cwh0103.351-357

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
351

Constitutional Reform Bill–[ [], continued

Clause, as amended, Agreed to.

Clause 48 Agreed to.

Mr Christopher Leslie

Agreed to  123

Clause  49,  page  22,  line  5,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  124

Clause  49,  page  22,  line  12,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  125

Clause  49,  page  22,  line  14,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  126

Clause  50,  page  22,  line  37,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Agreed to  127

Clause  51,  page  23,  line  6,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  128

Clause  51,  page  23,  line  10,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

Mr Christopher Leslie

Not selected  643

Page  23,  line  17,  leave out Clause 52.

Clause Disagreed to.

Committee of the whole House Proceedings: 1st March 2005
352

Constitutional Reform Bill–[ [], continued

Clause 53 Agreed to.

Mr Christopher Leslie

Agreed to  129

Schedule  9,  page  189,  line  17,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  649

Schedule  9,  page  189,  line  36,  leave out ‘Supreme Court’ and insert ‘Senior

Courts’.

Mr Christopher Leslie

Agreed to  650

Schedule  9,  page  189,  line  37,  leave out ‘that court’ and insert ‘those courts’.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  349

Page  188,  line  8,  leave out Schedule 9.

Schedule, as amended, Agreed to.

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  333

Clause  54,  page  24,  line  20,  leave out subsections (3) and (4).

Mr Christopher Leslie

Agreed to  130

Clause  54,  page  24,  line  29,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Clause, as amended, Agreed to.

remaining new clauses relating to part 3

Seal

Mr Christopher Leslie

Added  NC31

To move the following Clause:—

‘(1)
The Supreme Court is to have an official seal.

Committee of the whole House Proceedings: 1st March 2005
353

Constitutional Reform Bill–[ [], continued

(2)
Every document purporting to be sealed with the official seal of the Supreme

Court is to be received in evidence in all parts of the United Kingdom without

further proof.’.

Records of the Supreme Court

Mr Christopher Leslie

Added  NC43

To move the following Clause:—

‘(1)
The Public Records Act 1958 (c. 51) is amended as follows.

(2)
In section 8 (court records)—

(a)
in subsection (1) after “such records” insert “other than records of the

Supreme Court,”;

(b)
after subsection (1) insert—

“(1A)
Records of the Supreme Court for which the Lord Chancellor is

responsible under subsection (1) shall be in the custody of the

chief executive of that court.”

(3)
In Schedule 1 (definition of public records), in paragraph 4 (records of courts and

tribunals), before sub-paragraph (1)(a) insert—

“(za)
records of the Supreme Court;”.’.

Renaming of Supreme Courts of England and Wales and Northern Ireland

Mr Christopher Leslie

Added  NC44

To move the following Clause:—

‘(1)
The Supreme Court of England and Wales is renamed the Senior Courts of

England and Wales.

(2)
The Supreme Court of Judicature of Northern Ireland is renamed the Court of

Judicature of Northern Ireland.

(3)
The Northern Ireland Supreme Court Rules Committee is renamed the Northern

Ireland Court of Judicature Rules Committee.

(4)
Any reference in an enactment, instrument or other document to a court or

committee renamed by this section is to be read, so far as necessary for continuing

its effect, as a reference to the Senior Courts, the Court of Judicature or the

Northern Ireland Court of Judicature Rules Committee (as the case may be).

(5)
Schedule (Renaming of the Supreme Courts of England and Wales and Northern

Ireland) (which makes amendments in connection with the renaming) has effect.

(6)
Unless otherwise provided, amendments made by an enactment (A) (whether or

not in force) to another enactment (B)—

(a)
are not included in references in that Schedule to enactment A;

Committee of the whole House Proceedings: 1st March 2005
354

Constitutional Reform Bill–[ [], continued

(b)
are included in references in that Schedule to enactment B.’.

Appointment of Lords of Appeal in Ordinary

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  nc6

To move the following Clause:—

‘(1)
Section 6 of the Appellate Jurisdiction Act 1876 (39 & 40 Vict. c. 59)

(appointment of Lords of Appeal in Ordinary by Her Majesty) is amended as

follows.

