Constitutional Reform Bill [HL]

House of Lords

Session 2003 - 04
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
13

Practice and procedure
34
Specially qualified advisers
(1)
If the Supreme Court thinks it expedient in any proceedings, it may hear and
dispose of the proceedings wholly or partly with the assistance of one or more
specially qualified advisers appointed by it.
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(2)
Any remuneration payable to such an adviser is to be determined by the Court
unless agreed between the adviser and the parties to the proceedings.
(3)
Any remuneration forms part of the costs of the proceedings.
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Making of rules
(1)
The President of the Supreme Court may make rules (to be known as “Supreme
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Court Rules”) governing the practice and procedure to be followed in the
Court.
(2)
The power to make Supreme Court Rules includes power to make different
provision for different cases, including different provision—
(a)
for different descriptions of proceedings, or
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(b)
for different jurisdiction of the Supreme Court.
(3)
The President must exercise the power to make Supreme Court Rules with a
view to securing that—
(a)
the Court is accessible, fair and efficient, and
(b)
the rules are both simple and simply expressed.
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36
Procedure after rules made
(1)
Supreme Court Rules made by the President of the Supreme Court must be
submitted by him to the Minister.
(2)
The Minister may allow, or disallow, Supreme Court Rules submitted to him.
(3)
Supreme Court Rules allowed by the Minister—
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(a)
come into force on such day as the Minister directs, and
(b)
are to be contained in a statutory instrument to which the Statutory
Instruments Act 1946 (c. 36) applies as if the instrument contained rules
made by a Minister of the Crown.
(4)
A statutory instrument containing Supreme Court Rules is subject to
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annulment in pursuance of a resolution of either House of Parliament.
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Photography etc
(1)
In section 41 of the Criminal Justice Act 1925 (c. 86) (prohibition on taking
photographs etc in court), for subsection (2)(a) substitute—
“(a)
the expression “court” means any court of justice (including the
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court of a coroner), apart from the Supreme Court;”.
(2)
In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 N.I.)
(prohibition on taking photographs etc in court), for subsection (2)(a)

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
14

substitute—
“(a)
the expression “court” means any court of justice (including the
court of a coroner), apart from the Supreme Court;”.
Resources
38
Minister’s duty
5
(1)
The Minister must—
(a)
ensure that there is an efficient and effective system to support the
carrying on of the business of the Supreme Court, and
(b)
ensure that appropriate services are provided for the Supreme Court.
(2)
In this Part references to the Minister’s general duty in relation to the Supreme
10
Court are references to his duty under subsection (1).
39
Officers and staff: appointment by Minister
The Minister may appoint such officers and staff as he thinks appropriate for
the purpose of discharging his general duty in relation to the Supreme Court.
40
Staff: provision by third parties
15
(1)
The Minister may make such staffing arrangements with other persons as he
thinks appropriate for the purpose of discharging his general duty in relation
to the Supreme Court.
(2)
In this section “staffing arrangements” means arrangements for the provision
of staff by any person (including a sub-contractor).
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(3)
The Minister may not make staffing arrangements unless he is authorised to do
so by an order made by him under this subsection.
(4)
An order under subsection (3) authorising the Minister to make staffing
arrangements may so authorise him—
(a)
wholly or to the extent specified in the order,
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(b)
generally or in cases specified in the order, and
(c)
unconditionally or subject to the fulfilment of conditions specified in
the order.
(5)
Before making an order under subsection (3) the Minister must consult all of
the following about the effect (if any) that the order might have on the proper
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and efficient administration of justice—
(a)
the President of the Supreme Court;
(b)
the Lord Chief Justice of England and Wales;
(c)
the Master of the Rolls;
(d)
the Lord President of the Court of Session;
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(e)
the Lord Chief Justice of Northern Ireland;
(f)
the President of the Family Division;
(g)
the Chancellor of the High Court;
(h)
the President of the Queen’s Bench Division.

