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Royal arms

Constitutional Reform Act 2005

2005 CHAPTER 4

CONTENTS

Go to Preamble

  1. Part 1

    The rule of law

    1. 1. The rule of law

  2. Part 2

    Arrangements to modify the office of Lord Chancellor

    1. Qualifications for office of Lord Chancellor

      1. 2. Lord Chancellor to be qualified by experience

    2. Continued judicial independence

      1. 3. Guarantee of continued judicial independence

      2. 4. Guarantee of continued judicial independence: Northern Ireland

    3. Representations by senior judges

      1. 5. Representations to Parliament

      2. 6. Representations to the Northern Ireland Assembly

    4. Judiciary and courts in England and Wales

      1. 7. President of the Courts of England and Wales

      2. 8. Head and Deputy Head of Criminal Justice

      3. 9. Head and Deputy Head of Family Justice

    5. Judiciary and courts in Northern Ireland

      1. 10. The Lord Chancellor and Northern Ireland courts

      2. 11. Lord Chief Justice of Northern Ireland

    6. Other provisions about the judiciary and courts

      1. 12. Powers to make rules

      2. 13. Powers to give directions

      3. 14. Transfer of appointment functions to Her Majesty

      4. 15. Other functions of the Lord Chancellor and organisation of the courts

      5. 16. Functions of the Lord Chief Justice during vacancy or incapacity

    7. Lord Chancellor’s oath

      1. 17. Lord Chancellor’s oath

    8. Speakership of the House of Lords

      1. 18. Speakership of the House of Lords

    9. Functions subject to transfer, modification or abolition

      1. 19. Transfer, modification or abolition of functions by order

      2. 20. Protected functions not transferable under Ministers of the Crown Act 1975

      3. 21. Amendment of Schedule 7

    10. Supplementary

      1. 22. Transfers: supplementary

  3. Part 3

    The Supreme Court

    1. The Supreme Court

      1. 23. The Supreme Court

      2. 24. First members of the Court

    2. Appointment of judges

      1. 25. Qualification for appointment

      2. 26. Selection of members of the Court

      3. 27. Selection process

      4. 28. Report

      5. 29. The Lord Chancellor’s options

      6. 30. Exercise of powers to reject or require reconsideration

      7. 31. Selection following rejection or requirement to reconsider

    3. Terms of appointment

      1. 32. Oath of allegiance and judicial oath

      2. 33. Tenure

      3. 34. Salaries and allowances

      4. 35. Resignation and retirement

      5. 36. Medical retirement

      6. 37. Pensions

    4. Acting judges

      1. 38. Acting judges

      2. 39. Supplementary panel

    5. Jurisdiction, relation to other courts etc

      1. 40. Jurisdiction

      2. 41. Relation to other courts etc

    6. Composition for proceedings

      1. 42. Composition

      2. 43. Changes in composition

    7. Practice and procedure

      1. 44. Specially qualified advisers

      2. 45. Making of rules

      3. 46. Procedure after rules made

      4. 47. Photography etc

    8. Staff and resources

      1. 48. Chief executive

      2. 49. Officers and staff

      3. 50. Accommodation and other resources

      4. 51. System to support Court in carrying on business

    9. Fees

      1. 52. Fees

      2. 53. Fees: supplementary

    10. Annual report

      1. 54. Annual report

    11. Supplementary

      1. 55. Seal

      2. 56. Records of the Supreme Court

      3. 57. Proceedings under jurisdiction transferred to the Supreme Court

      4. 58. Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme Court

      5. 59. Renaming of Supreme Courts of England and Wales and Northern Ireland

      6. 60. Interpretation of Part 3

  4. Part 4

    Judicial appointments and discipline

    1. Chapter 1

      Commission and Ombudsman

      1. 61. The Judicial Appointments Commission

      2. 62. Judicial Appointments and Conduct Ombudsman

    2. Chapter 2

      Appointments

      1. General provisions

        1. 63. Merit and good character

        2. 64. Encouragement of diversity

        3. 65. Guidance about procedures

        4. 66. Guidance: supplementary

      2. Lord Chief Justice and Heads of Division

        1. 67. Selection of Lord Chief Justice and Heads of Division

        2. 68. Duty to fill vacancies

        3. 69. Request for selection

        4. 70. Selection process

        5. 71. Selection panel

        6. 72. Report

        7. 73. The Lord Chancellor’s options

        8. 74. Exercise of powers to reject or require reconsideration

        9. 75. Selection following rejection or requirement to reconsider

      3. Lords Justices of Appeal

        1. 76. Selection of Lords Justices of Appeal

        2. 77. Duty to fill vacancies

        3. 78. Request for selection

        4. 79. Selection process

        5. 80. Selection panel

        6. 81. Report

        7. 82. The Lord Chancellor’s options

        8. 83. Exercise of powers to reject or require reconsideration

        9. 84. Selection following rejection or requirement to reconsider

      4. Puisne judges and other office holders

        1. 85. Selection of puisne judges and other office holders

        2. 86. Duty to fill vacancies

        3. 87. Request for selection

        4. 88. Selection process

        5. 89. Report

        6. 90. The Lord Chancellor’s options

        7. 91. Exercise of powers to reject or require reconsideration

        8. 92. Selection following rejection or requirement to reconsider

        9. 93. Reconsideration of decision not to select

        10. 94. Duty to identify persons for future requests

      5. Supplementary provisions about selection

        1. 95. Withdrawal and modification of requests

        2. 96. Effect of acceptance of selection

        3. 97. Scotland and Northern Ireland

      6. Assistance in connection with other appointments

        1. 98. Assistance in connection with other appointments

      7. Complaints and references

        1. 99. Complaints: interpretation

        2. 100. Complaints to the Commission or the Lord Chancellor

        3. 101. Complaints to the Ombudsman

        4. 102. Report and recommendations

        5. 103. Report procedure

        6. 104. References by the Lord Chancellor

        7. 105. Information

      8. Miscellaneous

        1. 106. Consultation on appointment of lay justices

        2. 107. Disclosure of information to the Commission

    3. Chapter 3

      Discipline

      1. Disciplinary powers

        1. 108. Disciplinary powers

        2. 109. Disciplinary powers: interpretation

      2. Applications for review and references

        1. 110. Applications to the Ombudsman

        2. 111. Review by the Ombudsman

        3. 112. Reports on reviews

        4. 113. References to the Ombudsman relating to conduct

        5. 114. Reports on references

      3. General

        1. 115. Regulations about procedures

        2. 116. Contents of regulations

        3. 117. Procedural rules

        4. 118. Extension of discipline provisions to other offices

        5. 119. Delegation of functions

      4. Scotland and Northern Ireland

        1. 120. Scotland

        2. 121. Northern Ireland

    4. Chapter 4

      Interpretation of Part 4

      1. 122. Interpretation of Part 4

  5. Part 5

    Judicial Appointments and Removals: Northern Ireland

    1. Chapter 1

      Appointments

      1. Disclosure of information to Commission

        1. 123. Disclosure of information to the Northern Ireland Judicial Appointments Commission

      2. Ombudsman

        1. 124. Northern Ireland Judicial Appointments Ombudsman

      3. Complaints and references

        1. 125. Complaints: interpretation

        2. 126. Complaints to the Commission or the Lord Chancellor

        3. 127. Complaints to the Ombudsman

        4. 128. Report and recommendations

        5. 129. Report procedure

        6. 130. References by the Lord Chancellor

        7. 131. Information

        8. 132. Confidentiality in relation to judicial appointments and discipline

    2. Chapter 2

      Removals

      1. 133. Removal from most senior judicial offices

      2. 134. Removal from listed judicial offices

      3. 135. Tribunals for considering removal

      4. 136. Interpretation of Part 5

  6. Part 6

    Other provisions relating to the judiciary

    1. 137. Parliamentary disqualification

    2. 138. Judicial Committee of the Privy Council

  7. Part 7

    General

    1. 139. Confidentiality

    2. 140. “Enactment”

    3. 141. “Subordinate legislation”

    4. 142. General interpretation

    5. 143. Supplementary provision etc

    6. 144. Orders and regulations

    7. 145. Minor and consequential amendments

    8. 146. Repeals and revocations

    9. 147. Extent

    10. 148. Commencement

    11. 149. Short title

    1. Schedule 1

      Powers to make rules

      1. Part 1

        The process

      2. Part 2

        Rule-making powers subject to the process in Part 1

    2. Schedule 2

      Powers to give directions

      1. Part 1

        The process

      2. Part 2

        Powers of direction subject to the process in Part 1

    3. Schedule 3

      Transfer of appointment functions to Her Majesty

    4. Schedule 4

      Other functions of the Lord Chancellor and organisation of the courts

      1. Part 1

        Amendments

      2. Part 2

        Amendments of or relating to enactments repealed or amended otherwise than by this Act

    5. Schedule 5

      Functions under legislation relating to Northern Ireland

      1. Part 1

        Amendments

      2. Part 2

        Amendments relating to enactments repealed or amended otherwise than by this Act

    6. Schedule 6

      Speakership of the House of Lords

    7. Schedule 7

      Protected functions of the Lord Chancellor

    8. Schedule 8

      Supreme Court selection commissions

      1. Part 1

        Membership

      2. Part 2

        Dissolution

      3. Part 3

        Duty to convene commission: special rules

    9. Schedule 9

      Amendments relating to jurisdiction of the Supreme Court

      1. Part 1

        Jurisdiction transferred from the House of Lords

      2. Part 2

        Devolution jurisdiction

    10. Schedule 10

      Proceedings under jurisdiction transferred to Supreme Court

    11. Schedule 11

      Renaming of the Supreme Courts of England and Wales and Northern Ireland

      1. Part 1

        Citation of Acts and Rules

      2. Part 2

        Miscellaneous amendments: Supreme Court of England and Wales

      3. Part 3

        Miscellaneous amendments: Supreme Court of Judicature of Northern Ireland

      4. Part 4

        Specific Amendments

    12. Schedule 12

      The Judicial Appointments Commission

      1. Part 1

        The Commissioners

      2. Part 2

        The Commission

    13. Schedule 13

      The Judicial Appointments and Conduct Ombudsman

    14. Schedule 14

      The Judicial Appointments Commission: Relevant Offices and Enactments

      1. Part 1

        Appointments by Her Majesty

      2. Part 2

        Appointments by the Lord Chancellor: Offices to which paragraph 2(2)(d) of Schedule 12 does not apply

      3. Part 3

        Appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 applies

    15. Schedule 15

      Northern Ireland Judicial Appointments Ombudsman

    16. Schedule 16

      Judicial Committee of the Privy Council

    17. Schedule 17

      Minor and consequential amendments

      1. Part 1

        The Lord Chancellor

      2. Part 2

        Amendments relating to Part 3

      3. Part 3

        Northern Ireland

    18. Schedule 18

      Repeals and revocations

      1. Part 1

        Powers to make rules

      2. Part 2

        Judiciary-related functions and organisation of the courts

      3. Part 3

        Functions under legislation relating to Northern Ireland

      4. Part 4

        The Lord Chancellor: minor and consequential

      5. Part 5

        Supreme Court

      6. Part 6

        Judicial Committee of the Privy Council

An Act 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.

[24th March 2005]

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:—

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