SCHEDULES

SCHEDULE 11Transitional provisions

The Supreme Court

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1

This paragraph has effect until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4).

2

Any decision of the Judicial Committee in proceedings under this Act—

a

must be stated in open court, and

b

is binding in all legal proceedings (other than proceedings before the Judicial Committee).

3

The only members of the Judicial Committee who may sit and act as members of the Judicial Committee in proceedings under this Act are those who hold or have held—

a

the office of a Lord of Appeal in Ordinary, or

b

high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)).

4

Her Majesty may by Order in Council—

a

confer on the Judicial Committee in relation to proceedings under this Act such powers as appear to be appropriate,

b

apply the Judicial Committee Act 1833 (c. 41) in relation to proceedings under this Act with exceptions and modifications, and

c

make rules for regulating the procedure with respect to proceedings under this Act before the Judicial Committee.

5

An Order in Council under sub-paragraph (4) may make such modifications of—

a

any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

b

any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made by the Order in Council.

6

No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

7

A statutory instrument containing an Order in Council which makes provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.