United Kingdom 1215 (rev. 2013) Subsequently amended

Magna Carta 1297

Preamble, Source of constitutional authority

Preamble

THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND, AND OF THE LIBERTIES OF THE FOREST; CONFIRMED BY KING EDWARD, IN THE TWENTY-FIFTH YEAR OF HIS REIGN.

Reference to country's history, Political theorists/figures, God or other deities

EDWARD by the Grace of God King of England, Lord of Ireland, and Duke of Guyan, to all Archbishops, Bishops, &c. We have seen the Great Charter of the Lord Henry sometimes King of England, our Father, of the Liberties of England in these words:

Mentions of social class, God or other deities, Political theorists/figures, Reference to country's history, Motives for writing constitution

HENRY by the Grace of God King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, Sheriffs, Provosts, Officers, and to all Bailiffs, and other our faithful Subjects, which shall see this present Charter, Greeting: Know Ye, that We, unto the honour of Almighty God, and for the salvation of the souls of our Progenitors and Successors [Kings of England,] to the advancement of Holy Church and amendment of our Realm, of our meer and free will, have given and granted to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, and to all [Freemen] of this our Realm, these Liberties following, to be kept in our Kingdom of England for ever.

Separation of church and state, God or other deities, Freedom of religion, Mentions of social class

I. Confirmation of Liberties

FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.

II-VIII

[Repealed]

Municipal government

IX. Liberties of London, &c

THE City of London shall have all the old Liberties and Customs [which it hath been used to have]. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their Liberties and free Customs.

X-XXVIII

[Repealed]

Protection from unjustified restraint, Principle of no punishment without law, Mentions of social class, Jury trials required, Guarantee of due process

XXIX. Imprisonment, &c. contrary to Law. Administration of Justice

NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

XXX-XXXVII

[Repealed]

Closing Text. General Saving. Observance of these Liberties. Subsidy, in respect of this Charter and Charter of the Forest

Mentions of social class, General guarantee of equality

Reserving to all Archbishops, Bishops, Abbots, Priors, Templars, Hospitallers, Earls, Barons, and all Persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. And all these Customs and Liberties aforesaid, which We have granted to be holden within this our Realm, as much as appertaineth to Us and our Heirs, we shall observe; and all Men of this our Realm, as well Spiritual as Temporal, as much as in them is, shall observe the same against all Persons, in like wise. And for this our Gift and Grant of these Liberties, and of other contained in our Charter of Liberties of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto Us the Fifteenth Part of all their Moveables. And We have granted unto them on the other part, that neither We nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken. And if any thing be procured by any person contrary to the premises, it shall be had of no force nor effect. These being Witnesses; Lord B. Archbishop of Canterbury, E. Bishop of London, J. Bishop of Bathe, P. of Winchester, H. of Lincoln, R. of Salisbury, W. of Rochester, W. of Worcester, J. of Ely, H. of Hereford, R. of Chichester, W. of Exeter, Bishops; the Abbot of St. Edmonds, the Abbot of St. Albans, the Abbot of Bello, the Abbot of St. Augustine’s in Canterbury, the Abbot of Evesham, the Abbot of Westminster, the Abbot of Bourgh St. Peter, the Abbot of Reding, the Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde, the Abbot of Certesey, the Abbot of Sherburn, the Abbot of Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Abbot of Seleby, the Abbot of Cirencester; H. de Burgh Justice, H. Earl of Chester and Lincoln, W. Earl of Salisbury, W. Earl of Warren, G. de Clare Earl of Gloucester and Hereford, W. de Ferrars Earl of Derby, W. de Mandeville Earl of Essex, H. de Bygod Earl of Norfolk, W. Earl of Albemarle, H. Earl of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter, R. de Vyponte, W. de Bruer, R. de Muntefichet, P. Fitzherbert, W. de Aubenie, F. Gresly, F. de Breus, J. de Monemue, J. Fitzallen, H. de Mortimer, W. de Beauchamp, W. de St. John, P. de Mauly, Brian de Lisle, Thomas de Multon, R. de Argenteyn, G. de Nevil, W. de Mauduit, J. de Balun, and others.

We, Ratifying and approving these Gifts and Grants aforesaid, confirm and make strong all the same for Us and our Heirs perpetually, and by the Tenor of these Presents do renew the same: Willing and granting for Us and our Heirs, that this Charter and all and singular his Articles for ever shall be stedfastly, firmly, and inviolably observed; and if any Article in the same Charter contained yet hitherto peradventure hath not been kept We will and by authority royal command from henceforth firmly they be observed.

In Witness whereof We have caused these our Letters Patents to be made. T. Edward our son at Westminster, the twenty-eighth day of March in the twenty-eighth year of our Reign.

The Petition of Right 1628

Preamble

Preamble

Source of constitutional authority, Motives for writing constitution

The Peticion Exhibited to His Majestie by the Lords Spirituall and Temporall and Comons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects: with the Kings Majesties Royall Aunswere thereunto in full Parliament.

To the Kings most Excellent Majestie.

Reference to country's history, Tax bills, Source of constitutional authority, Political theorists/figures, Head of state powers

I. Reciting that by (25) 34 Ed. I. st. 4. c. 1, by Authority of Parliament holden 25 Ed. III. and by other Laws of this Realm, the Kings Subjects should not be taxed but by Consent in Parliament

HUMBLY shew unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Comons in Parliament assembled, That whereas it is declared and enacted by a Statute made in the tyme of the Raigne of King Edward the first comonly called Statutum de Tallagio non concedendo, That no Tallage or Ayde should be layd or levyed by the King or his Heires in this Realme without the good will and assent of the Archbishopps Bishopps Earles Barons Knights Burgesses and other the Freemen of the Comonaltie of this Realme, And by Authoritie of Parliament holden in the five and twentith yeare of the raigne of King Edward the third, it is declared and enacted, That from thenceforth no person should be compelled to make any Loanes to the King against his will because such Loanes were against reason and the franchise of the Land, And by other Lawes of this Realme it is provided, that none should be charged by any charge or Imposicion called a Benevolence nor by such like Charge by which the Statutes before mencioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any Taxe Tallage Ayde or other like Charge not sett by comon consent in Parliament.

Crimes of the previous regime, Protection from unjustified restraint

II. and that Commissions have of late issued on which Proceedings have been had contrary to Law

Yet neverthelesse of late divers Comissions directed to sundry Comissioners in severall Counties with Instruccions have issued, by meanes whereof your people have been in divers places assembled and required to lend certaine somes of mony unto your Majestie, and many of them uppon their refusall soe to doe have had an Oath administred unto them not warrantable by the Lawes or Statutes of this Realme and have been constrayned to become bound to make apparance and give attendance before your Privie Councell and in other places; and others of them have been therefore imprisoned confined and sondry other waies molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lieutenants Deputie Lieutenants Comissioners for Musters Justices of Peace and others by Comaund or Direccion from your Majestie or your Privie Councell against the Lawes and free Customes of the Realme.

III. [Repealed]

IV. [Repealed]

V. [Repealed]

Protection from expropriation, Crimes of the previous regime

VI. and that Soldiers have been dispersed in divers Counties, and Inhabitants compelled to receive them

And whereas of late great Companies of Souldiers and Marriners have been dispersed into divers Counties of the Realme, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourne against the Lawes and Customes of this Realme and to the great grievance and vexacion of the people.

Principle of no punishment without law, Emergency provisions, General guarantee of equality, Crimes of the previous regime, Protection from unjustified restraint

VII. 25 E. III. and that Commissions have issued under the Great Seal for Proceedings according to Martial Law

Source of constitutional authority

And whereas alsoe by authoritie of Parliament in the five and twentith yeare of the Raigne of King Edward the third it is declared and enacted that no man should be forejudged of life or limbe against the forme of the Great Charter and the Lawe of the Land, And by the said Great Charter, and other the Lawes and Statutes of this your Realme no man ought to be adjudged to death but by the Lawes established in this your Realme, either by the customes of the same Realme or by Acts of Parliament. And whereas no offendor of what kinde soever is exempted from the pceedings to be used and punishments to be inflicted by the Lawes and Statutes of this your Realme, Neverthelesse of late tyme divers Comissions under your Majesties great Seale have issued forth, by which certaine persons have been assigned and appointed Comissioners with power and authoritie to proceed within the land according to the Justice of Martiall Lawe against such Souldiers or Marriners or other dissolute persons joyning with them as should comitt any murther robbery felony mutiny or other outrage or misdemeanor whatsoever, and by such sumary course and order as is agreeable to Martiall Lawe and as is used in Armies in tyme of warr to proceed to the tryall and condemnacion of such offenders, and them to cause to be executed and putt to death according to the Lawe Martiall.

By pretext whereof some of your Majesties Subjects have been by some of the said Comissioners put to death, when and where, if by the Lawes and Statuts of the land they had deserved death, by the same Lawes and Statuts alsoe they might and by no other ought to have byn judged and executed.

And alsoe sundrie greivous offendors by colour thereof clayming an exempcion have escaped the punishments due to them by the Lawes and Statutes of this your Realme, by reason that divers of your Officers and ministers of Justic have unjustlie refused or forborne to proceed against such Offendors according to the same Lawes and Statutes uppon pretence that the said offendors were punishable onelie by Martiall law and by authoritie of such Comissions as aforesaid. Which Comissions and all other of like nature are wholly and directlie contrary to the said Lawes and Statutes of this your Realme.

VIII. The Petition

Protection from unjustified restraint, Principle of no punishment without law, Emergency provisions, Protection from expropriation, Tax bills

They doe therefore humblie pray your most Excellent Majestie, that no man hereafter be compelled to make or yeild any Guift Loane Benevolence Taxe or such like Charge without comon consent by Acte of Parliament, And that none be called to make aunswere or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusall thereof And that your Majestie would be pleased to remove the said Souldiers and Mariners and that your people may not be soe burthened in tyme to come. And that the aforesaid Comissions for proceeding by Martiall Lawe may be revoked and annulled. And that hereafter no Comissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Lawes and Franchise of the Land.

All which they most humblie pray of your most Excellent Majestie as their Rightes and Liberties according to the Lawes and Statutes of this Realme, And that your Majestie would alsoe vouchsafe to declare that the Awards doings and proceedings to the prejudice of your people in any of the premisses shall not be drawen hereafter into consequence or example. And that your Majestie would be alsoe graciouslie pleased for the further comfort and safetie of your people to declare your Royall will and pleasure, That in the things aforesaid all your Officers and Ministers shall serve you according to the Lawes and Statutes of this Realme as they tender the Honor of your Majestie and the prosperitie of this Kingdome.

Quaquidem Petitione lecta & plenius intellecta per dictum Dominum Regem taliter est responsum in pleno Parliamento videlicet.

R. Soit droit fait come est desire.

Protection from unjustified restraint

Habeas Corpus Act 1679

Motives for writing constitution

An Act for the better secureing the Liberty of the Subject and for Prevention of Imprisonments beyond the Seas.

Preamble

Preamble

Motives for writing constitution

Recital that Delays had been used by Sheriffs in making Returns of Writs of Habeas Corpus, &c.

WHEREAS great Delayes have beene used by Sheriffes Goalers and other Officers to whose Custody any of the Kings Subjects have beene committed for criminall or supposed criminall Matters in makeing Returnes of Writts of Habeas Corpus to them directed by standing out an Alias and Pluries Habeas Corpus and sometimes more and by other shifts to avoid their yeilding Obedience to such Writts contrary to their Duty and the knowne Lawes of the Land whereby many of the Kings Subjects have beene and hereafter may be long detained in Prison in such Cases where by Law they are baylable to their great charge and vexation.

I. Sheriff, &c. within Three Days after Service of Habeas Corpus, with the Exception of Treason and Felony, as and under the Regulations herein mentioned, to bring up the Body before the Court to which the Writ is returnable; and certify the true Causes of Imprisonment. Exceptions in respect of Distance

For the prevention whereof and the more speedy Releife of all persons imprisoned for any such criminall or supposed criminall Matters whensoever any person or persons shall bring any Habeas Corpus directed unto any Sheriffe or Sheriffes Goaler Minister or other Person whatsoever for any person in his or their Custody and the said Writt shall be served upon the said Officer or left at the Goale or Prison with any of the Under Officers Underkeepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputyes shall within Three dayes after the Service thereof as aforesaid (unlesse the Committment aforesaid were for Treason plainely and specially expressed in the Warrant of Committment) upon Payment or Tender of the Charges of bringing the said Prissoner to be ascertained by the Judge or Court that awarded the same and endorsed upon the said Writt not exceeding Twelve penceper Mile and upon Security given by his owne Bond to pay the Charges of carrying backe the Prisoner if he shall bee remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any escape by the way make Returne of such Writt or bring or cause to be brought the Body of the Partie soe committed or restrained unto or before the Judges or Barons of the said Court from whence the said Writt shall issue or unto and before such other person and persons before whome the said Writt is made returnable according to the Command thereof, and shall likewise then certifie the true causes of his Detainer or Imprisonment unlesse the Committment of the said Partie be in any place beyond the distance of Twenty miles from the place or places where such Court or Person is or shall be resideing and if beyond the distance of Twenty miles and not above One hundred miles then within the space of Ten dayes and if beyond the distance of One hundred miles then within the space of Twenty dayes after such delivery aforesaid and not longer.

