Constitutional Reform Bill [HL]

House of Lords

Session 2003 - 04
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 9 — Proceedings under jurisdiction transferred to Supreme Court
177

Schedule 9
Section 47

Proceedings under jurisdiction transferred to Supreme Court
Interpretation
1     (1)
In this Schedule “transferred jurisdiction” means any jurisdiction of—
(a)
the House of Lords, or
5
(b)
the Judicial Committee of the Privy Council,

that is transferred to the Supreme Court by virtue of this Act.
      (2)
In relation to transferred jurisdiction—
“original court” means (as appropriate)—
(a)
the House of Lords, or
10
(b)
the Judicial Committee of the Privy Council;
“transfer day” means the day when the jurisdiction is transferred to
the Supreme Court.
2
In this Schedule “transferred proceedings” means proceedings which were
begun before the transfer day in the original court under transferred
15
jurisdiction.
Proceedings
3     (1)
As from the transfer day, transferred proceedings may be continued in the
Supreme Court as if they had been begun in that court.
      (2)
This paragraph is subject to Supreme Court Rules (whether made before or
20
after the transfer date).
4     (1)
Anything done in accordance with the rules of the original court in relation
to transferred proceedings is, after the transfer day, to be treated as if it had
been done in accordance with any Supreme Court Rules applicable to
corresponding proceedings in the Supreme Court.
25
      (2)
This paragraph is subject to Supreme Court Rules (whether made before or
after the transfer date).
5     (1)
Any act, judgment or order of the original court in the transferred
proceedings is to have the same effect after the transfer day as if it had been
an act, judgment or order of the Supreme Court in corresponding
30
proceedings in that Court.
      (2)
Accordingly, after the transfer day, further proceedings may be taken in the
Supreme Court in respect of such an act, judgment or order.
Fees
6     (1)
This paragraph applies to any fee due under the rules of the original court in
35
relation to transferred proceedings which was unpaid on the transfer day.
      (2)
As from the transfer day, the fee is payable as if it were due under the
corresponding Supreme Court Rules.
Funds
7     (1)
This paragraph applies to the investments and money which constitute the
40
funds in court of—

Constitutional Reform Bill [HL]
Schedule 10 — The Judicial Appointments Commission
Part 1 — The Commissioners
178

(a)
the House of Lords, or
(b)
the Judicial Committee of the Privy Council,

that are held in relation to transferred proceedings.
      (2)
On the transfer day the investments and money are, by virtue of this
paragraph and without any transfer or assignment, vested in the accounting
5
officer as funds in the Supreme Court.
      (3)
In dealing with any investments and money vested in him by virtue of this
paragraph, the accounting officer must comply with any directions which
the Secretary of State for Constitutional Affairs may give with a view to
securing the transition of the administration of the funds in court referred to
10
in sub-paragraph (1).
8     (1)
The transfer of any investments and money under paragraph 7 does not
affect the right of any person in or to any thing so transferred.
      (2)
Any such right may be enforced from the transfer day as if it had always
been a right in respect of funds in the Supreme Court.
15
9     (1)
This paragraph applies to a liability of the House of Lords or the Judicial
Committee of the Privy Council if the following conditions are met—
(a)
the liability is in respect of sums which at one time formed part of
funds in court held in relation to proceedings under transferred
jurisdiction but which ceased to do so before the transfer day;
20
(b)
the liability is outstanding immediately before the transfer day.
      (2)
On the transfer day the liability is, by virtue of this paragraph and without
any transfer or assignment, vested in the accounting officer.
      (3)
Any amounts required to meet any such liability are to be paid out of the
Consolidated Fund to the accounting officer.
25
10
In paragraphs 7 and 9 “accounting officer” means the person who, in the
view of the President of the Supreme Court, carries out duties in relation to
that court that correspond as nearly as possible to the duties carried out in
relation to the Supreme Court of England and Wales by the Accountant-
General of that court.
30
Schedule 10
Section 49

The Judicial Appointments Commission
Part 1
The Commissioners
The Commissioners
35
1
The Commission consists of 15 Commissioners appointed by Her Majesty on
the recommendation of the Minister.
2
Of the Commissioners—
(a)
5 must be judicial members;
(b)
2 must be professional members;
40
(c)
6 must be lay members;
(d)
1 must be the holder of an office listed at Part 3 of Schedule 12, and

