Constitutional Reform Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Part 1 — Arrangements to replace office of Lord Chancellor
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Supplementary
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Property, rights and liabilities
(1)
Subsection (2) applies to any provision of this Act, other than section 12, by
which a function of the Lord Chancellor ceases to be exercisable by him,
whether or not that function becomes exercisable by another person.
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(2)
On the commencement of the provision, any property, rights or liabilities to
which the Lord Chancellor is entitled immediately before that commencement
in connection with the function are transferred to the Minister.
(3)
On the commencement of section 12 any property, rights or liabilities to which
the Lord Chancellor is entitled immediately before that commencement are
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transferred to the Minister.
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Transfers: supplementary
(1)
This section applies to any provision of this Act by which a function of the Lord
Chancellor is transferred to another person (“the transferee”).
(2)
Where the transferee is Her Majesty, references to the transferee in the
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following provisions of this section are to be read as references to the Minister.
(3)
The transfer does not affect the validity of anything done (or having effect as if
done) by or in relation to the Lord Chancellor before the commencement of the
provision.
(4)
So far as is necessary in consequence of the transfer, an enactment or
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instrument passed or made before the commencement of the provision has
effect, subject to any amendment made by this Act, as if—
(a)
a reference to the Lord Chancellor were a reference to the transferee;
(b)
a reference to the Lord Chancellor’s Department were a reference to the
department of the transferee;
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(c)
a reference to an officer of the Lord Chancellor were a reference to an
officer of the transferee.
(5)
Anything done by or in relation to the Lord Chancellor in connection with the
function has effect, so far as is necessary for continuing its effect after the
commencement of the provision, as if done by or in relation to the transferee.
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(6)
Anything which relates to the function and which is in the process of being
done by or in relation to the Lord Chancellor at the commencement of the
provision may be continued by or in relation to the transferee.
(7)
Legal proceedings to which the Lord Chancellor is party in relation to the
function at the commencement of the provision may be continued by or against
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the transferee.
(8)
Documents or forms printed for use in connection with the function may be
used in connection with it even though they contain (or are to be read as
containing) references to the Lord Chancellor, his Department or an officer of
his.
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(9)
For the purposes of the use of any such documents after the commencement of
the provision, those references are to be read as references to the transferee, his
department or an officer of his.

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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Part 1: interpretation
In this Part “the Great Seal” means the Great Seal of the United Kingdom.
Part 2
The Supreme Court
The Supreme Court
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17
The Supreme Court
(1)
There is to be a Supreme Court of the United Kingdom.
(2)
The Court consists of judges appointed by Her Majesty by letters patent.
(3)
The maximum number of judges is 12.
(4)
Her Majesty may from time to time by Order in Council amend subsection (3)
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by substituting any number as the maximum number of judges.
(5)
No recommendation may be made to Her Majesty in Council to make an Order
under subsection (4) unless a draft of the Order has been laid before and
approved by resolution of each House of Parliament.
(6)
Her Majesty may by letters patent appoint one of the judges to be President and
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one to be Deputy President of the Court.
(7)
The judges other than the President and Deputy President are to be styled
“Justices of the Supreme Court”.
(8)
The Court is to be taken to be duly constituted despite any vacancy in the office
of President or Deputy President.
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First members of the Court
On the commencement of section 17—
(a)
the persons who immediately before that commencement are Lords of
Appeal in Ordinary become judges of the Supreme Court,
(b)
the person who immediately before that commencement is the senior
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Lord of Appeal in Ordinary becomes the President of the Court, and
(c)
the person who immediately before that commencement is the second
senior Lord of Appeal in Ordinary becomes the Deputy President of the
Court.
Appointment of judges
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Qualification for appointment
(1)
A person is not qualified to be appointed a judge of the Supreme Court unless
he has (at any time)—
(a)
held high judicial office for a period of at least 2 years, or
(b)
been a qualifying practitioner for a period of at least 15 years.
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(2)
A person is a qualifying practitioner for the purposes of this section at any time
when—

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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(a)
he has a Supreme Court qualification, within the meaning of section 71
of the Courts and Legal Services Act 1990 (c. 41),
(b)
he is an advocate in Scotland or a solicitor entitled to appear in the
Court of Session and the High Court of Justiciary, or
(c)
he is a member of the Bar of Northern Ireland or a solicitor of the
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Supreme Court of Judicature of Northern Ireland.
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Commission
(1)
This section applies if it appears to the Minister that there is, or will soon be, a
vacancy among the judges of the Supreme Court.
(2)
The Minister must appoint a commission consisting of the following
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members—
(a)
the President of the Supreme Court;
(b)
the Deputy President of the Supreme Court;
(c)
one member of each of the following bodies—
(i)
the Judicial Appointments Commission;
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(ii)
the body of persons known collectively as the Judicial
Appointments Board for Scotland (being persons appointed by
the Scottish Ministers to carry out in Scotland functions
corresponding to those of the Judicial Appointments
Commission);
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(iii)
the Northern Ireland Judicial Appointments Commission;

appointed to the commission by the Minister.
(3)
The commission is properly constituted only if all five members mentioned in
subsection (2) are appointed to it.
(4)
The commission is to be chaired by the President of the Supreme Court.
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(5)
The Minister may appoint a person under subsection (2)(c) only on the
recommendation of the Commission or Board of which the person is a
member.
(6)
The Minister may, out of money provided by Parliament, pay to any person
appointed under subsection (2)(c) such allowances as he may determine.
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Selection of candidate
(1)
The commission constituted under section 20 must—
(a)
prepare a list of candidates for the vacancy, and
(b)
submit that list to the Minister with any comments they think
appropriate.
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(2)
In preparing a list of candidates the commission must—
(a)
consider according to prescribed criteria all persons whom they think
appropriate to consider, and
(b)
consult the senior judges.
(3)
A list prepared by the commission—
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(a)
must consist of at least 2 and at most 5 candidates;
(b)
must consist only of candidates who meet the requirements of section
19;

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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(c)
must not include a member of the commission as a candidate.
(4)
When a list of candidates is submitted to the Minister, he must consult—
(a)
the senior judges,
(b)
the First Minister in Scotland,
(c)
the National Assembly for Wales, and
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(d)
the First Minister and deputy First Minister in Northern Ireland.
(5)
The Minister must—
(a)
decide which of the candidates on the list is most suitable for
appointment, and
(b)
notify the Prime Minister of the name of that candidate.
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(6)
In making a decision under subsection (5) the Minister must take account of—
(a)
any comments submitted under subsection (1)(b), and
(b)
the consultation under subsection (4).
(7)
In this section—

“prescribed” means prescribed by regulations made by the Minister;
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“the senior judges” means—
(a)
the judges of the Supreme Court (except, in relation to a
particular list of candidates, those judges who are members of
the commission responsible for preparing the list);
(b)
the Lord Chief Justice of England and Wales;
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(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;
(g)
the Chancellor of the High Court;
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(h)
the President of the Queen’s Bench Division.
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Recommendation to Her Majesty
(1)
The Prime Minister must recommend to Her Majesty the appointment of the
candidates whose name has been notified to him under section 21(5)(b).
(2)
An appointment as judge of the Supreme Court may not be made except on a
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recommendation under subsection (1).
Terms of appointment
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Oath of allegiance and judicial oath
A person appointed as a judge of the Supreme Court must, as soon as may be
after accepting office, take the oath of allegiance and the judicial oath, as set out
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in the Promissory Oaths Act 1868, in the presence of the President of the Court.
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Tenure
A judge of the Supreme Court holds that office during good behaviour, but
may be removed from it on the address of both Houses of Parliament.