II. How Writs to be marked. Persons committed, except for Treason and Felony, &c. may appeal to the Lord Chancellor, &c. Proceedings thereon. Habeas Corpus may be awarded; and upon Service thereof the Officer to bring up the Prisoners as before mentioned; and thereupon within Two Days Lord Chancellor, &c. may discharge upon Recognizance; and certify the Writ with the Return and Recognizance. Proviso for Process not bailable

And to the intent that noe Sheriffe Goaler or other Officer may pretend ignorance of the import of any such Writt all such Writts shall be marked in this manner Per Statutum Tricesimo primo Caroli Secundi Regis and shall be signed by the person that awards the same And if any person or persons shall be or stand committed or detained as aforesaid for any Crime unlesse for Treason plainely expressed in the Warrant of Committment in the Vacation time and out of Terme it shall and may be lawfull to and for the person or persons soe committed or detained (other then persons Convict or in Execution) by legall Processe or any one in his or their behalfe to appeale or complaine to any one of His Majestyes Justices either of the one Bench or of the other or the Barons of the Exchequer of the Degree of the Coife and the said Justices or Barons or any of them upon view of the Copy or Copies of the Warrant or Warrants of Committment and Detainer or otherwise upon Oath made that such Copy or Copyes were denyed to be given by such person or persons in whose Custody the Prisoner or Prisoners is or are detained are hereby authorized and required upon Request made in Writeing by such person or persons or any on his her or their behalfe attested and subscribed by two Witnesses that were present at the delivery of the same to award and grant an Habeas Corpus under the Seale of such Court whereof he shall then be one of the Judges to be directed to the Officer or Officers in whose Custodie the Party soe committed or detained shall be returnable immediate before such Justice Baron or any other Justice or Baron of the Degree of the Coife of any of the said Courts and upon Service thereof as aforesaid the Officer or Officers his or their Under-Officer or Under Officers Under Keeper or Under Keepers or their Deputy in whose custodie the Partie is soe committed or detained shall within the times respectively before limitted bring such Prisoner or Prisoners before such Justices Barons or one of them before whome the said Writt is made returnable and in case of his absence before any other of them with the Returne of such Writt and the true Causes of the Committment and Detainer and thereupon within two dayes after the Partie shall be brought before them the said Lord Chauncellor or Lord Keeper or such Justice or Baron before whome the Prisoner shall be brought as aforesaid shall, subject to section 25 of the Criminal Justice and Public Order Act 1994, grant bail in accordance with the Bail Act 1976 to the said prisoner subject to a duty to appear before the Crown Court and then shall certifie the said Writt with the Returne thereof together with the recognizance of any surety for him into the said Court where such Appearance is to be made unlesse it shall appeare unto the said Justice or Justices or Baron or Barons that the Party soe committed is detained upon a legall Processe Order or Warrant out of some Court that hath Jurisdiction of Criminall Matters or by some Warrant signed and sealed with the Hand and Seale of any of the said Justices or Barons or some Justice or Justices of the Peace for such Matters or Offences for the which by the Law the Prisoner is not Baileable.

III. Habeas Corpus not granted in Vacation to Prisoners who have neglected to pray the same

Provided alwayes if any person shall have wilfully neglected by the space of two whole Termes after his Imprisonment to pray a Habeas Corpus for his Enlargement such person soe wilfully neglecting shall not have any Habeas Corpus to be granted in Vacation time in pursuance of this Act.

Protection from false imprisonment

IV. Officer neglecting, &c. to make the said Returnes, &c. or upon Demand to deliver a Copy of Warrant of Commitment; First Offence, Penalty £100. Second Offence, £200 and Incapacity. Judgment at Suit of Party sufficient Conviction

And if any Officer or Officers his or their Under-Officer or Under-Officers Under-Keeper or Under-Keepers or Deputy shall neglect or refuse to make the Returnes aforesaid or to bring the Body or Bodies of the Prisoner or Prisoners according to the Command of the said Writt within the respective times aforesaid or upon Demand made by the Prisoner or Person in his behalfe shall refuse to deliver or within the space of Six houres after demand shall not deliver to the person soe demanding a true Copy of the Warrant or Warrants of Committment and Detayner of such Prisoner, which he and they are hereby required to deliver accordingly all and every the Head Goalers and Keepers of such Prisons and such other person in whose Custodie the Prisoner shall be detained shall for the first Offence forfeite to the Prisoner or Partie grieved the summe of One hundred pounds and for the second Offence the summe of Two hundred pounds and shall and is hereby made incapeable to hold or execute his said Office, the said Penalties to be recovered by the Prisoner or Partie grieved his Executors or Administrators against such Offender his Executors or Administrators by any Action or Information in any of the Kings Courts at Westminster wherein noe Injunction or stay of Prosecution by Non vult ulterius prosequi or otherwise shall bee admitted or allowed, and any Recovery or Judgement at the Suite of any Partie grieved shall be a sufficient Conviction for the first Offence and any after Recovery or Judgement at the Suite of a Partie grieved for any Offence after the first Judgement shall bee a sufficient Conviction to bring the Officers or Person within the said Penaltie for the second Offence.

Protection from false imprisonment

V. Proviso as to Imprisonment of Party after having been set at large upon Habeas Corpus. Unduly recommitting such discharged Persons or assisting therein; Penalty to the Party £500

And for the prevention of unjust vexation by reiterated Committments for the same Offence noe person or persons which shall be delivered or sett at large upon any Habeas Corpus shall at any time hereafter bee againe imprisoned or committed for the same Offence by any person or persons whatsoever other then by the legall Order and Processe of such Court wherein he or they shall be bound to appeare or other Court haveing Jurisdiction of the Cause and if any other person or persons shall knowingly contrary to this Act recommitt or imprison or knowingly procure or cause to be recommitted or imprisoned for the same Offence or pretended Offence any person or persons delivered or sett at large as aforesaid or be knowingly aiding or assisting therein then he or they shall forfeite to the Prisoner or Party grieved the summe of Five hundred pounds Any colourable pretence or variation in the Warrant or Warrants of Committment notwithstanding to be recovered as aforesaid.

VI. [Repealed]

VII. Proviso respecting Persons charged in Debt, &c

Provided alwayes That nothing in this Act shall extend to discharge out of Prison any person charged in Debt or other Action or with Processe in any Civill Cause but that after he shall be discharged of his Imprisonment for such his Criminall Offence he shall be kept in Custodie according to Law for such other Suite.

Protection from false imprisonment

VIII. Persons committed for criminal Matter not to be removed but by Habeas Corpus or other legal Writ. Unduly making out, &c. Warrant for Removal; Penalty

Provided alwaies That if any person or persons Subject of this Realme shall be committed to any Prison or in Custodie of any Officer or Officers whatsoever for any Criminall or supposed Criminall matter That the said person shall not be removed from the said Prison and Custody into the Custody of any other Officer or Officers unlesse it be by Habeas Corpus or some other Legall Writt or where the Prisoner is delivered to the Constable or other inferiour Officer to carry such Prisoner to some Common Goale or where any person is sent by Order of any judge of the Crown Court or Justice of the Peace to any common Worke-house or House of Correction or where the Prisoner is removed from one Prison or place to another within the same County in order to his or her Tryall or Discharge in due course of Law or in case of suddaine Fire or Infection or other necessity and if any person or persons shall after such Committment aforesaid make out and signe or countersigne any Warrant or Warrants for such removeall aforesaid contrary to this Act as well he that makes or signes or countersignes such Warrant or Warrants as the Officer or Officers that obey or execute the same shall suffer and incurr the Paines and Forfeitures in this Actbefore-mentioned both for the first and second Offence respectively to be recovered in manner aforesaid by the Partie grieved.

Protection from false imprisonment

IX. Proviso for Application for and granting Habeas Corpus in Vacation-time. Lord Chancellor, &c. unduly denying Writ; Penalty to Party £500

Provided alsoe That it shall and may be lawfull to and for any Prisoner and Prisoners as aforesaid to move and obtaine his or their Habeas Corpus as well out of the High Court of Chauncery or Court of Exchequer as out of the Courts of Kings Bench or Common Pleas of either of them And if any Judge or Judges Baron or Barons for the time being of the Degree or the Coife of any of the Courts aforesaid in the Vacation time upon view of the Copy or Copies of the Warrant or Warrants of Committment or Detainer or upon Oath made that such Copy or Copyes were denyed as aforesaid shall deny any Writt of Habeas Corpus by this Act required to be granted being moved for as aforesaid they shall severally forfeite to the Prisoner or Partie grieved the summe of Five hundred pounds to be recovered in manner aforesaid.

X. Habeas Corpus may be directed into Counties Palatine, &c

And an Habeas Corpus according to the true intent and meaning of this Act may be directed and runn into any County Palatine The Cinque Ports or other priviledged Places within the Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede and the Islands of Jersey or Guernsey Any Law or Usage to the contrary notwithstanding.

Protection from false imprisonment

XI. No subject to be sent Prisoner into Scotland, &c. or any Parts beyond the Seas. Persons so imprisoned may maintain Action against the Person committing or otherwise acting in respect thereof, as herein mentioned; Treble Costs and Damages; and the Person so committing or acting disabled from Office, and incur Premunire 16 R. 11. c. 5. and be incapable of Pardon

And for preventing illegall Imprisonments in Prisons beyond the Seas noe Subject of this Realme that now is or hereafter shall be an Inhabitant of Resiant of this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede shall or may be sent Prisoner into Scotland Ireland Jersey Gaurnsey Tangeir or into any Parts Garrisons Islands or Places beyond the Seas which are or at any time hereafter shall be within or without the Dominions of His Majestie His Heires or Successors and that every such Imprisonment is hereby enacted and adjudged to be illegall and that if any of the said Subjects now is or hereafter shall bee soe imprisoned every such person and persons soe imprisoned shall and may for every such Imprisonment maintaine by vertue of this Act an Action or Actions of false Imprisonment in any of His Majestyes Courts of Record against the person or persons by whome he or she shall be soe committed detained imprisoned sent Prisoner or transported contrary to the true meaning of this Act and against all or any person or persons that shall frame contrive write seale or countersigne any Warrant or Writeing for such Committment Detainer Imprisonment or Transportation or shall be adviseing aiding or assisting in the same or any of them and the Plaintiffe in every such Action shall have Judgement to recover his Costs besides Damages which Damages soe to be given shall not be lesse then Five hundred pounds In which Action noe delay stay or stopp of Proceeding by Rule Order or Command nor noe Injunction whatsoever shall be allowed excepting such Rule of the Court wherein the Action shall depend made in open Court as shall bee thought in Justice necessary for speciall cause to be expressed in the said Rule and the person or persons who shall knowingly frame contrive write seale or countersigne any Warrant for such Committment Detainer or Transportation or shall soe committ detaine imprison or transport any person or persons contrary to this Act or be any wayes adviseing aiding or assisting therein being lawfully convicted thereof shall be disabled from thenceforth to beare any Office of Trust or Proffitt within the said Realme of England Dominion of Wales or Towne of Berwicke upon Tweede or any of the Islands Territories or Dominions thereunto belonging and be liable to imprisonment for life and be incapeable of any Pardon from the King His Heires or Successors of the said Disabilities or any of them.

XII. [Repealed]

XIII. [Repealed]

XIV. [Repealed]

Extradition procedure

XV. Proviso for sending Persons to be tried in Places where any Capital Offence committed

Provided alsoe That if any person or persons at any time resiant in this Realme shall have committed any Capitall Offence in Scotland or Ireland or any of the Islands or Forreigne Plantations of the King His Heires or Successors where he or she ought to be tryed for such Offence such person or persons may be sent to such place there to receive such Tryall in such manner as the same might have beene used before the makeing of this Act Any thing herein contained to the contrary notwithstanding.

XVI. Limitation of Prosecution for Offences against this Act

Provided alsoe That noe person or persons shall be sued impleaded molested or troubled for any Offence against this Act unless the Partie offending be sued or impleaded for the same within Two yeares at the most after such time wherein the Offence shall be committed in case the partie grieved shall not be then in Prison and if he shall be in Prison then within the space of Two yeares after the decease of the Person imprisoned or his or her delivery out of Prison which shall first happen.

XVII. [Repealed]

XVIII. [Repealed]

XIX. [Repealed]

XX. [Repealed]

[N.B. A variant reading of some parts of the text in this statute was noted in The Statutes of the Realm. See http://www.legislation.gov.uk/aep/Cha2/31/2 for full details.]

Bill of Rights 1689

Preamble

Preamble

Motives for writing constitution

An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne.

Source of constitutional authority, Political theorists/figures

Whereas the Lords Spirituall and Temporall and Comons assembled at Westminster lawfully fully and freely representing all the Estates of the People of this Realme did upon the thirteenth day of February in the yeare of our Lord one thousand six hundred eighty eight present unto their Majesties then called and known by the Names and Stile of William and Mary Prince and Princesse of Orange being present in their proper Persons a certaine Declaration in Writeing made by the said Lords and Comons in the Words following viz

  1.  
    Political theorists/figures, Crimes of the previous regime, Reference to country's history

    Heading 1. The Heads of Declaration of Lords and Commons, recited

    Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome.

    Political theorists/figures, Crimes of the previous regime, Reference to country's history

    Heading 2. Dispensing and Suspending Power

    By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament.

    Crimes of the previous regime, Political theorists/figures, Reference to country's history

    Heading 3. Committing Prelates

    By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed Power.

    Crimes of the previous regime, Political theorists/figures, Reference to country's history

    Heading 4. Ecclesiastical Commission

    By issueing and causeing to be executed a Commission under the Great Seale for Erecting a Court called The Court of Commissioners for Ecclesiasticall Causes.

    Crimes of the previous regime, Political theorists/figures, Reference to country's history

    Heading 5. Levying Money

    By Levying Money for and to the Use of the Crowne by pretence of Prerogative for other time and in other manner then the same was granted by Parlyament.

    Political theorists/figures, Reference to country's history, Crimes of the previous regime

    Heading 6. Standing Army

    By raising and keeping a Standing Army within this Kingdome in time of Peace without Consent of Parlyament and Quartering Soldiers contrary to Law.

    Reference to country's history, Crimes of the previous regime, Political theorists/figures

    Heading 7. Disarming Protestants, &c

    By causing severall good Subjects being Protestants to be disarmed at the same time when Papists were both Armed and Imployed contrary to Law.

    Reference to country's history, Political theorists/figures, Crimes of the previous regime

    Heading 8. Violating Elections

    By Violating the Freedome of Election of Members to serve in Parlyament.

    Crimes of the previous regime, Reference to country's history, Political theorists/figures

    Heading 9. Illegal Prosecutions

    By Prosecutions in the Court of Kings Bench for Matters and Causes cognizable onely in Parlyament and by diverse other Arbitrary and Illegall Courses.

    Reference to country's history, Crimes of the previous regime

    Heading 10. Juries

    And whereas of late yeares Partiall Corrupt and Unqualifyed Persons have beene returned and served on Juryes in Tryalls and particularly diverse Jurors in Tryalls for High Treason which were not Freeholders,

    Crimes of the previous regime, Reference to country's history

    Heading 11. Excessive Bail

    And excessive Baile hath beene required of Persons committed in Criminall Cases to elude the Benefitt of the Lawes made for the Liberty of the Subjects.

    Reference to country's history, Crimes of the previous regime

    Heading 12. Fines

    And excessive Fines have beene imposed.

    Crimes of the previous regime, Reference to country's history

    Heading 13. Punishments

    And illegall and cruell Punishments inflicted.

    Reference to country's history, Crimes of the previous regime

    Heading 14. Grants of Fines, &c. before Conviction, &c

    And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed. All which are utterly directly contrary to the knowne Lawes and Statutes and Freedome of this Realme.

