Constitutional Reform Bill [HL]

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Session 2004 - 05
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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.
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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—
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(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.
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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;
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“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;
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(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;
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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;
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(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
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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.
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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.
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(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—
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(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
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(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.
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(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.
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(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.
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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.
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(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.