cwh0103.358-364

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 1st March 2005
358

Constitutional Reform Bill–[ [], continued


the Leasehold (Enlargement and Extension) Act (Northern

Ireland) 1971 (c. 7 (N.I.))


the Powers of Attorney Act (Northern Ireland) 1971 (c. 33 (N.I.))


the Prosecution of Offences (Northern Ireland) Order 1972 (S.I.

1972/538 (N.I. 1))


the Administration of Justice Act 1973 (c. 15)


the Northern Ireland Constitution Act 1973 (c. 36)


the Hearing Aid Council (Extension) Act 1975 (c. 39)


the Restrictive Practices Court Act 1976 (c. 33)


the Solicitors (Northern Ireland) Order 1976 (S.I. 1976/582

(N.I. 12))


the Judicature (Northern Ireland) Act 1978 (c. 23), including

section 68A(1)(a) inserted by section (The Lord Chancellor and

Northern Ireland courts) of this Act, and any amendment to—

(i)
the Lands Clauses Consolidation Act 1845 (c. 18),

except section 3

(ii)
the Consolidated Fund (Permanent Charges

Redemption) Act 1873 (c. 57)

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

1896 (c. 8)


the Inheritance (Provision for Family and Dependants)

(Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8))


the Administration of Estates (Northern Ireland) Order 1979

(S.I. 1979/1575 (N.I. 14))


the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397

(N.I. 3))


the Rules of the Supreme Court (Northern Ireland) (Revision)

1980 (S.R. 1980/346)


the Judgments Enforcement (Northern Ireland) Order 1981

(S.I. 1981/226 (N.I. 6))


the Legal Aid, Advice and Assistance (Northern Ireland) Order

1981 (S.I. 1981/228 (N.I. 8))


the Medical Act 1983 (c. 54)


the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4))


the Companies (Northern Ireland) Order 1986 (S.I. 1986/

1032 (N.I. 6))


the Solicitors (Amendment) (Northern Ireland) Order 1989

(S.I. 1989/1343 (N.I. 14))


the Family Law (Northern Ireland) Order 1993 (S.I. 1993/

1576 (N.I. 6))


the Merchant Shipping Act 1995 (c. 21)


the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141

(N.I. 6))


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


the Health and Personal Social Services Act (Northern Ireland)

2001 (c. 3 (N.I.))


the Justice (Northern Ireland) Act 2002 (c. 26)


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


the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/

435 (N.I. 10))

Committee of the whole House Proceedings: 1st March 2005
359

Constitutional Reform Bill–[ [], continued

Part 4

Specific Amendments

Chelsea and Kilmainham Hospitals Act 1826 (c.16)

1      (1)
The Chelsea and Kilmainham Hospitals Act 1826 is amended as follows.

      (2)
For “Supreme Court” in each place substitute “Senior Courts”.

      (3)
In sections 46, 49 and 50 for “the said court” in each place substitute “the

said courts”.

Ecclesiastical Houses of Residence Act 1842 (c.26)

2      (1)
The Ecclesiastical Houses of Residence Act 1842 is amended as follows.

      (2)
For “Supreme Court” in each place substitute “Senior Courts”.

      (3)
In section 12 for “the said court” in each place substitute “the said

courts”.

Lands Clauses Consolidation Act 1845 (c.18)

3      (1)
The Lands Clauses Consolidation Act 1845 is amended as follows.

      (2)
For “Supreme Court” in each place, except in section 3, substitute

“Senior Courts”.

      (3)
In section 3 for the definition of “Supreme Court” substitute—


“Any reference to the Senior Courts shall, where it relates to

monies to be paid or deposited in respect of lands situate in

Northern Ireland, be read as a reference to the Court of

Judicature.”

Landed Estates Court (Ireland) Act 1858 (c.72)

4      (1)
The Landed Estates Court (Ireland) Act 1858 is amended as follows.

      (2)
In section 56 (purchase money)—

(a)
in the side-note for “Supreme Court” substitute “Court of

Judicature”;

(b)
for “Supreme Court of Judicature of Northern Ireland (“the

Supreme Court”)” substitute “Court of Judicature”.