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
15

41
Services: provision by third parties
(1)
The Minister may make such service arrangements with other persons as he
thinks appropriate for the purpose of discharging his general duty in relation
to the Supreme Court.
(2)
In this section “service arrangements” means arrangements for the provision of
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services by any person (including a sub-contractor).
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Accommodation
(1)
The Minister may provide, equip, maintain and manage such court-houses,
offices and other accommodation as he thinks appropriate for the purpose of
discharging his general duty in relation to the Supreme Court.
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(2)
The Minister may make such accommodation arrangements with other
persons as he thinks appropriate for the purpose of discharging his general
duty in relation to the Supreme Court.
(3)
In this section “accommodation arrangements” means arrangements for the
provision, equipping, maintenance or management of court-houses, offices or
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other accommodation by any person (including a sub-contractor).
(4)
The powers to acquire land for the public service conferred by—
(a)
section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by
agreement), and
(b)
section 228(1) of the Town and Country Planning Act 1990 (c. 8)
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(compulsory acquisition),

are to be treated as including power to acquire land for the purpose of its
provision under arrangements under this section.
(5)
In this section “court-house” means any place where the Supreme Court sits,
including the precincts of any building in which it sits.
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43
Annual report
(1)
The Minister must prepare an annual report on the way in which he has
discharged his general duty in relation to the Supreme Court.
(2)
The Minister must lay a copy of every annual report before each House of
Parliament.
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Fees
44
Fees
(1)
The Minister may by order prescribe fees payable in respect of anything dealt
with by the Supreme Court.
(2)
An order under this section may, in particular, contain provision about—
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(a)
scales or rates of fees;
(b)
exemptions from fees;
(c)
reductions in fees;
(d)
whole or partial remission of fees.

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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(3)
When including any provision in an order under this section, the Minister must
have regard to the principle that access to the courts must not be denied.
(4)
Before making an order under this section, the Minister must consult all of the
following—
(a)
the President of the Supreme Court;
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(b)
the Lord Chief Justice of England and Wales;
(c)
the Master of the Rolls;
(d)
the Lord President of the Court of Session;
(e)
the Lord Chief Justice of Northern Ireland;
(f)
the President of the Family Division;
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(g)
the Chancellor of the High Court;
(h)
the President of the Queen’s Bench Division.
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Fees: supplementary
(1)
Supreme Court fees are recoverable summarily as a civil debt.
(2)
The Minister must take such steps as are reasonably practicable to bring
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information about Supreme Court fees to the attention of persons likely to have
to pay them.
(3)
In this section “Supreme Court fees” means fees prescribed in an order under
section 44.
Supplementary
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46
Records of the Supreme Court
(1)
Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records)
is amended as follows.
(2)
In paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a)
insert—
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“(za)
records of the Supreme Court of the United Kingdom;”.
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Proceedings under jurisdiction transferred to Supreme Court
Schedule 9 contains transitional provision relating to proceedings under
jurisdiction which is transferred to the Supreme Court by this Act from the
House of Lords or the Judicial Committee of the Privy Council.
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48
Interpretation of Part 2
(1)
In this Part—

“high judicial office” means office as a judge of—
(a)
the Supreme Court,
(b)
the Court of Appeal,
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(c)
the High Court, or
(d)
the Court of Session;

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

Constitutional Reform Bill [HL]
Part 3 — Judicial appointments and discipline
Chapter 2 — Appointments
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(2)
In relation to any time before the commencement of section 17, “high judicial
office” in this Part includes office as a Lord of Appeal in Ordinary.
Part 3
Judicial appointments and discipline
Chapter 1
5
Commission and Ombudsman
49
The Judicial Appointments Commission
(1)
There is to be a body corporate called the Judicial Appointments Commission.
(2)
Schedule 10 is about the Commission.
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Judicial Appointments and Conduct Ombudsman
10
(1)
There is to be a Judicial Appointments and Conduct Ombudsman.
(2)
Schedule 11 is about the Ombudsman.
Chapter 2
Appointments
General provisions
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51
Merit and good character
(1)
Subsections (2) and (3) apply to any selection under this Part by the
Commission or a selection panel (“the selecting body”).
(2)
A person must not be selected unless the selecting body is satisfied that he is of
good character.
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(3)
Selection must be on merit.
(4)
After consulting the Lord Chief Justice, the Minister may by order specify
considerations that are to be taken into account in assessing merit for the
purposes of this section.
(5)
It is for the selecting body to determine in any particular case—
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(a)
the relative weight of such considerations;
(b)
what other considerations it should take into account.
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Guidance by the Minister
In exercising its functions under this Part the Commission and any selection
panel must have regard to any guidance issued by the Minister.
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