- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Constitutional Reform Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(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—
“11AThe Supreme Court.”
(3)In Schedule 3 (reserved matters), after paragraph 14 insert—
“14AThe 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).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: