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Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Constitutional Reform Act 2005
2005 CHAPTER 4
PART 2
ARRANGEMENTS TO MODIFY THE OFFICE OF LORD CHANCELLOR
Qualifications for office of Lord Chancellor 2 Lord Chancellor to be qualified by experience (1) A person may not be recommended for appointment as Lord Chancellor unless he appears to the Prime Minister to be qualified by experience. (2) The Prime Minister may take into account any of these— (a) experience as a Minister of the Crown; (b) experience as a member of either House of Parliament; (c) experience as a qualifying practitioner; (d) experience as a teacher of law in a university; (e) other experience that the Prime Minister considers relevant. (3) In this section “qualifying practitioner” means any of these— (a) a person who has a Senior Courts qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41); (b) an advocate in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; (c) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Continued judicial independence 3 Guarantee of continued judicial independence (1) The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary. (2) Subsection (1) does not impose any duty which it would be within the legislative competence of the Scottish Parliament to impose. (3) A person is not subject to the duty imposed by subsection (1) if he is subject to the duty imposed by section 1(1) of the Justice (Northern Ireland) Act 2002 (c. 26). (4) The following particular duties are imposed for the purpose of upholding that independence. (5) The Lord Chancellor and other Ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary. (6) The Lord Chancellor 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 to exercise their functions; (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. (7) In this section “the judiciary” includes the judiciary of any of the following— (a) the Supreme Court; (b) any other court established under the law of any part of the United Kingdom; (c) any international court. [F1 (7A) In this section “the judiciary” also includes every person who— (a) holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and (b) but for this subsection would not be a member of the judiciary for the purposes of this section. (7B) The offices are those of— (a) Senior President of Tribunals; (b) President of Employment Tribunals (Scotland); (c) Vice President of Employment Tribunals (Scotland); (d) member of a panel of [F2 Employment Judges ] (Scotland); (e) member of a panel of members of employment tribunals that is not a panel of [F2 Employment Judges ] ; (f) F3................................ ] (8) In subsection (7) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of— (a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “(za) section 1,”. Representations by senior judges 5 Representations to Parliament [F4 (A1) The President of the Supreme Court may lay before Parliament written representations on matters that appear to the President to be matters of importance relating to the Supreme Court or to the jurisdiction it exercises. ] (1) The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom. (2) In relation to Scotland [F5 the matters mentioned in subsections (A1) and (1) ] do not include matters within the legislative competence of the Scottish Parliament, unless they are matters to which a Bill for an Act of Parliament relates. (3) In relation to Northern Ireland [F6 the matters mentioned in subsections (A1) and (1) ] do not include transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates. (4) In subsection (3) the reference to transferred matters has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47). (5) In this section “chief justice” means— (a) in relation to England and Wales or Northern Ireland, the Lord Chief Justice of that part of the United Kingdom; (b) in relation to Scotland, the Lord President of the Court of Session. Textual Amendments F4 S. 5(A1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 81(2) , 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 66 F5 Words in s. 5(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 81(3) , 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 66 F6 Words in s. 5(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 81(3) , 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 66 Commencement Information I1 (^) S. 5 partly in force; s. 5 not in force at Royal Assent, see s. 148; s. 5(1)(2)(5) in force at 3.4.2006 by S.I. 2006/1014, art. 2(a) , Sch. 1 para. 4; s. 5(3)(4) in force at 8.5.2007 by S.I. 2007/1252, art. 2 6 Representations to the Northern Ireland Assembly (1) The Lord Chief Justice of Northern Ireland may lay before the Northern Ireland Assembly written representations on matters within subsection (2) that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in Northern Ireland. (2) The matters are—
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- 5 Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) excepted or reserved matters to which a Bill for an Act of the Northern Ireland Assembly relates; (b) transferred matters within the legislative competence of the Northern Ireland Assembly, unless they are matters to which a Bill for an Act of Parliament relates. (3) In subsection (2) references to excepted, reserved and transferred matters have the meaning given by section 4(1) of the Northern Ireland Act 1998. Judiciary and courts in England and Wales 7 President of the Courts of England and Wales (1) The Lord Chief Justice holds the office of President of the Courts of England and Wales and is Head of the Judiciary of England 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 Lord Chancellor and to Ministers of the Crown generally; (b) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of England and Wales within the resources made available by the Lord Chancellor; (c) for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales and the allocation of work within courts. (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 the Crown Court [F7 the family court ] the [F8 county court ] 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 to have effect. Textual Amendments F7 Words in s. 7(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 97 ; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) F8 Words in s. 7(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 42 ; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) 8 Head and Deputy Head of Criminal Justice (1) There is to be a Head of Criminal Justice.
