Constitutional Reform Bill [HL]

House of Lords

Session 2002 - 03
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Part 1 — Arrangements to modify the office of Lord Chancellor
1

A
Bill
[AS AMENDED IN COMMITTEE ON RE-COMMITMENT]
To
Make provision for modifying the office of Lord Chancellor, and to make
provision relating to the functions of that office; to establish a Supreme Court
of the United Kingdom, and to abolish the appellate jurisdiction of the House
of Lords; to make provision about the jurisdiction of the Judicial Committee of
the Privy Council and the judicial functions of the President of the Council; to
make other provision about the judiciary, their appointment and discipline;
and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Arrangements to modify the office of Lord Chancellor
Continued judicial independence
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Guarantee of continued judicial independence
(1)
The Lord Chancellor, other Ministers of the Crown and all with responsibility
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for matters relating to the judiciary or otherwise to the administration of justice
must uphold the continued independence of the judiciary.
(2)
Subsection (1) does not impose any duty which it would be within the
legislative competence of the Scottish Parliament to impose.
(3)
A person is not subject to the duty imposed by subsection (1) if he is subject to
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the duty imposed by section 1(1) of the Justice (Northern Ireland) Act 2002
(c. 26).
(4)
The following particular duties are imposed for the purpose of upholding that
independence.

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Constitutional Reform Bill [HL]
Part 1 — Arrangements to modify the office of Lord Chancellor
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(5)
Ministers of the Crown must not seek to influence particular judicial decisions
through any special access to the judiciary.
(6)
The Lord Chancellor (“the Minister”) must have regard to—
(a)
the need to defend that independence;
(b)
the need for the judiciary to have the support necessary to enable them
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to exercise their functions;
(c)
the need for the public interest in regard to matters relating to the
judiciary or otherwise to the administration of justice to be properly
represented in decisions affecting those matters.
(7)
In this section “the judiciary” includes the judiciary of any of the following—
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(a)
the Supreme Court;
(b)
any other court established under the law of any part of the United
Kingdom;
(c)
any international court.
(8)
In subsection (7) “international court” means the International Court of Justice
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or any other court or tribunal which exercises jurisdiction, or performs
functions of a judicial nature, in pursuance of—
(a)
an agreement to which the United Kingdom or Her Majesty’s
Government in the United Kingdom is a party, or
(b)
a resolution of the Security Council or General Assembly of the United
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Nations.
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Guarantee of continued judicial independence: Northern Ireland
(1)
For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of
continued judicial independence) substitute—
“1
Guarantee of continued judicial independence
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(1)
The following persons must uphold the continued independence of the
judiciary—
(a)
the First Minister,
(b)
the deputy First Minister,
(c)
Northern Ireland Ministers, and
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(d)
all with responsibility for matters relating to the judiciary or
otherwise to the administration of justice, where that
responsibility is to be discharged only in or as regards Northern
Ireland.
(2)
The following particular duty is imposed for the purpose of upholding
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that independence.
(3)
The First Minister, the deputy First Minister and Northern Ireland
Ministers must not seek to influence particular judicial decisions
through any special access to the judiciary.
(4)
In this section “the judiciary” includes the judiciary of any of the
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following—
(a)
the Supreme Court;
(b)
any other court established under the law of any part of the
United Kingdom;
(c)
any international court.
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Constitutional Reform Bill [HL]
Part 1 — Arrangements to modify the office of Lord Chancellor
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(5)
In subsection (4) “international court” means the International Court of
Justice or any other court or tribunal which exercises jurisdiction, or
performs functions of a judicial nature, in pursuance of—
(a)
an agreement to which the United Kingdom or Her Majesty’s
Government in the United Kingdom is a party, or
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(b)
a resolution of the Security Council or General Assembly of the
United Nations.”
(2)
In section 91(2) of that Act (extent: provisions not restricted to Northern
Ireland), before paragraph (a) insert—
“(za)
section 1,”.
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The judiciary and the courts
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President of the Courts of England and Wales
(1)
The Lord Chief Justice holds the office of President of the Courts of England
and Wales.
(2)
As President of the Courts of England and Wales he is responsible—
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(a)
for representing the views of the judiciary of England and Wales to
Parliament, to the Minister and to Ministers of the Crown generally;
(b)
for the maintenance of appropriate arrangements for the welfare,
training and guidance of the judiciary of England and Wales within the
resources made available by the Minister;
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(c)
for the maintenance of appropriate arrangements for the deployment of
the judiciary of England and Wales and the allocation of work within
courts.
(3)
The President of the Courts of England and Wales is president of the courts
listed in subsection (4) and is entitled to sit in any of those courts.
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(4)
The courts are—

the Court of Appeal

the High Court

the Crown Court

the county courts
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the magistrates’ courts.
(5)
In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2) (Lord
Chancellor to be president of the Supreme Court of England and Wales) ceases
to have effect.
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Head and Deputy Head of Criminal Justice
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(1)
There is to be a Head of Criminal Justice.
(2)
The Head of Criminal Justice is—
(a)
the Lord Chief Justice, or
(b)
if the Lord Chief Justice appoints another person, that person.
(3)
The Lord Chief Justice may appoint a person to be Deputy Head of Criminal
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Justice.

