Constitutional Reform Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Constitutional Reform Bill [HL]

Constitutional Reform Bill [HL]
Part 1 — Arrangements to replace office of Lord Chancellor
1

A
Bill
To
Make provision for replacing the office of Lord Chancellor, and to abolish that
office; to establish a Supreme Court of the United Kingdom, and to abolish the
appellate jurisdiction of the House of Lords; to make provision about the
jurisdiction of the Judicial Committee of the Privy Council and the judicial
functions of the President of the Council; to make other provision about the
judiciary, their appointment and discipline; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Arrangements to replace office of Lord Chancellor
The judiciary and courts
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Guarantee of continued judicial independence
(1)
Ministers of the Crown and all with responsibility for matters relating to the
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judiciary or otherwise to the administration of justice must uphold the
continued independence of the judiciary.
(2)
The following particular duties are imposed for the purpose of upholding that
independence.
(3)
Ministers of the Crown must not seek to influence particular judicial decisions
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through any special access to the judiciary.
(4)
The Secretary of State for Constitutional Affairs (“the Minister”) must have
regard to—
(a)
the need to defend that independence;
(b)
the need for the judiciary to have the support necessary to enable them
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to exercise their functions;

HL Bill 30 53/3

Constitutional Reform Bill [HL]
Part 1 — Arrangements to replace office of Lord Chancellor
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(c)
the need for the public interest in regard to matters relating to the
judiciary or otherwise to the administration of justice to be properly
represented in decisions affecting those matters.
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President of the Courts of England and Wales
(1)
The Lord Chief Justice holds the office of President of the Courts of England
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and Wales.
(2)
As President of the Courts of England and Wales he is responsible—
(a)
for representing the views of the judiciary of England and Wales to
Parliament, to the Minister and to Ministers of the Crown generally;
(b)
for the maintenance of appropriate arrangements for the welfare,
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training and guidance of the judiciary of England and Wales within the
resources made available by the Minister;
(c)
for the maintenance of appropriate arrangements for the deployment of
the judiciary of England and Wales and the allocation of work within
courts.
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(3)
The President of the Courts of England and Wales is president of the courts
listed in subsection (4) and is entitled to sit in any of those courts.
(4)
The courts are—

the Court of Appeal

the High Court
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the Crown Court

the county courts

the magistrates’ courts.
(5)
In section 1 of the Supreme Court Act 1981 (c. 54), subsection (2) (Lord
Chancellor to be president of the Supreme Court of England and Wales) ceases
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to have effect.
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Functions of the Lord Chancellor and organisation of the courts
Schedule 1 contains amendments which relate to—
(a)
certain functions of the Lord Chancellor, or
(b)
the organisation of the courts.
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4
Head and Deputy Head of Criminal Justice
(1)
There is to be a Head of Criminal Justice.
(2)
The Head of Criminal Justice is—
(a)
the Lord Chief Justice, or
(b)
if the Lord Chief Justice appoints another person, that person.
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(3)
The Lord Chief Justice may appoint a person to be Deputy Head of Criminal
Justice.
(4)
The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3)
unless these conditions are met—
(a)
the Lord Chief Justice has consulted the Minister;
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(b)
the person to be appointed is an ordinary judge of the Court of Appeal.

Constitutional Reform Bill [HL]
Part 1 — Arrangements to replace office of Lord Chancellor
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(5)
A person appointed under subsection (2)(b) or (3) holds the office to which he
is appointed in accordance with the terms of his appointment.
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Head and Deputy Head of Family Justice
(1)
The President of the Family Division is Head of Family Justice.
(2)
The Lord Chief Justice may appoint a person to be Deputy Head of Family
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Justice.
(3)
The Lord Chief Justice must not appoint a person under subsection (2) unless
these conditions are met—
(a)
the Lord Chief Justice has consulted the Minister;
(b)
the person to be appointed is an ordinary judge of the Court of Appeal.
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(4)
A person appointed as Deputy Head of Family Justice holds that office in
accordance with the terms of his appointment.
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Powers to make rules
(1)
Part 1 of Schedule 2 sets out a process for the exercise of rule-making powers.
(2)
Part 2 of the Schedule contains amendments of Acts that contain rule-making
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powers.
(3)
Those amendments—
(a)
provide for those powers to be exercised in accordance with the process
set out in Part 1 of the Schedule, and
(b)
make consequential provision.
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Powers to give directions
(1)
Part 1 of Schedule 3 sets out a process for the exercise of powers to give
directions.
(2)
Part 2 of the Schedule contains amendments of Acts that contain powers to give
directions.
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(3)
Those amendments—
(a)
provide for those powers to be exercised in accordance with the process
set out in Part 1 of the Schedule, and
(b)
make consequential provision.
Appointments
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Transfer of appointment functions
(1)
Part 1 of Schedule 4—
(a)
provides for Her Majesty instead of the Lord Chancellor to make
appointments to certain offices, and
(b)
makes other modifications to enactments relating to those offices.
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(2)
Part 2 of Schedule 4—
(a)
provides for the Minister instead of the Lord Chancellor to make
appointments to certain offices, and

Constitutional Reform Bill [HL]
Part 1 — Arrangements to replace office of Lord Chancellor
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(b)
makes other modifications to enactments relating to those offices.
The Great Seal
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The Great Seal
(1)
The functions of the Lord Chancellor relating to the Great Seal are transferred
to the Minister.
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(2)
Schedule 5 makes consequential amendments and other amendments relating
to the keeper and commissioners of the Great Seal.
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Commissioners of the Great Seal
(1)
The Great Seal Act 1688 ceases to have effect.
(2)
Subsection (1) does not affect the power of Her Majesty to appoint
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Commissioners of the Great Seal by letters patent under that seal.
(3)
But the functions of Commissioners of the Great Seal are only those functions
conferred on the Minister by section 9 or Schedule 5 (subject to any limitation
in the Commission).
(4)
Commissioners of the Great Seal who are not peers rank next after peers and
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the Speaker of the House of Commons.
Speakership of the House of Lords
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Speakership of the House of Lords
Schedule 6 contains amendments relating to the Speakership of the House of
Lords.
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Abolition of the office of Lord Chancellor
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Abolition of office of Lord Chancellor
The office of Lord High Chancellor of Great Britain is abolished (together with
the office of Lord Keeper of the Great Seal).
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Salary and pension
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(1)
Schedule 7 is about the Lord Chancellor’s salary and pension.
(2)
Part 1 contains amendments about salary and pension that are consequential
on the abolition of the office of Lord Chancellor.
(3)
Part 2 contains special provision about the pension arrangements of the person
holding the office of Lord Chancellor at the time of its abolition.
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