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- 7 Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Parliament a report as to the way in which he has discharged his duty under subsection (1).” Commencement Information I2 S. 10 partly in force; s. 10 not in force at Royal Assent see s. 148; s. 10 in force for specified purposes at 3.4.2006 by S.I. 2006/1014, art. 2(a) , Sch. 1 para. 6 11 Lord Chief Justice of Northern Ireland For subsection (1) of section 12 of the Justice (Northern Ireland) Act 2002 (c. 26) (role of the Lord Chief Justice) substitute— “(1A) The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland. (1B) As President of the Courts of Northern Ireland he is responsible— (a) for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally; (b) for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers; (c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor; (d) for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts. (1C) The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts. (1D) The courts are— the Court of Appeal the High Court the Crown Court the county courts the magistrates' courts.” Commencement Information I3 S. 11 partly in force; s. 11 not in force at Royal Assent s. 148; s. 11 in force for specified purposes at 3.4.2006 by S.I. 2006/1014, art. 2(a) , Sch. 1 para. 6; s. 11 in force for further specified purposes at 8.5.2007 by S.I. 2007/1252, art. 2 Other provisions about the judiciary and courts 12 Powers to make rules (1) Part 1 of Schedule 1 sets out a process for the exercise of rule-making powers.
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) Part 2 of the Schedule contains amendments of Acts that contain rule-making 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. 13 Powers to give directions (1) Part 1 of Schedule 2 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. (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. 14 Transfer of appointment functions to Her Majesty Schedule 3 provides for— (a) Her Majesty instead of the Lord Chancellor to make appointments to certain offices, and (b) the modification of enactments relating to those offices. Commencement Information I4 S. 14 partly in force; s. 14 not in force at Royal Assent see s. 148; s. 14 in force for specified purposes at 3.4.2006 by S.I. 2006/1014, art. 2(a) , Sch. 1 para. 8 15 Other functions of the Lord Chancellor and organisation of the courts (1) Schedule 4 provides for— (a) the transfer of functions to or from the Lord Chancellor, (b) the modification of other functions of the Lord Chancellor, (c) the modification of enactments relating to those functions, and (d) the modification of enactments relating to the organisation of the courts. (2) Schedule 5 makes similar provision about functions under legislation relating to Northern Ireland. Commencement Information I5 S. 15 partly in force; s. 15 not in force at Royal Assent see s. 148; s. 15(2) in force for specified purposes at 31.8.2005 by S.I. 2005/2284, art. 2 ; s. 15 in force for specified purposes at 3.4.2006 by S.I. 2006/1014, art. 2(a) , Sch. 1 para. 10 I6 S. 15(2) in force at 12.4.2010 for specified purposes by S.I. 2010/883, art. 2(a)
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “ 6A Lord Chancellor's Oath (1) The oath set out in subsection (2) shall be tendered to and taken by the Lord Chancellor, after and in the same manner as the official oath, as soon as may be after his acceptance of office. (2) The oath is— “I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”.” (2) The section inserted by subsection (1) does not apply in the case of acceptance of office before the coming into force of this section. Speakership of the House of Lords 18 Speakership of the House of Lords Schedule 6 contains amendments relating to the Speakership of the House of Lords. Functions subject to transfer, modification or abolition 19 Transfer, modification or abolition of functions by order (1) The Lord Chancellor may by order make provision for any of these purposes— (a) to transfer an existing function of the Lord Chancellor to another person; (b) to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person; (c) to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor; (d) to modify an existing function of the Lord Chancellor; (e) to abolish an existing function of the Lord Chancellor. (2) An order under subsection (1) may in particular— (a) amend or repeal any of the following— (i) an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed; (ii) subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed; (iii) any other instrument or document, including a prerogative instrument; (b) include— (i) any supplementary, incidental or consequential provision, and (ii) any transitory, transitional or saving provision,
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- 11 Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1). (3) The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this Act. (4) An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc). (5) An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7. (6) An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order— (a) becomes exercisable by the Lord Chancellor concurrently with another person, or (b) is modified. (7) An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1). (8) In this section— “existing function” means any function other than one that is conferred by— (a) an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed, or (b) subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed; “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative. 20 Protected functions not transferable under Ministers of the Crown Act 1975 (1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows. (2) In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert— “(6) This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005. (7) An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council— (a) is transferred to the Lord Chancellor, (b) becomes exercisable by the Lord Chancellor concurrently with another person, or (c) remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.
Part 2 – Arrangements to modify the office of Lord Chancellor Document Generated: 2022-06- 13 Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (7) Legal proceedings to which the Lord Chancellor is party in relation to the function at the commencement of the amending provision may be continued by or against the transferee. (8) Documents or forms printed for use in connection with the function may be used in connection with it even though they contain (or are to be read as containing) references to the Lord Chancellor, his Department or an officer of his. (9) For the purposes of the use of any such documents after the commencement of the amending provision, those references are to be read as references to the transferee, his department or an officer of his.
Document Generated: 2022-06- Changes to legislation: Constitutional Reform Act 2005, Part 2 is up to date with all changes known to be in force on or before 02 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 132(4A) words substituted by 2015 c. 2 s. 83(1)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(2)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(3)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(4)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(6)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(8)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(9)
- Sch. 7 para. 4Pt. A words inserted by 2007 c. 15 s. 144(10)(a)
- Sch. 7 para. 4Pt. A words substituted by 2007 c. 15 s. 144(10)(b)
