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Constitutional Reform Act 2005
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- 2005 c. 4
- Part 2
- Other provisions about the...
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Changes over time for: Cross Heading: Other provisions about the judiciary and courts
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Constitutional Reform Act 2005, Cross Heading: Other provisions about the judiciary and courts is up to date with all changes known to be in force on or before 23 April 2024. 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.
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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. 4 Pt. A words inserted by 2007 c. 15 s. 144(2)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(3)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(4)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(6)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(8)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(9)
- Sch. 7 para. 4 Pt. A words inserted by 2007 c. 15 s. 144(10)(a)
- Sch. 7 para. 4 Pt. A words substituted by 2007 c. 15 s. 144(10)(b)
Other provisions about the judiciary and courtsU.K.
12Powers to make rulesU.K.
(1)Part 1 of Schedule 1 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 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.
13Powers to give directionsU.K.
(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.
14Transfer of appointment functions to Her MajestyU.K.
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
I1S. 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
15Other functions of the Lord Chancellor and organisation of the courtsU.K.
(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
I2S. 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
I3S. 15(2) in force at 12.4.2010 for specified purposes by S.I. 2010/883, art. 2(a)
16Functions of the Lord Chief Justice during vacancy or incapacityU.K.
(1)This section applies during any period when—
(a)the office of Lord Chief Justice is vacant, or
(b)the Lord Chief Justice is incapacitated.
(2)During such a period—
(a)any function of the Lord Chief Justice may be exercised by the senior Head of Division;
(b)anything which falls to be done in relation to the Lord Chief Justice may be done in relation to the senior Head of Division.
(3)The senior Head of Division is—
(a)the Master of the Rolls, or
(b)the President of the Queen's Bench Division, if the office in paragraph (a) is vacant, or
(c)the President of the Family Division, if the offices in paragraphs (a) and (b) are vacant, or
(d)the Chancellor of the High Court, if the offices in paragraphs (a), (b) and (c) are vacant.
(4)For the purposes of this section—
(a)the Lord Chief Justice is to be regarded as incapacitated only if at least three of the Heads of Division declare in writing that they are satisfied that he is incapacitated;
(b)in such a case, the Lord Chief Justice is to be regarded as incapacitated until at least three of the Heads of Division declare in writing that they are satisfied that he is no longer incapacitated.
(5)In this section—
(a)“Lord Chief Justice” means the Lord Chief Justice of England and Wales;
(b)“incapacitated”, in relation to the Lord Chief Justice, means unable to exercise the functions of that office;
(c)“Head of Division” means each of the office holders referred to in subsection (3).
Modifications etc. (not altering text)
C1S. 16(2)(a) excluded (1.10.2013) by The Judicial Appointments Regulations 2013 (S.I. 2013/2192), regs. 1, 3
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