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Constitutional Reform Act 2005

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Constitutional Reform Act 2005, Part 3 is up to date with all changes known to be in force on or before 16 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 3E+W+S+N.I.The Supreme Court

The Supreme CourtE+W+S+N.I.

23The Supreme CourtE+W+S+N.I.

(1)There is to be a Supreme Court of the United Kingdom.

(2)The Court consists of [F1the persons appointed as its judges] by Her Majesty by letters patent [F2, but no appointment may cause the full-time equivalent number of judges of the Court at any time to be more than 12].

(3)Her Majesty may from time to time by Order in Council amend subsection (2) so as to increase or further increase the [F3maximum full-time equivalent] number of judges of the Court.

(4)No recommendation may be made to Her Majesty in Council to make an Order under subsection (3) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

(5)Her Majesty may by letters patent appoint one of the judges to be President and one to be Deputy President of the Court.

(6)The judges other than the President and Deputy President are to be styled “Justices of the Supreme Court”.

(7)The Court is to be taken to be duly constituted despite any vacancy F4... in the office of President or Deputy President.

[F5(8)For the purposes of this section, the full-time equivalent number of judges of the Court is to be calculated by taking the number of full-time judges and adding, for each judge who is not a full-time judge, such fraction as is reasonable.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 23(2) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 2(2)(a); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F4Words in s. 23(7) omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 2(4); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

24First members of the CourtE+W+S+N.I.

On the commencement of section 23—

(a)the persons who immediately before that commencement are Lords of Appeal in Ordinary become judges of the Supreme Court,

(b)the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Court, and

(c)the person who immediately before that commencement is the second senior Lord of Appeal in Ordinary becomes the Deputy President of the Court.

Appointment of judgesE+W+S+N.I.

25Qualification for appointmentE+W+S+N.I.

(1)A person is not qualified to be appointed a judge of the Supreme Court unless he has (at any time)—

(a)held high judicial office for a period of at least 2 years,

(b)been a qualifying practitioner for a period of at least 15 years.

[F6(b)satisfied the judicial-appointment eligibility condition on a 15-year basis, or

(c)been a qualifying practitioner for a period of at least 15 years.]

(2)A person is a qualifying practitioner for the purposes of this section at any time when—

(a)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he is an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary, or

(c)he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

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Amendments (Textual)

F6S. 25(1)(b)(c) substituted (21.7.2008) for s. 25(1)(b) and preceding word by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 41(2); S.I. 2008/1653, art. 2(d) (with arts. 3,4)

F7S. 25(2)(a) omitted (21.7.2008) by virtue of and repealed (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 146, 148, Sch. 10 para. 41(3), Sch. 23 Pt. 2; S.I. 2008/1653, art. 2(d) (with arts. 3, 4); S.I. 2008/2696, art. 5(j) (with arts. 3, 4)

26Selection of members of the CourtE+W+S+N.I.

(1)This section applies to a recommendation for an appointment to one of the following offices—

(a)judge of the Supreme Court;

(b)President of the Court;

(c)Deputy President of the Court.

(2)A recommendation may be made only by the Prime Minister.

(3)The Prime Minister—

(a)must recommend any person [F8who is selected as a result of the convening of a selection commission under this section];

(b)may not recommend any other person.

[F9(4)Where a person who is not a judge of the Court is recommended for appointment as President or Deputy President, the recommendation must also recommend the person for appointment as a judge.]

(5)If there is a vacancy in [F10the office of President of the Court or in the office of Deputy President of the Court,] or it appears to him that there will soon be such a vacancy, the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

[F11(5A)If—

(a)the full-time equivalent number of judges of the Court is less than the maximum specified in section 23(2), or it appears to the Lord Chancellor that the full-time equivalent number of judges of the Court will soon be less than that maximum, and

(b)the Lord Chancellor, or the senior judge of the Court, after consulting the other considers it desirable that a recommendation be made for an appointment to the office of judge of the Court,

the Lord Chancellor must convene a selection commission for the selection of a person to be recommended.

