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 2 — The Supreme Court
16

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Making of rules
(1)
The President of the Supreme Court may make rules (to be known as “Supreme
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
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provision for different cases, including different provision—
(a)
for different descriptions of proceedings, or
(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—
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(a)
the Court is accessible, fair and efficient, and
(b)
the rules are both simple and simply expressed.
(4)
Before making Supreme Court Rules the President must consult all of the
following—
(a)
the Minister;
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(b)
the bodies listed in subsection (5);
(c)
such other bodies that represent persons likely to be affected by the
Rules as the President considers it appropriate to consult.
(5)
The bodies referred to in subsection (4)(b) are—

The General Council of the Bar of England and Wales;
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The Law Society of England and Wales;

The Faculty of Advocates of Scotland;

The Law Society of Scotland;

The General Council of the Bar of Northern Ireland;

The Law Society of Northern Ireland.
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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)
Supreme Court Rules submitted to the Minister—
(a)
come into force on such day as the Minister directs, and
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(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.
(3)
A statutory instrument containing Supreme Court Rules is subject to
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
court of a coroner), apart from the Supreme Court;”.
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(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
17

substitute—
“(a)
the expression “court” means any court of justice (including the
court of a coroner), apart from the Supreme Court;”.
Resources
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Minister’s duty
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(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
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Court are references to his duty under subsection (1).
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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.
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Staff: provision by third parties
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(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 Queen’s Bench Division;
(g)
the President of the Family Division;
(h)
the Chancellor of the High Court.

Constitutional Reform Bill [HL]
Part 2 — The Supreme Court
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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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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
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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 Queen’s Bench Division;
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(g)
the President of the Family Division;
(h)
the Chancellor of the High Court.
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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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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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Interpretation of Part 2
(1)
In this Part—

“part of the United Kingdom” means England and Wales, Scotland or
Northern Ireland;

“the senior judges” means—
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(a)
the judges 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;
(e)
the Lord Chief Justice of Northern Ireland;
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Constitutional Reform Bill [HL]
Part 3 — Judicial appointments and discipline
Chapter 1 — Commission and Ombudsman
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(f)
the President of the Queen’s Bench Division;
(g)
the President of the Family Division;
(h)
the Chancellor of the High Court;

“the Supreme Court” means the Supreme Court of the United Kingdom.
(2)
In this Part—
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(a)
“high judicial office” means office as a judge of any of the following
courts—
(i)
the Supreme Court;
(ii)
the Court of Appeal in England and Wales;
(iii)
the High Court in England and Wales;
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(iv)
the Court of Session;
(v)
the Court of Appeal in Northern Ireland;
(vi)
the High Court in Northern Ireland;

or as a Lord of Appeal in Ordinary;
(b)
a person appointed to the office of Lord Chancellor on or after 12 June
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2003 who holds, or held, office of a kind referred to in paragraph (a)
(“the qualifying office”) is to be regarded as holding, or having held,
high judicial office only if—
(i)
he has ceased to be Lord Chancellor by virtue of that
appointment, and
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(ii)
he holds, or held, the qualifying office otherwise than by virtue
of that appointment as Lord Chancellor.
(3)
In this Part—
(a)
“ordinary judge” means a judge of the Supreme Court who is not the
President or the Deputy President of the Court;
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(b)
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 Court (whether
over one or more periods and whether or not including one or more
previous periods as President or Deputy President).
(4)
Service as a Lord of Appeal in Ordinary counts as service as a judge of the
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Court for the purposes of subsection (3)(b).
(5)
In this Part references to the Minister notifying a selection are to be read in
accordance with section 20(6).
Part 3
Judicial appointments and discipline
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Chapter 1
Commission and Ombudsman
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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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