casting |
| |
vote in the event of a tie. |
| |
|
| |
|