(5B)In subsection (5A)(b) “the senior judge of the Court” means—

(a)the President of the Court, or

(b)if there is no President, the Deputy President, or

(c)if there is no President and no Deputy President, the senior ordinary judge.]

(6)Schedule 8 is about selection commissions.

[F12(7)Subsections (5) and (5A) are subject to Schedule 8 (cases where duty to convene a selection commission are suspended).

(7A)For the purposes of this section and Schedule 8, a person is selected as a result of the convening of a selection commission if the person's selection is the final outcome of—

(a)the selection process mentioned in section 27(1) being applied by the commission, and

(b)any process provided for by regulations under section 27A being applied in the particular case.]

(8)[F13Section 27 applies] where a selection commission is convened under this section.

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Amendments (Textual)

F8Words in s. 26(3)(a) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(2); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F10Words in s. 26(5) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 3(2); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F13Words in s. 26(8) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(5); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

27Selection processE+W+S+N.I.

(1)The commission must—

(a)determine the selection process to be applied [F14by it],

(b)apply the selection process, and

(c)make a selection accordingly.

[F15(1A)The commission must have an odd number of members not less than five.

(1B)The members of the commission must include—

(a)at least one who is non-legally-qualified,

(b)at least one judge of the Court,

(c)at least one member of the Judicial Appointments Commission,

(d)at least one member of the Judicial Appointments Board for Scotland, and

(e)at least one member of the Northern Ireland Judicial Appointments Commission,

and more than one of the requirements may be met by the same person's membership of the commission.

(1C)If the commission is convened for the selection of a person to be recommended for appointment as President of the Court—

(a)its members may not include the President of the Court, and

(b)it is to be chaired by one of its non-legally-qualified members.

(1D)If the commission is convened for the selection of a person to be recommended for appointment as Deputy President of the Court, its members may not include the Deputy President of the Court.]

F16(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsections (5) to (10) apply to any selection under this section or [F17regulations under section 27A].

(5)Selection must be on merit.

[F18(5A)Where two persons are of equal merit—

(a)section 159 of the Equality Act 2010 (positive action: recruitment etc) does not apply in relation to choosing between them, but

(b)Part 5 of that Act (public appointments etc) does not prevent the commission from preferring one of them over the other for the purpose of increasing diversity within the group of persons who are the judges of the Court.]

(6)A person may be selected only if he meets the requirements of section 25.

(7)A person may not be selected if he is a member of the commission.

(8)In making selections for the appointment of judges of the Court the commission must ensure that between them the judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.

(9)The commission must have regard to any guidance given by the Lord Chancellor as to matters to be taken into account (subject to any other provision of this Act) in making a selection.

(10)Any selection must be of one person only.

[F19(11)For the purposes of this section a person is non-legally-qualified if the person—

(a)does not hold, and has never held, any of the offices listed in Schedule 1 to the House of Commons Disqualification Act 1975 (judicial offices disqualifying for membership of the House of Commons), and

(b)is not practising or employed as a lawyer, and never has practised or been employed as a lawyer.]

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Amendments (Textual)

F17Words in s. 27(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(7); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

[F2027ARegulations about selection processE+W+S+N.I.

(1)The Lord Chancellor must by regulations made with the agreement of the senior judge of the Supreme Court—

(a)make further provision about membership of selection commissions convened under section 26,

(b)make further provision about the process that is to be applied in any case where a selection commission is required to be convened under section 26, and

(c)secure that, in every such case, there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chancellor.

(2)The regulations may in particular—

(a)provide for process additional to the selection process applied by a selection commission under section 27(1), including post-acceptance process;

(b)make provision as to things that are, or as to things that are not, to be done by a selection commission—

(i)as part of the selection process applied by it under section 27(1), or

(ii)in determining what that process is to be;

(c)provide for the Lord Chancellor to be entitled to require a selection commission to reconsider a selection under section 27(1) or any subsequent selection;

(d)provide for the Lord Chancellor to be entitled to reject a selection under section 27(1) or any subsequent selection;

(e)give other functions to the Lord Chancellor;

(f)provide for particular action to be taken by a selection commission after it has complied with section 27;

