Royal Arms Constitutional Reform Act 2005

2005 Chapter 4


 

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Constitutional Reform Act 2005

2005 Chapter 4

 
 
 
CONTENTS

PART 1
THE RULE OF LAW
Section 
1The rule of law

PART 2
ARRANGEMENTS TO MODIFY THE OFFICE OF LORD CHANCELLOR
Qualifications for office of Lord Chancellor
2Lord Chancellor to be qualified by experience

Continued judicial independence
3Guarantee of continued judicial independence
4Guarantee of continued judicial independence: Northern Ireland

Representations by senior judges
5Representations to Parliament
6Representations to the Northern Ireland Assembly

Judiciary and courts in England and Wales
7President of the Courts of England and Wales
8Head and Deputy Head of Criminal Justice
9Head and Deputy Head of Family Justice

Judiciary and courts in Northern Ireland
10The Lord Chancellor and Northern Ireland courts
11Lord Chief Justice of Northern Ireland

Other provisions about the judiciary and courts
12Powers to make rules
13Powers to give directions
14Transfer of appointment functions to Her Majesty
15Other functions of the Lord Chancellor and organisation of the courts
16Functions of the Lord Chief Justice during vacancy or incapacity

Lord Chancellor's oath
17Lord Chancellor's oath

Speakership of the House of Lords
18Speakership of the House of Lords

Functions subject to transfer, modification or abolition
19Transfer, modification or abolition of functions by order
20Protected functions not transferable under Ministers of the Crown Act 1975
21Amendment of Schedule 7

Supplementary
22Transfers: supplementary

PART 3
THE SUPREME COURT
The Supreme Court
23The Supreme Court
24First members of the Court

Appointment of judges
25Qualification for appointment
26Selection of members of the Court
27Selection process
28Report
29The Lord Chancellor's options
30Exercise of powers to reject or require reconsideration
31Selection following rejection or requirement to reconsider

Terms of appointment
32Oath of allegiance and judicial oath
33Tenure
34Salaries and allowances
35Resignation and retirement
36Medical retirement
37Pensions

Acting judges
38Acting judges
39Supplementary panel

Jurisdiction, relation to other courts etc
40Jurisdiction
41Relation to other courts etc

Composition for proceedings
42Composition
43Changes in composition

Practice and procedure
44Specially qualified advisers
45Making of rules
46Procedure after rules made
47Photography etc

Staff and resources
48Chief executive
49Officers and staff
50Accommodation and other resources
51System to support Court in carrying on business

Fees
52Fees
53Fees: supplementary

Annual report
54Annual report

Supplementary
55Seal
56Records of the Supreme Court
57Proceedings under jurisdiction transferred to the Supreme Court
58Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme Court
59Renaming of Supreme Courts of England and Wales and Northern Ireland
60Interpretation of Part 3

PART 4
JUDICIAL APPOINTMENTS AND DISCIPLINE
CHAPTER 1
COMMISSION AND OMBUDSMAN
61The Judicial Appointments Commission
62Judicial Appointments and Conduct Ombudsman

CHAPTER 2
APPOINTMENTS
General provisions
63Merit and good character
64Encouragement of diversity
65Guidance about procedures
66Guidance: supplementary

Lord Chief Justice and Heads of Division
67Selection of Lord Chief Justice and Heads of Division
68Duty to fill vacancies
69Request for selection
70Selection process
71Selection panel
72Report
73The Lord Chancellor's options
74Exercise of powers to reject or require reconsideration
75Selection following rejection or requirement to reconsider

Lords Justices of Appeal
76Selection of Lords Justices of Appeal
77Duty to fill vacancies
78Request for selection
79Selection process
80Selection panel
81Report
82The Lord Chancellor's options
83Exercise of powers to reject or require reconsideration
84Selection following rejection or requirement to reconsider

Puisne judges and other office holders
85Selection of puisne judges and other office holders
86Duty to fill vacancies
87Request for selection
88Selection process
89Report
90The Lord Chancellor's options
91Exercise of powers to reject or require reconsideration
92Selection following rejection or requirement to reconsider
93Reconsideration of decision not to select
94Duty to identify persons for future requests

Supplementary provisions about selection
95Withdrawal and modification of requests
96Effect of acceptance of selection
97Scotland and Northern Ireland

Assistance in connection with other appointments
98Assistance in connection with other appointments

Complaints and references
99Complaints: interpretation
100Complaints to the Commission or the Lord Chancellor
101Complaints to the Ombudsman
102Report and recommendations
103Report procedure
104References by the Lord Chancellor
105Information

