Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 3
218

substitute—
““high judicial office” means such office within the meaning of
Part 3 of the Constitutional Reform Act 2005 or membership
of the Judicial Committee of the Privy Council;”.
Law Commissions Act 1965 (c. 22)
5
13
In section 6 of the Law Commissions Act 1965 (supplemental) for the words
from “has the same meaning” to “1887;” substitute “means such office within
the meaning of Part 3 of the Constitutional Reform Act 2005 or membership
of the Judicial Committee of the Privy Council;”.
Administration of Justice Act 1968 (c. 5)
10
14
The Administration of Justice Act 1968 ceases to have effect.
Administration of Justice Act 1973 (c. 15)
15    (1)
The Administration of Justice Act 1973 is amended as follows.
      (2)
In section 9 (judicial salaries) omit subsection (1)(a).
      (3)
In section 12 (retirement of higher judiciary in event of incapacity)—
15
(a)
in subsection (1)—
(i)
omit “as Lord of Appeal in Ordinary, or”;
(ii)
for “subsections (2) to (4)” substitute “subsection (4)”;
(b)
omit subsection (2).
Juries Act 1974 (c. 23)
20
16
In the Juries Act 1974, in Group A in Part 1 of Schedule 1 (persons ineligible:
the judiciary)—
(a)
in the entry relating to holders of high judicial office, for “the
Appellate Jurisdiction Act 1876” substitute “Part 3 of the
Constitutional Reform Act 2005”, and
25
(b)
after that entry insert the following entry—

“Members of the Judicial Committee of the Privy Council (if
not holders of high judicial office within the meaning of that
Part).”
Judicature (Northern Ireland) Act 1978 (c. 23)
30
17    (1)
The Judicature (Northern Ireland) Act 1978 is amended as follows.
      (2)
In section 7 (further assistance for transaction of judicial business) in
subsections (1)(a) and (4) for “Lord of Appeal in Ordinary” substitute “judge
of the Supreme Court”.
      (3)
In section 9 (qualifications of judges), in subsection (3)(b) for “Lord of
35
Appeal in Ordinary” substitute “judge of the Supreme Court”.
Supreme Court Act 1981 (c. 54)
18    (1)
The Supreme Court Act 1981 is amended as follows.

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 3
219

      (2)
In section 2 (the Court of Appeal), in subsection (2)(c) for “Lord of Appeal in
Ordinary” substitute “judge of the Supreme Court”.
      (3)
In section 9 (assistance for transaction of judicial business), in subsection (8)
for paragraph (a)(i) substitute—
“(i)
a judge of the Supreme Court; or”.
5
      (4)
In section 11 (tenure of offices), in subsection (4) for “Lord Chancellor or a
Lord of Appeal in Ordinary” substitute “a judge of the Supreme Court”.
      (5)
In section 13 (precedence), in subsection (1)(b) for the words “Lords of
Appeal in Ordinary” in each place substitute “judges of the Supreme Court”.
Civil Jurisdiction and Judgments Act 1982 (c. 27)
10
19
In the Civil Jurisdiction and Judgments Act 1982, in section 50
(interpretation) in the definition of “court of law” for paragraph (a)
substitute—
“(a)
the Supreme Court,”.
Courts and Legal Services Act 1990 (c. 41)
15
20
In the Courts and Legal Services Act 1990, in Schedule 11 (judges etc barred
from legal practice) for the words “Lord of Appeal in Ordinary” substitute
“Judge of the Supreme Court”.
Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 3)
21
In the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, in
20
section 31(1) (interpretation) for the definition of “high judicial office”
substitute—
““high judicial office” means such office within the meaning of
Part 3 of the Constitutional Reform Act 2005 or membership
of the Judicial Committee of the Privy Council;”.
25
Justices of the Peace Act 1997 (c. 25)
22
In section 7(2) of the Justices of the Peace Act 1997 (the supplemental list)—
(a)
in paragraph (a) omit “within the meaning of the Appellate
Jurisdiction Act 1876”, and
(b)
after paragraph (b) insert “;
30

and in this subsection “high judicial office” means such office
within the meaning of Part 3 of the Constitutional Reform Act
2005 or membership of the Judicial Committee of the Privy
Council.”.
Police Act 1997 (c. 50)
35
23
In section 91(2) of the Police Act 1997 (Commissioners for the authorisation
of action in respect of property) for “the Appellate Jurisdiction Act 1876
(c. 59)).” substitute “Part 3 of the Constitutional Reform Act 2005 or are or
have been members of the Judicial Committee of the Privy Council.”