(g)provide for the dissolution of a selection commission;

(h)provide for section 16(2)(a) or (b) not to apply in relation to functions of the Lord Chief Justice—

(i)as a member of a selection commission (including functions of chairing a selection commission), or

(ii)in relation to the nomination or appointment of members of a selection commission;

(i)provide for a person to cease to be a member of a selection commission where a requirement about the commission's members ceases to be met by the person's membership of the commission;

(j)provide for a person to become a member of a selection commission already convened where another person ceases to be a member of the commission or where a requirement about the commission's members ceases to be met by another person's membership of the commission;

(k)provide for payment to a member of a selection commission of amounts by way of allowances or expenses;

(l)make provision as to what amounts to practice or employment as a lawyer for the purposes of section 27(11)(b).

(3)Before making regulations under this section the Lord Chancellor must consult—

(a)the First Minister in Scotland,

(b)the Northern Ireland Judicial Appointments Commission,

(c)the First Minister for Wales,

(d)the Lord President of the Court of Session,

(e)the Lord Chief Justice of Northern Ireland, and

(f)the Lord Chief Justice of England and Wales.

(4)Regulations under this section—

(a)may make different provision for different purposes;

(b)may make transitory, transitional or saving provision.

(5)In this section “the senior judge”, in relation to the Court, has the meaning given by section 26(5B).]

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Amendments (Textual)

F20S. 27A inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 5; S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

[F2127BSelection guidance: supplementaryE+W+S+N.I.

(1)Before issuing any selection guidance the Lord Chancellor must—

(a)consult the senior judge of the Supreme Court;

(b)after doing so, lay a draft of the proposed guidance before each House of Parliament.

(2)If the draft is approved by a resolution of each House of Parliament within the 40-day period the Lord Chancellor must issue the guidance in the form of the draft.

(3)In any other case the Lord Chancellor must take no further steps in relation to the proposed guidance.

(4)Subsection (3) does not prevent a new draft of the proposed guidance from being laid before each House of Parliament after consultation with the senior judge of the Court.

(5)Selection guidance comes into force on such date as the Lord Chancellor may appoint by order.

(6)Where selection guidance is in force, the Lord Chancellor may revoke the guidance only by—

(a)new selection guidance issued in accordance with the previous provisions of this section, or

(b)an order made after consulting the senior judge of the Court.

(7)In this section—

  • 40-day period” in relation to the draft of any proposed selection guidance means—

    (a)

    if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later day, and

    (b)

    in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

    no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days;

  • the senior judge”, in relation to the Court, has the meaning given by section 26(5B);

  • selection guidance” means guidance mentioned in section 27(9).]

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Amendments (Textual)

F21S. 27B inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 6; S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F2228ReportE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F22Ss. 28-31 omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(1)(b); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F2229The Lord Chancellor's optionsE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F22Ss. 28-31 omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(1)(b); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F2230Exercise of powers to reject or require reconsiderationE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F22Ss. 28-31 omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(1)(b); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

F2231Selection following rejection or requirement to reconsiderE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F22Ss. 28-31 omitted (1.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 7(1)(b); S.I. 2013/2200, art. 3(d) (with savings in S.I. 2013/2193, reg. 23)

Terms of appointmentE+W+S+N.I.

32Oath of allegiance and judicial oathE+W+S+N.I.

(1)A person who is appointed as President of the Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a)the Deputy President, or

(b)if there is no Deputy President, the senior ordinary judge.

(2)A person who is appointed as Deputy President of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a)the President, or

(b)if there is no President, the senior ordinary judge.

(3)A person who is appointed as a judge of the Supreme Court must, as soon as may be after accepting office, take the required oaths in the presence of—

(a)the President, or

(b)if there is no President, the Deputy President, or

(c)if there is no President and no Deputy President, the senior ordinary judge.

(4)Subsections (1) and (2) apply whether or not the person appointed as President or Deputy President has previously taken the required oaths in accordance with this section after accepting another office.

(5)Subsection (3) does not apply where a person is first appointed as a judge of the Court upon appointment to the office of President or Deputy President.

