2009 No. 2468

Supreme Court Of England And Wales

The Constitutional Reform Act 2005 (Consequential Amendments) Order 2009

Made

Laid before Parliament

Coming into force

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 143(2)(ii) of the Constitutional Reform Act 20051:

Citation and commencement1

This Order may be cited as The Constitutional Reform Act 2005 (Consequential Amendments) Order 2009 and comes into force on 1st October 2009.

Consequential amendments2

The legislation listed in articles 3 to 11 is amended as provided for in those articles.

The Community Legal Service (Cost Protection) Regulations 20003

In regulation 5(3A)(a) of the Community Legal Service (Cost Protection) Regulations 20002 for “in relation to proceedings in the House of Lords, by the Clerk to the Parliaments” substitute “in relation to proceedings in the Supreme Court, by such officers as may be appointed by the President”.

The Community Legal Service (Costs) Regulations 20004

In regulation 10(10)(a) of the Community Legal Service (Costs) Regulations 20003 for “in relation to proceedings in the House of Lords, by the Clerk to the Parliaments” substitute “in relation to proceedings in the Supreme Court, by such officers as may be appointed by the President”.

The Community Legal Service (Financial) Regulations 20005

In regulation 40(4) of the Community Legal Service (Financial) Regulations 20004 for “the House of Lords” substitute “the Supreme Court”.

The Community Legal Service (Funding) Order 20006

1

The Community Legal Service (Funding) Order 20005 (in so far as it continues to have effect by virtue of article 2(2) of the Community Legal Service (Funding) Order 20076) is amended as follows.

2

In article 2(1), in the definition of “immigration proceedings”, for “the House of Lords” substitute “the Supreme Court”.

The Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 20017

In regulation 2 of the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 20017, in the definition of “appropriate officer”, for “the House of Lords” substitute “the Supreme Court”.

The Criminal Defence Service (General) (No.2) Regulations 20018

1

The Criminal Defence Service (General) (No.2) Regulations 20018 are amended as follows.

2

In regulation 2, in the definition of “appropriate officer” for “the House of Lords” substitute “the Supreme Court”.

3

In regulation 10—

a

in paragraph (1) for “the House of Lords” substitute “the Supreme Court”;

b

in paragraph (7) for “the House of Lords” substitute “the Supreme Court”.

4

In regulation 13—

a

in the heading for “the House of Lords” substitute “the Supreme Court”;

b

in paragraph (1) for “the House of Lords” substitute “the Supreme Court”.

5

In regulation 14—

a

in the heading for “the House of Lords” substitute “the Supreme Court”;

b

in paragraph (1) for “the House of Lords” substitute “the Supreme Court”;

c

in paragraph (8) for “the House of Lords” substitute “the Supreme Court”.

The Community Legal Service (Funding) (Counsel in Family Proceedings) Order 20019

In article 4(4)(c) of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 20019 for “the House of Lords” substitute “the Supreme Court”.

The Criminal Defence Service (Funding) Order 200710

1

The Criminal Defence Service (Funding) Order 200710 is amended as follows.

2

In article 2(f), in both instances, for “the House of Lords” substitute “the Supreme Court”.

3

In article 3(6) for “the House of Lords” substitute “the Supreme Court”.

4

In article 4(3)(a) for “the House of Lords” substitute “the Supreme Court”.

5

In article 9—

a

in the heading for “the House of Lords” substitute “the Supreme Court”;

b

in paragraph (1), in both instances, for “the House of Lords” substitute “the Supreme Court”;

c

in paragraph (2) for “the House of Lords” substitute “the Supreme Court”.

The Community Legal Service (Funding) Order 200711

1

The Community Legal Service (Funding) Order 200711 is amended as follows.

2

In article 3(1), in the definition of “Higher Courts”, for “the House of Lords” substitute “the Supreme Court”.

3

In article 5(2)(b)(i) for “the House of Lords” substitute “the Supreme Court”.

BachParliamentary Under Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes consequential amendments to subordinate legislation concerning the provision of legal aid, replacing references to the House of Lords with references to the Supreme Court. The Order is made under section 143 of the Constitutional Reform Act 2005 (c. 4). The Constitutional Reform Act 2005 abolishes the appellate jurisdiction of the House of Lords and creates the Supreme Court of the United Kingdom. An impact assessment has not been prepared for this Order; a regulatory impact assessment was prepared for the Constitutional Reform Act 2005 in relation to the Supreme Court and is available on the Ministry of Justice website using the following link: http://www.dca.gov.uk/risk/constrefria.htm