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 3
220

Special Immigration Appeals Commission Act 1997 (c. 68)
24
In paragraph 5 of Schedule 1 to the Special Immigration Appeals
Commission Act 1997 (the Commission) for “the Appellate Jurisdiction Act
1876)” substitute “Part 3 of the Constitutional Reform Act 2005) or is or has
been a member of the Judicial Committee of the Privy Council”.
5
Terrorism Act 2000 (c. 11)
25
In paragraph 4(3)(b) of Schedule 3 to the Terrorism Act 2000 (the Proscribed
Organisations Appeal Commission) for “the Appellate Jurisdiction Act
1876)” substitute “Part 3 of the Constitutional Reform Act 2005) or is or has
been a member of the Judicial Committee of the Privy Council”.
10
Regulation of Investigatory Powers Act 2000 (c. 23)
26    (1)
The Regulation of Investigatory Powers Act 2000 is amended as follows.
      (2)
In each of—
(a)
section 57(5) (Interception of Communications Commissioner),
(b)
section 59(5) (Intelligence Services Commissioner), and
15
(c)
paragraphs 1(1)(a) and 2(2) of Schedule 3 (the Tribunal),

for “the Appellate Jurisdiction Act 1876)” substitute “Part 3 of the
Constitutional Reform Act 2005) or is or has been a member of the Judicial
Committee of the Privy Council”.
      (3)
In section 61(8)(a) (Investigatory Powers Commissioner for Northern
20
Ireland) for “the Appellate Jurisdiction Act 1876” substitute “Part 3 of the
Constitutional Reform Act 2005”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
27
In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (the
Pathogens Access Appeal Commission), in paragraph 4(3)(b) for “the
25
Appellate Jurisdiction Act 1876 (c. 59));” substitute “Part 3 of the
Constitutional Reform Act 2005) or is or has been a member of the Judicial
Committee of the Privy Council;”.
European Parliamentary Elections Act 2002 (c. 24)
28
In the European Parliamentary Elections Act 2002, in section 10
30
(disqualification) in subsection (1) omit paragraph (b) and the “or”
immediately preceding it.
Justice (Northern Ireland) Act 2002 (c. 26)
29    (1)
The Justice (Northern Ireland) Act 2002 is amended as follows.
      (2)
In each of—
35
(a)
section 8(4)(a),
(b)
section 24(4)(a), and
(c)
section 43(5)(a),

(tribunals for considering removal from certain offices) for the words from
“holds the office” to “Appellate Jurisdiction Act 1887 (c. 70))” substitute
40

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 1 — Powers to make rules
221

“holds high judicial office, within the meaning of Part 3 of the Constitutional
Reform Act 2005”.
      (3)
Omit section 18(1) (amendment of section 6 of the Appellate Jurisdiction Act
1876).
Nationality, Immigration and Asylum Act 2002 (c. 41)
5
30
In paragraph 3 of Schedule 5 to the Nationality, Immigration and Asylum
Act 2002 (President of the Immigration Appeal Tribunal) for “the Appellate
Jurisdiction Act 1876 (c. 59).” substitute “Part 3 of the Constitutional Reform
Act 2005 or is or has been a member of the Judicial Committee of the Privy
Council.”
10
Clergy Discipline Measure 2003 (2003 No. 3)
31
In the Clergy Discipline Measure 2003, in section 43(1) (interpretation) for
the definition of “high judicial office” substitute—
““high judicial office” means such office within the meaning of
Part 3 of the Constitutional Reform Act 2005 or membership
15
of the Judicial Committee of the Privy Council;”.
Part 3
Northern Ireland
Justice (Northern Ireland) Act 2002 (c. 26)
1
The Justice (Northern Ireland) Act 2002 is amended as follows.
20
2
In section 6, for the words from the beginning to “insert—” substitute “For
section 12B of the Judicature (Northern Ireland) Act 1978 substitute—”.
3
In Schedule 13 (repeals and revocations) insert in the appropriate place—

“Constitutional Reform
Sections 105 to 107.”

