Constitutional Reform Bill [HL]

House of Lords

Session 2002 - 03
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Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 1 — The Lord Chancellor
224

Judicial Committee Act 1881 (c. 3)
9
The Judicial Committee Act 1881 ceases to have effect.
Judicial Committee Act 1915 (c. 92)
10
In section 1 of the Judicial Committee Act 1915 (power of Judicial Committee
to sit in more than one division) omit “and the Lord President of the
5
Council”.
Schedule 14
Section 104

Minor and consequential amendments
Part 1
The Lord Chancellor
10
Treason Act 1351 (c. 2)
1
In the Treason Act 1351, omit the reference to the Lord Chancellor.
Fines Act 1833 (c. 99)
2
The Fines Act 1833 ceases to have effect.
Promissory Oaths Act 1868 (c.72)
15
3
In the Schedule to the Promissory Oaths Act 1868 (persons to take oaths)—
(a)
in Part 1 omit “Lord Chancellor”;
(b)
in Part 2 omit “The Lord Chancellor of Great Britain”.
Universities of Oxford and Cambridge Act 1877 (c.48)
4
In the Universities of Oxford and Cambridge Act 1877, in section 44
20
(constitution of Universities Committee of Privy Council) omit—
(a)
“the Lord Chancellor,” in the first place;
(b)
“the Lord Chancellor or”.
Sheriffs Act 1887 (c.55)
5
In the Sheriffs Act 1887, in section 6 (nomination and appointment of
25
sheriffs) in subsection (1) omit “the Lord Chancellor,”.
Agriculture Act 1958 (c. 71)
6
In Schedule 1 to the Agriculture Act 1958 (minor and consequential
amendments) omit the following—
(a)
in paragraph 3, sub-paragraph (a);
30
(b)
paragraph 4;
(c)
paragraph 27.

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 2
225

Administration of Justice Act 1964 (c. 42)
7
In section 37 of the Administration of Justice Act 1964 (financial provisions)
omit subsection (2).
Part 2
Amendments relating to Part 2
5
Appellate Jurisdiction Act 1876 (c. 59)
8
The Appellate Jurisdiction Act 1876 ceases to have effect.
Jurisdiction in Rating Act 1877 (c. 11)
9
In the Jurisdiction in Rating Act 1877, in section 3 (interpretation) in the
definition of “Judge” for the words from “any Lord of Appeal” to the end of
10
the definition substitute “any judge of the Supreme Court and any person
acting as a judge of that court under section 29 of the Constitutional Reform
Act 2004.”.
Appellate Jurisdiction Act 1887 (c. 70)
10
The Appellate Jurisdiction Act 1887 ceases to have effect.
15
Supreme Court of Judicature Act 1891 (c. 53)
11
The Supreme Court of Judicature Act 1891 ceases to have effect.
Appellate Jurisdiction Act 1947 (c. 11)
12
The Appellate Jurisdiction Act 1947 ceases to have effect.
Life Peerages Act 1958 (c. 21)
20
13
In the Life Peerages Act 1958, in section 1 (power to create life peerages), in
subsection (1) omit the words “Without prejudice to Her Majesty’s powers
as to the appointment of Lords of Appeal in Ordinary,”.
Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1)
14    (1)
The Ecclesiastical Jurisdiction Measure 1963 is amended as follows.
25
      (2)
In section 11 (review of commissions of convocation or Court of
Ecclesiastical Causes Reserved) for “Lords of Appeal (within the meaning of
the Appellate Jurisdiction Act 1876)” substitute “judges of the Supreme
Court, or members of the supplementary panel under section 30 of the
Constitutional Reform Act 2004,”.
30
      (3)
In section 66(1) (interpretation) for the definition of “high judicial office”
substitute—

““high judicial office” means such office within the meaning of
Part 2 of the Constitutional Reform Act 2004 or membership
of the Judicial Committee of the Privy Council;”.
35