(6)In this section “required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

33TenureE+W+S+N.I.

A judge of the Supreme Court holds that office during good behaviour, but may be removed from it on the address of both Houses of Parliament.

34Salaries and allowancesE+W+S+N.I.

(1)A judge of the Supreme Court is entitled to a salary.

(2)The amount of the salary is to be determined by the Lord Chancellor with the agreement of the Treasury.

(3)Until otherwise determined under subsection (2), the amount is that of the salary of a Lord of Appeal in Ordinary immediately before the commencement of section 23.

(4)A determination under subsection (2) may increase but not reduce the amount.

(5)Salaries payable under this section are to be charged on and paid out of the Consolidated Fund of the United Kingdom.

(6)Any allowance determined by the Lord Chancellor with the agreement of the Treasury may be paid to a judge of the Court out of money provided by Parliament.

35Resignation and retirementE+W+S+N.I.

(1)A judge of the Supreme Court may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.

(2)The President or Deputy President of the Court may at any time resign that office (whether or not he resigns his office as a judge) by giving the Lord Chancellor notice in writing to that effect.

(3)In section 26(4)(a) of and Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

36Medical retirementE+W+S+N.I.

(1)This section applies if the Lord Chancellor is satisfied by means of a medical certificate that a person holding office as a judge of the Supreme Court—

(a)is disabled by permanent infirmity from the performance of the duties of his office, and

(b)is for the time being incapacitated from resigning his office.

(2)The Lord Chancellor may by instrument under his hand declare the person's office to have been vacated.

(3)A declaration by instrument under subsection (2) has the same effect for all purposes as if the person had, on the date of the instrument, resigned his office.

(4)But such a declaration has no effect unless it is made—

(a)in the case of an ordinary judge, with the agreement of the President and Deputy President of the Court;

(b)in the case of the President, with the agreement of the Deputy President and the senior ordinary judge;

(c)in the case of the Deputy President, with the agreement of the President and the senior ordinary judge.

37PensionsE+W+S+N.I.

(1)In the tables in sections 1 and 16 of the Judicial Pensions Act 1981 (c. 20) (application and interpretation), for “Lord of Appeal in Ordinary”—

(a)in the first column, substitute “ Judge of the Supreme Court ”, and

(b)in the second column, in each place substitute “ judge of the Supreme Court ”.

(2)In Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (qualifying judicial offices: judges), for “Lord of Appeal in Ordinary” substitute “Judge of the Supreme Court”.

(3)The amendments made by this section to the 1981 and 1993 Acts do not affect the operation of any provision of or made under those Acts, or anything done under such provision, in relation to the office of, or service as, Lord of Appeal in Ordinary.

Acting judgesE+W+S+N.I.

38Acting judgesE+W+S+N.I.

(1)At the request of the President of the Supreme Court any of the following may act as a judge of the Court—

(a)a person who holds office as a senior territorial judge;

(b)a member of the supplementary panel under section 39.

(2)A request under subsection (1) may be made by the Deputy President of the Court if there is no President or the President is unable to make that request.

(3)In section 26(7) of the Judicial Pensions and Retirement Act 1993 (c. 8) (requirement not to act in certain capacities after the age of 75) for paragraph (b) substitute—

(b)act as a judge of the Supreme Court under section 38 of the Constitutional Reform Act 2005;.

(4)Every person while acting under this section is, subject to subsections (5) and (6), to be treated for all purposes as a judge of the Supreme Court (and so may perform any of the functions of a judge of the Court).

(5)A person is not to be treated under subsection (4) as a judge of the Court for the purposes of any statutory provision relating to—

(a)the appointment, retirement, removal or disqualification of judges of the Court,

(b)the tenure of office and oaths to be taken by judges of the Court, or

(c)the remuneration, allowances or pensions of judges of the Court.

(6)Subject to section 27 of the Judicial Pensions and Retirement Act 1993, a person is not to be treated under subsection (4) as having been a judge of the Court if he has acted in the Court only under this section.