Act 2002

25
Schedule 15
Section 118

Repeals and revocations
Part 1
Powers to make rules

Reference
Extent of repeal or revocation

30

Courts-Martial (Appeals) Act
Section 49(3) and (4).

1968 (c. 20)

Supreme Court Act 1981 (c. 54)
Section 127(3).

Section 136(3).

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 2 — Judiciary-related functions and organisation of the courts
222

Reference
Extent of repeal or revocation

Mental Health Act 1983 (c. 20)
In section 65(3) “by the Lord Chancellor”.

County Courts Act 1984 (c. 28)
Section 38(4)(c).

Matrimonial and Family
In the second paragraph of section 40(2)—

Proceedings Act 1984 (c. 42)
(a)
in paragraph (a) “by the Lord

5

Chancellor”;

(b)
in paragraph (b) “by the President of the

Family Division with the concurrence of

the Lord Chancellor”.

Coroners Act 1988 (c. 13)
Section 32(4).

10

Part 2
Judiciary-related functions and organisation of the courts

Reference
Extent of repeal or revocation

Habeas Corpus Act 1679 (c. 2)
In section 1 “the lord chauncelior or lord keeper

of the great seale of England for the time

15

being or”.

In section 2—

(a)
“the lord chauncellour or lord keeper or”

in each place;

(b)
“lord chauncellor lord keeper”;

20

(c)
“the said lord chauncellor or lord keeper

or” in the first and second places;

(d)
“lord chauncellor or lord keeper or” in

the last place.

In section 9 “the said lord chauncellor or lord

25

keeper or”.

British Law Ascertainment Act
In section 5 “the Lord Chancellor,”.

1859 (c. 63)

Compensation (Defence) Act
Section 9(1)(a).

1939 (c. 75)

30

Agriculture Act 1947 (c. 48)
In section 108(1) “by the Minister” in the second

place.

Lands Tribunal Act 1949 (c. 42)
In section 2(9)(a) “to the Lord President of the

Court of Session or, in subsections (5) to (7),”.

Mental Health Act 1959 (c. 72)
In section 145 “or the Lord Chancellor”.

35

Administration of Justice Act
In section 14(2) “; and no such application shall

1960 (c. 65)
in any case be made to the Lord Chancellor”.

Courts Act 1971 (c. 23)
In Schedule 10, paragraphs 3 and 4.

Land Charges Act 1972 (c. 61)
In section 16(2) “of the Lord Chancellor, with

the concurrence of the Secretary of State,”.

40

Hearing Aid Council Act 1968
In section 13 “on the Lord Chancellor”.

(c. 50)

Rent (Agriculture) Act 1976
Section 26(5).

(c. 80)

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 2 — Judiciary-related functions and organisation of the courts
223

Reference
Extent of repeal or revocation

Rent Act 1977 (c. 42)
Section 142.

Domestic Proceedings and
In section 2(3), the second paragraph.

Magistrates’ Courts Act 1978

(c. 22)

5

Housing Act 1980 (c. 51)
Section 86(4) to (6).

Judicial Pensions Act 1981
In section 1 in the entry beginning “Judge of the

(c. 20)
Supreme Court” in the first column of the

table “, other than the Lord Chancellor”.

Supreme Court Act 1981 (c. 54)
Section 1(2).

10

In section 2—

(a)
subsection (2)(a);

(b)
in subsection (6) “Lord Chancellor,”.