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 2
226

Law Commissions Act 1965 (c. 22)
15
In section 6 of the Law Commissions Act 1965 (supplemental) for the words
from “has the same meaning” to “1887;” substitute “means such office within
the meaning of Part 2 of the Constitutional Reform Act 2004 or membership
of the Judicial Committee of the Privy Council;”.
5
Administration of Justice Act 1968 (c. 5)
16
The Administration of Justice Act 1968 ceases to have effect.
Administration of Justice Act 1973 (c. 15)
17    (1)
The Administration of Justice Act 1973 is amended as follows.
      (2)
In section 9 (judicial salaries) omit subsection (1)(a).
10
      (3)
In section 12 (retirement of higher judiciary in event of incapacity)—
(a)
in subsection (1)—
(i)
omit “as Lord of Appeal in Ordinary, or”;
(ii)
for “subsections (2) to (4)” substitute “subsection (4)”;
(b)
omit subsection (2).
15
Juries Act 1974 (c. 23)
18
In the Juries Act 1974, in Group A in Part 1 of Schedule 1 (persons ineligible:
the judiciary)—
(a)
in the entry relating to holders of high judicial office, for “the
Appellate Jurisdiction Act 1876” substitute “Part 2 of the
20
Constitutional Reform Act 2004”, and
(b)
after that entry insert the following entry—

“Members of the Judicial Committee of the Privy Council (if
not holders of high judicial office within the meaning of that
Part).”
25
Judicature (Northern Ireland) Act 1978 (c. 23)
19    (1)
The Judicature (Northern Ireland) Act 1978 is amended as follows.
      (2)
In section 7 (further assistance for transaction of judicial business) in
subsections (1)(a) and (4) for “Lord of Appeal in Ordinary” substitute “judge
of the Supreme Court”.
30
      (3)
In section 9 (qualifications of judges), in subsection (3)(b) for “Lord of
Appeal in Ordinary” substitute “judge of the Supreme Court”.
Supreme Court Act 1981 (c. 54)
20    (1)
The Supreme Court Act 1981 is amended as follows.
      (2)
In section 2 (the Court of Appeal), in subsection (2)(c) for “Lord of Appeal in
35
Ordinary” substitute “judge of the Supreme Court”.
      (3)
In section 9 (assistance for transaction of judicial business), in subsection (8)
for paragraph (a)(i) substitute—
“(i)
a judge of the Supreme Court; or”.

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 2
227

      (4)
In section 11 (tenure of offices), in subsection (4) for “Lord Chancellor or a
Lord of Appeal in Ordinary” substitute “a judge of the Supreme Court”.
      (5)
In section 13 (precedence), in subsection (1)(b) for the words “Lords of
Appeal in Ordinary” in each place substitute “judges of the Supreme Court”.
Civil Jurisdiction and Judgments Act 1982 (c. 27)
5
21
In the Civil Jurisdiction and Judgments Act 1982, in section 50
(interpretation) in the definition of “court of law” for paragraph (a)
substitute—
“(a)
the Supreme Court,”.
Courts and Legal Services Act 1990 (c. 41)
10
22
In the Courts and Legal Services Act 1990, in Schedule 11 (judges etc barred
from legal practice) for the words “Lord of Appeal in Ordinary” substitute
“Judge of the Supreme Court”.
Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 3)
23
In the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, in
15
section 31(1) (interpretation) for the definition of “high judicial office”
substitute—