(7)Such remuneration and allowances as the Lord Chancellor may with the agreement of the Treasury determine may be paid out of money provided by Parliament to any person who acts as a judge of the Court under this section.

(8)In this section “office as a senior territorial judge” means office as any of the following—

(a)a judge of the Court of Appeal in England and Wales;

(b)a judge of the Court of Session, but only if the holder of the office is a member of the First or Second Division of the Inner House of that Court;

(c)a judge of the Court of Appeal in Northern Ireland, unless the holder holds the office only by virtue of being a puisne judge of the High Court.

39Supplementary panelE+W+S+N.I.

(1)There is to be a panel of persons known as the supplementary panel.

(2)On the commencement of this section any member of the House of Lords who—

(a)meets one of the conditions in subsection (3),

(b)does not hold high judicial office,

(c)has not attained the age of 75, and

(d)is not a person who was appointed to the office of Lord Chancellor on or after 12 June 2003,

becomes a member of the panel.

(3)The conditions are—

(a)that he ceased to hold high judicial office less than 5 years before the commencement of this section;

(b)that he was a member of the Judicial Committee of the Privy Council immediately before that commencement;

(c)that he ceased to be a member of that Committee less than 5 years before that commencement.

(4)A person becomes a member of the supplementary panel on ceasing to hold office as a judge of the Supreme Court or as a senior territorial judge, but only if, while he holds such office [F23or within 2 years of ceasing to hold such office]

(a)his membership of the panel is approved in writing by the President of the Supreme Court, and

(b)the President of the Court gives the Lord Chancellor notice in writing of the approval.

(5)Subsection (4) does not apply to a person who ceases to hold office as a judge of the Supreme Court when he ceases to be President of the Court.

(6)Such a person becomes a member of the supplementary panel on ceasing to be President of the Court, unless—

(a)while President, he gives the Lord Chancellor notice that he is not to become a member of the panel,

(b)he ceases to be President on being removed from office as a judge of the Court on the address of both Houses of Parliament, or

(c)his office is declared vacant under section 36.

(7)A person does not become a member of the supplementary panel under subsection (4) or (6) if—

(a)on ceasing to hold office as a judge of the Supreme Court he takes office as a senior territorial judge, or

(b)on ceasing to hold office as a senior territorial judge he takes office as a judge of the Supreme Court.

(8)A member of the supplementary panel may resign by notice in writing to the President of the Court.

(9)Unless he resigns (and subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (c. 8)), a person ceases to be a member of the supplementary panel—

(a)at the end of 5 years after the last day on which he holds his qualifying office, or

(b)if earlier, at the end of the day on which he attains the age of 75.

(10)In this section—

(a)office as a senior territorial judge” has the same meaning as in section 38;

(b)a person's “qualifying office” is the office (that is, high judicial office, membership of the Judicial Committee of the Privy Council, office as a judge of the Supreme Court or office as a senior territorial judge) that he held before becoming a member of the supplementary panel.

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Amendments (Textual)

Jurisdiction, relation to other courts etcE+W+S+N.I.

40JurisdictionE+W+S+N.I.

(1)The Supreme Court is a superior court of record.

(2)An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.

F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 9—

(a)transfers other jurisdiction from the House of Lords to the Court,

(b)transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and

(c)makes other amendments relating to jurisdiction.

(5)The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.

(6)An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.

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Amendments (Textual)

41Relation to other courts etcE+W+S+N.I.

(1)Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.

(2)A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.

(3)A decision of the Supreme Court on a devolution matter—

(a)is not binding on that Court when making such a decision;

(b)otherwise, is binding in all legal proceedings.

(4)In this section “devolution matter” means—

(a)a question referred to the Supreme Court under [F25section F26... 99 or 112 of the Government of Wales Act 2006,] section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);

(b)a devolution issue as defined in [F27Schedule 9 to the Government of Wales Act 2006] (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.

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Amendments (Textual)

Composition for proceedingsE+W+S+N.I.

42CompositionE+W+S+N.I.

(1)The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—

(a)the Court consists of an uneven number of judges;

(b)the Court consists of at least three judges;

(c)more than half of those judges are permanent judges.

