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 2 — The Supreme Court
9

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Salaries and allowances
(1)
A judge of the Supreme Court is entitled to a salary.
(2)
The amount of the salary is to be determined by the Minister with the
agreement of the Treasury.
(3)
Until otherwise determined under subsection (2), the amount is that of the
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salary of a Lord of Appeal in Ordinary immediately before the commencement
of section 17.
(4)
A determination under subsection (2) may increase but not reduce the amount.
(5)
Salaries payable under this section are to be charged on and paid out of the
Consolidated Fund of the United Kingdom.
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(6)
Any allowance determined by the Minister with the agreement of the Treasury
may be paid to a judge of the Court out of money provided by Parliament.
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Resignation and retirement
(1)
A judge of the Supreme Court may at any time resign that office by giving the
Minister notice in writing to that effect.
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(2)
The President or Deputy President of the Court may at any time resign that
office (whether or not he resigns his office as a judge) by giving the Minister
notice in writing to that effect.
(3)
In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement
Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge
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of the Supreme Court”.
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Medical retirement
(1)
This section applies if the Minister is satisfied by means of a medical certificate
that a person holding office as a judge of the Supreme Court—
(a)
is disabled by permanent infirmity from the performance of the duties
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of his office, and
(b)
is for the time being incapacitated from resigning his office.
(2)
The Minister may by instrument under his hand declare the person’s office to
have been vacated.
(3)
A declaration by instrument under subsection (2) has the same effect for all
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purposes as if the person had, on the date of the instrument, resigned his office.
(4)
But such a declaration has no effect unless it is made—
(a)
in the case of an ordinary judge, with the agreement of the President
and Deputy President of the Court;
(b)
in the case of the President, with the agreement of the Deputy President
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and the senior ordinary judge;
(c)
in the case of the Deputy President, with the agreement of the President
and the senior ordinary judge.
(5)
For the purposes of this section, the senior ordinary judge at any time is, of the
ordinary judges at that time, the one who has served longest as a judge of the
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Court (whether over one or more periods and whether or not always as an
ordinary judge).

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
10

(6)
Service as a Lord of Appeal in Ordinary counts as service as a judge of the
Court for the purposes of subsection (5).
(7)
In this section “ordinary judge” means a judge of the Court who is neither
President nor Deputy President.
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Pensions
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(1)
In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20)
(application and interpretation), for “Lord of Appeal in Ordinary”—
(a)
in the first column, substitute “Judge of the Supreme Court”, and
(b)
in the second column, in each place substitute “judge of the Supreme
Court”.
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(2)
In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (c. 8)
(qualifying judicial offices: judges), for “Lord of Appeal in Ordinary”
substitute “Judge of the Supreme Court”.
(3)
The amendments made by this section to the 1981 and 1993 Acts do not affect
the operation of any provision of or made under those Acts, or anything done
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under such provision, in relation to the office of, or service as, Lord of Appeal
in Ordinary.
Acting judges
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Acting judges
(1)
At the request of the President of the Supreme Court—
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(a)
a person who holds high judicial office, or
(b)
a member of the Privy Council who is a member of the supplementary
panel under section 30,

may act as a judge of the Court.
(2)
A request under subsection (1) may be made by the Deputy President of the
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Court if there is no President or the President is unable to make that request.
(3)
In section 26(7) of the Judicial Pensions and Retirement Act 1993 (requirement
not to act in certain capacities after the age of 75) for paragraph (b) substitute—
“(b)
act as a judge of the Supreme Court under section 29 of the
Constitutional Reform Act 2004;”.
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(4)
Every person while acting under this section is, subject to subsections (5) and
(6), to be treated for all purposes as a judge of the Supreme Court (and so may
perform any of the functions of a judge of the Court).
(5)
A person is not to be treated under subsection (4) as a judge of the Court for the
purposes of any statutory provision relating to—
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(a)
the appointment, retirement, removal or disqualification of judges of
the Court,
(b)
the tenure of office and oaths to be taken by judges of the Court, or
(c)
the remuneration, allowances or pensions of judges of the Court.
(6)
Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person
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is not to be treated under subsection (4) as having been a judge of the Court if
he has acted in the Court only under this section.