Constitutional Reform Bill [HL]
Schedule 10 — The Judicial Appointments Commission
Part 1 — The Commissioners
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(e)
1 must be a lay justice.
3     (1)
A judicial member is a person who holds a qualifying office but who is not
a practising lawyer.
      (2)
A professional member is a person who is—
(a)
a practising barrister in England and Wales, or
5
(b)
a practising solicitor of the Supreme Court of England and Wales.
      (3)
A lay member is a person resident in the United Kingdom who has never
held a listed judicial office or been a practising lawyer.
4     (1)
Her Majesty may on the recommendation of the Minister appoint one of the
Commissioners as chairman.
10
      (2)
A person may be appointed chairman only if he is a lay member.
5     (1)
Before making a recommendation to Her Majesty the Minister must consult
the following—
(a)
in relation to any appointment under paragraph 1 or 4, an advisory
panel appointed by him for the purposes of this paragraph;
15
(b)
in relation to the appointment of a judicial member, the Judges’
Council;
(c)
in relation to the appointment of a professional member within
paragraph 3(2)(a), the General Council of the Bar;
(d)
in relation to the appointment of a professional member within
20
paragraph 3(2)(b), the Law Society.
      (2)
An advisory panel constituted for the purpose of this paragraph must
consist of—
(a)
a qualifying first member;
(b)
the Lord Chief Justice or his nominee;
25
(c)
a qualifying second member.
      (3)
The qualifying first member must be a person who is not and never has been
any of the following—
(a)
a Commissioner;
(b)
a member of the staff of the Commission;
30
(c)
a member of either House of Parliament;
(d)
a person employed in the civil service of the State;
(e)
a practising lawyer;
(f)
the holder of a qualifying judicial office.
      (4)
Before appointing a person as the qualifying first member the Minister must
35
consider whether the person has exercised functions that appear to him to
be of a judicial nature and such as to make the person inappropriate for the
appointment.
      (5)
The qualifying second member of an advisory panel must be the chairman
of the Commission.
40
      (6)
But if the office of chairman of the Commission is vacant or is the office for
which a recommendation is to be made, the qualifying second member must
be a person nominated by the qualifying first member.
      (7)
The qualifying first member of an advisory panel is to be the chairman of the
panel.
45

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Schedule 10 — The Judicial Appointments Commission
Part 1 — The Commissioners
180

6     (1)
The Minister must make recommendations with a view to securing, so far as
practicable, that the Commissioners who are lay members include one who
appears to the Minister to have special knowledge of Wales.
      (2)
The Minister must make recommendations with a view to securing that the
Commissioners who are judicial members include the following—
5
(a)
a Lord Justice of Appeal;
(b)
a puisne judge of the High Court;
(c)
one other who is either a Lord Justice of Appeal or a puisne judge of
the High Court;
(d)
a circuit judge;
10
(e)
a district judge.
      (3)
The Minister must make recommendations with a view to securing that the
Commissioners who are professional members include—
(a)
1 who is a practising barrister in England and Wales;
(b)
1 who is a practising solicitor of the Supreme Court of England and
15
Wales.
      (4)
Before recommending the appointment of a person as one of the lay
members the Minister must consider whether the person has exercised
functions that appear to him to be of a judicial nature and such as to make
the person inappropriate for appointment as one of those members.
20
7     (1)
The Minister may by order amend paragraph 1 by substituting for the
number for the time being specified there any number not less than 15.
      (2)
An order under sub-paragraph (1) must amend paragraph 2 by substituting
for one or more of the numbers for the time being specified there such
number or numbers as will secure that each member of the Commission
25
must be a member of a kind listed there.
      (3)
A number substituted by such an order in any sub-paragraph of paragraph
2 must not be less than the number specified in that sub-paragraph as
originally enacted.
      (4)
Before making an order under sub-paragraph (1) the Minister must consult
30
the Lord Chief Justice.
8     (1)
In this Schedule—
“district judge” means—
(a)
a district judge of a county court,
(b)
a District Judge (Magistrates’ Courts), and
35
(c)
a person appointed to an office under section 89 of the
Supreme Court Act 1981 (c. 54);
“judicial member” has the meaning given by paragraph 3(1);
“lay justice” means a justice of the peace who is not a District Judge
(Magistrates’ Courts);
40
“lay member” has the meaning given by paragraph 3(3);
“listed judicial office” means an office listed in Schedule 12;
“practising” is to be read in accordance with sub-paragraphs (2) and
(3);
“practising lawyer” means—
45
(a)
a practising barrister in England and Wales;
(b)
a practising solicitor of the Supreme Court of England and
Wales;