(2)Paragraphs (a) and (b) of subsection (1) are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.

(3)Paragraph (b) of subsection (1) is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.

(4)This section is subject to section 43.

(5)In this section—

(a)directions” means directions given by the President of the Court;

(b)specified”, in relation to directions, means specified in those directions;

(c)references to permanent judges are references to those judges of the Court who are not acting judges under section 38.

(6)This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.

43Changes in compositionE+W+S+N.I.

(1)This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.

(2)The presiding judge may direct that the Court is still duly constituted in the proceedings.

(3)The presiding judge may give a direction under this section only if—

(a)the parties agree;

(b)the Court still consists of at least three judges (whether the number of judges is even or uneven);

(c)at least half of those judges are permanent judges.

(4)Subsections (2) and (3) are subject to directions given by the President of the Court.

(5)If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.

(6)In this section—

(a)presiding judge” means the judge who is to preside, or is presiding, over proceedings;

(b)references to permanent judges have the same meaning as in section 42.

Practice and procedureE+W+S+N.I.

44Specially qualified advisersE+W+S+N.I.

(1)If the Supreme Court thinks it expedient in any proceedings, it may hear and dispose of the proceedings wholly or partly with the assistance of one or more specially qualified advisers appointed by it.

(2)Any remuneration payable to such an adviser is to be determined by the Court unless agreed between the adviser and the parties to the proceedings.

(3)Any remuneration forms part of the costs of the proceedings.

45Making of rulesE+W+S+N.I.

(1)The President of the Supreme Court may make rules (to be known as “Supreme Court Rules”) governing the practice and procedure to be followed in the Court.

(2)The power to make Supreme Court Rules includes power to make different provision for different cases, including different provision—

(a)for different descriptions of proceedings, or

(b)for different jurisdiction of the Supreme Court.

(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.

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Modifications etc. (not altering text)

46Procedure after rules madeE+W+S+N.I.

(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.

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Modifications etc. (not altering text)

47Photography etcE+W+S+N.I.

(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;.

Staff and resourcesE+W+S+N.I.

48Chief executiveE+W+S+N.I.

(1)The Supreme Court is to have a chief executive.

[F28(2)It is for the President of the Court to appoint the chief executive.]

(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) [F29or 51A(1)(a) or (b)];

(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.

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Amendments (Textual)

49Officers and staffE+W+S+N.I.

(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 [F30the following matters—]

(a)the number of officers and staff of the Court;

(b)subject to [F31subsections (2A) and] (3), the terms on which officers and staff are to be appointed.

[F32(2A)Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.]

(3)[F33Accordingly, 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.

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Amendments (Textual)

F30Words in s. 49(2) substituted (15.7.2013) by Crime and Courts Act 2013 (c. 22), ss. 29(3)(a), 61(3); S.I. 2013/1725, art. 2(e)

F31Words in s. 49(2)(b) substituted (15.7.2013) by Crime and Courts Act 2013 (c. 22), ss. 29(3)(b), 61(3); S.I. 2013/1725, art. 2(e)

F33Words in s. 49(3) substituted (15.7.2013) by Crime and Courts Act 2013 (c. 22), ss. 29(5), 61(3); S.I. 2013/1725, art. 2(e)

50Accommodation and other resourcesE+W+S+N.I.

(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.

51System to support Court in carrying on businessE+W+S+N.I.

(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.

[F34Court securityE+W+S+N.I.

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Amendments (Textual)

51ASecurity officersE+W+S+N.I.

(1)A Supreme Court security officer is a person who is—

(a)appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and

(b)designated by the President as a Supreme Court security officer.

(2)The President may give directions as to—

(a)training courses to be completed by Supreme Court security officers;

(b)conditions to be met before a person may be designated as a Supreme Court security officer.

(3)For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty.

(4)In those sections “court building” means any building—

(a)where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and

(b)to which the public has access.

51BPowers of search, exclusion, removal and restraintE+W+S+N.I.

(1)A Supreme Court security officer acting in the execution of the officer's duty may search—

(a)any person who is in, or seeking to enter, a court building, and

(b)any article in the possession of such a person.