In section 4—

(a)
subsection (1)(a);

15

(b)
in subsection (6) “Lord Chancellor,”.

In section 7 “the Lord Chancellor,”.

In section 9(2) the words after the definition of

“relevant court”.

In section 12(1) “, other than the Lord

20

Chancellor,”.

In section 44(2), “the Lord Chancellor,”.

Section 84(8).

In section 91(1)(a) “or III”.

Mental Health Act 1983 (c. 20)
In section 65(3) “by the Lord Chancellor”.

25

In section 94(1) “by the Lord Chancellor or”.

In section 96(3) “the Lord Chancellor or”.

In section 104(3) “the Lord Chancellor or” in

both places.

In section 105(2) “from any decision of the Lord

30

Chancellor or”.

Mental Health Act 1983 (c. 20)—
In section 111—

cont.
(a)
in subsection (1) “by the Lord Chancellor

or”;

(b)
in subsection (2) “the Lord Chancellor

35

or”;

(c)
in subsection (4)(a) “the Lord Chancellor

or”;

(d)
in subsection (4)(b) “the Lord

Chancellor,”.

40

In section 143(1) “or the Lord Chancellor”.

In Schedule 2, in paragraphs 4 and 6 “by the

Lord Chancellor”.

County Courts Act 1984 (c. 28)
Section 74A.

Matrimonial and Family
Section 40(5).

45

Proceedings Act 1984 (c. 42)

Housing Act 1985 (c. 68)
Section 111.

Section 181(4) and (5).

Section 572(4) to (6).

Coroners Act 1988 (c. 13)
In section 33(2)(a) “the Lord Chancellor or”.

50

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 3 — The Lord Chancellor: minor and consequential
224

Reference
Extent of repeal or revocation

Courts and Legal Services Act
Section 11(10).

1990 (c. 41)

Child Support Act 1991 (c. 48)
In section 52(1) “the Lord Chancellor,”.

Tribunals and Inquiries Act
In section 7(1) “, other than the Lord

5

1992 (c. 53)
Chancellor,”.

Judicial Pensions and
In section 26(7)—

Retirement Act 1993 (c. 8)
(a)
in paragraph (a) “, unless he is the Lord

Chancellor”;

(b)
in paragraph (b) “, unless he is the Lord

10

Chancellor”.

In Schedule 5, in the second entry “, other than

the Lord Chancellor”.

Employment Tribunals Act
In section 22(1)(a) “(other than the Lord

1996 (c. 17)
Chancellor)”.

15

Housing Act 1996 (c. 52)
Section 138(4) to (6).

Section 143N(5) to (7).

Civil Procedure Act 1997 (c. 12)
In section 3(6) “Subject to subsection (7),”.

Section 3(7).

Justices of the Peace Act 1997
In section 24(5) “by the Lord Chancellor”.

20

(c. 25)

Social Security Act 1998 (c. 14)
Section 80(3).

Criminal Justice and Court
In section 76(1) “the Lord Chancellor or”.

Services Act 2000 (c. 43)
In section 77(1) “The Lord Chancellor or”.

Nationality, Immigration and
In section 16(3)(a) “of the Lord Chancellor”.

25

Asylum Act 2002 (c. 41)

Criminal Justice Act 2003 (c. 44)
In section 330(1)(b) “on the Lord Chancellor”.

Courts Act 2003 (c. 39)
In section 64—

(a)
in subsection (2) “Vice-Chancellor”;

(b)
subsection (4)(a).

30

In section 72(6), “Subject to subsection (7),”.

Section 72(7).

Section 77(4).

In section 79(6), “Subject to subsection (7),”.

Section 79(7).

35

Section 83(3).

Section 107(6), “by the Lord Chancellor”.

Section 168(2).

Part 3
The Lord Chancellor: minor and consequential
40

Reference
Extent of repeal or revocation

Fines Act 1833 (c. 99)
The whole Act.

Promissory Oaths Act 1868
In the Schedule in Part 2 “The Lord Chancellor

(c. 72)
of Great Britain”.