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
11

(7)
Such remuneration and allowances as the Minister may with the agreement of
the Treasury determine may be paid out of money provided by Parliament to
any person who acts as a judge of the Court under this section.
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Supplementary panel
(1)
A person becomes a member of the supplementary panel on ceasing to hold
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high judicial office, but only if, while he holds such office—
(a)
his membership of the panel is approved in writing by the President of
the Supreme Court, and
(b)
the President of the Court gives the Minister notice in writing of the
approval.
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(2)
Subsection (1) does not apply to a person who ceases to hold high judicial office
when he ceases to be President of the Court.
(3)
Such a person becomes a member of the supplementary panel on ceasing to be
President of the Court, unless—
(a)
while President, he gives the Minister notice that he is not to become a
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member of the panel,
(b)
he ceases to be President on being removed from office as a judge of the
Court on the address of both Houses of Parliament, or
(c)
his office is declared vacant under section 27.
(4)
A member of the supplementary panel may resign by notice in writing to the
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President of the Court.
(5)
Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial
Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the
supplementary panel—
(a)
at the end of 5 years after the last day on which he holds high judicial
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office, or
(b)
if earlier, at the end of the day on which he attains the age of 75.
Jurisdiction
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Jurisdiction
(1)
The Supreme Court is a superior court of record.
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(2)
An appeal lies to the Court from any order or judgment of the Court of Appeal
in England and Wales in civil proceedings.
(3)
An appeal lies to the Court from any order or judgment of a court in Scotland
if an appeal lay from that court to the House of Lords at or immediately before
the commencement of this section.
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(4)
Schedule 8—
(a)
transfers other jurisdiction from the House of Lords to the Court,
(b)
transfers devolution jurisdiction from the Judicial Committee of the
Privy Council to the Court, and
(c)
makes other amendments relating to jurisdiction.
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Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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(5)
The Court has power to determine any question necessary to be determined for
the purposes of doing justice in an appeal to it under this Act or any other
enactment.
(6)
An appeal under subsection (2) lies only with the permission of the Court of
Appeal or the Supreme Court; but this is subject to provision under any other
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enactment restricting such an appeal.
Composition for proceedings
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Composition
(1)
The Supreme Court is duly constituted in any proceedings only if all of the
following conditions are met—
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(a)
the Court consists of an uneven number of judges;
(b)
the Court consists of at least three judges;
(c)
at least one of those judges is a permanent judge.
(2)
Paragraphs (a) and (b) of subsection (1) are subject to any directions that in
specified proceedings the Court is to consist of a specified number of judges
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that is both uneven and greater than three.
(3)
Paragraph (b) of subsection (1) is subject to any directions that in specified
descriptions of proceedings the Court is to consist of a specified minimum
number of judges that is greater than three.
(4)
This section is subject to section 33.
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(5)
In this section and section 33—
(a)
“directions” means directions given by the President of the Court;
(b)
“specified”, in relation to directions, means specified in those
directions;
(c)
references to permanent judges are references to those judges of the
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Court who are not acting judges under section 29.
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Changes in composition
(1)
This section applies if—
(a)
the Court has been duly constituted in proceedings in accordance with
section 32, and
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(b)
before the proceedings are concluded one or more of the members of
the Court are unable to continue.
(2)
The Court is still duly constituted as long as it consists of at least three judges,
even if—
(a)
it consists of an even number of judges, or
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(b)
none of the judges is a permanent judge.
(3)
Subsection (2) is subject to directions.
(4)
If the Court consists of an even number of judges and those judges are evenly
divided, the case is to be re-argued in a Court which is constituted in
accordance with section 32.
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