Office of Public Sector Information
SCHEDULE 9 continued PART 1 continued
47 (1) The Income and Corporation Taxes Act 1988 is amended as follows.
(2) In section 705A (statement of case by tribunal)—
(a) in subsection (8) for “House of Lords” in each place substitute “Supreme Court”;
(b) in subsection (9—
(i) for “House of Lords” substitute “Supreme Court”;
(ii) for the words from “unless leave has been given” to the end of the subsection substitute “except with the leave of the Court of Appeal or of the Supreme Court.”;
(c) in subsection (12) for “House of Lords” substitute “Supreme Court”.
(3) In section 705B (proceedings in Northern Ireland), in subsection (2) for “House of Lords” substitute “Supreme Court”.
48 (1) The Criminal Justice Act 1988 is amended as follows.
(2) In section 36 (reviews of sentencing)—
(a) in subsection (5)—
(i) for “the House of Lords for their opinion” substitute “the Supreme Court for its opinion”;
(ii) for “the House shall consider the point and give their opinion” substitute “the Supreme Court shall consider the point and give its opinion”;
(iii) for the words from “deal with it themselves” to the end of the subsection substitute “itself deal with the case.”;
(b) in subsection (6) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”;
(c) in subsection (7) for “House of Lords” substitute “Supreme Court”.
(3) In Schedule 3 (reviews of sentencing_supplementary)—
(a) in paragraphs 4 and 5 for the words “House of Lords” in each place substitute “Supreme Court”;
(b) in paragraph 9 for “the House of Lords” and “the House” in each place substitute “the Supreme Court”;
(c) in paragraph 10 for “House of Lords” substitute “Supreme Court”;
(d) in paragraph 11—
(i) for “the House of Lords” in the first place substitute “the Supreme Court”;
(ii) for “the Court or the House” substitute “the Court of Appeal or the Supreme Court”;
(iii) for “such officer as may be prescribed by order of the House of Lords” substitute “under Supreme Court Rules”.
49 (1) The Court of Session Act 1988 is amended as follows.
(2) In section 24 (appeals in exchequer cases), in the sidenote and in subsection (1), for “House of Lords” substitute “Supreme Court”.
(3) In section 27(5) (special cases), for “House of Lords” substitute “Supreme Court”.
(4) In section 32(5) (appeals from sheriff on matters of law only), for “House of Lords” substitute “Supreme Court”.
(5) In the heading before section 40, for “House of Lords” substitute “Supreme Court”.
(6) In section 40 (appealable interlocutors)—
(a) in subsection (1), for “House of Lords” in each place substitute “Supreme Court”;
(b) in subsection (2)—
(i) for “the Court” in each place substitute “the Inner House”; and
(ii) for “House of Lords” in each place substitute “Supreme Court”; and
(c) in each of subsections (3) and (4), for “House of Lords” substitute “Supreme Court”.
(7) In section 41 (interim possession, execution and expenses), in subsections (1) and (2), for “House of Lords” in each place substitute “Supreme Court”.
(8) In section 42 (order on payment of interest) and in its sidenote, for “House of Lords” substitute “Supreme Court”.
(9) In section 43 (interest and expenses where appeal dismissed for want of prosecution), for “House of Lords” substitute “Supreme Court”.
(10) In section 52(3) (appeals relating to estate duty), for “House of Lords” substitute “Supreme Court”.
50 In the Road Traffic Offenders Act 1988, in section 40 (power of appellate courts in England and Wales to suspend disqualification) in subsection (3) for “House of Lords” substitute “Supreme Court”.
51 In the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, in Article 10 (restrictions on reporting)—
(a) in paragraph (5)(c), for “House of Lords” substitute “Supreme Court”;
(b) in paragraph (6), for “the House of Lords” and “that House” in each place substitute “the Supreme Court”;
(c) in paragraphs (7) and (8), for “House of Lords” in each place substitute “Supreme Court”.
52 In section 10 of the Extradition Act 1989 (statement of case by court) for “House of Lords” in each place substitute “Supreme Court”.
53 In the New Roads and Street Works Act 1991, in section 158 (arbitration) in subsections (2) and (3) for “House of Lords” in each place substitute “Supreme Court”.
54 In the Child Support Act 1991, in section 28ZC (restrictions on liability in certain cases of error) in subsection (6) in the definition of “the court”, for “House of Lords” substitute “Supreme Court”.
