Constitutional Reform Bill [HL]

House of Commons

Session 2004 - 05
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Part 7 — General
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(7)
This section does not prevent the disclosure of information which is already, or
has previously been, available to the public from other sources.
(8)
A contravention of this section in respect of any information is actionable,
subject to the defences and other incidents applying to actions for breach of
statutory duty.
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(9)
But it is actionable only at the suit of a person who is a subject of the
information.
112
“Enactment”
(1)
In this Act “enactment” includes—
(a)
an enactment contained in this Act;
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(b)
an enactment contained in a local, personal or private Act;
(c)
except in sections 16 and 115, an enactment contained in subordinate
legislation;

and any reference to an enactment includes a reference to an enactment
whenever passed or made.
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(2)
In section 19 “enactment” also includes an enactment contained in, or in an
instrument made under, Northern Ireland legislation.
(3)
In Part 3 “enactment” also includes—
(a)
an enactment comprised in, or in an instrument made under, an Act of
the Scottish Parliament;
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(b)
an enactment contained in, or in an instrument made under, Northern
Ireland legislation.
(4)
In sections 16 and 115 and in paragraph 3 of Schedule 6 “enactment” also
includes—
(a)
an enactment contained in Northern Ireland legislation;
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(b)
an enactment contained in a Measure of the Church Assembly or of the
General Synod of the Church of England.
113
“Subordinate legislation”
(1)
In this Act “subordinate legislation” has the same meaning as in the
Interpretation Act 1978 (c. 30).
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(2)
In sections 16 and 115 “subordinate legislation” also includes an enactment
contained in an instrument made under Northern Ireland legislation.
114
General interpretation
In this Act—
“functions” includes powers and duties;
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“the Minister” means the Lord Chancellor;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26).
115
Supplementary provision etc
(1)
The Minister may by order make—
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(a)
any supplementary, incidental or consequential provision, and
(b)
any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence
of, or for giving full effect to, any provision of this Act.
(2)
An order under this section may in particular—
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(a)
provide for any provision of this Act which comes into force before
another such provision has come into force to have effect, until that
other provision has come into force, with such modifications as are
specified in the order;
(b)
amend or repeal any of the following—
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(i)
an enactment other than one contained in an Act passed, or
Northern Ireland legislation passed or made, after the Session
in which this Act is passed;
(ii)
subordinate legislation other than subordinate legislation made
under an Act passed, or Northern Ireland legislation passed or
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made, after the Session in which this Act is passed;
(iii)
any other instrument or document, including a prerogative
instrument.
(3)
The amendments that may be made by virtue of subsection (2)(b) are in
addition to those made by or under any other provision of this Act.
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(4)
In this section “prerogative instrument” means an Order in Council, warrant,
charter or other instrument made under the prerogative.
116
Orders and regulations
(1)
Any power of a Minister of the Crown to make an order or regulations under
this Act is exercisable by statutory instrument, except where subsection (2)
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applies.
(2)
Any power of the Minister to make an order under section 16(1) or 115
amending an enactment contained in, or in an instrument made under,
Northern Ireland legislation is exercisable by statutory rule for the purposes of
the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
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(3)
A statutory instrument to which this subsection applies may not be made
unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
(4)
Subsection (3) applies to a statutory instrument which contains any of the
following—
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(a)
an order under section 74(2)(a) or (b) which amends Part 1 of Schedule
12;
(b)
an order under section 16(1) which amends a public general Act, except
where the only such amendment is the inclusion in Schedule 6 of a
function of the Lord Chancellor;
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(c)
an order under section 115 which amends a public general Act;
(d)
an order under paragraph 5 of Schedule 10.
(5)
In any other case a statutory instrument containing an order or regulations
under this Act, unless it contains only an order under section 59(5) or 120, is
subject to annulment in pursuance of a resolution of either House of
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Parliament.

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(6)
A statutory rule made under a power to which subsection (2) applies is subject
to annulment in pursuance of a resolution of either House of Parliament.
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Minor and consequential amendments
Schedule 14 (minor and consequential amendments) has effect.
118
Repeals and revocations
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The provisions listed in Schedule 15 are repealed or revoked to the extent
specified.
119
Extent
(1)
Sections 7, 8 and 9 extend to England and Wales only.
(2)
Part 5 extends to Northern Ireland only.
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(3)
Any amendment, repeal or revocation made by this Act has the same extent as
the provision to which it relates.
(4)
Subject to subsections (1) to (3), this Act extends to Northern Ireland.
120
Commencement
(1)
This Act, except the following provisions, comes into force in accordance with
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provision to be made by the Minister by order.
(2)
The provisions excepted from subsection (1) are—
(a)
section 5;
(b)
sections 112 to 116;
(c)
section 119;
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(d)
this section;
(e)
section 121.
(3)
Section 5 comes into force in accordance with provision to be made by the
Secretary of State by order.
(4)
An order by which section 20(1) comes into force at any time may not be made
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unless the Minister is satisfied that the Supreme Court will at that time be
provided with accommodation in accordance with written plans that he has
approved.
(5)
The Minister may approve plans only if, having consulted the Lords of Appeal
in Ordinary holding office at the time of the approval, he is satisfied that
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accommodation in accordance with the plans will be appropriate for the
purposes of the Court.
(6)
An order under this section may make different provision for different
purposes.
121
Short title
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(1)
This Act may be cited as the Constitutional Reform Act 2005.

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(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.