Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Part 2 — Arrangements to modify the office of Lord Chancellor
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Head and Deputy Head of Family Justice
(1)
The President of the Family Division is Head of Family Justice.
(2)
The Lord Chief Justice may appoint a person to be Deputy Head of Family
Justice.
(3)
The Lord Chief Justice must not appoint a person under subsection (2) unless
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these conditions are met—
(a)
the Lord Chief Justice has consulted the Minister;
(b)
the person to be appointed is an ordinary judge of the Court of Appeal.
(4)
A person appointed as Deputy Head of Family Justice holds that office in
accordance with the terms of his appointment.
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Powers to make rules
(1)
Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.
(2)
Part 2 of the Schedule contains amendments of Acts that contain rule-making
powers.
(3)
Those amendments—
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(a)
provide for those powers to be exercised in accordance with the process
set out in Part 1 of the Schedule, and
(b)
make consequential provision.
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Powers to give directions
(1)
Part 1 of Schedule 2 sets out a process for the exercise of powers to give
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directions.
(2)
Part 2 of the Schedule contains amendments of Acts that contain powers to give
directions.
(3)
Those amendments—
(a)
provide for those powers to be exercised in accordance with the process
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set out in Part 1 of the Schedule, and
(b)
make consequential provision.
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Transfer of appointment functions to Her Majesty
Schedule 3 provides for—
(a)
Her Majesty instead of the Lord Chancellor to make appointments to
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certain offices, and
(b)
the modification of enactments relating to those offices.
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Other functions of the Lord Chancellor and organisation of the courts
Schedule 4 provides for—
(a)
the transfer of certain functions of the Lord Chancellor,
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(b)
the modification of other functions of the Lord Chancellor,
(c)
the modification of enactments relating to those functions, and
(d)
the modification of enactments relating to the organisation of the
courts.

Constitutional Reform Bill [HL]
Part 2 — Arrangements to modify the office of Lord Chancellor
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Lord Chancellor’s oath
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Lord Chancellor’s oath
(1)
In the Promissory Oaths Act 1868 (c. 72) after section 6 insert—
“6A
Lord Chancellor’s Oath
(1)
The oath set out in subsection (2) shall be tendered to and taken by the
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Lord Chancellor, after and in the same manner as the official oath, as
soon as may be after his acceptance of office.
(2)
The oath is—

“I,                         , do swear that in the office of Lord High
Chancellor of Great Britain I will respect the rule of law, defend
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the independence of the judiciary and discharge my duty to
ensure the provision of resources for the efficient and effective
support of the courts for which I am responsible.                    So
help me God.”.”
(2)
The section inserted by subsection (1) does not apply in the case of acceptance
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of office before the coming into force of this section.
Speakership of the House of Lords
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Speakership of the House of Lords
Schedule 5 contains amendments relating to the Speakership of the House of
Lords.
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Functions subject to transfer, modification or abolition
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Transfer, modification or abolition of functions by order
(1)
The Minister may by order make provision for any of these purposes—
(a)
to transfer an existing function of the Minister to another person;
(b)
to direct that an existing function of the Minister is to be exercisable
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concurrently with another person;
(c)
to direct that an existing function of the Minister exercisable
concurrently with another person is to cease to be exercisable by the
Minister;
(d)
to modify an existing function of the Minister;
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(e)
to abolish an existing function of the Minister.
(2)
An order under subsection (1) may in particular—
(a)
amend or repeal any of the following—
(i)
an enactment other than one contained in an Act passed, or
Northern Ireland legislation passed or made, after the Session
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in which this Act is passed;
(ii)
subordinate legislation other than subordinate legislation made
under an Act passed, or Northern Ireland legislation passed or
made, after the Session in which this Act is passed;
(iii)
any other instrument or document, including a prerogative
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instrument;

Constitutional Reform Bill [HL]
Part 2 — Arrangements to modify the office of Lord Chancellor
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(b)
include—
(i)
any supplementary, incidental or consequential provision, and
(ii)
any transitory, transitional or saving provision,