55 In the Water Resources Act 1991, in Schedule 14 (orders transferring main river functions) in paragraph 5(3), and in Schedule 16 (schemes imposing special drainage charges) in paragraph 8(3), for “House of Lords” in each place substitute “Supreme Court”.
56 In the Land Drainage Act 1991, in Schedule 3 (procedure with respect to certain orders), in paragraph 7(3) for “House of Lords” substitute “Supreme Court”.
57 In the Child Support (Northern Ireland) Order 1991, in Article 28ZC (restrictions on liability in certain cases of error) in paragraph (6) in the definition of “the court”, for “House of Lords” substitute “Supreme Court”.
58 In the Social Security Administration (Northern Ireland) Act 1992, in section 66 (restrictions on entitlement to benefit in certain cases of error) in subsection (4) in the definition of “the court” for “House of Lords” substitute “Supreme Court”.
59 In the Tribunals and Inquiries Act 1992, in section 11 (appeals from certain tribunals) in subsection (7)(d) for “House of Lords” in each place substitute “Supreme Court”.
60 In the Arbitration Act 1996, in Schedule 2 (modifications of Part 1 in relation to judge-arbitrators) in paragraph 2(2) for “House of Lords” substitute “Supreme Court”.
61 (1) The Criminal Procedure and Investigations Act 1996 is amended as follows.
(2) In section 36 (appeals to the House of Lords), in sidenote for “House of Lords” substitute “Supreme Court”.
(3) In section 37 (restrictions on reporting)—
(a) in subsection (4)(c), for “House of Lords” substitute “Supreme Court”;
(b) in subsection (5), for “the House of Lords” and “that House” in each place substitute “the Supreme Court”;
(c) in subsections (6) and (7), for “House of Lords” substitute “Supreme Court”.
62 In the Proceeds of Crime (Northern Ireland) Order 1996, in paragraph (6)(b) of Article 13 (application of procedure for enforcing fines) for “House of Lords” substitute “Supreme Court”.
63 In the Road Traffic Offenders (Northern Ireland) Order 1996, in Article 45 (power of appellate courts in Northern Ireland to suspend disqualification) in paragraph (3) for “House of Lords” substitute “Supreme Court”.
64 In the Social Security Act 1998, in section 27 (restrictions on entitlement to benefit in certain cases of error), in subsection (7) in the definition of “the court” for “House of Lords” substitute “Supreme Court”.
65 (1) The Competition Act 1998 is amended as follows.
(2) In section 38 (the appropriate level of a penalty) for subsection (10)(d) substitute—
“(d) the Supreme Court.”
(3) In section 47A (monetary claims before Tribunal) in subsection (7)(d) for “House of Lords” substitute “Supreme Court”.
(4) In section 58A (findings of infringements) in subsection (4)(c) for “House of Lords” substitute “Supreme Court”.
(5) In Schedule 13 (transitional provisions and savings) in paragraph 10 for sub-paragraph (6)(e) substitute—
“(e) the Supreme Court.”
66 (1) The Human Rights Act 1998 is amended as follows.
(2) In section 4 (declaration of incompatibility) in subsection (5) for paragraph (a) substitute—
“(a) the Supreme Court;”.
(3) In section 5 (right of Crown to intervene) in subsections (4) and (5) for “House of Lords” in each case substitute “Supreme Court”.
(4) In section 6 (acts of public authorities) omit subsection (4).
67 In the Social Security (Northern Ireland) Order 1998, in Article 27 (restriction of entitlement to benefit in certain cases of error), in paragraph (7) in the definition of “the court” for “House of Lords” substitute “Supreme Court”.
68 (1) The Access to Justice Act 1999 is amended as follows.
(2) In section 57 (assignment of appeals to Court of Appeal) in subsection (1) for “House of Lords” substitute “Supreme Court”.
(3) In Schedule 2 (community legal service: excluded services) for paragraph 2(1)(a) substitute—
“(a) the Supreme Court,”.
69 In the Powers of Criminal Courts (Sentencing) Act 2000, in sections 132(4) and 139(9), and in subsections (4) and (5) of section 140 (compensation order on restoration of conviction, powers and duties of Crown Court in relation to fines, and enforcement of fines imposed), for “House of Lords” in each case substitute “Supreme Court”.