Miscellaneous
106Consultation on appointment of lay justices
107Disclosure of information to the Commission

CHAPTER 3
DISCIPLINE
Disciplinary powers
108Disciplinary powers
109Disciplinary powers: interpretation

Applications for review and references
110Applications to the Ombudsman
111Review by the Ombudsman
112Reports on reviews
113References to the Ombudsman relating to conduct
114Reports on references

General
115Regulations about procedures
116Contents of regulations
117Procedural rules
118Extension of discipline provisions to other offices
119Delegation of functions

Scotland and Northern Ireland
120Scotland
121Northern Ireland

CHAPTER 4
INTERPRETATION OF PART 4
122Interpretation of Part 4

PART 5
JUDICIAL APPOINTMENTS AND REMOVALS: NORTHERN IRELAND
CHAPTER 1
APPOINTMENTS
Disclosure of information to Commission
123Disclosure of information to the Northern Ireland Judicial Appointments Commission

Ombudsman
124Northern Ireland Judicial Appointments Ombudsman

Complaints and references
125Complaints: interpretation
126Complaints to the Commission or the Lord Chancellor
127Complaints to the Ombudsman
128Report and recommendations
129Report procedure
130References by the Lord Chancellor
131Information
132Confidentiality in relation to judicial appointments and discipline

CHAPTER 2
REMOVALS
133Removal from most senior judicial offices
134Removal from listed judicial offices
135Tribunals for considering removal
136Interpretation of Part 5

PART 6
OTHER PROVISIONS RELATING TO THE JUDICIARY
137Parliamentary disqualification
138Judicial Committee of the Privy Council

PART 7
GENERAL
139Confidentiality
140"Enactment"
141"Subordinate legislation"
142General interpretation
143Supplementary provision etc
144Orders and regulations
145Minor and consequential amendments
146Repeals and revocations
147Extent
148Commencement
149Short title
 

 
    Schedule 1-Powers to make rules
    Part 1-The process
    Part 2-Rule-making powers subject to the process in Part 1
    Schedule 2-Powers to give directions
    Part 1-The process
    Part 2-Powers of direction subject to the process in Part 1
    Schedule 3-Transfer of appointment functions to Her Majesty
    Schedule 4-Other functions of the Lord Chancellor and organisation of the courts
    Part 1-Amendments
    Part 2-Amendments of or relating to enactments repealed or amended otherwise than by this Act
    Schedule 5-Functions under legislation relating to Northern Ireland
    Part 1-Amendments
    Part 2-Amendments relating to enactments repealed or amended otherwise than by this Act
    Schedule 6-Speakership of the House of Lords
    Schedule 7-Protected functions of the Lord Chancellor
    Schedule 8-Supreme Court selection commissions
    Part 1-Membership
    Part 2-Dissolution
    Part 3-Duty to convene commission: special rules
    Schedule 9-Amendments relating to jurisdiction of the Supreme Court
    Part 1-Jurisdiction transferred from the House of Lords
    Part 2-Devolution jurisdiction
    Schedule 10-Proceedings under jurisdiction transferred to Supreme Court
    Schedule 11-Renaming of the Supreme Courts of England and Wales and Northern Ireland
    Part 1-Citation of Acts and Rules
    Part 2-Miscellaneous amendments: Supreme Court of England and Wales
    Part 3-Miscellaneous amendments: Supreme Court of Judicature of Northern Ireland
    Part 4-Specific Amendments
    Schedule 12-The Judicial Appointments Commission
    Part 1-The Commissioners
    Part 2-The Commission
    Schedule 13-The Judicial Appointments and Conduct Ombudsman
    Schedule 14-The Judicial Appointments Commission: Relevant Offices and Enactments
    Part 1-Appointments by Her Majesty
    Part 2-Appointments by the Lord Chancellor: Offices to which paragraph 2(2)(d) of Schedule 12 does not apply
    Part 3-Appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies
    Schedule 15-Northern Ireland Judicial Appointments Ombudsman
    Schedule 16-Judicial Committee of the Privy Council
    Schedule 17-Minor and consequential amendments
    Part 1-The Lord Chancellor
    Part 2-Amendments relating to Part 3
    Part 3-Northern Ireland
    Schedule 18-Repeals and revocations
    Part 1-Powers to make rules
    Part 2-Judiciary-related functions and organisation of the courts
    Part 3-Functions under legislation relating to Northern Ireland
    Part 4-The Lord Chancellor: minor and consequential
    Part 5-Supreme Court
    Part 6-Judicial Committee of the Privy Council
 


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Prepared 5 April 2005