Constitutional Reform Act 2005 Explanatory Notes

Section 57 and Schedule 10: Proceedings under jurisdiction transferred to Supreme Court

200.Section 57 introduces Schedule 10, which makes transitional provision relating to proceedings which, at the time the Supreme Court is established, are pending in the House of Lords or Judicial Committee of the Privy Council under jurisdiction which is transferred to the Supreme Court. The essence of the approach is that such proceedings may be continued in the Supreme Court after the transfer of the jurisdiction as if they had commenced in the Supreme Court, and anything done in accordance with the rules applicable to proceedings in the House of Lords or Judicial Committee (as the case may be) is to be treated as having been done in accordance with the corresponding rules of the Supreme Court. In addition, there is a saving for any acts, decisions or orders of the House of Lords or Judicial Committee in proceedings under a transferred jurisdiction, which will have the same effect, with further proceedings pursuant to or in respect of them being possible, as if they were acts, decisions or orders of the Supreme Court.

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