(2)
After ‘unless’ insert—

“(1)
he has been recommended for appointment in accordance with section 23

of the Constitutional Reform Act 2005 (selection of Lords of Appeal in

Ordinary); and

(2)
”.’.

Conferment of life peerages on judges of the Supreme Court

Mr Oliver Heald

Mr Dominic Grieve

Mr Jonathan Djanogly

Not selected  nc7

To move the following Clause:—

‘Nothing in this Act shall prevent the conferment of a life peerage on a judge of

the Supreme Court.’.

New Schedule Relating to Part 3

Mr Christopher Leslie

Added  NS3

To move the following Schedule:—

‘Renaming of the Supreme Courts of England and Wales and Northern

Ireland

Part 1

Citation of Acts and Rules

Committee of the whole House Proceedings: 1st March 2005
355

Constitutional Reform Bill–[ [], continued

1      (1)
The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts

Act 1981.

      (2)
For the words “Supreme Court Act 1981” wherever they occur in any

enactment substitute “Senior Courts Act 1981”.

2      (1)
The Supreme Court (Offices) Act 1997 (c. 69) may be cited as the Senior

Courts (Offices) Act 1997.

      (2)
For the words “Supreme Court (Offices) Act 1997” wherever they occur

in any enactment substitute “Senior Courts (Offices) Act 1997”.

3      (1)
The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

(S.R. 1980/346) may be cited as the Rules of the Court of Judicature

(Northern Ireland) (Revision) 1980.

      (2)
For the words “Rules of the Supreme Court (Northern Ireland) (Revision)

1980” wherever they occur in any enactment substitute “Rules of the

Court of Judicature (Northern Ireland) (Revision) 1980”.

      (3)
The Rules of the Supreme Court (Northern Ireland) 1980 may be cited as

the Rules of the Court of Judicature (Northern Ireland) 1980.

      (4)
For the words “Rules of the Supreme Court (Northern Ireland)

1980”wherever they occur in any enactment substitute “Rules of the

Court of Judicature (Northern Ireland) 1980”.

Part 2

Miscellaneous amendments: Supreme Court of England and Wales

1      (1)
In each of the enactments listed in sub-paragraph (3) for “Supreme

Court” or “Supreme Court of Judicature” in each place substitute “Senior

Courts”.

      (2)
This paragraph does not apply to those words—

(a)
in the short title or title of any enactment or group of enactments,

(b)
where they are amended by paragraph 3 or 5 of this Schedule, or

(c)
(unless otherwise provided) as inserted by any other provision of

this Act.

      (3)
The enactments amended are—


the Bills of Sale Act 1878 (c. 31), sections 10, 13 and 17


the Sheriffs Act 1887 (c. 55)


the Public Trustee Act 1906 (c. 55)


the Deeds of Arrangement Act 1914 (c. 47)


the Law of Property Act 1922 (c. 16)


the Settled Land Act 1925 (c. 18)


the Trustee Act 1925 (c. 19)


the Law of Property Act 1925 (c. 20)


the Universities and College Estates Act 1925 (c. 24)


the Registered Designs Act 1949 (c. 88)


the Justices of the Peace Act 1949 (c. 101)


the Mines and Quarries Act 1954 (c. 70)


the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 75L


the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), section 75L


the Naval Discipline Act 1957 (c. 53), section 47M


the Public Records Act 1958 (c. 51)


the Administration of Justice Act 1965 (c. 2), including any

amendment to—

Committee of the whole House Proceedings: 1st March 2005
356

Constitutional Reform Bill–[ [], continued

(i)
the Defence Act 1842 (c. 94)

(ii)
the Lands Clauses Consolidation Act 1845 (c. 18)

(iii)
the Consolidated Fund (Permanent Charges

Redemption) Act 1873 (c. 57)