70 In the Financial Services and Markets Act 2000 in section 137 (appeal on a point of law)—
(a) in subsection (4) for paragraph (b) substitute—
“(b) the Supreme Court.”;
(b) in subsection (5) for “House of Lords” in each place substitute “Supreme Court”.
71 In the Terrorism Act 2000, in section 6 (further appeal) in subsection (3) for “House of Lords” substitute “Supreme Court”.
72 In the Child Support, Pensions and Social Security Act 2000, in Schedule 7 (housing benefit and council tax benefit: revisions and appeals), for paragraph 18(6)(d) substitute—
“(d) the Supreme Court; or”.
73 In section 2(2) of the Regulation of Investigatory Powers (Scotland) Act 2000 (persons appointed to be Surveillance Commissioners), for “Appellate Jurisdiction Act 1876” substitute “Constitutional Reform Act 2005”.
74 In the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, in Schedule 7 (housing benefit: revisions and appeals), for paragraph 18(6)(c) substitute—
“(c) the Supreme Court; or”.
75 In the International Criminal Court Act 2001, in section 9 (appeal against refusal of delivery order: England and Wales) for “House of Lords” in each place substitute “Supreme Court”.
76 In the Armed Forces Act 2001, in section 30 (conditional release from custody) in subsection (2)(b) for “House of Lords” substitute “Supreme Court”.
77 (1) The Proceeds of Crime Act 2002 is amended as follows.
(2) In section 33 (appeal to House of Lords) in the sidenote and in subsections (1) and (3) to (5) for “House of Lords” in each place substitute “Supreme Court”.
(3) In each of sections 44 and 66 (appeal to House of Lords) in the sidenote and subsections (1) and (3) for “House of Lords” in each place substitute “Supreme Court”.
(4) In section 85 (proceedings) in subsection (6) for “House of Lords” in each place substitute “Supreme Court”.
(5) In section 90 (procedure on appeal to the House of Lords) in sidenote and in subsections (1) and (2) for “House of Lords” in each place substitute “Supreme Court”.
(6) In section 183 (appeal to House of Lords) in sidenote and in subsections (1) and (3) to (5) for “House of Lords” in each place substitute “Supreme Court”.
(7) In each of sections 193 and 214 (appeal to House of Lords), in the sidenote and in subsections (1) and (3) for “House of Lords” in each place substitute “Supreme Court”.
(8) In section 233 (proceedings) in subsection (6) for “House of Lords” in each place substitute “Supreme Court”.
(9) In section 238 (procedure on appeal to the House of Lords) and in the sidenote for that section, for “House of Lords” in each place substitute “Supreme Court”.
78 In the Licensing Act 2003, in section 130 (powers of appellate court to suspend order under section 129), in subsection (4) for “House of Lords” substitute “Supreme Court”.
79 In the Crime (International Co-operation) Act 2003, in sections 60(4) and 62(4) (suspension of disqualification) for “House of Lords” substitute “Supreme Court”.
80 (1) The Courts Act 2003 is amended as follows.
(2) In section 88 (extension of time for criminal appeals)—
(a) in the sidenote and in subsections (1) and (4) for “House of Lords” substitute “Supreme Court”;
(b) in subsection (5)(b) for “Court” substitute “Court of Appeal”;
(c) in subsection (6) in the inserted section 34(1A)(b) of the Criminal Appeal Act 1968 for “Court” substitute “Court of Appeal”.
(3) In section 91 (extension of time for appeals from Courts-Martial Appeals Court)—
(a) in subsection (1) for “House of Lords” substitute “Supreme Court”;
(b) in subsection (2)(b) for “Court” substitute “Appeal Court”;
(c) in subsection (3) in the inserted section 40(1A)(b) of the Courts-Martial (Appeals) Act 1968 for “Court” substitute “Appeal Court”.
81 (1) The Extradition Act 2003 is amended as follows.
(2) In section 32 (appeal to House of Lords) in the sidenote and in subsections (1), (3), (4)(b), (6) and (8)(b) for “House of Lords” substitute “Supreme Court”.
(3) In section 114 (appeal to House of Lords) in the sidenote and in subsections (1), (3), (4)(b), (6), and (8)(b) for “House of Lords” substitute “Supreme Court”.
