Search Legislation

Constitutional Reform Act 2005

Changes to legislation:

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. Help about Changes to Legislation

Close

Changes to Legislation

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.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

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):

Commencement Orders yet to be applied to the Constitutional Reform Act 2005

 Help about changes and effects
Close

Commencement Orders

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 legislation that affects this Act into force:

Part 2 E+W+S+N.I.Rule-making powers subject to the process in Part 1

Trustee Act 1925 (c. 19)E+W+S+N.I.

6In section 54 of the Trustee Act 1925 (jurisdiction in regard to mental patients), for the paragraph after subsection (2)(d) substitute—E+W+S+N.I.

(2A)Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 with respect to the exercise of the jurisdiction referred to in subsection (2).

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)E+W+S+N.I.

7In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (6A)(a) for “by the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.E+W+S+N.I.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W+S+N.I.

8(1)Section 5 of the Reserve and Auxiliary Forces (Protection of Civilian Interests) Act 1951 (appropriate courts and procedure) is amended as follows.E+W+S+N.I.

(2)In subsection (2) for “The Lord Chancellor may also make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.

(3)In subsections (3) to (5) for “Rules so made” substitute “ Rules under subsection (2) ”.

(4)In subsection (6) for “this section” substitute “ subsection (1) ”.

Courts-Martial (Appeals) Act 1968 (c. 20)E+W+S+N.I.

9(1)Section 49 of the Courts-Martial (Appeals) Act 1968 (rules of court) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “by the Lord Chief Justice with the approval of the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

(3)In subsection (2) for “Lord Chief Justice” substitute “ person making the rules ”.

(4)Omit subsections (3) and (4).

Adoption Act 1976 (c. 36)E+W+S+N.I.

10In section 66 of the Adoption Act 1976 (rules of procedure), in subsection (1) for “by the Lord Chancellor” substitute “ in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 ”.E+W+S+N.I.

Supreme Court Act 1981 (c. 54)E+W+S+N.I.

11The Supreme Court Act 1981 is amended as follows.E+W+S+N.I.

12(1)Section 127 (probate rules) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for the words from the beginning to “for regulating” substitute “ Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating ”.

(3)Omit subsection (3).

13(1)Section 136 (production of documents filed in, or in custody of, Supreme Court) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for the words from the beginning to “make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

(3)In subsection (2)(b) for “Lord Chancellor” substitute “ person making the rules ”.

(4)Omit subsection (3).

Mental Health Act 1983 (c. 20)E+W+S+N.I.

14The Mental Health Act 1983 is amended as follows.E+W+S+N.I.

15In section 108 (general provisions as to rules under Part 7), after subsection (1) (as substituted by paragraph 129(2) of Schedule 4) insert—E+W+S+N.I.

(1A)Rules under any other provision of this Part of this Act are to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

16In section 143 (general provisions as to regulations, orders and rules), after subsection (3) insert—E+W+S+N.I.

(4)This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

County Courts Act 1984 (c. 28)E+W+S+N.I.

17(1)Section 38 of the County Courts Act (remedies available in county courts) is amended as follows.E+W+S+N.I.

(2)Omit subsection (4)(c).

(3)After subsection (4) insert—

(4A)If regulations are made under subsection (3), rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 about procedure relevant to the matters prescribed in the regulations.

Matrimonial and Family Proceedings Act 1984 (c. 42)E+W+S+N.I.

18In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), in the second paragraph of subsection (2)—E+W+S+N.I.

(a)in paragraph (a) omit “by the Lord Chancellor”;

(b)in paragraph (b) omit “by the President of the Family Division with the concurrence of the Lord Chancellor”.

Coroners Act 1988 (c. 13)E+W+S+N.I.

19The Coroners Act 1988 is amended as follows.E+W+S+N.I.

20In section 11 (proceedings at inquest), for subsection (5)(c) substitute—E+W+S+N.I.

(c)shall be in such form as may be prescribed in rules made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

21(1)Section 32 (power to make rules) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “The Lord Chancellor may, with the concurrence of the Secretary of State, make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

(3)In subsection (3) for “of the Lord Chancellor under this section to make rules” substitute “ to make rules under this section ”.

(4)Omit subsection (4).

Family Law Act 1996 (c. 27)E+W+S+N.I.

22The Family Law Act 1996 is amended as follows.E+W+S+N.I.

23(1)For the title to section 12 substitute “ Rules about procedure ”.E+W+S+N.I.

(2)In subsection (1) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

(3)In subsection (2) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.

24In section 65 (rules, regulations and orders), in subsection (5) after “does not apply” insert “ to rules made under section 12 or ”.E+W+S+N.I.

25The power to amend or repeal enactments that is referred to in section 109(5)(b) of the Courts Act 2003 (c. 39) may be exercised in relation to sections 12 and 65 of the Family Law Act 1996 (c. 27) as amended by paragraphs 24 and 25 of this Schedule.E+W+S+N.I.

Adoption and Children Act 2002 (c. 38)E+W+S+N.I.

26(1)The Adoption and Children Act 2002 is amended as follows.E+W+S+N.I.

(2)Those amendments do not have effect at any time after the amendments made to the Adoption and Children Act 2002 by paragraph 413 of Schedule 8 to the Courts Act 2003 have come into force.

27In section 141 (rules of procedure), in subsection (1) for “The Lord Chancellor may make rules” substitute “ Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 ”.E+W+S+N.I.

28In section 142 (supplementary and consequential provision), in subsection (4) for “this Act or” substitute “ this Act, any power to make rules under section 141 or any power ”.E+W+S+N.I.

Courts Act 2003 (c. 39)E+W+S+N.I.

29In section 76 of the Courts Act 2003 (further provision about scope of Family Procedure Rules) omit “by the President of the Family Division, with the concurrence of the Lord Chancellor,”.E+W+S+N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open Schedules only

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources