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Constitutional Reform Act 2005

Changes over time for: Cross Heading: The Supreme Court

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The Supreme CourtU.K.

23The Supreme CourtU.K.

(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.]

Textual Amendments

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 CourtU.K.

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.

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