(2)Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear.

(3)A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

(a)to permit a search under subsection (1), or

(b)to surrender an article in the person's possession when asked to do so under section 51C(1).

(4)A Supreme Court security officer acting in the execution of the officer's duty may—

(a)restrain any person who is in a court building, or

(b)exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (5).

(5)The purposes are—

(a)enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;

(b)maintaining order;

(c)securing the safety of any person in the court building.

(6)A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of—

(a)a judge of the Supreme Court, or

(b)a member of the Judicial Committee of the Privy Council.

(7)The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.

51CSurrender, seizure and retention of knives and other articlesE+W+S+N.I.

(1)If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.

(2)The grounds are that the article—

(a)may jeopardise the maintenance of order in the court building (or a part of it),

(b)may put the safety of any person in the court building at risk, or

(c)may be evidence of, or in relation to, an offence.

(3)Subject to subsection (4), a Supreme Court security officer may retain an article which was—

(a)surrendered in response to a request under subsection (1), or

(b)seized under that subsection,

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

(4)If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—

(a)the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

(b)the end of the permitted period,

whichever is the later.

(5)In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.

(6)Subsections (3) to (5) do not apply where a knife is—

(a)surrendered to a Supreme Court security officer in response to a request under subsection (1), or

(b)seized by a Supreme Court security officer under that subsection,

but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).

(7)If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.

(8)In this section “knife” includes—

(a)a knife-blade, and

(b)any other article which—

(i)has a blade or is sharply pointed, and

(ii)is made or adapted for use for causing injury to the person.

51DRegulations about retention of knives and other articlesE+W+S+N.I.

(1)The Lord Chancellor may by regulations make provision as to—

(a)the provision to persons—

(i)by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or

(ii)from whom articles have been seized under that subsection,

of written information about the powers of retention of Supreme Court security officers,

(b)the keeping of records about articles which have been so surrendered or seized,

(c)the period for which unclaimed articles have to be kept, and

(d)the disposal of unclaimed articles at the end of that period.

(2)In subsection (1) “unclaimed article” means an article—

(a)which has been retained under section 51C,

(b)which a person is entitled to have returned,

(c)which has not been returned, and

(d)whose return has not been requested by a person entitled to it.

(3)Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—

(a)the procedure to be followed when a knife is retained under section 51C;

(b)the making of requests by eligible persons for the return of knives so retained;

(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

(4)In subsection (3)—

  • eligible person”, in relation to a knife retained under section 51C, means—

    (a)

    the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or

    (b)

    any other person specified in regulations under subsection (3);

  • knife” has the same meaning as in section 51C.

51EAssaulting and obstructing Supreme Court security officersE+W+S+N.I.

(1)Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)to imprisonment for a term not exceeding 12 months, or

(b)to a fine not exceeding level 5 on the standard scale, or

(c)to both.

(3)Subsection (2) applies—

(a)in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to impose imprisonment), and

(b)in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(4)A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

FeesE+W+S+N.I.

52FeesE+W+S+N.I.

(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.

53Fees: supplementaryE+W+S+N.I.

(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.

Annual reportE+W+S+N.I.

54Annual reportE+W+S+N.I.

(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)[F35the First Minister for 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.

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Amendments (Textual)

SupplementaryE+W+S+N.I.

55SealE+W+S+N.I.

(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.

56Records of the Supreme CourtE+W+S+N.I.

(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;.

57Proceedings under jurisdiction transferred to the Supreme CourtE+W+S+N.I.

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.

58Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme CourtE+W+S+N.I.

(1)The Northern Ireland Act 1998 (c. 47) is amended as follows.

(2)In Schedule 2 (excepted matters), after paragraph 11 insert—

11AThe Supreme Court.

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

59Renaming of Supreme Courts of England and Wales and Northern IrelandE+W+S+N.I.

(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.

60Interpretation of Part 3E+W+S+N.I.

(1)In this Part—

  • part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

  • the senior judges” means—

    (a)

    the judges 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;

  • 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).

F37(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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