(4) In each of the following provisions for “House of Lords” in each place substitute “Supreme Court”—
(a) section 30 (detention pending conclusion of appeal under section 28);
(b) section 33 (powers on an appeal) and the sidenote to that section;
(c) section 36 (extradition following appeal);
(d) section 43 (withdrawal of warrant while appeal pending) and the sidenote to that section;
(e) section 60 (costs);
(f) section 61 (costs where discharge ordered);
(g) section 107 (detention pending conclusion of appeal under section 105);
(h) section 112 (detention pending conclusion of appeal under section 110);
(i) section 115 (powers on appeal under section 114) and the sidenote to that section;
(j) section 118 (extradition following appeal);
(k) section 125 (withdrawal of request while appeal pending) and the sidenote to that section;
(l) section 133 (costs where extradition ordered);
(m) section 134 (costs where discharge ordered);
(n) section 184 (grant of free legal aid: Northern Ireland);
(o) section 208 (national security);
(p) section 213 (disposal of Part 1 warrant and extradition request);
(q) section 214 (disposal of charge).
(5) In section 185 (free legal aid: supplementary)—
(a) in subsection (4) for “House of Lords” substitute “Supreme Court”;
(b) in subsection (5) for the words from “allowed by” to the end substitute “by the Supreme Court or under Supreme Court Rules.”
82 (1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 50 (application of Part 7 to Northern Ireland)—
(a) in subsection (8) in the substituted section 47(6) for “House of Lords” substitute “Supreme Court”;
(b) in subsection (14), in the new subsection (3B) of section 41 of the Criminal Procedure and Investigations Act 1996 as inserted by subsection (4) of section 48A (reporting restrictions) for “House of Lords” substitute “Supreme Court” and for “that House” in each place substitute “the Supreme Court”;
(c) in subsection (14), in subsections (5) and (6) of section 48A for “House of Lords” substitute “Supreme Court”.
(3) In section 71 (restrictions on reporting)—
(a) in subsection (3) for “House of Lords” substitute “Supreme Court”;
(b) in subsection (4) for “House of Lords” substitute “Supreme Court” and for “that House” in each place substitute “the Supreme Court”;
(c) in subsections (5) and (6) for “House of Lords are” substitute “Supreme Court is”.
(4) In section 81 (appeals), in subsection (2) in the inserted section 33(1B) of the Criminal Appeal Act 1968 and the words before it, for “House of Lords” substitute “Supreme Court”.
(5) In section 274 (further provision about transferred life prisoners) for “House of Lords” in each place substitute “Supreme Court”.
(6) In Schedule 22 (mandatory life sentences) in paragraph 14(2), (4) and (5) for “House of Lords” substitute “Supreme Court”.
83 In section 323(2)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (suspension of decision of Mental Health Tribunal for Scotland until expiry of time allowed to appeal), for “House of Lords” in each place substitute “Supreme Court”.
84 In the Access to Justice (Northern Ireland) Order 2003, in Schedule 2 (civil legal services: excluded services) in paragraph 2(a)(i) for “House of Lords” substitute “Supreme Court”.
85 (1) The Legal Aid (Scotland) Act 1986 is amended as follows.
(2) In section 21(1)(c) (scope and nature of criminal legal aid), for “Judicial Committee of the Privy Council” substitute “Supreme Court”.
(3) In section 25AB (legal aid in references, appeals or applications for special leave to appeal), in the sidenote and in subsection (1), for “Judicial Committee of the Privy Council” substitute “Supreme Court”.
(4) In Part 1 of Schedule 2 (courts in which civil legal aid is available), in paragraph 1 for “Judicial Committee of the Privy Council” substitute “Supreme Court”.
86 In section 288B of the Criminal Procedure (Scotland) Act 1995 (appeal against a determination of a devolution issue)—
(a) in the sidenote and in subsection (1), for “Judicial Committee of the Privy Council” substitute “Supreme Court”; and
(b) in subsection (3), for “Judicial Committee” substitute “Supreme Court”.
87 The Government of Wales Act 1998 is amended as follows.
88 In Part 1 of Schedule 8 (devolution issues: preliminary) omit paragraph 1(2)(a) (definition of “the Judicial Committee”).
89 (1) Part 2 of Schedule 8 (proceedings in England and Wales on devolution issues) is amended as follows.
(2) In paragraph 7 (reference in civil proceedings), in sub-paragraph (2)(a) for “House of Lords” substitute “Supreme Court”.
(3) In paragraph 9 (reference in criminal proceedings) for “House of Lords” substitute “Supreme Court”.
