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66 (1) | Until the coming into force of section 23(1) of the Constitutional Reform Act |
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2005 this Act has effect subject to the following modifications. |
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(2) | In section 96, for “Supreme Court” substitute “Judicial Committee of the |
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(3) | In section 98(6)(a), for “the Supreme Court decides” substitute “the Judicial |
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Committee of the Privy Council decide”. |
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(4) | In the following provisions, for “Supreme Court” substitute “Judicial |
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Committee of the Privy Council”— |
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(a) | the title to section 99, |
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(b) | subsection (1) of that section, |
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(d) | section 101(4)(c), and |
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(5) | In section 102(3)(a), for “the Supreme Court has” substitute “the Judicial |
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Committee of the Privy Council have”. |
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(6) | In section 111(6)(a), for “the Supreme Court decides” substitute “the Judicial |
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Committee of the Privy Council decide”. |
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(7) | In the following provisions, for “Supreme Court” substitute “Judicial |
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Committee of the Privy Council”— |
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(a) | the title to section 112, |
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(b) | subsection (1) of that section, |
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(d) | section 114(4)(c), and |
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(8) | In section 115(3)(a), for “the Supreme Court has” substitute “the Judicial |
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Committee of the Privy Council have”. |
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(9) | In section 148(1)(f), for “Senior Courts” substitute “Supreme Court”. |
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(10) | In paragraph 1(2) of Schedule 9 after “Schedule” insert “— |
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(a) | “the Judicial Committee” means the Judicial Committee of |
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(11) | In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court” |
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substitute “House of Lords”. |
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(12) | In the following provisions of that Schedule— |
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(a) | paragraph 10 and the heading before it, |
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(b) | paragraph 18 and the heading before it, |
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(d) | paragraph 20 and the heading before it, |
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(e) | paragraph 27 and the heading before it, |
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(f) | sub-paragraph (1) of paragraph 29 and the heading before it, and |
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| for “Supreme Court” substitute “Judicial Committee”. |
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(13) | In paragraph 11 of that Schedule— |
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(a) | for “Supreme Court”, in both places, substitute “Judicial |
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(b) | for “permission”, in the first two places, substitute “leave”, and |
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(c) | for “permission”, in the third place, substitute “special leave”, |
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| and in the heading before it, for “Supreme Court” substitute “Judicial |
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(14) | In paragraph 21 of that Schedule— |
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(a) | for “Supreme Court apart from this paragraph” substitute “House of |
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(b) | for “Supreme Court”, in the second and third places, substitute |
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(c) | for “permission”, in the first two places, substitute “leave”, and |
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(d) | for “permission”, in the third place, substitute “special leave”. |
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(15) | In paragraph 28 of that Schedule— |
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(a) | for “Supreme Court”, in both places, substitute “Judicial |
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(b) | for “permission”, in the first two places, substitute “leave”, and |
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(c) | for “permission”, in the third place, substitute “special leave”, |
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| and in the heading before it, for “Supreme Court” substitute “Judicial |
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(16) | Before paragraph 29 of that Schedule insert— |
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“Proceedings in the House of Lords |
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28A | Any devolution issue which arises in judicial proceedings in the |
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House of Lords is to be referred to the Judicial Committee unless |
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the House considers it more appropriate, having regard to all the |
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circumstances, that it should determine the issue.” |
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67 (1) | This paragraph has effect until the coming into force of section 23(1) of the |