      (3)
In section 57 (persons interested may bid at sale, etc) for “Supreme

Court” in each place substitute “Court of Judicature”.

      (4)
In section 70 (power to order money to be paid into Court)—

(a)
for “Supreme Court or (where the case may require) the Supreme

Court of Judicature of England” substitute “Court of Judicature

or (where the case may require) the Senior Courts”;

(b)
for “such respective Court” substitute “the Court of Judicature or

the Senior Courts respectively”;

(c)
after “as such Court” insert “or Courts”.

Defence Act 1860 (c.112)

5      (1)
The Defence Act 1860 is amended as follows.

      (2)
In sections 21 and 22 (payment to meet consequent expenses, and

payment into Supreme Court on failure to deduce title) for “Supreme

Court or into the Supreme Court in Northern Ireland” substitute “Senior

Courts or Court of Judicature”.

Committee of the whole House Proceedings: 1st March 2005
360

Constitutional Reform Bill–[ [], continued

      (3)
In section 23 (orders concerning money paid into Supreme Court)—

(a)
for “Supreme Court” substitute “Senior Courts”;

(b)
for “the said Court” substitute “the said Courts”.

The Great Seal (Offices) Act 1874 (c.81)

6
In the Great Seal (Offices) Act 1874, in section 5 (transfer of duties of cursitors

and clerk of the petty bag)—

(a)
for “of the Supreme Court” substitute “of the Senior Courts”;

(b)
for the words from “under the Supreme Court” to “amending the

same” substitute “within the meaning given in the Interpretation

Act 1978”.

Commons Act 1876 (c.56)

7
In the Commons Act 1876, in section 30 (jurisdiction of county court) for the

words from “to be made by the Supreme Court” to “Supreme Court of Judicature

Act 1875” substitute “within the meaning given in the Interpretation Act 1978”.

Public Offices Fees Act 1879 (c.58)

8
In the Public Offices Fees Act 1879, in section 7 (application of Act) for

“Supreme Courts of Judicature,” substitute “Senior Courts, the Court of

Judicature,”.

Commissioners for Oaths Act 1889 (c. 10)

9      (1)
The Commissioners for Oaths Act 1889 is amended as follows.

      (2)
For “Supreme Court” in each place, except in section 11, substitute

“Senior Courts”.

      (3)
In section 11 omit the definition of “Supreme Court”.

Notice of Accidents Act 1894 (c. 28)

10      (1)
The Notice of Accidents Act 1894 is amended as follows.

      (2)
In section 3(4) for “master of the Supreme Court” substitute “Master

(Taxing Office) of the Court of Judicature”.

      (3)
Omit section 8.

London Building Acts (Amendment) Act 1939 (c.xcvii)

11      (1)
The London Building Acts (Amendment) Act 1939 is amended as

follows.

      (2)
In section 105 (payment of surplus of proceeds into court) for “Supreme

Court of Judicature” substitute “Senior Courts”.

      (3)
In section 116 (tribunal may state case for opinion of High Court) in

subsection (6) for the words from “the court” to the end substitute

“court”.

Registered Designs Act 1949 (c.88)

12
In the Registered Designs Act 1949, in section 31 (evidence before registrar) in

paragraph (b) before “as regards” insert “or of the Court of Judicature”.

Committee of the whole House Proceedings: 1st March 2005
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Constitutional Reform Bill–[ [], continued

Maintenance Orders Act 1950 (c.37)

13      (1)
The Maintenance Orders Act 1950 is amended as follows.

      (2)
In section 17(3)(a) for “Supreme Court of Judicature in England”

substitute “Senior Courts” and for “Supreme Court of Judicature of

Northern Ireland” substitute “Court of Judicature”.

      (3)
In section 18(1B) for “Supreme Court in England or Northern Ireland”

substitute “Senior Courts or the Court of Judicature”.

Northern Ireland Act 1962 (c.30)

14
In the Northern Ireland Act 1962, in section 29 (supplemental) in subsection (1)

omit the definition of “the Supreme Court”.

Solicitors Act 1974 (c.47)

15      (1)
The Solicitors Act 1974 is amended as follows.

      (2)
In section 6 (keeping of the roll) in subsection (1) for “Supreme Court”

substitute “Senior Courts”.