(4) In the heading before paragraph 10 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(5) In paragraph 10 for “Judicial Committee” substitute “Supreme Court”.
(6) In the heading before paragraph 11 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(7) In paragraph 11—
(a) for “Judicial Committee” in each place substitute “Supreme Court”;
(b) for “leave” in the first two places substitute “permission”;
(c) for “concerned” substitute “from which the appeal lies”;
(d) for “special leave” substitute “permission”.
90 (1) Part 3 of Schedule 8 (proceedings in Scotland on devolution issues) is amended as follows.
(2) In paragraph 15 (references to Inner House of Court of Session) for “House of Lords” substitute “Supreme Court”.
(3) In the heading before paragraph 18 (references from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(4) In paragraph 18 (references from Court of Session) for “Judicial Committee” substitute “Supreme Court”.
(5) In paragraph 19 (references from High Court of Justiciary) for “Judicial Committee” substitute “Supreme Court”.
(6) In the heading before paragraph 20 (appeals from superior courts to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(7) In paragraph 20 (appeal from Inner House of Court of Session) for “Judicial Committee” substitute “Supreme Court”.
(8) In paragraph 21 (other appeals from superior courts)—
(a) for “House of Lords” substitute “Supreme Court apart from this paragraph”;
(b) for “Judicial Committee” in each place substitute “Supreme Court”;
(c) for “leave” in the first two places substitute “permission”;
(d) for “concerned” substitute “from which the appeal lies”;
(e) for “special leave” substitute “permission”.
91 (1) Part 4 of Schedule 8 (proceedings in Northern Ireland on devolution issues) is amended as follows.
(2) In paragraph 25 (reference to Court of Appeal) for “House of Lords” substitute “Supreme Court”.
(3) In the heading before paragraph 27 (references from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(4) In paragraph 27 for “Judicial Committee” substitute “Supreme Court”.
(5) In the heading before paragraph 28 (appeals from Court of Appeal to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(6) In paragraph 28—
(a) for “Judicial Committee” in each place substitute “Supreme Court”;
(b) for “leave” in the first two places substitute “permission”;
(c) for “special leave” substitute “permission”.
92 (1) Part 5 of Schedule 8 (devolution issues: general) is amended as follows.
(2) Omit paragraph 29 (proceedings in the House of Lords) and the heading before it.
(3) In the heading before paragraph 30 (direct references to Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(4) In paragraph 30 (law officer requiring court or Assembly to refer devolution issue), in sub-paragraph (1) for “Judicial Committee” substitute “Supreme Court”.
(5) In paragraph 31 (Attorney General or Assembly referring devolution issue), in sub-paragraph (1) for “Judicial Committee” substitute “Supreme Court”.
(6) Omit paragraphs 32 to 34 (proceedings before the Judicial Committee) and the heading before paragraph 32.
93 The Scotland Act 1998 is amended as follows.
94 In section 15 (disqualification from membership of the Parliament) in subsection (1) omit paragraph (c).
95 In section 32 (submission of Bills for Royal Assent)—
(a) in subsection (2)(b) for “Judicial Committee” substitute “Supreme Court”;
(b) in subsection (3)(a) for “Judicial Committee have” substitute “Supreme Court has”;
(c) in subsection (4) omit the definition of “Judicial Committee”.
96 (1) In the sidenote to section 33 (scrutiny of Bills by the Judicial Committee) for “Judicial Committee” substitute “Supreme Court”.
(2) In subsection (1) of that section for “Judicial Committee” substitute “Supreme Court”.
97 In section 34 (ECJ references), in subsection (1)(b) for “Judicial Committee” substitute “Supreme Court”.
98 In section 35 (power of Secretary of State to intervene in certain cases), in subsection (3)(c) for “Judicial Committee” substitute “Supreme Court”.
99 In section 36 (stages of Bills), in subsection (4) for “Judicial Committee decide” substitute “Supreme Court decides”.
100 In section 95 (appointment and removal of judges)—
(a) for subsection (9)(b) substitute—
“(b) for the appointment to chair the tribunal of a member of the Judicial Committee of the Privy Council who holds or has held high judicial office,”;
(b) in subsection (11), before the definition of “provision” insert—
““high judicial office” has the meaning given by section 60 of the Constitutional Reform Act 2005,”.
101 Omit section 103 (proceedings before the Judicial Committee).
Constitutional Reform Act 2005