    God or other deities, Reference to country's history, Political theorists/figures

    Heading 15. Recital that the late King James II. had abdicated the Government, and that the Throne was vacant, and that the Prince of Orange had written Letters to the Lords and Commons for the choosing Representatives in Parliament

    And whereas the said late King James the Second haveing Abdicated the Government and the Throne being thereby Vacant His Hignesse the Prince of Orange (whome it hath pleased Almighty God to make the glorious Instrument of Delivering this Kingdome from Popery and Arbitrary Power) did (by the Advice of the Lords Spirituall and Temporall and diverse principall Persons of the Commons) cause Letters to be written to the Lords Spirituall and Temporall being Protestants and other Letters to the severall Countyes Cityes Universities Burroughs and Cinque Ports for the Choosing of such Persons to represent them as were of right to be sent to Parlyament to meete and sitt at Westminster upon the two and twentyeth day of January in this Yeare one thousand six hundred eighty and eight in order to such an Establishment as that their Religion Lawes and Liberties might not againe be in danger of being Subverted, Upon which Letters Elections haveing beene accordingly made.

    Source of constitutional authority

    Heading 16. The Subject’s Rights

    And thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this Nation takeing into their most serious Consideration the best meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the Vindicating and Asserting their auntient Rights and Liberties, Declare

    Head of state powers, Initiation of general legislation, Head of state decree power

    Heading 17. Dispensing Power

    That the pretended Power of Suspending of Laws or the Execution of Laws by Regall Authority without Consent of Parlyament is illegall.

    Initiation of general legislation, Head of state powers, Reference to country's history, Head of state decree power

    Heading 18. Late dispensing Power

    That the pretended Power of Dispensing with Laws or the Execution of Laws by Regall Authoritie as it hath beene assumed and exercised of late is illegall.

    Heading 19. Ecclesiastical Courts illegal

    That the Commission for erecting the late Court of Commissioners for Ecclesiasticall Causes and all other Commissions and Courts of like nature are Illegall and Pernicious.

    Tax bills, Head of state decree power, Initiation of general legislation, Head of state powers

    Heading 20. Levying Money

    That levying Money for or to the Use of the Crowne by pretence of Prerogative without Grant of Parlyament for longer time or in other manner then the same is or shall be granted is Illegall.

    Right of petition

    Heading 21. Right to petition

    That it is the Right of the Subjects to petition the King and all Commitments and Prosecutions for such Petitioning are Illegall.

    Restrictions on the armed forces

    Heading 22. Standing Army

    That the raising or keeping a standing Army within the Kingdome in time of Peace unlesse it be with Consent of Parlyament is against Law.

    Right to bear arms

    Heading 23. Subjects’ Arms

    That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.

    Heading 24. Freedom of Election

    That Election of Members of Parlyament ought to be free.

    Immunity of legislators

    Heading 25. Freedom of Speech

    That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.

    Prohibition of cruel treatment

    Heading 26. Excessive Bail

    That excessive Baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted.

    Heading 27. Juries

    That Jurors ought to be duely impannelled and returned.

    Heading 28. Grants of Forfeitures

    That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegall and void.

    Heading 29. Frequent Parliaments

    And that for Redresse of all Grievances and for the amending strengthening and preserveing of the Lawes Parlyaments ought to be held frequently.

    Political theorists/figures, Head of state term length, Head of state selection, Head of state replacement

    Heading 30. The said Rights claimed. Tender of the Crown. Regal Power exercised. Limitation of the Crown

    And they doe Claime Demand and Insist upon all and singular the Premises as their undoubted Rights and Liberties and that noe Declarations Judgements Doeings or Proceedings to the Prejudice of the People in any of the said Premisses ought in any wise to be drawne hereafter into Consequence or Example. To which Demand of their Rights they are particularly encouraged by the Declaration of this Highnesse the Prince of Orange as being the onely meanes for obtaining a full Redresse and Remedy therein. Haveing therefore an intire Confidence That his said Highnesse the Prince of Orange will perfect the Deliverance soe farr advanced by him and will still preserve them from the Violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties. The said Lords Spirituall and Temporall and Commons assembled at Westminster doe Resolve That William and Mary Prince and Princesse of Orange be and be declared King and Queene of England France and Ireland and the Dominions thereunto belonging to hold the Crowne and Royall Dignity of the said Kingdomes and Dominions to them the said Prince and Princesse dureing their Lives and the Life of the Survivour of them And that the sole and full Exercise of the Regall Power be onely in and executed by the said Prince of Orange in the Names of the said Prince and Princesse dureing their joynt Lives And after their Deceases the said Crowne and Royall Dignitie of the said Kingdoms and Dominions to be to the Heires of the Body of the said Princesse And for default of such Issue to the Princesse Anne of Denmarke and the Heires of her Body And for default of such Issue to the Heires of the Body of the said Prince of Orange. And the Lords Spirituall and Temporall and Commons doe pray the said Prince and Princesse to accept the same accordingly.

    Oaths to abide by constitution

    Heading 31. New Oaths of Allegiance, &c

    And that the Oathes hereafter mentioned be taken by all Persons of whome the Oathes of Allegiance and Supremacy might be required by Law instead of them And that the said Oathes of Allegiance and Supremacy be abrogated.

    God or other deities, Oaths to abide by constitution

    Heading 32. Allegiance

    I A B doe sincerely promise and sweare That I will be faithfull and beare true Allegiance to their Majestyes King William and Queene Mary Soe helpe me God.

    Oaths to abide by constitution, God or other deities

    Heading 33. Supremacy

    I A B doe sweare That I doe from my Heart Abhorr, Detest and Abjure as Impious and Hereticall this damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be deposed or murdered by their Subjects or any other whatsoever. And I doe declare That noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme Soe helpe me God.

    Head of state selection, Eligibility for head of state, Structure of legislative chamber(s), God or other deities, Approval or veto of general legislation, Official religion, Political theorists/figures, Head of state replacement, Oaths to abide by constitution, Minimum age of head of state

    Heading 34. Acceptance of the Crown. The Two Houses to sit. Subjects’ Liberties to be allowed, and Ministers hereafter to serve according to the same. William and Mary declared King and Queen. Limitation of the Crown. Papists debarred the Crown. Every King, &c. shall make the Declaration of 30 Car. II. If under 12 Years old, to be done after Attainment thereof. King’s and Queen’s Assent

    Upon which their said Majestyes did accept the Crowne and Royall Dignitie of the Kingdoms of England France and Ireland and the Dominions thereunto belonging according to the Resolution and Desire of the said Lords and Commons contained in the said Declaration. And thereupon their Majestyes were pleased That the said Lords Spirituall and Temporall and Commons being the two Houses of Parlyament should continue to sitt and with their Majesties Royall Concurrence make effectuall Provision for the Setlement of the Religion Lawes and Liberties of this Kingdome soe that the same for the future might not be in danger againe of being subverted, To which the said Lords Spirituall and Temporall and Commons did agree and proceede to act accordingly. Now in pursuance of the Premisses the said Lords Spirituall and Temporall and Commons in Parlyament assembled for the ratifying confirming and establishing the said Declaration and the Articles Clauses Matters and Things therein contained by the Force of a Law made in due Forme by Authority of Parlyament doe pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration And all Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in all times to come. And the said Lords Spirituall and Temporall and Commons seriously considering how it hath pleased Almighty God in his marvellous Providence and mercifull Goodness to this Nation to provide and preserve their said Majestyes Royall Persons most happily to Raigne over us upon the Throne of their Auncestors for which they render unto him from the bottome of their Hearts their humblest Thanks and Praises doe truely firmely assuredly and in the Sincerity of their Hearts thinke and doe hereby recognize acknowledge and declare That King James the Second haveing abdicated the Government and their Majestyes haveing accepted the Crowne and Royall Dignity as aforesaid Their said Majestyes did become were are and of right ought to be by the Lawes of this Realme our Soveraigne Liege Lord and Lady King and Queene of England France and Ireland and the Dominions thereunto belonging in and to whose Princely Persons the Royall State Crowne and Dignity of the said Realmes with all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining are most fully rightfully and intirely invested and incorporated united and annexed And for preventing all Questions and Divisions in this Realme by reason of any pretended Titles to the Crowne and for preserveing a Certainty in the Succession thereof in and upon which the Unity Peace Tranquillity and Safety of this Nation doth under God wholly consist and depend The said Lords Spirituall and Temporall and Commons doe beseech their Majestyes That it may be enacted established and declared That the Crowne and Regall Government of the said Kingdoms and Dominions with all and singular the Premisses thereunto belonging and appertaining shall bee and continue to their said Majestyes and the Survivour of them dureing their Lives and the Life of the Survivour of them And that the entire perfect and full Exercise of the Regall Power and Government be onely in and executed by his Majestie in the Names of both their Majestyes dureing their joynt Lives And after their deceases the said Crowne and Premisses shall be and remaine to the Heires of the Body of her Majestie and for default of such Issue to her Royall Highnesse the Princess Anne of Denmarke and the Heires of her Body and for default of such Issue to the Heires of the Body of his said Majestie And thereunto the said Lords Spirituall and Temporall and Commons doe in the Name of all the People aforesaid most humbly and faithfully submitt themselves their Heires and Posterities for ever and doe faithfully promise That they will stand to maintaine and defend their said Majesties and alsoe the Limitation and Succession of the Crowne herein specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary. And whereas it hath beene found by Experience that it is inconsistent with the Safety and Welfaire of this Protestant Kingdome to be governed by a Popish Prince the said Lords Spirituall and Temporall and Commons doe further pray that it may be enacted That all and every person and persons that is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall professe the Popish Religion shall be excluded and be for ever uncapeable to inherit possesse or enjoy the Crowne and Government of this Realme and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any Regall Power Authoritie or Jurisdiction within the same And in all and every such Case or Cases the People of these Realmes shall be and are hereby absolved of their Allegiance And the said Crowne and Government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons soe reconciled holding Communion or Professing as aforesaid were naturally dead And that every King and Queene of this Realme who at any time hereafter shall come to and succeede in the Imperiall Crowne of this Kingdome shall on the first day of the meeting of the first Parlyament next after his or her comeing to the Crowne sitting in his or her Throne in the House of Peeres in the presence of the Lords and Commons therein assembled or at his or her Coronation before such person or persons who shall administer the Coronation Oath to him or her at the time of his or her takeing the said Oath (which shall first happen) make subscribe and audibly repeate the Declaration mentioned in the Statute made in the thirtyeth yeare of the Raigne of King Charles the Second Entituled An Act for the more effectuall Preserveing the Kings Person and Government by disableing Papists from sitting in either House of Parlyament But if it shall happen that such King or Queene upon his or her Succession to the Crowne of this Realme shall be under the Age of twelve yeares then every such King or Queene shall make subscribe and audibly repeate the said Declaration at his or her Coronation or the first day of the meeting of the first Parlyament as aforesaid which shall first happen after such King or Queene shall have attained the said Age of twelve yeares. All which Their Majestyes are contented and pleased shall be declared enacted and established by authoritie of this present Parliament and shall stand remaine and be the Law of this Realme for ever And the same are by their said Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Commons in Parlyament assembled and by the authoritie of the same declared enacted and established accordingly

II. Non obstantes made void

Noe Dispensation by Non obstante of or to any Statute or any part thereof shall be allowed but the same shall be held void and of noe effect Except a Dispensation be allowed of in such Statute

III. [Repealed]

Act of Settlement 1701

Motives for writing constitution, Preamble

Preamble

An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject

God or other deities, Head of state removal, Source of constitutional authority, Political theorists/figures, Head of state selection, Eligibility for head of state, Head of state replacement, Official religion

I. Recital of Stat. 1 W. & M. Sess. 2. c. 2. §2. and that the late Queen and Duke of Gloucester are dead; and that His Majesty had recommended from the Throne a further Provision for the Succession of the Crown in the Protestant Line. The Princess Sophia, Electress and Duchess Dowager of Hanover, Daughter of the late Queen of Bohemia, Daughter of King James the First, to inherit after the King and the Princess Anne, in Default of Issue of the said Princess and His Majesty, respectively and the Heirs of her Body, being Protestants

Whereasin the First Year of the Reign of Your Majesty and of our late most gracious Sovereign Lady Queen Mary (of blessed Memory) An Act of Parliament was made intituled [An Act for declaring the Rights and Liberties of the Subject and for setling the Succession of the Crown] wherein it was (amongst other things) enacted established and declared That the Crown and Regall Government of the Kingdoms of England France and Ireland and the Dominions thereunto belonging should be and continue to Your Majestie and the said late Queen during the joynt Lives of Your Majesty and the said Queen and to the Survivor And that after the Decease of Your Majesty and of the said Queen the said Crown and Regall Government should be and remain to the Heirs of the Body of the said late Queen And for Default of such Issue to Her Royall Highness the Princess Ann of Denmark and the Heirs of Her Body And for Default of such Issue to the Heirs of the Body of Your Majesty And it was thereby further enacted That all and every Person and Persons that then were or afterwards should be reconciled to or shall hold Communion with the See or Church of Rome or should professe the Popish Religion or marry a Papist should be excluded and are by that Act made for ever incapable to inherit possess or enjoy the Crown and Government of this Realm and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any regall Power Authority or Jurisdiction within the same And in all and every such Case and Cases the People of these Realms shall be and are thereby absolved of their Allegiance And that the said Crown and Government shall from time to time descend to and be enjoyed by such Person or Persons being Protestants as should have inherited and enjoyed the same in case the said Person or Persons so reconciled holding Communion professing or marrying as aforesaid were naturally dead After the making of which Statute and the Settlement therein contained Your Majesties good Subjects who were restored to the full and free Possession and Enjoyment of their Religion Rights and Liberties by the Providence of God giving Success to Your Majesties just Undertakings and unwearied Endeavours for that Purpose had no greater temporall Felicity to hope or wish for then to see a Royall Progeny descending from Your Majesty to whom (under God) they owe their Tranquility and whose Ancestors have for many Years been principall Assertors of the reformed Religion and the Liberties of Europe and from our said most gracious Sovereign Lady whose Memory will always be precious to the Subjects of these Realms And it having since pleased Almighty God to take away our said Sovereign Lady and also the most hopefull Prince William Duke of Gloucester (the only surviving Issue of Her Royall Highness the Princess Ann of Denmark) to the unspeakable Grief and Sorrow of Your Majesty and Your said good Subjects who under such Losses being sensibly put in mind that it standeth wholly in the Pleasure of Almighty God to prolong the Lives of Your Majesty and of Her Royall Highness and to grant to Your Majesty or to Her Royall Highness such Issue as may be inheritable to the Crown and Regall Government aforesaid by the respective Limitations in the said recited Act contained doe constantly implore the Divine Mercy for those Blessings And Your Majesties said Subjects having Daily Experience of Your Royall Care and Concern for the present and future Wellfare of these Kingdoms and particularly recommending from Your Throne a further Provision to be made for the Succession of the Crown in the Protestant Line for the Happiness of the Nation and the Security of our Religion And it being absolutely necessary for the Safety Peace and Quiet of this Realm to obviate all Doubts and Contentions in the same by reason of any pretended Titles to the Crown and to maintain a Certainty in the Succession thereof to which Your Subjects may safely have Recourse for their Protection in case the Limitations in the said recited Act should determine Therefore for a further Provision of the Succession of the Crown in the Protestant Line We Your Majesties most dutifull and Loyall Subjects the Lords Spirituall and Temporall and Commons in this present Parliament assembled do beseech Your Majesty that it may be enacted and declared and be it enacted and declared by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Comons in this present Parliament assembled and by the Authority of the same That the most Excellent Princess Sophia Electress and Dutchess Dowager of Hannover Daughter of the most Excellent Princess Elizabeth late Queen of Bohemia Daughter of our late Sovereign Lord King James the First of happy Memory be and is hereby declared to be the next in Succession in the Protestant Line to the Imperiall Crown and Dignity of the said Realms of England France and Ireland with the Dominions and Territories thereunto belonging after His Majesty and the Princess Ann of Denmark and in Default of Issue of the said Princess Ann and of His Majesty respectively and that from and after the Deceases of His said Majesty our now Sovereign Lord and of Her Royall Highness the Princess Ann of Denmark and for Default of Issue of the said Princess Ann and of His Majesty respectively the Crown and Regall Government of the said Kingdoms of England France and Ireland and of the Dominions thereunto belonging with the Royall State and Dignity of the said Realms and all Honours Stiles Titles Regalities Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining shall be remain and continue to the said most Excellent Princess Sophia and the Heirs of Her Body being Protestants And thereunto the said Lords Spirituall and Temporall and Commons shall and will in the Name of all the People of this Realm most humbly and faithfully submitt themselves their Heirs and Posterities and do faithfully promise That after the Deceases of His Majesty and Her Royall Highness and the failure of the Heirs of their respective Bodies to stand to maintain and defend the said Princess Sophia and the Heirs of Her Body being Protestants according to the Limitation and Succession of the Crown in this Act specified and contained to the utmost of their Powers with their Lives and Estates against all Persons whatsoever that shall attempt any thing to the contrary.