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Constitutional Reform Act 2005. |
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(2) | Any decision of the Judicial Committee in proceedings under this Act— |
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(a) | must be stated in open court, and |
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(b) | is binding in all legal proceedings (other than proceedings before the |
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(3) | The only members of the Judicial Committee who may sit and act as |
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members of the Judicial Committee in proceedings under this Act are those |
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(a) | the office of a Lord of Appeal in Ordinary, or |
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(b) | high judicial office as defined in section 25 of the Appellate |
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Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the |
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Appellate Jurisdiction Act 1887 (c. 70)). |
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(4) | Her Majesty may by Order in Council— |
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(a) | confer on the Judicial Committee in relation to proceedings under |
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this Act such powers as appear to be appropriate, |
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(b) | apply the Judicial Committee Act 1833 (c. 41) in relation to |
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proceedings under this Act with exceptions and modifications, and |
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(c) | make rules for regulating the procedure with respect to proceedings |
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under this Act before the Judicial Committee. |
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(5) | An Order in Council under sub-paragraph (4) may make such modifications |
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(a) | any enactment (including any enactment comprised in or made |
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under this Act) or prerogative instrument, or |
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(b) | any other instrument or document, |
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| as Her Majesty considers appropriate in connection with the provision made |
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(6) | No recommendation is to be made to Her Majesty in Council to make an |
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Order in Council under sub-paragraph (4) which contains provisions in the |
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form of amendments or repeals of enactments contained in an Act unless a |
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draft of the statutory instrument containing the Order in Council has been |
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laid before, and approved by a resolution of, each House of Parliament. |
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(7) | A statutory instrument containing an Order in Council which makes |
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provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the |
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statutory instrument has been approved by a resolution of each House of |
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Parliament) subject to annulment in pursuance of a resolution of either |
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| | Extent of repeal or revocation |
| | | | Copyright, Designs and Patents |
| | | | | | | | | | Official Secrets Act 1989 (c. 6) |
| | | 25 | | Town and Country Planning |
| | | | | | | | | | Planning (Listed Buildings and |
| In Schedule 3, paragraph 8(5). |
| | | | Conservation Areas) Act 1990 |
| | | | | | | | 30 | | | In the Schedule, paragraph 8(5). |
| | | | Substances) Act 1990 (c. 10) |
| | | | | Government of Wales Act 1998 |
| | | | | | Section 27(1) to (5) and (8) to (10). |
| | | | | | | 35 | | | | | | | | | | | | | | | | | | In section 145(3), the words “(or, before the first |
| | | | | ordinary election, the views of the Secretary |
| | 40 | | | | | |
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| | Extent of repeal or revocation |
| | | | Government of Wales Act 1998 |
| | | | | | (a) | in subsection (3), in paragraph (a), the |
| | | | | words from “11” to “144(8) or”, and, in |
| | | | | subsection (b), the words “96(5), 117,” |
| | 5 | | | and the words “144(1) or (4),”, |
| | | | | | | | | | (c) | in subsection (6), in paragraph (a), the |
| | | | | words “3” to “118(1)(f),”, the words |
| | | | | “144(1) or (4),” and the words “or |
| | 10 | | | paragraph 17(9) of Schedule 9”, |
| | | | | paragraph (b) and the word “and” |
| | | | | | | | | | | | | | | | | 15 | | | (a) | in subsection (1), the definitions of |
| | | | | “Community law” and “delegate”, |
| | | | | | | | | | (c) | in subsection (3), the words from “; and |
| | | | | the” to the end of the subsection. |
| | 20 | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | (c) | paragraph 8(2)(a), (3) and (4), |
| | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | 35 | | Northern Ireland Act 1998 |
| In Schedule 13, paragraph 8(2) to (4). |
| | | | | | | | | | In Schedule 2, paragraph 20. |
| | | | | | | | | Care Standards Act 2000 (c. 14) |
| In Schedule 1, paragraph 27(a). |
| | 40 | | | In Schedule 1, paragraphs 22, 23(a) and 24. |
| | | | Accounts Act 2000 (c. 20) |
| | | | | Learning and Skills Act 2000 |
| In Schedule 9, paragraph 93. |
| | | | | | | | | Political Parties, Elections and |
| In Schedule 3, paragraphs 8 to 16. |
| | 45 | | Referendums Act 2000 (c. 41) |
| In Schedule 21, paragraph 12. |
| | | | House of Commons (Removal |
| In Schedule 1, paragraph 3. |
| | | | of Clergy Disqualification) |
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