(iv)
the Life Insurance Companies (Payment into Court) Act

1896 (c. 8)


the Gas Act 1965 (c. 36)


the Compulsory Purchase Act 1965 (c. 56)


the Mines (Working Facilities and Support) Act 1966 (c. 4)


the Courts Act 1971 (c. 23)


the Local Government Act 1972 (c. 70)


the House of Commons Disqualification Act 1975 (c. 24)


the Northern Ireland Assembly Disqualification Act 1975 (c. 25)


the Bail Act 1976 (c. 63) (subject to any repeal contained in the

Courts Act 2003 (c. 39))


the Magistrates’ Courts Act 1980 (c. 43), section 144(3)(b) and

(c)


the Mental Health Act 1983 (c. 20)


the County Courts Act 1984 (c. 28)


the Matrimonial and Family Proceedings Act 1984 (c. 42)


the Companies Act 1985 (c. 6)


the Public Trustee and Administration of Funds Act 1986 (c. 57)


the Criminal Justice Act 1987 (c. 38), section 1(7)(b)


the Legal Aid Act 1988 (c. 34)


the Copyright, Designs and Patents Act 1988 (c. 48)


the Road Traffic Act 1988 (c. 52)


the Road Traffic Offenders Act 1988 (c. 53)


the Courts and Legal Services Act 1990 (c. 41)


the Judicial Pensions and Retirement Act 1993 (c. 8), section 26

and Schedules 1, 5 and 7


the Civil Procedure Act 1997 (c. 12), except paragraph 1 of

Schedule 1


the Government of Wales Act 1998 (c. 38)


the Human Rights Act 1998 (c. 42), section 18(4)(a)


the Greater London Authority Act 1999 (c. 29)


the Courts Act 2003 (c. 39), except sections 102(1)(a) and 103(8)

Part 3

Miscellaneous amendments: Supreme Court of Judicature of Northern

Ireland

Solicitor of the Supreme Court

1
For the words in the first column wherever they occur in any enactment substitute

the words in the second column—

Committee of the whole House Proceedings: 1st March 2005
357

Constitutional Reform Bill–[ [], continued

Old reference
New reference

“solicitor of the Supreme Court of
“solicitor of the Court of Judicature of

Northern Ireland”
Northern Ireland”

“solicitors of the Supreme Court of
“solicitors of the Court Judicature of

Northern Ireland”
Northern Ireland”

“solicitor of the Supreme Court of
“solicitor of the Court of Judicature of

Judicature of Northern Ireland”
Northern Ireland”

“solicitors of the Supreme Court of
“solicitors of the Court of Judicature of

Judicature of Northern Ireland”
Northern Ireland”

Miscellaneous

2      (1)
In each of the enactments listed in sub-paragraph (3) for “Supreme

Court” or “Supreme Court of Judicature” in each place substitute “Court

of Judicature”.

      (2)
This paragraph does not apply to those words—

(a)
in the short title or title of any enactment or group of enactments,

(b)
where they are amended by paragraph 3 or 5 of this Schedule, or

(c)
(unless otherwise provided) as inserted by any other provision of

this Act.

      (3)
The enactments amended are—


the Railway Act (Ireland) 1851 (c. 70)


the Railways Act (Ireland) 1860 (c. 97)


the Tramways (Ireland) Act 1860 (c. 152)


the Settled Estates Act 1877 (c. 18)


the Bills of Sale (Ireland) Act 1879 (c. 50)


the Parliamentary Deposits and Bonds Act 1892 (c. 27)


the Land Law (Ireland) Act 1896 (c. 47)


the Colonial Solicitors Act 1900 (c. 14)


the Northern Ireland Land Act 1925 (c. 34)


the Local Government Act (Northern Ireland) 1934 (c. 22 (N.I.))


the Northern Ireland Land Purchase (Winding Up) Act 1935 (c.

21)


the Evidence and Powers of Attorney Act 1940 (c. 28)


the Lands Tribunal Act 1949 (c. 42)


the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))


the Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))


the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))


the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))


the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))


the Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21

(N.I.))


the Courts-Martial (Appeals) Act 1968 (c. 20)


the Medicines Act 1968 (c. 67)


the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))