Oaths to abide by constitution, Head of state removal

II. The Persons inheritable by this Act, holding Communion with the Church of Rome, incapacitated as by the former Act; to take the Oath at their Coronation, according to Stat. 1 W. & M. c. 6

Provided always and it is hereby enacted That all and every Person and Persons who shall or may take or inherit the said Crown by vertue of the Limitation of this present Act and is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall profess the Popish Religion or shall marry a Papist shall be subject to such Incapacities as in such Case or Cases are by the said recited Act provided enacted and established And that every King and Queen of this Realm who shall come to and succeed in the Imperiall Crown of this Kingdom by vertue of this Act shall have the Coronation Oath administred to him her or them at their respective Coronations according to the Act of Parliament made in the First Year of the Reign of His Majesty and the said late Queen Mary intituled An Act for establishing the Coronation Oath and shall make subscribe and repeat the Declaration in the Act first above recited mentioned or referred to in the Manner and Form thereby prescribed

III. Further Provisions for securing the Religion, Laws, and Liberties of these Realms

Motives for writing constitution, Source of constitutional authority, Official religion, Eligibility for head of state

And whereas it is requisite and necessary that some further Provision be made for securing our Religion Laws and Liberties from and after the Death of His Majesty and the Princess Ann of Denmark and in default of Issue of the Body of the said Princess and of His Majesty respectively Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in Parliament assembled and by the Authority of the same

Eligibility for head of state, Official religion

That whosoever shall hereafter come to the Possession of this Crown shall joyn in Communion with the Church of England as by Law established

Colonies

That in case the Crown and Imperiall Dignity of this Realm shall hereafter come to any Person not being a Native of this Kingdom of England this Nation be not obliged to ingage in any Warr for the Defence of any Dominions or Territories which do not belong to the Crown of England without the Consent of Parliament.

Eligibility for second chamber, Restrictions on the armed forces, Eligibility for first chamber

That after the said Limitation shall take Effect as aforesaid no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging (although he be made a Denizen) (except such as are born of English Parents) shall be capable to be of the Privy Councill or a Member of either House of Parliament or to enjoy any Office or Place of Trust either Civill or Military or to have any Grant of Lands Tenements or Hereditaments from the Crown to himself or to any other or others in Trust for him [This paragraph has been repealed so far as it relates to British subjects and citizens of Eire]

Power to pardon

That no Pardon under the Great Seal of England be pleadable to an Impeachment by the Commons in Parliament.

IV. The Laws and Statutes of the Realm confirmed

And whereas the Laws of England are the Birthright of the People thereof and all the Kings and Queens who shall ascend the Throne of this Realm ought to administer the Government of the same according to the said Laws and all their Officers and Ministers ought to serve them respectively according to the same The said Lords Spirituall and Temporall and Commons do therefore further humbly pray That all the Laws and Statutes of this Realm for securing the established Religion and the Rights and Liberties of the People thereof and all other Laws and Statutes of the same now in Force may be ratified and confirmed And the same are by His Majesty by and with the Advice and Consent of the said Lords Spirituall and Temporall and Commons and by Authority of the same ratified and confirmed accordingly.

Union with Scotland Act 1706

Motives for writing constitution

An Act for an Union of the Two Kingdoms of England and Scotland

Most gracious Sovereign

Motives for writing constitution, Preamble, Source of constitutional authority

Preamble. Recital of Articles of Union, dated 22d July, 5 Ann.; and of an Act of Parliament passed in Scotland, 16th January, 5 Ann

Whereas Articles of Union were agreed on the Twenty Second day of July in the Fifth year of Your Majesties reign by the Commissioners nominated on behalf of the Kingdom of England under Your Majesties Great Seal of England bearing date at Westminster the Tenth day of April then last past in pursuance of an Act of Parliament made in England in the Third year of Your Majesties reign and the Commissioners nominated on the behalf of the Kingdom of Scotland under Your Majesties Great Seal of Scotland bearing date the Twenty Seventh day of February in the Fourth year of Your Majesties Reign in pursuance of the Fourth Act of the Third Session of the present Parliament of Scotland to treat of and concerning an Union of the said Kingdoms

Official religion

And Whereas an Act hath passed in the Parliament of Scotland at Edinburgh the Sixteenth day of January in the Fifth year of Your Majesties reign wherein ’tis mentioned that the Estates of Parliament considering the said Articles of Union of the two Kingdoms had agreed to and approved of the said Articles of Union with some Additions and Explanations And that Your Majesty with Advice and Consent of the Estates of Parliament for establishing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland had passed in the same Session of Parliament an Act intituled Act for securing of the Protestant Religion and Presbyterian Church Government which by the Tenor thereof was appointed to be inserted in any Act ratifying the Treaty and expressly declared to be a fundamental and essential Condition of the said Treaty or Union in all times coming the Tenor of which Articles as ratified and approved of with Additions and Explanations by the said Act of Parliament of Scotland follows

National flag

Article I. The Kingdoms United; Ensigns Armorial

That the two Kingdoms of England and Scotland shall upon the First day of May which shall be in the year One thousand seven hundred and seven and for ever after be united into one Kingdom by the name of Great Britain And that the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall appoint and the Crosses of St. George and St. Andrew be conjoyned in such manner as Her Majesty shall think fit and used in all Flags Banners Standards and Ensigns both at Sea and Land.

Eligibility for head of state, Head of state replacement, Head of state selection

Article II. Succession to the Monarchy

That the Succession to the Monarchy of the United Kingdom of Great Britain and of the Dominions thereto belonging after Her most Sacred Majesty and in default of Issue of Her Majesty be remain and continue to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs of her body being Protestants upon whom the Crown of England is settled by an Act of Parliament made in England in the Twelfth year of the reign of His late Majesty King William the Third intituled an Act for the further Limitation of the Crown and better securing the rights and Liberites of the Subject And that all Papists and persons marrying Papists shall be excluded from and for ever incapable to inherit possess or enjoy the Imperial Crown of Great Britain and the Dominions thereunto belonging or any part thereof and in every such Case the Crown and Government shall from time to time descend to and be enjoyed by such person being a Protestant as should have inherited and enjoyed the same in case such Papist or person marrying a Papist was naturally dead according to the Provision for the descent of the Crown of England made by another Act of Parliament in England in the first year of the reign of Their late Majesties King William and Queen Mary intituled an Act declaring the Rights and Liberites of the Subject and settling the Succession of the Crown.

Structure of legislative chamber(s)

Article III. Parliament

That the United Kingdom of Great Britain be represented by one and the same Parliament to be stiled The Parliament of Great Britain.

Article IIII. Trade and Navigation and other Rights

That all the Subjects of the United Kingdom of Great Britain shall from and after the Union have full freedom and Intercourse of Trade and Navigation to and from any port or place within the said United Kingdom and the Dominions and Plantations thereunto belonging And that there be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom except where it is otherwise expressly agreed in these Articles.

Article V

[Repealed]

Article VI. Regulations of Trade, Duties, &c

That all parts of the United Kingdom for ever from and after the Union shall have the same Allowances Encouragements and Drawbacks and be under the same prohibitions restrictions and regulations of Trade and liable to the same Customs and Duties on Import and Export And that the Allowances Encouragements and Drawbacks prohibitions restrictions and regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United Kingdom

Article VII. Excise

That all parts of the United Kingdom be for ever from and after the Union liable to the same Excise upon all exciseable Liquors

Article VIII-XV

[Repealed]

Article XVI. Coin

That from and after the Union the Coin shall be of the same Standard and value throughout the United Kingdom as now in England

Article XVII

[Repealed]

Subsidiary unit government, National vs subnational laws

Article XVIII. Laws concerning public rights. Private rights

That the Laws concerning regulation of Trade Customs and such Excises to which Scotland is by virtue of this Treaty to be liable be the same in Scotland from and after the Union as in England and that all other Laws in use within the Kingdom of Scotland do after the Union and notwithstanding thereof remain in the same force as before (except such as are contrary to or inconsistent with this Treaty) but alterable by the Parliament of Great Britain with this difference betwixt the Laws concerning publick right Policy and Civil Government and those which concern private right that the Laws which concern publick right Policy and Civil Government may be made the same throughout the whole United Kingdom But that no alteration be made in Laws which concern private right Except for evident Utility of the Subjects within Scotland

Eligibility for ordinary court judges, Subsidiary unit government, Structure of the courts

Article XIX. Court of Session. Writers to the Signet admitted Lords of Session. Court of Justiciary. Other Courts. Causes in Scotland not cognizable in Courts in Westminster Hall

That the Court of Session or Colledge of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland as it is now constituted by the Laws of that Kingdom and with the same authority and privileges as before the Union Subject nevertheless to such regulations for the better Administration of Justice as shall be made by the Parliament of Great Britain and that hereafter none shall be named by Her Majesty or Her Royal Successors to be ordinary Lords of Session but such who have served in the Colledge of Justice as Advocates or Principal Clerks of Session for the Space of Five years or as Writers to the Signet for the Space of ten years with this provision that noWriter to the Signet be capable to be admitted a Lord of the Session unless he undergo a private and publick Tryal on the Civil Law before the Faculty of Advocates and be found by them qualified for the said Office two years before he be named to be a Lord of the Session yet so as the Qualifications made or to be made for capacitating persons to be named ordinary Lords of Session may be altered by the Parliament of Great Britain And that the Court of Justiciary do also after the Union and notwithstanding thereof remain in all time coming within Scotland as it is now constituted by the Laws of that Kingdom and with the same authority and privileges as before the Union Subject nevertheless to such regulations as shall be made by the Parliament of Great Britain and without prejudice of other rights of Justiciary And that the heretable rights of Admiralty and Vice Admiralties in Scotland be reserved to the respective proprietors as rights of property Subject nevertheless as to the manner of exercising such heretable rights to such regulations and alterations as shall be thought proper to be made by the Parliament of Great Britain And that all other Courts now in being within the Kingdom of Scotland do remain but Subject to alterations by the Parliament of Great Britain And that all inferior Courts within the said limits do remain Subordinate as they are now to the supreme Courts of Justice within the same in all time coming And that no Causes in Scotland be cognoscible by the Courts of Chancery Queen’s Bench Common Pleas or any other Court in Westminster Hall and that the said Courts or any other of the like nature after the Union shall have no Power to cognosce review or alter the Acts or Sentences of the Judicatures within Scotland or stop the Execution of the same

Article XX. Heritable Offices, &c

That all Heretable Offices Superiorities Heretable Jurisdictions Offices for Life and Jurisdictions for Life be reserved to the owners thereof as Rights of Property in the same manner as they are now enjoyed by the Laws of Scotland notwithstanding this Treaty.

Article XXI. Royal Burghs

That the Rights and Privileges of the Royal Burghs in Scotland as they now are do remain entire after the Union and notwithstanding thereof.