Constitutional Reform Bill [HL]
Part 1 — Arrangements to modify the office of Lord Chancellor
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(4)
The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3)
unless these conditions are met—
(a)
the Lord Chief Justice has consulted the Minister;
(b)
the person to be appointed is an ordinary judge of the Court of Appeal.
(5)
A person appointed under subsection (2)(b) or (3) holds the office to which he
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is appointed in accordance with the terms of his appointment.
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Head and Deputy Head of Family Justice
(1)
The President of the Family Division is Head of Family Justice.
(2)
The Lord Chief Justice may appoint a person to be Deputy Head of Family
Justice.
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(3)
The Lord Chief Justice must not appoint a person under subsection (2) unless
these conditions are met—
(a)
the Lord Chief Justice has consulted the Minister;
(b)
the person to be appointed is an ordinary judge of the Court of Appeal.
(4)
A person appointed as Deputy Head of Family Justice holds that office in
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accordance with the terms of his appointment.
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Powers to make rules
(1)
Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.
(2)
Part 2 of the Schedule contains amendments of Acts that contain rule-making
powers.
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(3)
Those amendments—
(a)
provide for those powers to be exercised in accordance with the process
set out in Part 1 of the Schedule, and
(b)
make consequential provision.
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Powers to give directions
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(1)
Part 1 of Schedule 2 sets out a process for the exercise of powers to give
directions.
(2)
Part 2 of the Schedule contains amendments of Acts that contain powers to give
directions.
(3)
Those amendments—
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(a)
provide for those powers to be exercised in accordance with the process
set out in Part 1 of the Schedule, and
(b)
make consequential provision.
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Transfer of appointment functions
(1)
Part 1 of Schedule 3—
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(a)
provides for Her Majesty instead of the Lord Chancellor to make
appointments to certain offices, and
(b)
makes other modifications to enactments relating to those offices.

Constitutional Reform Bill [HL]
Part 1 — Arrangements to modify the office of Lord Chancellor
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(2)
Part 2 of the Schedule contains amendments that relate to other appointment
functions of the Lord Chancellor.
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Other judiciary-related functions and organisation of the courts
Schedule 4 contains amendments which relate to—
(a)
certain functions of the Lord Chancellor, or
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(b)
the organisation of the courts.
Other functions of the Lord Chancellor
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The Great Seal
(1)
While a person holds office as the Minister, the Great Seal is to be in his
custody.
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(2)
The functions of the Lord Chancellor in relation to the custody and use of the
Great Seal are transferred to the Minister.
(3)
Schedule 5 makes consequential amendments and other amendments relating
to the keeper and Commissioners of the Great Seal.
(4)
Subsection (1) is subject to the power of Her Majesty to commit the Great Seal
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to the custody of Commissioners of the Great Seal appointed by letters patent
under that seal.
(5)
The functions of such Commissioners (subject to any limitation in the
Commission) are the functions transferred to or otherwise conferred on the
Minister by subsection (2) or Schedule 5.
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(6)
So far as may be necessary in consequence of any of those functions becoming
exercisable by Commissioners of the Great Seal, an enactment or instrument
has effect as if references to the Minister were references to the Commissioners.
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Speakership of the House of Lords
Schedule 6 contains amendments relating to the Speakership of the House of
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Lords.
Supplementary
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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”).
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(2)
Where the transferee is Her Majesty, references to the transferee in the
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.
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(4)
So far as is necessary in consequence of the transfer, an enactment or
instrument passed or made before the commencement of the provision has
effect, subject to any amendment made by this Act, as if—

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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(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;
(c)
a reference to an officer of the Lord Chancellor were a reference to an
officer of the transferee.
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(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.
(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
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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
the transferee.
(8)
Documents or forms printed for use in connection with the function may be
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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.
(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
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department or an officer of his.
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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
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The Supreme Court
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The Supreme Court
(1)
There is to be a Supreme Court of the United Kingdom.
(2)
The Court consists of 12 judges appointed by Her Majesty by letters patent.
(3)
Her Majesty may from time to time by Order in Council amend subsection (2)
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so as to increase or further increase the number of judges of the Court.
(4)
No recommendation may be made to Her Majesty in Council to make an Order
under subsection (3) unless a draft of the Order has been laid before and
approved by resolution of each House of Parliament.
(5)
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.
(6)
The judges other than the President and Deputy President are to be styled
“Justices of the Supreme Court”.
(7)
The Court is to be taken to be duly constituted despite any vacancy among the
judges of the Court or in the office of President or Deputy President.
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