      (3)
In section 19 (rights of practising and rights of audience)—

(a)
in subsection (1)(a) for “Supreme Court” substitute “Senior

Courts”;

(b)
in subsection (2) omit “section 94 of the Supreme Court Act

1981,”.

      (4)
In section 29 (non-British subjects as solicitors) for “of the Supreme

Court or of the Supreme Court of Northern Ireland” substitute “of the

Senior Courts or of the Court of Judicature”.

      (5)
In section 50 (jurisdiction over solicitors)—

(a)
in the side-note and subsection (1) for “Supreme Court”

substitute “Senior Courts”;

(b)
in subsection (2) for “Supreme Court was” substitute “Senior

Courts were”.

      (6)
In section 87 (interpretation) in the definitions of “contentious business”,

“the roll”, and “solicitor” for “Supreme Court” substitute “Senior

Courts”.

Litigants in Person (Costs and Expenses) Act 1975 (c.47)

16
In the Litigants in Person (Costs and Expenses) Act 1975, in section 1 (costs or

expenses recoverable)—

(a)
in subsection (1)(a) for “Supreme Court” substitute “Senior

Courts, in the Court of Judicature”;

(b)
in subsection (5), omit ““the Supreme Court””.

Patents Act 1977 (c.37)

17      (1)
The Patents Act 1977 is amended as follows,

      (2)
In section 102A (right of audience etc) in subsection (1) for “Supreme

Court” substitute “Senior Courts or (in the application of this section to

Northern Ireland) of the Court of Judicature”.

      (3)
In subsection (2) of that section for “Supreme Court” substitute “Senior

Courts or of the Court of Judicature”.

Committee of the whole House Proceedings: 1st March 2005
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Constitutional Reform Bill–[ [], continued

      (4)
In section 106 (costs and expenses in proceedings before the Court) for

“the Rules of the Supreme Court or by the County Court Rules”

substitute “rules of court”.

Interpretation Act 1978 (c.30)

18
In the Interpretation Act 1978, in Schedule 1 (words and expressions defined)—

(a)
for the definition of “Supreme Court” substitute—

““Supreme Court” means the Supreme Court of the United

Kingdom.”

(b)
insert the following definitions at the appropriate places—

““Court of Judicature” means the Court of Judicature of

Northern Ireland.”

““Senior Courts” means the Senior Courts of England and

Wales.”

Judicial Pensions Act 1981 (c.20)

19      (1)
The Judicial Pensions Act 1981 is amended as follows.

      (2)
In the table in section 1 (interpretation) in each place—

(a)
for “Supreme Court of England and Wales” substitute “Senior

Courts”;

(b)
for “Supreme Court of Northern Ireland” substitute “Court of

Judicature”.

      (3)
In the table in section 16 (application of Part 2, and interpretation) for

“Supreme Court” and “Supreme Court of Northern Ireland” respectively

in each place (except where those words are inserted by this Act)

substitute “Senior Courts” and “Court of Judicature”;

      (4)
In Schedule 1 (certain officers, and President of Transport Tribunal) for

“Supreme Court” in each place substitute “Senior Courts”.

Supreme Court Act 1981 (c.54)

20      (1)
The Supreme Court Act 1981 is amended as follows.

      (2)
For “Supreme Court” in each place substitute “Senior Courts”.

      (3)
In section 14, in the side-note for “Supreme” substitute “Senior Courts”.

Administration of Justice Act 1982 (c.53)

21      (1)
The Administration of Justice Act 1982 is amended as follows.

      (2)
In the following provisions for “Supreme Court” or “Supreme Court of

Judicature” substitute “Court of Judicature”—

(a)
section 23(1)(c);

(b)
section 25(3)(c);

(c)
section 39(5)(b);

(d)
section 42(5)(b).

      (3)
In section 47 (interpretation of Part 6) in the definition of “Accountant

General” for “the Accountant General of the Supreme Court” substitute

“in relation to England and Wales, the Accountant General of the Senior

Courts and, in relation to Northern Ireland, the Accountant General of the

Court of Judicature”.

Committee of the whole House Proceedings: 1st March 2005
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Constitutional Reform Bill–[ [], continued

Representation of the People Act 1983 (c.2)

22      (1)
The Representation of the People Act 1983 is amended as follows.