which the Minister considers necessary or expedient for the purposes
of, in consequence of, or for giving full effect to, provision made under
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subsection (1).
(3)
The amendments that may be made by virtue of subsection (2)(a) are in
addition to those made by or under any other provision of this Act.
(4)
An order under subsection (1) may not include provision that may be made
under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to
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transfer functions to other Ministers etc).
(5)
An order under subsection (1) may not be made in relation to any function of
the Minister that is within Schedule 6.
(6)
An order under subsection (1) may amend Schedule 6 so as to include any
function which, by virtue of provision in the order—
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(a)
becomes exercisable by the Lord Chancellor concurrently with another
person, or
(b)
is modified.
(7)
An order under subsection (1) may not, to the extent that it amends Schedule
6, be revoked by another order under subsection (1).
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(8)
In this section—
“existing function” means any function other than one that is conferred
by—
(a)
an Act passed, or Northern Ireland legislation passed or made,
after the Session in which this Act is passed, or
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(b)
subordinate legislation made under an Act passed, or Northern
Ireland legislation passed or made, after the Session in which
this Act is passed;
“prerogative instrument” means an Order in Council, warrant, charter or
other instrument made under the prerogative.
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Protected functions not transferable under Ministers of the Crown Act 1975
(1)
The Ministers of the Crown Act 1975 is amended as follows.
(2)
In section 1 (power by Order in Council to transfer functions of Ministers), after
subsection (5) insert—
“(6)
This section does not apply to the functions of the Lord Chancellor that
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are within Schedule 6 to the Constitutional Reform Act 2005.
(7)
An Order in Council under this section may amend Schedule 6 to the
Constitutional Reform Act 2005 so as to include any function which, by
virtue of provision in the Order in Council—
(a)
is transferred to the Lord Chancellor,
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(b)
becomes exercisable by the Lord Chancellor concurrently with
another person, or
(c)
remains exercisable by the Lord Chancellor but ceases to be
exercisable concurrently with another person.

Constitutional Reform Bill [HL]
Part 2 — Arrangements to modify the office of Lord Chancellor
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(8)
An Order in Council under this section may not, to the extent that it
amends Schedule 6 to the Constitutional Reform Act 2005, be revoked
by another Order in Council under this section.”
(3)
After section 5(3) (Orders under Act to be revocable) insert—
“(3A)
Subsection (3) is subject to section 1(8).”
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Amendment of Schedule 6
(1)
The Minister may by order amend Schedule 6 so as to include within that
Schedule any function of the Minister under an enactment, other than an
enactment contained in an Act passed, or Northern Ireland legislation passed
or made, after the Session in which this Act is passed.
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(2)
For the purposes of subsection (1) it does not matter whether a function of the
Minister is exercisable by him alone or concurrently with another person.
(3)
An order made under this section may not be revoked by an order made under
this section.
Supplementary
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Transfers: supplementary
(1)
This section applies where a function of the Minister is transferred to another
person (“the transferee”) by any provision of this Act or of an order under
section 16 (“the amending provision”).
(2)
Where the transferee is Her Majesty, references to the transferee in the
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following provisions of this section are to be read as references to the Minister.
(3)
The transfer does not affect the validity of anything done (or having effect as if
done) by or in relation to the Lord Chancellor before the commencement of the
amending provision.
(4)
So far as is necessary in consequence of the transfer, an enactment or
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instrument passed or made before the commencement of the provision has
effect, subject to any amendment made by the amending provision or any other
provision of this Act, as if—
(a)
a reference to the Lord Chancellor were a reference to the transferee;
(b)
a reference to the Lord Chancellor’s Department were a reference to the
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department of the transferee;
(c)
a reference to an officer of the Lord Chancellor were a reference to an
officer of the transferee.
(5)
Anything done by or in relation to the Lord Chancellor in connection with the
function has effect, so far as is necessary for continuing its effect after the
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commencement of the amending provision, as if done by or in relation to the
transferee.
(6)
Anything which relates to the function and which is in the process of being
done by or in relation to the Lord Chancellor at the commencement of the
amending provision may be continued by or in relation to the transferee.
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Constitutional Reform Bill [HL]
Part 3 — The Supreme Court
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(7)
Legal proceedings to which the Lord Chancellor is party in relation to the
function at the commencement of the amending provision may be continued
by or against the transferee.
(8)
Documents or forms printed for use in connection with the function may be
used in connection with it even though they contain (or are to be read as
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containing) references to the Lord Chancellor, his Department or an officer of
his.
(9)
For the purposes of the use of any such documents after the commencement of
the amending provision, those references are to be read as references to the
transferee, his department or an officer of his.
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Part 3
The Supreme Court
The Supreme Court
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The Supreme Court
(1)
There is to be a Supreme Court of the United Kingdom.
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(2)
The Court consists of 12 judges appointed by Her Majesty by letters patent.
(3)
Her Majesty may from time to time by Order in Council amend subsection (2)
so as to increase or further increase the number of judges of the Court.
(4)
No recommendation may be made to Her Majesty in Council to make an Order
under subsection (3) unless a draft of the Order has been laid before and
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approved by resolution of each House of Parliament.
(5)
Her Majesty may by letters patent appoint one of the judges to be President and
one to be Deputy President of the Court.
(6)
The judges other than the President and Deputy President are to be styled
“Justices of the Supreme Court”.
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(7)
The Court is to be taken to be duly constituted despite any vacancy among the
judges of the Court or in the office of President or Deputy President.
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First members of the Court
On the commencement of section 20—
(a)
the persons who immediately before that commencement are Lords of
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Appeal in Ordinary become judges of the Supreme Court,
(b)
the person who immediately before that commencement is the senior
Lord of Appeal in Ordinary becomes the President of the Court, and
(c)
the person who immediately before that commencement is the second
senior Lord of Appeal in Ordinary becomes the Deputy President of the
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Court.