Article XXII

[Repealed]

Article XXIII. Privileges of the Sixteen Peers of Scotland

That all Peers of Scotland and their Successors to their Honours and Dignities shall from and after the Union be Peers of Great Britain and have rank and precedency next and immediately after the Peers of the like Orders and Degrees in England at the time of the Union and before all Peers of Great Britain of the like Orders and Degrees who may be created after the Union and shall enjoy all privileges of Peers as fully as the Peers of England do now or as they or any other Peers of Great Britain may hereafter enjoy the same

Article XXIV. Heraldry; Great Seal; Seal kept in Scotland; Privy Seal, &c. in Scotland; Regalia

That from and after the Union there be one Great Seal for the United Kingdom of Great Britain which shall be different from the Great Seal now used in either Kingdom and that the Quartering the Arms and the rank and precedency of the Lyon King of Arms of the Kingdom of Scotland as may best suit the Union be left to Her Majesty And that in the mean time the Great Seal of England be used as the Great Seal of the United Kingdom and that the Great Seal of the United Kingdom be used for sealing Writts to elect and summon the Parliament of Great Britain and for sealing all Treaties with foreign Princes and States and all Publick Acts Instruments and Orders of State which concern the whole United Kingdom and in all other matters relating to England as the Great Seal of England is now used And that a Seal in Scotland after the Union be always kept and made use of in all things relating to private rights or Grants which have usually passed the Great Seal of Scotland and which only concern Offices Grants Commissions and private rights within that Kingdom and that until such Seal shall be appointed by Her Majesty the present Great Seal of Scotland shall be used for such purposes And that the Privy Seal Signet Casset Signet of the Justiciary Court Quarter Seal and Seals of Courts now used in Scotland be continued But that the said Seals be altered and adapted to the State of the Union as Her Majesty shall think fit And the said Seals and all of them and the Keepers of them shall be subject to such regulations as the Parliament of Great Britain shall hereafter make And that the Crown Scepter and Sword of State the Records of Parliament and all other Records Rolls and Registers whatsoever both publick and private general and particular and Warrants thereof continue to be kept as they are within that part of the United Kingdom now called Scotland and that they shall so remain in all time coming notwithstanding the Union

Article XXV

Constitutionality of legislation

I. Laws inconsistent with the Articles, void

That all Laws and Statutes in either Kingdom so far as they are contrary to or inconsistent with the Terms of these Articles or any of them shall from and after the Union cease and become void and shall be so declared to be by the respective Parliaments of the said Kingdoms. As by the said Articles of Union ratified and approved by the said Act of Parliament of Scotland relation thereunto being had may appear

II. Acts of Scotland herein mentioned, confirmed; Universities and colleges of Saint Andrew, Glasgow, Aberdeen and Edinburgh, to continue; Subjects not liable to Oath, Test, or Subscription, inconsistant with the Presbyterian Church Government; Successor to swear to maintain the said Settlement of Religion; This Act to be held a fundamental Condition of Union, and to be inserted in any Act of Parliament for concluding the said Union; This Ratification of the said Articles not binding until they are ratified by Parliament of England, &c.; Laws contrary to Articles void.

And the Tenor of the aforesaid Act for securing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland is as follows.

Official religion, Unamendable provisions

Our Sovereign Lady and the Estates of Parliament considering that by the late Act of Parliament for a Treaty with England for an Union of both Kingdoms It is provided that the Commissioners for that Treaty should not treat of or concerning any Alteration of the Worship Discipline and Government of the Church of this Kingdom as now by Law established which Treaty being now reported to the Parliament and it being reasonable and necessary that the true Protestant Religion as presently professed within this Kingdom with the Worship Discipline and Government of this Church should be effectually and unalterably secured Therefore Her Majesty with Advice and Consent of the said Estates of Parliament doth hereby establish and confirm the said true Protestant Religion and the Worship Discipline and Government of this Church to continue without any Alteration to the People of this Land in all succeeding Generations And more especially Her Majesty with Advice and Consent aforesaid ratifies approves and for ever confirms the Fifth Act of the first Parliament of King William and Queen Mary intituled Act ratifying the Confession of Faith and settling Presbyterian Church Government with all other Acts of Parliament relating thereto in Prosecution of the Declaration of the Estates of this Kingdom, containing the Claim of Right bearing date the Eleventh of April One thousand six hundred and eighty nine And Her Majesty with Advice and Consent aforesaid expressly provides and declares that the foresaid true Protestant Religion contained in the above mentioned Confession of Faith with the Form and Purity of Worship presently in use within this Church and its Presbyterian Church Government and Discipline (that is to say) the Government of the Church by Kirk Sessions Presbyteries Provincial Synods and General Assemblies all established by the foresaid Acts of Parliament pursuant to the Claim of Right shall remain and continue unalterable And that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland

And further for the Greater Security of the foresaid Protestant Religion and of the Worship Discipline and Government of this Church as above established Her Majesty with Advice and Consent foresaid statutes and ordains that the Universities and Colledges of Saint Andrew’s Glasgow Aberdeen and Edinburgh as now established by Law shall continue within this Kingdom for ever

Official religion, Oaths to abide by constitution

And further Her Majesty with Advice aforesaid expressly declares and statutes that none of the Subjects of this Kingdom shall be liable to but all and every one of them for ever free of any Oath Test or Subscription within this Kingdom contrary to or inconsistent with the foresaid true Protestant Religion and Presbyterian Church Government Worship and Discipline as above established and that the same within the Bounds of this Church and Kingdom shall never be imposed upon or required of them in any sort And lastly that after the decease of Her present Majesty (whom God long preserve) the Soveraign succeeding to Her in the Royal Government of the Kingdom of Great Britain shall in all time coming at His or Her Accession to the Crown swear and subscribe that they shall inviolably maintain and preserve the foresaid Settlement of the true Protestant Religion with the Government Worship Discipline right and Privileges of this Church as above established by the Laws of this Kingdom in Prosecution of the Claim of Right

Unamendable provisions, Official religion

And it is hereby statute and ordained that this Act of Parliament with the Establishment therein contained shall be held and observed in all time coming as a Fundamental and Essential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms without any Alteration thereof or Derogation thereto in any sort for ever As also that this Act of Parliament and Settlement therein contained shall be insert and repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid Treaty or Union betwixt the two Kingdoms and that the same shall be therein expressly declared to be a Fundamental and Essential Condition of the said Treaty or Union in all time coming which Articles of Union and Act immediately above written Her Majesty with Advice and Consent aforesaid statutes enacts and ordains to be and continue in all time coming the Sure and perpetual Foundation of a compleat and entire Union of the two Kingdoms of Scotland and England under the express Condition and provision that this approbation and ratification of the foresaid Articles and Act shall be no ways binding on this Kingdom until the said Articles and Act be ratified approved and confirmed by Her Majesty with and by the Authority of the Parliament of England as they are now agreed to approved and confirmed by Her Majesty with and by the Authority of the Parliament of Scotland declaring nevertheless that the Parliament of England may provide for the Security of the Church of England as they think expedient to take place within the Bounds of the said Kingdom of England and not derogating from the Security above provided for establishing of the Church of Scotland within the Bounds of this Kingdom As also the said Parliament of England may extend the Additions and other Provisions contained in the Articles of Union as above insert in favours of the Subjects of Scotland to and in favours of the Subjects of England which shall not suspend or derogate from the force and effect of this present Ratification but shall be understood as herein included without the necessity of any new ratification in the Parliament of Scotland

Constitutionality of legislation

And lastly Her Majesty enacts and declares that all Laws and Statutes in this Kingdom so far they are contrary to or inconsistent with the Terms of these Articles as above mentioned shall from and after the Union cease and become void.

III. Cap. 8 ante

And Whereas an Act hath passed in this present Session of Parliament intituled An Act for securing the Church of England as by Law established the Tenor whereof follows

Unamendable provisions, Official religion

Whereas by an Act made in the Session of Parliament held in the third and fourth year of Her Majesties reign whereby Her Majesty was impowered to appoint Commissioners under the Great Seal of England to treat with Commissioners to be authorized by the Parliament of Scotland concerning an Union of the Kingdoms of England and Scotland It is Provided and enacted that the Commissioners to be named in pursuance of the said Act should not treat of or concerning any Alteration of the Liturgy Rites Ceremonies Discipline or Government of the Church as by Law established within this Realm And whereas certain Commissioners appointed by Her Majesty in pursuance of the said Act and also other Commissioners nominated by Her Majesty by the Authority of the Parliament of Scotland have met and agreed upon a Treaty of Union of the said Kingdoms which Treaty is now under the Consideration of this present Parliament And whereas the said Treaty (with some Alterations therein made) is ratified and approved by Act of Parliament in Scotland and the said Act of Ratification is by Her Majesties Royal Command laid before the Parliament of this Kingdom And whereas it is reasonable and necessary that the true Protestant Religion Professed and established by Law in the Church of England and the Doctrine Worship Discipline and Government thereof should be effectually and unalterably secured Be it enacted by the Queens most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That an Act made in the thirteenth year of the reign of the late King Charles the Second intituled an Act for the Uniformity of the publick Prayers and Administration of Sacraments and other rites and ceremonies and for establishing the form of making ordaining and consecrating Bishops Priests and Deacons in the Church of England (other than such Clauses in the said Acts or either of them as have been repealed or altered by any subsequent Act or Acts of Parliament) and all and singular other Acts of Parliament now in force for the Establishment and Preservation of the Church of England and the Doctrine Worship Discipline and Government thereof shall remain and be in full force for ever

Oaths to abide by constitution

And be it further enacted by the Authority aforesaid That after the Demise of Her Majesty (whom God long preserve) the Sovereign next succeeding to Her Majesty in the Royal Government of the Kingdom of Great Britain and so for ever hereafter every King or Queen succeeding and coming to the Royal Government of the Kingdom of Great Britain at His or Her Coronation shall in the presence of all persons who shall be attending assisting or otherwise then and there present take and subscribe an Oath to maintain and preserve inviolably the said Settlement of the Church of England and the Doctrine Worship Discipline and Government thereof as by Law established within the Kingdoms of England and Ireland the Dominion of Wales and Town of Berwick upon Tweed and the Territories thereunto belonging.

And be it further enacted by the Authority aforesaid That this Act and all and every the matters and things therein contained be and shall for ever be holden and adjudged to be a Fundamental and Essential part of any Treaty of Union to be concluded between the said two Kingdoms and also that this Act shall be inserted in express Terms in any Act of Parliament which shall be made for settling and ratifying any such Treaty of Union and shall be therein declared to be an Essential and Fundamental part thereof.

Unamendable provisions, Official religion, Source of constitutional authority

IV. The said Articles and Act of Parliament of Scotland confirmed

May It therefore please Your most Excellent Majesty that it may be enacted and 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 Authority of the same That all and every the said Articles of Union as ratified and approved by the said Act of Parliament of Scotland as aforesaid and herein before particularly mentioned and inserted and also the said Act of Parliament of Scotland for establishing the Protestant Religion and Presbyterian Church Government within that Kingdom intituled Act for Securing the Protestant Religion and Presbyterian Church Government and every Clause matter and thing in the said Articles and Act contained shall be and the said Articles and Act are hereby for ever ratified approved and confirmed.

Official religion, Unamendable provisions

V. Cap. 8 ante, and the said Act of Parliament of Scotland to be observed as fundamental Conditions of the said Union; and the said Articles and Acts of Parliament to continue the Union

And it is hereby further enacted by the Authority aforesaid That the said Act passed in this present Session of Parliament intituled An Act for securing the Church of England as by Law established and all and every the matters and things therein contained And also the said Act of Parliament of Scotland intituled Act for securing the Protestant Religion and Presbyterian Church Government with the Establishment in the said Act contained be and shall for ever be held and adjudged to be and observed as Fundamental and Essential Conditions of the said Union And shall in all times coming be taken to be and are hereby declared to be essential and fundamental parts of the said Articles and Union And the said Articles of Union so as aforesaid ratified approved and confirmed by Act of Parliament of Scotland and by this present Act And the said Act passed in this present Session of Parliament intituled an Act for securing the Church of England as by Law established And also the said Act passed in the Parliament of Scotland intituled Act for securing the Protestant Religion and Presbyterian Church Government are hereby enacted and ordained to be and continue in all times coming the complete and intire Union of the two Kingdoms of England and Scotland

Minimum age for second chamber, Second chamber selection, First chamber selection

VI. Recital of Act of Parliament of Scotland for settling Election of the Sixteen Peers and Forty-five Members for Scotland

And whereas since the passing the said Act in the Parliament of Scotland for ratifying the said Articles of Union one other Act intituled Act settling the manner of electing the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain hath likewise passed in the said Parliament of Scotland at Edinburgh the Fifth day of February One thousand seven hundred and seven the Tenor whereof follows

Our Sovereign Lady considering that by the Twenty Second Article of the Treaty of Union as the same is ratified by an Act passed in this Session of Parliament upon the Sixteenth of January last It is provided That by virtue of the said Treaty of the Peers of Scotland at the time of the Union Sixteen shall be the number to sit and vote in the House of Lords and Forty Five the number of the Representatives of Scotland in the House of Commons of the Parliament of Great Britain and that the said Sixteen Peers and Forty Five Members in the House of Commons be named and chosen in such manner as by a subsequent Act in this present Session of Parliament in Scotland should be settled which Act is thereby declared to be as valid as if it were a part of and ingrossed in the said Treaty Therefore Her Majesty with Advice and Consent of the Estates of Parliament statutes enacts and ordains that the said Sixteen Peers who shall have right to sit in the House of Peers in the Parliament of Great Britain on the part of Scotland by virtue of this Treaty shall be named by the said Peers of Scotland whom they represent their Heirs or Successors to their Dignities and Honours out of their own number and that by open Election and Plurality of Voices of the Peers present and of the Proxies for such as shall be absent the said Proxies being Peers and producing a Mandate in Writing duly signed before Witnesses and both the Constituent and Proxy being qualified according to Law declaring also that such Peers as are absent being qualified as aforesaid may send to all such meetings Lists of the Peers whom they judge fittest validly signed by the said absent Peers which shall be reckoned in the same manner as if the parties had been present and given in the said List And in case of the Death or legal incapacity of any of the said Sixteen Peers that the aforesaid Peers of Scotland shall nominate another of their own Number in place of the said Peer or Peers in manner before and after mentioned It is always hereby expressly provided and declared that none shall be capable to elect or be elected for any of the said Estates but such as are twenty one years of Age complete

Second chamber selection, First chamber selection, Minimum age for second chamber

VII. The said Act declared valid as if it had been Part of the said Articles of Union

As by the said Act passed in Scotland for settling the manner of electing the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain may appear

Be it therefore further enacted and declared by the Authority aforesaid That the said last mentioned Act Passed in Scotland for settling the manner of electing the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain as aforesaid shall be and the same is hereby declared to be as valid as if the same had been part of and engrossed in the said Articles of Union ratified and approved by the said Act of Parliament of Scotland and by this Act as aforesaid.

Union with Ireland Act 1800

Motives for writing constitution

An Act for the Union of Great Britain and Ireland.

Source of constitutional authority, Structure of legislative chamber(s), Motives for writing constitution

Preamble

Whereas in pursuance of his Majesty’s most gracious recommendation to the two Houses of Parliament in Great Britain and Ireland respectively, to consider of such measures as might best tend to strengthen and consolidate the connection between the two kingdoms, the two Houses of the Parliament of Great Britain and the two Houses of the Parliament of Ireland have severally agreed and resolved, that, in order to promote and secure the essential interests of Great Britain and Ireland, and to consolidate the strength, power and resources of the British Empire, it will be adviseable to concur in such measures as may best tend to unite the two kingdoms of Great Britain and Ireland into one kingdom, in such manner, and on such terms and conditions, as may be established by the Acts of the respective Parliaments of Great Britain and Ireland:

Source of constitutional authority

Part 1. The Parliaments of England and Ireland have agreed upon the articles following

And whereas, in furtherance of the said resolution, both Houses of the said two Parliaments respectively have likewise agreed upon certain Articles for effectuating and establishing the said purposes, in the tenor following:

National flag

Article First. That Great Britain and Ireland shall upon Jan. 1, 1801, be united into one kingdom; and that the titles appertaining to the crown, &c. shall be such as his Majesty shall be pleased to appoint

That it be the First Article of the Union of the kingdoms of Great Britain and Ireland, that the said kingdoms of Great Britain and Ireland shall, upon the first day of January which shall be in the year of our Lord one thousand eight hundred and one, and for ever after, be united into one kingdom, by the name of the United Kingdom of Great Britain and Ireland, and that the royal stile and titles appertaining to the imperial crown of the said United Kingdom and its dependencies, and also the ensigns, armorial flags and banners thereof, shall be such as his Majesty, by his royal proclamation under the Great Seal of the United Kingdom, shall be pleased to appoint.