      (2)
In section 157 (application to Northern Ireland)—

(a)
in [each place] for “Supreme Court (Queen’s Bench Division)”

substitute “Senior Courts (Queen’s Bench Division)”;

(b)
in subsection (8) for “Supreme Court of Judicature” substitute

“Court of Judicature”.

      (3)
In the following provisions for “Supreme Court” substitute “Senior

Courts”—

(a)
in section 182 (rules of procedure) subsection (1);

(b)
in section 183 (costs) subsection (1).

Income and Corporation Taxes Act 1988 (c. 1)

23
In the Income and Corporation Taxes Act 1988, in section 469A(2) (court

common investment funds)—

(a)
for “Supreme Court of Judicature in” substitute “Senior Courts

of”;

(b)
for “Supreme Court of Judicature of” substitute “Court of

Judicature of”.

Taxation of Chargeable Gains Act 1992 (c. 12)

24      (1)
The Taxation of Chargeable Gains Act 1992 is amended as follows.

      (2)
In section 61 (funds in court) in subsection (3)—

(a)
for “Supreme Court” in paragraph (a) substitute “Senior Courts”;

(b)
for “Supreme Court of Judicature in England” substitute “Senior

Courts”;

(c)
for “Supreme Court of Judicature of Northern Ireland” in each

place substitute “Court of Judicature”.

Trade Marks Act 1994 (c. 26)

25
In the Trade Marks Act 1994 in section 69 (evidence before registrar) for

“Supreme Court” substitute “Senior Courts or of the Court of Judicature”.

Supreme Court (Offices) Act 1997 (c. 69)

26
In the Supreme Court (Offices) Act 1997, for “Supreme Court” in each place

substitute “Senior Courts”.

Northern Ireland Act 1998 (c. 47)

27      (1)
The Northern Ireland Act 1998 is amended as follows.

      (2)
In Schedules 2 and 3 for “Supreme Court of Judicature” substitute “Court

of Judicature”.

      (3)
In paragraph 12(1) of Schedule 12 for “Supreme Court of Judicature of

Northern Ireland” substitute “Court of Judicature”.

Freedom of Information Act 2000 (c. 36)

28
In Part 7 of Schedule 1 to the Freedom of Information Act 2000—

(a)
omit “The Northern Ireland Supreme Court Rules Committee.”;

Committee of the whole House Proceedings: 1st March 2005
364

Constitutional Reform Bill–[ [], continued

(b)
insert in the appropriate place “The Northern Ireland Court of

Judicature Rules Committee.”.

Criminal Justice and Court Services Act 2000 (c.43)

29
In the following provisions of the Criminal Justice and Court Services Act 2000

for “senior court” in each place substitute “superior court”—

(a)
section 28(2)(b) and (3)(b);

(b)
section 29(2)(b) and (3)(b);

(c)
section 29A(1)(b);

(d)
section 30(1).’.

Clause 55 Agreed to.

Mr Christopher Leslie

Agreed to  131

Schedule  10,  page  190,  line  9,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  651

Schedule  10,  page  190,  line  29,  leave out ‘Supreme Court’ and insert ‘Senior

Courts’.

Mr Christopher Leslie

Agreed to  574

Schedule  10,  page  190,  line  31,  leave out ‘But’.

Mr Christopher Leslie

Agreed to  652

Schedule  10,  page  190,  line  40,  leave out ‘Supreme Court’ and insert ‘Senior

Courts’.

Mr Christopher Leslie

Agreed to  653

Schedule  10,  page  191,  line  7,  leave out ‘Supreme Court’ and insert ‘Senior

Courts’.

Mr Christopher Leslie

Agreed to  132

Schedule  10,  page  191,  line  9,  leave out ‘Minister’ and insert ‘Lord Chancellor’.

Mr Christopher Leslie

Agreed to  575

Schedule  10,  page  191,  line  10,  after second ‘number’, insert ‘of Commissioners’.

Mr Christopher Leslie

Agreed to  133

Schedule  10,  page  191,  line  24,  leave out ‘Minister’ and insert ‘Lord Chancellor’.