““high judicial office” means such office within the meaning of
Part 2 of the Constitutional Reform Act 2004 or membership
of the Judicial Committee of the Privy Council;”.
20
Justices of the Peace Act 1997 (c. 25)
24
In section 7(2) of the Justices of the Peace Act 1997 (the supplemental list)—
(a)
in paragraph (a) omit “within the meaning of the Appellate
Jurisdiction Act 1876”, and
(b)
after paragraph (b) insert “;
25

and in this subsection “high judicial office” means such office
within the meaning of Part 2 of the Constitutional Reform Act
2004 or membership of the Judicial Committee of the Privy
Council.”.
Police Act 1997 (c. 50)
30
25
In section 91(2) of the Police Act 1997 (Commissioners for the authorisation
of action in respect of property) for “the Appellate Jurisdiction Act 1876
(c. 59)).” substitute “Part 2 of the Constitutional Reform Act 2004 or are or
have been members of the Judicial Committee of the Privy Council.”
Special Immigration Appeals Commission Act 1997 (c. 68)
35
26
In paragraph 5 of Schedule 1 to the Special Immigration Appeals
Commission Act 1997 (the Commission) for “the Appellate Jurisdiction Act
1876)” substitute “Part 2 of the Constitutional Reform Act 2004) or is or has
been a member of the Judicial Committee of the Privy Council”.

Constitutional Reform Bill [HL]
Schedule 14 — Minor and consequential amendments
Part 2 — Amendments relating to Part 2
228

Terrorism Act 2000 (c. 11)
27
In paragraph 4(3)(b) of Schedule 3 to the Terrorism Act 2000 (the Proscribed
Organisations Appeal Commission) for “the Appellate Jurisdiction Act
1876)” substitute “Part 2 of the Constitutional Reform Act 2004) or is or has
been a member of the Judicial Committee of the Privy Council”.
5
Regulation of Investigatory Powers Act 2000 (c. 23)
28    (1)
The Regulation of Investigatory Powers Act 2000 is amended as follows.
      (2)
In each of—
(a)
section 57(5) (Interception of Communications Commissioner),
(b)
section 59(5) (Intelligence Services Commissioner), and
10
(c)
paragraphs 1(1)(a) and 2(2) of Schedule 3 (the Tribunal),

for “the Appellate Jurisdiction Act 1876)” substitute “Part 2 of the
Constitutional Reform Act 2004) or is or has been a member of the Judicial
Committee of the Privy Council”.
      (3)
In section 61(8)(a) (Investigatory Powers Commissioner for Northern
15
Ireland) for “the Appellate Jurisdiction Act 1876” substitute “Part 2 of the
Constitutional Reform Act 2004”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
29
In Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (the
Pathogens Access Appeal Commission), in paragraph 4(3)(b) for “the
20
Appellate Jurisdiction Act 1876 (c. 59));” substitute “Part 2 of the
Constitutional Reform Act 2004) or is or has been a member of the Judicial
Committee of the Privy Council;”.
European Parliamentary Elections Act 2002 (c. 24)
30
In the European Parliamentary Elections Act 2002, in section 10
25
(disqualification) in subsection (1) omit paragraph (b) and the “or”
immediately preceding it.
Justice (Northern Ireland) Act 2002 (c. 26)
31    (1)
The Justice (Northern Ireland) Act 2002 is amended as follows.
      (2)
In each of—
30
(a)
section 8(4)(a),
(b)
section 24(4)(a), and
(c)
section 43(5)(a),

(tribunals for considering removal from certain offices) for the words from
“holds the office” to “Appellate Jurisdiction Act 1887 (c. 70))” substitute
35
“holds high judicial office, within the meaning of Part 2 of the Constitutional
Reform Act 2004”.
      (3)
Omit section 18(1) (amendment of section 6 of the Appellate Jurisdiction Act
1876).

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 2 — Powers to give directions
229

Nationality, Immigration and Asylum Act 2002 (c. 41)
32
In paragraph 3 of Schedule 5 to the Nationality, Immigration and Asylum
Act 2002 (President of the Immigration Appeal Tribunal) for “the Appellate
Jurisdiction Act 1876 (c. 59).” substitute “Part 2 of the Constitutional Reform
Act 2004 or is or has been a member of the Judicial Committee of the Privy
5
Council.”
Clergy Discipline Measure 2003 (2003 No. 3)
33
In the Clergy Discipline Measure 2003, in section 43(1) (interpretation) for
the definition of “high judicial office” substitute—

““high judicial office” means such office within the meaning of
10
Part 2 of the Constitutional Reform Act 2004 or membership
of the Judicial Committee of the Privy Council;”.
Schedule 15
Section 105

Repeals and revocations
Part 1
15
Power to make rules

Reference
Extent of repeal or revocation

Courts-Martial (Appeals) Act
Section 49(3) and (4).

