Office of Public Sector Information
PART 3 continued
(3) The President must exercise the power to make Supreme Court Rules with a view to securing that—
(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 Lord Chancellor;
(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;
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.
(1) Supreme Court Rules made by the President of the Supreme Court must be submitted by him to the Lord Chancellor.
(2) Supreme Court Rules submitted to the Lord Chancellor—
(a) come into force on such day as the Lord Chancellor directs, and
(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.
(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;”.
(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) substitute—
“(a) the expression “court” means any court of justice (including the court of a coroner), apart from the Supreme Court;”.
(1) The Supreme Court is to have a chief executive.
(2) The Lord Chancellor must appoint the chief executive, after consulting the President of the Court.
(3) The President of the Court may delegate to the chief executive any of these functions—
(a) functions of the President under section 49(1);
(b) non-judicial functions of the Court.
(4) The chief executive must carry out his functions (under subsection (3) or otherwise) in accordance with any directions given by the President of the Court.
(1) The President of the Supreme Court may appoint officers and staff of the Court.
(2) It is for the chief executive of the Supreme Court to determine these matters with the agreement of the Lord Chancellor—
(a) the number of officers and staff of the Court;
(b) subject to subsection (3), the terms on which officers and staff are to be appointed.
(3) The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to the chief executive of the Court, and to persons appointed under subsection (1), as they apply to other persons employed in the civil service of the State.
(4) In subsection (3) “the civil service pension arrangements” means—
(a) the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11), and
(b) any other superannuation benefits for which provision is made under or by virtue of section 1 of that Act for or in respect of persons in employment in the civil service of the State.
(1) The Lord Chancellor must ensure that the Supreme Court is provided with the following—
(a) such court-houses, offices and other accommodation as the Lord Chancellor thinks are appropriate for the Court to carry on its business;
(b) such other resources as the Lord Chancellor thinks are appropriate for the Court to carry on its business.
(2) The Lord Chancellor may discharge the duty under subsection (1) by—
(a) providing accommodation or other resources, or
(b) entering into arrangements with any other person for the provision of accommodation or other resources.
(3) 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) (compulsory acquisition),
are to be treated as including power to acquire land for the purpose of its provision under arrangements under subsection (2)(b).
(4) The Scottish Ministers may make payments by way of contribution to the costs incurred by the Lord Chancellor in providing the Court with resources in accordance with subsection (1)(b).
(5) In this section “court-house” means any place where the Court sits, including the precincts of any building in which it sits.
(1) The chief executive of the Supreme Court must ensure that the Court’s resources are used to provide an efficient and effective system to support the Court in carrying on its business.
(2) In particular—
(a) appropriate services must be provided for the Court;
(b) the accommodation provided under section 50 must be appropriately equipped, maintained and managed.
(1) The Lord Chancellor may, with the agreement of the Treasury, 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—
(a) scales or rates of fees;
(b) exemptions from fees;
(c) reductions in fees;
(d) whole or partial remission of fees.
(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.
(4) Before making an order under this section, the Lord Chancellor must consult all of the following—
(a) the persons listed in subsection (5);
(b) the bodies listed in subsection (6).
(5) The persons referred to in subsection (4)(a) are—
(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;
(e) the Lord Chief Justice of Northern Ireland;
(f) the Lord Justice Clerk;
(g) the President of the Queen’s Bench Division;
(h) the President of the Family Division;
(i) the Chancellor of the High Court.
(6) The bodies referred to in subsection (4)(b) are—
(a) the General Council of the Bar of England and Wales;
(b) the Law Society of England and Wales;
(c) the Faculty of Advocates of Scotland;
(d) the Law Society of Scotland;
(e) the General Council of the Bar of Northern Ireland;
(f) the Law Society of Northern Ireland.
(1) Supreme Court fees are recoverable summarily as a civil debt.
(2) The Lord Chancellor must take such steps as are reasonably practicable to bring 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 52.
(1) As soon as practicable after each financial year, the chief executive of the Supreme Court must prepare a report about the business of the Supreme Court during that year and give a copy of that report to the following persons—
(a) the Lord Chancellor;
(b) the First Minister in Scotland;
(c) the First Minister and the deputy First Minister in Northern Ireland;
(d) the Assembly First Secretary in Wales.
(2) The Lord Chancellor must lay a copy of any report of which a copy is given under subsection (1)(a) before each House of Parliament.
(3) Each of the following is a “financial year” for the purposes of this section—
(a) the period which begins with the date on which this section comes into force and ends with the following 31 March;
(b) each successive period of 12 months.
(1) The Supreme Court is to have an official seal.
(2) Every document purporting to be sealed with the official seal of the Supreme Court is to be received in evidence in all parts of the United Kingdom without further proof.
(1) The Public Records Act 1958 (c. 51) is amended as follows.
(2) In section 8 (court records)—
(a) in subsection (1) after “such records” insert “other than records of the Supreme Court,”;
(b) after subsection (1) insert—
“(1A) Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.”
(3) In Schedule 1 (definition of public records), in paragraph 4 (records of courts and tribunals), before sub-paragraph (1)(a) insert—
“(za) records of the Supreme Court;”.
Schedule 10 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.
(1) The Northern Ireland Act 1998 (c. 47) is amended as follows.
(2) In Schedule 2 (excepted matters), after paragraph 11 insert—
“11A The Supreme Court.”
(3) In Schedule 3 (reserved matters), after paragraph 14 insert—
“14A The following matters—
(a) rights of appeal to the Supreme Court;
(b) legal aid for appeals to the Supreme Court.”
(1) The Supreme Court of England and Wales is renamed the Senior Courts of England and Wales.
(2) The Supreme Court of Judicature of Northern Ireland is renamed the Court of Judicature of Northern Ireland.
(3) The Northern Ireland Supreme Court Rules Committee is renamed the Northern Ireland Court of Judicature Rules Committee.
(4) Any reference in an enactment, instrument or other document to a court or committee renamed by this section is to be read, so far as necessary for continuing its effect, as a reference to the Senior Courts, the Court of Judicature or the Northern Ireland Court of Judicature Rules Committee (as the case may be).
(5) Schedule 11 (which makes amendments in connection with the renaming) has effect.
(6) Unless otherwise provided, amendments made by an enactment (A) (whether or not in force) to another enactment (B)—
(a) are not included in references in that Schedule to enactment A;
(b) are included in references in that Schedule to enactment B.
(1) In this Part—
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
“the senior judges” means—
the judges of the Supreme Court;
the Lord Chief Justice of England and Wales;
the Master of the Rolls;
the Lord President of the Court of Session;
the Lord Chief Justice of Northern Ireland;
the Lord Justice Clerk;
the President of the Queen’s Bench Division;
the President of the Family Division;
the Chancellor of the High Court;
“the Supreme Court” means the Supreme Court of the United Kingdom.
(2) In this Part—
(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;
(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 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
(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;
(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 Court for the purposes of subsection (3)(b).
(5) In this Part references to the Lord Chancellor notifying a selection are to be read in accordance with section 29(6).
Constitutional Reform Act 2005