Head of state replacement, Head of state selection

Article Second. That the succession to the crown shall continue limited and settled as at present

That it be the Second Article of Union, that the succession to the imperial crown of the said United Kingdom, and of the dominions thereunto belonging, shall continue limited and settled in the same manner as the succession to the imperial crown of the said kingdoms of Great Britain and Ireland now stands limited and settled, according to the existing laws and to the terms of union between England and Scotland.

Structure of legislative chamber(s)

Article Third. That the United Kingdom be represented in one Parliament

That it be the Third Article of Union, that the said United Kingdom be represented in one and the same Parliament, to be stiled the Parliament of the United Kingdom of Great Britain and Ireland.

Article Fourth

First chamber selection, Second chamber selection

1. That such Act as shall be passed in Ireland to regulate the mode of summoning and returning the lords and commoners to serve in the united Parliament of the United Kingdom, shall be considered as part of the treaty of union

That such Act as shall be passed in the Parliament of Ireland previous to the union, to regulate the mode by which the lords spiritual and tbemporal and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned to the said Parliament, shall be considered as forming part of the treaty of union, and shall be incorporated in the Acts of the respective Parliaments by which the said union shall be ratified and established:

First chamber selection, Eligibility for first chamber, Eligibility for second chamber

2. That any peer of Ireland may be elected to serve in the House of Commons of the United Kingdom, unless previously elected to sit in the House of Lords, but shall not be entitled to the privilege of peerage, etc

That any person holding any peerage of Ireland now subsisting, or hereafter to be created, shall not thereby be disqualified from being elected to serve, if he shall so think fit, or from serving or continuing to serve, if he shall so think fit, for any county, city or borough, in the House of Commons of the United Kingdom, but that so long as such peer of Ireland shall so continue to be a member of the House of Commons, he shall not be entitled to the privilege of peerage:

Second chamber selection, Eligibility for second chamber, Head of state powers, Size of second chamber

3. His Majesty may create peers, and make promotions in the peerage of Ireland after the union, under certain regulations

That it shall be lawful for his Majesty, his heirs and successors, to create peers of Ireland, and to make promotions in the peerage thereof, after the union; provided that no new creation of any such peers shall take place after the union, until three of the peerages of Ireland which shall have been existing at the time of the union shall have become extinct; and upon such extinction of three peerages that it shall be lawful for his Majesty, his heirs and successors, to create one peer of Ireland; and in like manner so often as three peerages of Ireland shall become extinct, it shall be lawful for his Majesty, his heirs and successors, to create one other peer of the said part of the United Kingdom; and if it shall happen that the peers of Ireland shall, by extinction of peerages or otherwise, be reduced to the number of one hundred exclusive of all such peers of Ireland as shall hold any peerage of Great Britain subsisting at the time of the union, or of the United Kingdom created since the union, by which such peers shall be entitled to an hereditary seat in the House of Lords of the United Kingdom then and in that case it shall and may be lawful for his Majesty, his heirs and successors, to create one peer of Ireland, as often as any one of such one hundred peerages shall fail by extinction, or as often as any one peer of Ireland shall become entitled by descent or creation to an hereditary seat in the House of Lords of the United Kingdom; it being the true intent and meaning of this Article, that at all times after the union it shall and may be lawful for his Majesty, his heirs and successors, to keep up the peerage of Ireland to the number of one hundred, over and above the number of such of the said peers as shall be entitled by descent or creation to an hereditary seat in the House of Lords of the United Kingdom:

Second chamber selection

4. Peerages in abeyance to be deemed existing peerages, and no peerage to be deemed extinct but on default of claim for a year after the death of the late possessor. If a claim be after that period made and allowed, and a new creation shall have taken place in the interval, no new right of creation shall accrue to his Majesty on the next extinction of a peerage

That if any peerage shall at any time be in abeyance, such peerage shall be deemed and taken as an existing peerage; and no peerage shall be deemed extinct, unless on default of claimants to the inheritance of such peerage for the space of one year from the death of the person who shall have been last possessed thereof; and if no claim shall be made to the inheritance of such peerage, in such form and manner as may from time to time be prescribed by the House of Lords of the United Kingdom, before the expiration of the said period of a year, then and in that case such peerage shall be deemed extinct; provided that nothing herein shall exclude any person from afterwards putting in a claim to the peerage so deemed extinct; and if such claim shall be allowed as valid by judgement of the House of Lords of the United Kingdom, reported to his Majesty, such peerage shall be considered as revived; and in case any new creation of a peerage of Ireland shall have taken place in the interval, in consequence of the supposed extinction of such peerage, then no new right of creation shall accrue to his Majesty, his heirs or successors in consequence of the next extinction which shall take place of any peerage of Ireland:

First chamber selection

5. Questions touching the election of members to sit in the House of Commons of the United Kingdom on the part of Ireland shall be decided as questions touching such elections in Great Britain

That all questions touching the election of members to sit on the part of Ireland in the House of Commons of the United Kingdom shall be heard and decided in the same manner as questions touching such elections in Great Britain now are or at any time hereafter shall by law be heard and decided; subject nevertheless to such particular regulations in respect of Ireland as, from local circumstances, the Parliament of the United Kingdom may from time to time deem expedient:

6. When his Majesty shall declare his pleasure for holding a Parliament of the United Kingdom, a proclamation shall issue to cause the lords and commons, who are to serve on the part of Ireland to be returned as shall be provided by any Act of the present session in Ireland

That when his Majesty, his heirs or successors, shall declare his, her or their pleasure for holding the first or any subsequent Parliament of the United Kingdom, a proclamation shall issue, under the Great Seal of the United Kingdom, to cause the commons, who are to serve in the Parliament thereof on the part of Ireland, to be returned in such manner as by any Act of this present session of the Parliament of Ireland shall be provided; and that the lords spiritual and temporal and commons of Great Britain shall, together with the commons so returned as aforesaid on the part of Ireland, constitute the two Houses of the Parliament of the United Kingdom:

7. The lords of Parliament on the part of Ireland shall have the same privileges as the lords on the part of Great Britain, and all lords spiritual of Ireland shall have rank next after the lords spiritual of the same rank of Great Britain, and shall enjoy the same privileges, (except those depending upon sitting in the House of Lords), and the temporal peers of Ireland shall have rank next after the peers of the like rank in Great Britain at the time of the union; and all peerages of Ireland and of the United Kingdom created after the union shall have rank according to creation; and all peerages of Great Britain and of Ireland shall, in all other respects, be considered as peerages of the United Kingdom, and the peers of Ireland shall enjoy the same privileges, except those depending upon sitting in the House of Lords

And that the persons holding any temporal peerages of Ireland existing at the time of the union shall, from and after the union, have rank and precedency next and immediately after all the persons holding peerages of the like orders and degrees in Great Britain subsisting at the time of the union; and that all peerages of Ireland created after the union shall have rank and precedency with the peerages of the United Kingdom so created, according to the dates of their creations; and that all peerages both of Great Britain and Ireland now subsisting or hereafter to be created shall in all other respects from the date of the union be considered as peerages of the United Kingdom; and that the peers of Ireland shall, as peers of the United Kingdom enjoy all privileges of peers as fully as the peers of Great Britain, the right and privilege of sitting in the House of Lords and the privileges depending thereon, only excepted.

Official religion

Article Fifth. The churches of England and Ireland to be united into one Protestant Episcopal Church, and the doctrine of the Church of Scotland to remain as now established

That it be the Fifth Article of Union, that the doctrine, worship, discipline and government of the Church of Scotland shall remain and be preserved as the same are now established by law and by the Acts for the union of the two kingdoms of England and Scotland.

Article Sixth

Legal status of treaties

1. The subjects of Great Britain and Ireland shall be on the same footing in respect of trade and navigation, and in all treaties with foreign powers the subjects of Ireland shall have the same privileges as British subject

That it be the Sixth Article of Union, that his Majesty’s subjects of Great Britain and Ireland shall from and after the first day of January one thousand eight hundred and one be entitled to the same privileges and be on the same footing, as to encouragements and bounties on the like articles, being the growth, produce or manufacture of either country respectively, and generally in respect of trade and navigation in all ports and places in the United Kingdom and its dependencies; and that in all treaties made by his Majesty his heirs and successors, with any foreign power, his Majesty’s subjects of Ireland shall have the same privileges and be on the same footing as his Majesty’s subjects of Great Britain.

2. From January 1, 1801, all prohibitions and bounties on the export of articles the produce or manufacture of either country to the other shall cease

That from the first day of January one thousand eight hundred and one all prohibitions and bounties on the export of articles, the growth, produce or manufacture of either country, to the other shall cease and determine; and that the said articles shall thenceforth be exported from one country to the other without duty or bounty on such export:

3. All articles the produce or manufacture of either country, not herein-after enumerated as subject to specific duties, shall be imported into each country from the other, duty free, other than the countervailing duties in the Schedule No. 1. or to such as shall hereafter be imposed by the united Parliament

That all articles, the Growth, Produce or Manufacture of either Country (not herein-after enumerated as subject to specific duties), shall from thenceforth be imported into each country from the other free from duty other than such countervailing duties as shall hereafter be imposed by the Parliament of the United Kingdom, in the manner herein-after provided;

4. Articles of the produce or manufacture of either country, subject to internal duty, or to duty on the materials, may be subjected on importation into each country to countervailing duties, and upon their export a drawback of the duty shall be allowed

That any articles of the growth, produce or manufacture of either country, which are or may be subject to internal duty or to duty on the materials of which they are composed, may be made subject, on their importation into each country respectively from the other, to such countervailing duty as shall appear to be just and reasonable in respect of such internal duty or duties on the materials; and that upon the export of the said articles from each country to the other respectively, a drawback shall be given equal in amount to the countervailing duty payable on such articles on the import thereof into the same country from the other; and that in like manner in future it shall be competent to the united Parliament to impose any new or additional countervailing duties, or to take off or diminish such existing countervailing duties as may appear, on like principles, to be just and reasonable in respect of any future or additional internal duty on any article of the growth, produce or manufacture of either country, or of any new or additional duty on any materials of which such article may be composed, or of any abatement of duty on the same; and that when any such new or additional countervailing duty shall be so imposed on the import of any article into either country from the other, a drawback, equal in amount to such countervailing duty, shall be given in like manner on the export of every such article respectively from the same country to the other:

5. Articles the produce or manufacture of either country when exported through the other, shall be subject to the same charges as if exported directly from the country of which they were the produce or manufacture

That all articles, the growth, produce or manufacture of either country, when exported through the other, shall in all cases be exported subject to the same charges as if they had been exported directly from the country of which they were the growth, produce or manufacture:

Article Seventh

[Repealed]

Article Eight

Subsidiary unit government, National vs subnational laws, Constitutionality of legislation, Structure of the courts

1. All laws in force at the union, and all courts of jurisdiction within the respective kingdoms, shall remain, subject to such alterations as may appear proper to the united Parliament. All appeals to be finally decided by the peers of the United Kingdom. There shall remain in Ireland a Court of Admiralty, and appeals therefrom shall be to the delegates in Chancery there. All laws contrary to the provisions enacted for carrying these articles into effect to be repealed

That it be the Eighth Article of Union, that all laws in force at the time of the union, and all the courts of civil and ecclesiastical jurisdiction within the respective kingdoms, shall remain as now by law established within the same, subject only to such alterations and regulations from time to time as circumstances may appear to the Parliament of the United Kingdom to require; provided that from and after the union there shall remain in Ireland an Instance Court of Admiralty for the determination of causes civil and maritime only, and that the appeal from sentences of the said court shall be to his Majesty’s Delegates in his Court of Chancery in Ireland; and that all laws at present in force in either kingdom, which shall be contrary to any of the provisions which may be enacted by any Act for carrying these Articles into effect, be from and after the union repealed.

Source of constitutional authority

2. His Majesty having been pleased to approve of the foregoing articles, it is enacted, that they shall be the articles of union, and be in force for ever, from Jan. 1, 1801; provided that before that period an Act shall have been passed in Ireland for carrying them into effect

And whereas the said Articles having, by address of the respective Houses of Parliament in Great Britain and Ireland, been humbly laid before his Majesty, his Majesty has been graciously pleased to approve the same, and to recommend it to his two Houses of Parliament in Great Britain and Ireland to consider of such measures as may be necessary for giving effect to the said Articles: In order therefore to give full effect and validity to the same, be it enacted by the King’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, that the said foregoing recited Articles, each and every one of them, according to the true import and tenor thereof, be ratified, confirmed and approved, and be and they are hereby declared to be the Articles of the Union of Great Britain and Ireland, and the same shall be in force and have effect for ever, from the first day of January which shall be in the year of our Lord one thousand eight hundred and one; provided that before that period an Act shall have been passed by the Parliament of Ireland, for carrying into effect in the like manner the said foregoing recited Articles.