1968 (c. 20)

Supreme Court Act 1981 (c. 54)
Section 127(3).

20

Section 136(3).

Mental Health Act 1983 (c. 20)
In section 65(3) “by the Lord Chancellor”.

County Courts Act 1984 (c. 28)
Section 38(4)(c).

Matrimonial and Family
In the second paragraph of section 40(2)—

Proceedings Act 1984 (c. 42)
(a)
in paragraph (a) “by the Lord

25

Chancellor”;

(b)
in paragraph (b) “by the President of the

Family Division with the concurrence of

the Lord Chancellor”.

Coroners Act 1988 (c. 13)
Section 32(4).

30
Part 2
Powers to give directions

Reference
Extent of repeal or revocation

County Courts Act 1984
In section 74A(3) “of the Lord Chancellor”.

Section 74A(4).

35

Courts Act 2003 (c. 39)
Section 74(4).

Constitutional Reform Bill [HL]
Schedule 15 — Repeals and revocations
Part 3 — Judiciary-related functions and organisation of the courts
230

Part 3
Judiciary-related functions and organisation of the courts

Reference
Extent of repeal or revocation

Habeas Corpus Act 1679 (c. 2)
In section 1 “the lord chauncelior or lord keeper

of the great seale of England for the time

5

being or”.

In section 2—

(a)
“the lord chauncellour or lord keeper or”

in each place;

(b)
“lord chauncellor lord keeper”;

10

(c)
“the said lord chauncellor or lord keeper

or” in the first and second places;

(d)
“lord chauncellor or lord keeper or” in

the last place.

In section 9 “the said lord chauncellor or lord

15

keeper or”.

British Law Ascertainment Act
In section 5 “the Lord Chancellor,”.

1859 (c. 63)

Compensation (Defence) Act
Section 9(1)(a).

1939 (c. 75)

20

Pensions Appeal Tribunals Act
In section 13(a) “by the Lord Chancellor”.

1943 (c. 39)

Agriculture Act 1947 (c. 48)
In section 108(1) “by the Minister” in the second

place.

Lands Tribunal Act 1949 (c. 42)
In section 2(9)(a) “to the Lord President of the

25

Court of Session or, in subsections (5) to (7),”.

Agriculture Act 1958 (c. 71)
In Schedule 1, paragraphs 3(a), 4 and 27.

Mental Health Act 1959 (c. 72)
In section 145 “or the Lord Chancellor”.

Administration of Justice Act
In section 14(2) “; and no such application shall

1960 (c. 65)
in any case be made to the Lord Chancellor”.

30

Courts Act 1971 (c. 23)
In Schedule 10, paragraphs 3 and 4.

Land Charges Act 1972 (c. 61)
In section 16(2) “of the Lord Chancellor, with

the concurrence of the Secretary of State,”.

Hearing Aid Council Act 1968
In section 13 “on the Lord Chancellor”.

(c. 50)

35

Rent (Agriculture) Act 1976
Section 26(5).

(c. 80)

Rent Act 1977 (c. 42)
Section 142.

Domestic Proceedings and
In section 2(3), the second paragraph.

Magistrates’ Courts Act 1978

40

(c. 22)

Housing Act 1980 (c. 51)
Section 86(4) to (6).

Judicial Pensions Act 1981
In section 1 in the entry beginning “Judge of the

(c. 20)
Supreme Court” in the first column of the

table “, other than the Lord Chancellor”.

45