Constitutional Reform Bill [HL]
Schedule 10 — The Judicial Appointments Commission
Part 1 — The Commissioners
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(c)
a practising advocate in Scotland;
(d)
a practising solicitor in Scotland;
(e)
a practising member of the Bar of Northern Ireland;
(f)
a practising solicitor of the Supreme Court of Judicature of
Northern Ireland;
5
“professional member” has the meaning given by paragraph 3(2);
“qualifying office” means any of the offices listed in paragraph 6(2).
      (2)
A barrister in England and Wales, an advocate in Scotland or a member of
the Bar of Northern Ireland is practising if he is—
(a)
practising as such,
10
(b)
employed to give legal advice, or
(c)
providing legal advice under a contract for services.
      (3)
A solicitor of the Supreme Court of England and Wales, a solicitor in
Scotland or a solicitor of the Supreme Court of Judicature of Northern
Ireland is practising if he is—
15
(a)
acting as such,
(b)
employed to give legal advice, or
(c)
providing legal advice under a contract for services.
Term of office etc. of Commissioners
9     (1)
A Commissioner must be appointed for a fixed period.
20
      (2)
But an appointment is subject to paragraphs 10 to 12.
10
A person—
(a)
may not be appointed as a Commissioner for more than 5 years at a
time, and
(b)
may not hold office as a Commissioner for periods (whether or not
25
consecutive) totalling more than 10 years.
11    (1)
A Commissioner ceases to hold that office—
(a)
in the case of a judicial or lay member, on ceasing to be such a
member;
(b)
in the case of a professional member within paragraph 6(3)(a), on
30
ceasing to be a barrister;
(c)
in the case of a professional member within paragraph 6(3)(b), on
ceasing to be a solicitor;
(d)
in the case of a person who holds an office listed at Part 3 of Schedule
12 or who is a lay justice, on ceasing to hold such office or to be a lay
35
justice;
(e)
in any case, on becoming a candidate for appointment to a listed
judicial office.
      (2)
But if (before or after such an event) the Minister directs in a particular case
that sub-paragraph (1) is to be disregarded for a period specified in the
40
direction, the person continues to be a Commissioner until the end of that
period, subject to the terms of his appointment and the other provisions of
this Schedule.
12    (1)
A Commissioner may at any time—
(a)
resign his office by notice in writing addressed to Her Majesty;
45
(b)
be removed from office by Her Majesty on the recommendation of
the Minister.

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Schedule 10 — The Judicial Appointments Commission
Part 2 — The Commission
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      (2)
The Minister may not under sub-paragraph (1) recommend that a
Commissioner be removed from office unless he is satisfied that the
Commissioner—
(a)
in the case of a judicial member, has ceased to hold the office listed
at paragraph 6(2) which he held at the date of his appointment,
5
(b)
has failed without reasonable excuse to discharge the functions of his
office for a continuous period of at least six months,
(c)
has been convicted of an offence,
(d)
is an undischarged bankrupt, or
(e)
is otherwise unfit to hold his office or unable to discharge its
10
functions.
      (3)
A recommendation on the ground mentioned in sub-paragraph (2)(b) may
not be made more than 3 months after the end of the period mentioned there.
Term of office etc. of chairman
13    (1)
Subject as follows, a person must be appointed chairman for a fixed period.
15
      (2)
A person may not be appointed chairman of the Commission more than
twice.
      (3)
The chairman may at any time resign his office by notice in writing
addressed to Her Majesty.
      (4)
If the chairman ceases to be a Commissioner, he ceases to be chairman.
20
Salary, allowances and expenses
14    (1)
The Commission may pay, or make provision for paying, to or in respect of
any person who is or has been a Commissioner—
(a)
such remuneration, fees or expenses, and
(b)
such pension, allowance or gratuity
25

as the Minister may determine.
      (2)
If—
(a)
a person ceases to hold office as a Commissioner other than on the
expiry of his term of appointment, and
(b)
it appears to the Minister that there are special circumstances that
30
would warrant the payment of compensation to him,

the Minister may direct the Commission to make to or in respect of that
person a payment of such amount as the Minister may determine.
Code of Conduct
15
The Minister may issue and from time to time revise a code of conduct to be
35
observed by the Commissioners.
Part 2
The Commission
Status of the Commission and its property
16    (1)
The Commission is not to be regarded—
40
(a)
as the servant or agent of the Crown, or

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Part 2 — The Commission
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(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The property of the Commission is not be regarded as property of, or
property held on behalf of, the Crown.
Powers
17    (1)
The Commission may do anything calculated to facilitate, or incidental or
5
conducive to, the carrying out of any of its functions.
      (2)
But the Commission may not borrow money except with the agreement of
the Minister.
      (3)
Nothing in this Schedule is to be read as limiting the generality of sub-
paragraph (1).
10
Committees
18    (1)
The Commission may establish committees, and committees of the
Commission may establish sub-committees.
      (2)
A person may not be a member of a committee or sub-committee, other than
a selection panel appointed under section 54 or 60, unless he is a
15
Commissioner.
      (3)
The Commission may delegate functions to a committee, and a committee
may delegate functions (including functions delegated to them) to a sub-
committee.
Procedure and proceedings
20
19    (1)
The Commission may regulate its own procedure, and the procedure of its
committees and sub-committees, including quorum.
      (2)
But the quorum of a committee or sub-committee to which the
Commission’s function of making a selection under this Part of this Act has
been delegated must not be less than 3.
25
      (3)
The validity of proceedings of the Commission or a committee or sub-
committee is not affected by—
(a)
a vacancy among the members, or
(b)
a defect in the appointment of a member.
Staff
30
20    (1)
The Commission—
(a)
must appoint a chief executive, and
(b)
may appoint such other staff as it considers necessary to assist in the
performance of its functions.
      (2)
The Commission must not appoint a person as chief executive unless the
35
Minister approves the appointment.
      (3)
Staff are to be—
(a)
appointed on terms and conditions determined by the Commission,
and approved by the Minister, and
(b)
paid by the Commission in accordance with provision made by or
40
under the terms of appointment.