Part 2

1. Recital of an Act of the Parliament of Ireland to regulate the mode by which the lords and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned

And whereas an Act, intituled “An Act to regulate the mode by which the lords spiritual and temporal, and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned to the said Parliament,” has been passed by the Parliament of Ireland, the tenor whereof is as follows:

An Act to regulate the mode by which the lords spiritual and temporal, and the commons, to serve in the Parliament of the United Kingdom on the part of Ireland, shall be summoned and returned to the said Parliament;

Replacement of legislators, First chamber selection

In case of the summoning of a new Parliament, or if the seat of any of the commoners shall become vacant by death or otherwise, then the counties, cities or boroughs, or any of them, as the case may be, shall proceed to a new election; and no meeting shall at any time hereafter be summoned, called, convened or held for the purpose of electing any person or persons to serve or act or be considered as representative or representatives of any other place, town, city, corporation or borough, or as representative or representatives of the freemen, freeholders, householders or inhabitants thereof, either in the Parliament of the United Kingdom or elsewhere (unless it shall hereafter be otherwise provided by the Parliament of the United Kingdom);

First chamber selection, Replacement of legislators

Whenever his Majesty, his heirs and successors, shall by proclamation under the Great Seal of the United Kingdom summon a new Parliament of the United Kingdom of Great Britain and Ireland, the Chancellor, Keeper or Commissioners of the Great Seal of Ireland, shall cause writs to be issued to the several counties, cities, and boroughs in Ireland, for the election of members to serve in the Parliament of the United Kingdom, and whenever any vacancy of a seat in the House of Commons of the Parliament of the United Kingdom for any of the said counties, cities or boroughs, shall arise by death or otherwise, the Chancellor, Keeper or Commissioners of the Great Seal, upon such vacancy being certified to them respectively by the proper warrant, shall forthwith cause a writ to issue for the election of a person to fill up such vacancy;

2. Recited Act to be taken as a part of this Act.

Be it enacted, that the said Act so herein recited be taken as a part of this Act, and be deemed to all intents and purposes incorporated within the same.

Parliament Acts 1911 and 1949

Motives for writing constitution, Preamble

Preamble

An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons, and to limit the duration of Parliament.

[18th August 1911]

Structure of legislative chamber(s)

Whereas it is expedient that provision should be made for regulating the relations between the two Houses of Parliament:

Second chamber selection

And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation:

And whereas provision will require hereafter to be made by Parliament in a measure effecting such substitution for limiting and defining the powers of the new Second Chamber, but it is expedient to make such provision as in this Act appears for restricting the existing powers of the House of Lords:

Division of labor between chambers, Finance bills, Spending bills, Tax bills, Budget bills, First chamber reserved policy areas

1. Powers of House of Lords as to Money Bills

  1. Approval or veto of general legislation
    If a Money Bill, having been passed by the House of Commons, and sent up to the House of Lords at least one month before the end of the session, is not passed by the House of Lords without amendment within one month after it is so sent up to that House, the Bill shall, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified, notwithstanding that the House of Lords have not consented to the Bill.
  2. A Money Bill means a Public Bill which in the opinion of the Speaker of the House of Commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the Consolidated Fund, the National Loans Fund or on money provided by Parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; or subordinate matters incidental to those subjects or any of them. In this subsection the expressions “taxation,” “public money,” and “loan” respectively do not include any taxation, money, or loan raised by local authorities or bodies for local purposes.
  3. There shall be endorsed on every Money Bill when it is sent up to the House of Lords and when it is presented to His Majesty for assent the certificate of the Speaker of the House of Commons signed by him that it is a Money Bill. Before giving his certificate the Speaker shall consult, if practicable, two members to be appointed from the Chairmen’s Panel at the beginning of each Session by the Committee of Selection.
Division of labor between chambers

2. Restriction of the powers of the House of Lords as to Bills other than Money Bills

  1. Approval or veto of general legislation
    If any Public Bill (other than a Money Bill or a Bill containing any provision to extend the maximum duration of Parliament beyond five years) is passed by the House of Commons in two successive sessions (whether of the same Parliament or not), and, having been sent up to the House of Lords at least one month before the end of the session, is rejected by the House of Lords in each of those sessions, that Bill shall, on its rejection for the second time by the House of Lords, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified thereto, notwithstanding that the House of Lords have not consented to the Bill: Provided that this provision shall not take effect unless one year has elapsed between the date of the second reading in the first of those sessions of the Bill in the House of Commons and the date on which it passes the House of Commons in the second of these sessions.
  2. When a Bill is presented to His Majesty for assent in pursuance of the provisions of this section, there shall be endorsed on the Bill the certificate of the Speaker of the House of Commons signed by him that the provisions of this section have been duly complied with.
  3. A Bill shall be deemed to be rejected by the House of Lords if it is not passed by the House of Lords either without amendment or with such amendments only as may be agreed to by both Houses.
  4. A Bill shall be deemed to be the same Bill as a former Bill sent up to the House of Lords in the preceding session if, when it is sent up to the House of Lords, it is identical with the former Bill or contains only such alterations as are certified by the Speaker of the House of Commons to be necessary owing to the time which has elapsed since the date of the former Bill, or to represent any amendments which have been made by the House of Lords in the former Bill in the preceding session, and any amendments which are certified by the Speaker to have been made by the House of Lords in the second session and agreed to by the House of Commons shall be inserted in the Bill as presented for Royal Assent in pursuance of this section:

    Provided that the House of Commons may, if they think fit, on the passage of such a Bill through the House in the second session, suggest any further amendments without inserting the amendments in the Bill, and any such suggested amendments shall be considered by the House of Lords, and, if agreed to by that House, shall be treated as amendments made by the House of Lords and agreed to by the House of Commons; but the exercise of this power by the House of Commons shall not affect the operation of this section in the event of the Bill being rejected by the House of Lords.

3. Certificate of Speaker

Any certificate of the Speaker of the House of Commons given under this Act shall be conclusive for all purposes, and shall not be questioned in any court of law.

4. Enacting words

  1. In every Bill presented to His Majesty under the preceding provisions of this Act, the words of enactment shall be as follows, that is to say:—

    “Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949 and by authority of the same, as follows.”

  2. Any alteration of a Bill necessary to give effect to this section shall not be deemed to be an amendment of the Bill.

5. Provisional Order Bills excluded

In this Act the expression “Public Bill” does not include any Bill for confirming a Provisional Order.

6. Saving for existing rights and privileges of the House of Commons

Nothing in this Act shall diminish or qualify the existing rights and privileges of the House of Commons.

7. Duration of Parliament

[Omitted]

8. Short title

This Act may be cited as the Parliament Acts 1911 and 1949.

Life Peerages Act 1958

Preamble

Preamble

Motives for writing constitution

An Act to make provision for the creation of life peerages carrying the right to sit and vote in the House of Lords.

[30th April 1958]

1. Power to create life peerages carrying right to sit in the House of Lords

  1. Term length of second chamber, Second chamber selection, Head of state powers
    Her Majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section.
  2. Term length of second chamber, Second chamber selection
    A peerage conferred under this section shall, during the life of the person on whom it is conferred, entitle him—
    1. to rank as a baron under such style as may be appointed by the letters patent; and
    2. subject to subsection (4) of this section, to receive writs of summons to attend the House of Lords and sit and vote therein accordingly,

    and shall expire on his death.

  3. Second chamber selection
    A life peerage may be conferred under this section on a woman.
  4. Eligibility for second chamber
    Nothing in this section shall enable any person to receive a writ of summons to attend the House of Lords, or to sit and vote in that House, at any time when disqualified therefor by law.

2. Short title

This Act may be cited as the Life Peerages Act 1958.

European Communities Act 1972

Motives for writing constitution, International organizations

Preamble

An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar.

International organizations

Part I. General Provisions

1. Short title and interpretation

  1. This Act may be cited as the European Communities Act 1972.
  2. In this Act-
    • “the Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;
      Treaty ratification, Legal status of treaties

      “the Treaties” or "the EU Treaties" means, subject to subsection (3) below, the pre-accession treaties, that is to say, those described in Part I of Schedule 1 to this Act, taken with—

      1. the treaty relating to the accession of the United Kingdom to the European Economic Community and to the European Atomic Energy Community, signed at Brussels on the 22nd January 1972; and
      2. the decision, of the same date, of the Council of the European Communities relating to the accession of the United Kingdom to the European Coal and Steel Community; and
      3. the treaty relating to the accession of the Hellenic Republic to the European Economic Community and to the European Atomic Energy Community, signed at Athens on 28th May 1979; and
      4. the decision, of 24th May 1979, of the Council relating to the accession of the Hellenic Republic to the European Coal and Steel Community; and
      5. the decisions of the Council of 7th May 1985, 24th June 1988, 31st October 1994, 29th September 2000 and 7th June 2007 on the Communities' system of own resources; and
      6. the treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Community, signed at Lisbon and Madrid on 12th June 1985; and
      7. the decision, of 11th June 1985, of the Council relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community; and
      8. the following provisions of the Single European Act signed at Luxembourg and The Hague on 17th and 28th February 1986, namely Title II (amendment of the treaties establishing the Communities) and, so far as they relate to any of the Communities or any Community institution, the preamble and Titles I (common provisions) and IV (general and final provisions); and
      9. Titles II, III and IV of the Treaty on European Union signed at Maastricht on 7th February 1992, together with the other provisions of the Treaty so far as they relate to those Titles, and the Protocols adopted at Maastricht on that date and annexed to the Treaty establishing the European Community with the exception of the Protocol on Social Policy on page 117 of Cm 1934; and
      10. the decision, of 1st February 1993, of the Council amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976; and
      11. the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993; and
      12. the treaty concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994; and
      13. the following provisions of the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts—
        1. Articles 2 to 9,
        2. Article 12, and
        3. the other provisions of the Treaty so far as they relate to those Articles,

        and the Protocols adopted on that occasion other than the Protocol on Article J.7 of the Treaty on European Union; and

      14. the following provisions of the Treaty signed at Nice on 26th February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts—
        1. Articles 2 to 10, and
        2. the other provisions of the Treaty so far as they relate to those Articles,

        and the Protocols adopted on that occasion; and

      15. the treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, signed at Athens on 16th April 2003; and
      16. the treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union, signed at Luxembourg on 25th April 2005; and
      17. Structure of the courts
        the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007 (together with its Annex and protocols), excluding any provision that relates to, or in so far as it relates to or could be applied in relation to, the Common Foreign and Security Policy; and
      18. the Protocol amending the Protocol (No. 36) on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, signed at Brussels on 23 June 2010; and
      19. the treaty concerning the accession of the Republic of Croatia to the European Union, signed at Brussels on 9 December 2011; and
      20. the Protocol on the concerns of the Irish people on the Treaty of Lisbon, adopted at Brussels on 16 May 2012;

      and any other treaty entered into by the EU (except in so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy) , with or without any of the member States, or entered into, as a treaty ancillary to any of the Treaties, by the United Kingdom;

      and any expression defined in Schedule 1 to this Act has the meaning there given to it.

  3. Legal status of treaties
    If Her Majesty by Order in Council declares that a treaty specified in the Order is to be regarded as one of the EU Treaties as herein defined, the Order shall be conclusive that it is to be so regarded; but a treaty entered into by the United Kingdom after the 22nd January 1972, other than a pre-accession treaty to which the United Kingdom accedes on terms settled on or before that date, shall not be so regarded unless it is so specified, nor be so specified unless a draft of the Order in Council has been approved by resolution of each House of Parliament.
  4. Legal status of treaties
    For purposes of subsections (2) and (3) above, “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

2. General implementation of Treaties

  1. Legal status of treaties
    All such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly; and the expression “enforceable EU right” and similar expressions shall be read as referring to one to which this subsection applies.
  2. Subsidiary unit government, Powers of cabinet, Advisory bodies to the head of state, Legal status of treaties, Head of government powers, Constitutionality of legislation, Initiation of general legislation, Head of state powers
    Subject to Schedule 2 to this Act, at any time after its passing Her Majesty may by Order in Council, and any designated Minister or department may by order, rules, regulations or scheme, make provision—
    1. for the purpose of implementing any EU obligation of the United Kingdom, or enabling any such obligation to be implemented, or of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Treaties to be exercised; or
    2. for the purpose of dealing with matters arising out of or related to any such obligation or rights or the coming into force, or the operation from time to time, of subsection (1) above;

    and in the exercise of any statutory power or duty, including any power to give directions or to legislate by means of orders, rules, regulations or other subordinate instrument, the person entrusted with the power or duty may have regard to the objects of the EU and to any such obligation or rights as aforesaid.

    In this subsection “designated Minister or department” means such Minister of the Crown or government department as may from time to time be designated by Order in Council in relation to any matter or for any purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council.

  3. There shall be charged on and issued out of the Consolidated Fund or, if so determined by the Treasury, the National Loans Fund the amounts required to meet any EU obligation to make payments to the EU or a member State, or any EU obligation in respect of contributions to the capital or reserves of the European Investment Bank or in respect of loans to the Bank, or to redeem any notes or obligations issued or created in respect of any such EU obligation and, except as otherwise provided by or under any enactment,—
    1. any other expenses incurred under or by virtue of the Treaties or this Act by any Minister of the Crown or government department may be paid out of moneys provided by Parliament; and
    2. any sums received under or by virtue of the Treaties or this Act by any Minister of the Crown or government department, save for such sums as may be required for disbursements permitted by any other enactment, shall be paid into the Consolidated Fund or, if so determined by the Treasury, the National Loans Fund.
  4. Head of government powers, Subsidiary unit government, Head of state powers, Constitutionality of legislation, Legal status of treaties, Powers of cabinet
    The provision that may be made under subsection (2) above includes, subject to Schedule 2 to this Act, any such provision (of any such extent) as might be made by Act of Parliament, and any enactment passed or to be passed, other than one contained in this part of this Act, shall be construed and have effect subject to the foregoing provisions of this section; but, except as may be provided by any Act passed after this Act, Schedule 2 shall have effect in connection with the powers conferred by this and the following sections of this Act to make Orders in Council or orders, rules, regulations or schemes.
  5. Subsidiary unit government
    and the references in that subsection to a Minister of the Crown or government department and to a statutory power or duty shall include a Minister or department of the Government of Northern Ireland and a power or duty arising under or by virtue of an Act of the Parliament of Northern Ireland.
  6. Colonies
    A law passed by the legislature of any of the Channel Islands or of the Isle of Man, or a colonial Law (within the meaning of the Colonial Laws Validity Act 1865) passed or made for Gibraltar, if expressed to be passed or made in the implementation of the Treaties and of the obligations of the United Kingdom thereunder, shall not be void or inoperative by reason of any inconsistency with or repugnancy to an Act of Parliament, passed or to be passed, that extends to the Island or Gibraltar or any provision having the force and effect of an Act there (but not including this section), nor by reason of its having some operation outside the Island or Gibraltar; and any such Act or provision that extends to the Island or Gibraltar shall be construed and have effect subject to the provisions of any such law.
Constitutional interpretation

3. Decisions on, and proof of, Treaties and EU instruments etc

  1. Structure of the courts
    For the purposes of all legal proceedings any question as to the meaning or effect of any of the Treaties, or as to the validity, meaning or effect of any EU instrument, shall be treated as a question of law (and, if not referred to the European Court, be for determination as such in accordance with the principles laid down by and any relevant decision of the European Court).
  2. Structure of the courts
    Judicial notice shall be taken of the Treaties, of the Official Journal of the European Union and of any decision of, or expression of opinion by, the European Court on any such question as aforesaid; and the Official Journal shall be admissible as evidence of any instrument or other act thereby communicated of the EU or of any EU institution.
  3. Evidence of any instrument issued by an EU institution, including any judgment or order of the European Court, or of any document in the custody of an EU institution, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of that institution; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate.
  4. Evidence of any EU instrument may also be given in any legal proceedings—
    1. by production of a copy purporting to be printed by the Queen’s Printer;
    2. where the instrument is in the custody of a government department (including a department of the Government of Northern Ireland), by production of a copy certified on behalf of the department to be a true copy by an officer of the department generally or specially authorised so to do;

    and any document purporting to be such a copy as is mentioned in paragraph (b) above of an instrument in the custody of a department shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document being in the custody of the department.

  5. In any legal proceedings in Scotland evidence of any matter given in a manner authorised by this section shall be sufficient evidence of it.
International organizations

Part II. Amendment of Law

4. General provision for repeal and amendment

  1. Constitutionality of legislation
    The enactments mentioned in Schedule 3 to this Act (being enactments that are superseded or to be superseded by reason of EU obligations and of the provision made by this Act in relation thereto or are not compatible with EU obligations) are hereby repealed, to the extent specified in column 3 of the Schedule, with effect from the entry date or other date mentioned in the Schedule; and in the enactments mentioned in Schedule 4 to this Act there shall, subject to any transitional provision there included, be made the amendments provided for by that Schedule.
  2. Where in any Part of Schedule 3 to this Act it is provided that repeals made by that Part are to take effect from a date appointed by order, the orders shall be made by statutory instrument, and an order may appoint different dates for the repeal of different provisions to take effect, or for the repeal of the same provision to take effect for different purposes; and an order appointing a date for a repeal to take effect may include transitional and other supplementary provisions arising out of that repeal, including provisions adapting the operation of other enactments included for repeal but not yet repealed by that Schedule, and may amend or revoke any such provisions included in a previous order.
  3. Where any of the following sections of this Act, or any paragraph of Schedule 4 to this Act, affects or is construed as one with an Act or Part of an Act similar in purpose to provisions having effect only in Northern Ireland, then—
    1. Subsidiary unit government
      unless otherwise provided by Act of the Parliament of Northern Ireland, the Governor of Northern Ireland may by Order in Council make provision corresponding to any made by the section or paragraph, and amend or revoke any provision so made; and
    2. [Repealed]
  4. Where Schedule 3 or 4 to this Act provides for the repeal or amendment of an enactment that extends or is capable of being extended to any of the Channel Islands or the Isle of Man, the repeal or amendment shall in like manner extend or be capable of being extended thereto.

5. Customs duties

  1. Subject to subsection (2) below, on and after the relevant date there shall be charged, levied, collected and paid on goods imported into the United Kingdom such EU customs duty, if any, as is for the time being applicable in accordance with the Treaties or, if the goods are not within the common customs tariff of the EU and the duties chargeable are not otherwise fixed by any directly applicable EU provision, such duty of customs, if any, as the Treasury, on the recommendation of the Secretary of State, may by order specify.

    For this purpose “the relevant date”, in relation to any goods, is the date on and after which the duties of customs that may be charged thereon are no longer affected under the Treaties by any temporary provision made on or with reference to the accession of the United Kingdom to the Communities.

  2. Where as regards goods imported into the United Kingdom provision may, in accordance with the Treaties, be made in derogation of the common customs tariff or of the exclusion of customs duties as between member States, the Treasury may by order make such provision as to the customs duties chargeable on the goods, or as to exempting the goods from any customs duty, as the Treasury may on the recommendation of the Secretary of State determine.
  3. Schedule 2 to this Act shall also have effect in connection with the powers to make orders conferred by subsections (1) and (2) above.
  4. [Repealed]
  5. [Repealed]
  6. [Repealed]

6. The common agricultural policy

  1. [Repealed]
  2. [Repealed]
  3. Sections 5 and 7 of the Agriculture Act 1957 (which make provision for the support of arrangements under section 1 of that Act for providing guaranteed prices or assured markets) shall apply in relation to any EU arrangements for or related to the regulation of the market for any agricultural produce as if references, in whatever terms, to payments made by virtue of section 1 were references to payments made by virtue of the EU arrangements by or on behalf of the relevant Minister and as if for every reference in section 5 to the Minister there were substituted a reference to the relevant Minister.
  4. Agricultural levies of the EU, so far as they are charged on goods exported from the United Kingdom or shipped as stores, shall be paid to and recoverable by the relevant Minister; and the power of the relevant Minister to make orders under section 5 of the Agriculture Act 1957, as extended by this section, shall include power to make such provision supplementary to any directly applicable EU provision as the relevant Minister considers necessary for securing the payment of any agricultural levies so charged, including provision for the making of declarations or the giving of other information in respect of goods exported, shipped as stores, or otherwise dealt with.
  5. Except as otherwise provided by or under any enactment, agricultural levies of the EU, so far as they are charged on goods imported into the United Kingdom, shall be levied, collected and paid, and the proceeds shall be dealt with, as if they were EU customs duties, and in relation to those levies the following enactments shall apply as they would apply in relation to EU customs duties, that is to say:—
    1. the Customs and Excise Management Act 1979 (as for the time being amended by any later Act) and any other statutory provisions for the time being in force relating generally to customs or excise duties on imported goods; and
    2. sections 1, 3, 4, 5, 6 (including Schedule 1), 7, 8, 9, 12, 13, 15, 17 and 18 of the Customs and Excise Duties (General Reliefs) Act 1979 but so that—
      1. any references in sections 1, 3 and 4 to the Secretary of State shall include the Ministers; and
      2. the reference in section 15 to an application for an authorisation under regulations made under section 2 of that Act shall be read as a reference to an application for an authorisation under regulations made under section 2(2) of this Act;

    and, if, in connection with any such EU arrangements as aforesaid, the Commissioners of Customs and Excise are charged with the performance, on behalf of the Board or otherwise, of any duties in relation to the payment of refunds or allowances on goods exported or to be exported from the United Kingdom, then in relation to any such refund or allowance section 133 (except subsection (3) and the reference to that subsection in subsection (2) and section 159 of the Customs and Excise Management Act 1979 shall apply as they apply in relation to a drawback of excise duties, and other provisions of that Act shall have effect accordingly.

  6. The enactments applied by subsection (5)(a) above shall apply subject to such exceptions and modifications, if any, as the Commissioners of Customs and Excise may by regulations prescribe, and shall be taken to include section 10 of the Finance Act 1901 (which relates to changes in customs import duties in their effect on contracts), but shall not include section 126 of the Customs and Excise Management Act 1979 (charge of duty on manufactured or composite articles).
  7. [Repealed]
  8. Expressions used in this section shall be construed as if contained in Part I of the Agriculture Act 1957; and in this section “agricultural levy” shall include any tax not being a customs duty, but of equivalent effect, that may be chargeable in accordance with any such EU arrangements as aforesaid, and “statutory provision” includes any provision having effect by virtue of any enactment and, in subsection (2), any enactment of the Parliament of Northern Ireland or provision having effect by virtue of such an enactment.
  1. [Repealed]
  2. [Repealed]
  3. [Repealed]
  4. [Repealed]

11. EU offences

  1. Structure of the courts
    A person who, in sworn evidence before the the European Court, makes any statement which he knows to be false or does not believe to be true shall, whether he is a British subject or not, be guilty of an offence and may be proceeded against and punished—
    1. in England and Wales as for an offence against section 1(1) of the Perjury Act 1911; or
    2. in Scotland as for an offence against section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995; or
    3. in Northern Ireland as for an offence against Article 3(1) of the Perjury (Northern Ireland) Order 1979.

    Where a report is made as to any such offence under the authority of the the European Court then a bill of indictment for the offence may, in England or Wales or in Northern Ireland, be preferred as in a case where a prosecution is ordered under section 9 of the Perjury Act 1911 or Article 13 of the Perjury (Northern Ireland) Order 1979, but the report shall not be given in evidence on a person’s trial for the offence.

  2. Where a person (whether a British subject or not) owing either—
    1. to his duties as a member of any Euratom institution or committee, or as an officer or servant of Euratom; or
    2. to his dealings in any capacity (official or unofficial) with any Euratom institution or installation or with any Euratom joint enterprise;

    has occasion to acquire, or obtain cognisance of, any classified information, he shall be guilty of a misdemeanour if, knowing or having reason to be believe that it is classified information, he communicates it to any unauthorised person or makes any public disclosure of it, whether in the United Kingdom or elsewhere and whether before or after the termination of those duties or dealings; and for this purpose “classified information” means any facts, information, knowledge, documents or objects that are subject to the security rules of a member State or of any Euratom institution.

    This subsection shall be construed, and the Official Secrets Acts 1911 to 1939 shall have effect, as if this subsection were contained in the Official Secrets Act 1911, but so that in that Act sections 10 and 11, except section 10(4), shall not apply.

  3. This section shall not come into force until the entry date.

12. Furnishing of information to EU

Estimates, returns and information that may under section 9 of the Statistics of Trade Act 1947 or section 3 of the Agricultural Statistics Act 1979 be disclosed to a government department, the Scottish Ministers or Minister in charge of a government department may, in like manner, be disclosed in pursuance of an EU obligation to an EU institution.

[Schedules omitted due to length - full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1972/68/schedules]

Senior Courts Act 1981

Preamble

Preamble

Motives for writing constitution

An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the Senior Courts in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes.

[28th July 1981]

Part I. CONSTITUTION OF Senior Courts

Subheading 1. The Senior Courts

1. The Senior Courts

  1. Structure of the courts
    The Senior Courts of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act.
  2. The Lord Chancellor shall be president of the Senior Courts.

Subheading 2. The Court of Appeal

2. The Court of Appeal

  1. Eligibility for ordinary court judges
    The Court of Appeal shall consist of
    1. ex-officio judges, and
    2. ordinary judges, of whom the maximum full-time equivalent number is 38.
  2. Eligibility for ordinary court judges
    The following shall be ex-officio judges of the Court of Appeal—
    1. [repealed]
    2. any person who was Lord Chancellor before 12 June 2003;
    3. any judge of the Supreme Court who at the date of his appointment was, or was qualified for appointment as, an ordinary judge of the Court of Appeal or held an office within paragraphs (d) to (g);
    4. the Lord Chief Justice;
    5. the Master of the Rolls;
    6. the President of the Queen's Bench Division;
    7. the President of the Family Division;
    8. the Chancellor of the High Court;

    but a person within paragraph (b) or (c) shall not be required to sit and act as a judge of the Court of Appeal unless at the request of the Lord Chief Justice he consents to do so.

  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his function under subsection (2) of making requests to persons within paragraphs (b) and (c) of that subsection.
  4. An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.
  5. Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of ordinary judges of the Court of Appeal.
  6. It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
  7. No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
  8. The Court of Appeal shall be taken to be duly constituted notwithstanding any vacancy in the office of Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court.
  9. For the purposes of this section the full-time equivalent number of ordinary judges is to be calculated by taking the number of full-time ordinary judges and adding, for each ordinary judge who is not a full-time ordinary judge, such fraction as is reasonable.

3. Divisions of Court of Appeal

  1. Structure of the courts
    There shall be two divisions of the Court of Appeal, namely the criminal division and the civil division.
  2. The Lord Chief Justice shall be president of the criminal division of the Court of Appeal, and the Master of the Rolls shall be president of the civil division of that court.
  3. The Lord Chief Justice may, after consulting the Lord Chancellor appoint one of the ordinary judges of the Court of Appeal as vice-president of both divisions of that court, or one of those judges as vice-president of the criminal division and another of them as vice-president of the civil division.
  4. When sitting in a court of either division of the Court of Appeal in which no ex-officio judge of the Court of Appeal is sitting, the vice-president (if any) of that division shall preside.
  5. Any number of courts of either division of the Court of Appeal may sit at the same time.
  6. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

Subheading 3. The High Court

4. The High Court

  1. Eligibility for ordinary court judges
    The High Court shall consist of
    1. [repealed]
    2. the Lord Chief Justice;
    3. the President of the Queen's Bench Division;
    4. the President of the Family Division;
    5. the Chancellor of the High Court;
    6. the Senior Presiding Judge
    7. the vice-president of the Queen’s Bench Division; and
    8. the puisne judges of that court, of whom the maximum full-time equivalent number is 108.
  2. The puisne judges of the High Court shall be styled “Justices of the High Court”.
  3. All the judges of the High Court shall, except where this Act expressly provides otherwise, have in all respects equal power, authority and jurisdiction.
  4. Her Majesty may by Order in Council from time to time amend subsection (1) so as to increase or further increase the maximum full-time equivalent number of puisne judges of the High Court.
  5. It is for the Lord Chancellor to recommend to Her Majesty the making of an Order under subsection (4).
  6. No recommendation shall be made to Her Majesty in Council to make an Order under subsection (4) unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
  7. The High Court shall be taken to be duly constituted notwithstanding any vacancy in the office of Lord Chief Justice, President of the Queen's Bench Division, President of the Family Division, Chancellor of the High Courtor Senior Presiding Judge and whether or not an appointment has been made to the office of vice-president of the Queen’s Bench Division.
  8. For the purposes of this section the full-time equivalent number of puisne judges is to be calculated by taking the number of full-time puisne judges and adding, for each puisne judge who is not a full-time puisne judge, such fraction as is reasonable.

5. Divisions of High Court

  1. Structure of the courts
    There shall be three divisions of the High Court namely—
    1. the Chancery Division, consisting of the Chancellor of the High Court, who shall be president thereof, the Vice-Chancellor, who shall be vice-president thereof, and such of the puisne judges as are for the time being attached thereto in accordance with this section;
    2. the Queen’s Bench Division, consisting of the Lord Chief Justice, the President of the Queen's Bench Division, the vice-president of the Queen’s Bench Division and such of the puisne judges as are for the time being so attached thereto; and
    3. the Family Division, consisting of the President of the Family Division and such of the puisne judges as are for the time being so attached thereto.
  2. The puisne judges of the High Court shall be attached to the various Divisions by direction given by the Lord Chief Justice after consulting the Lord Chancellor; and any such judge may with his consent be transferred from one Division to another by direction given by the Lord Chief Justice after consulting the Lord Chancellor, but shall be so transferred only with the concurrence of the senior judge of the Division from which it is proposed to transfer him.
  3. Any judge attached to any Division may act as an additional judge of any other Division at the request of the Lord Chief Justice made with the concurrence of both of the following—
    1. the senior judge of the Division to which the judge is attached;
    2. the senior judge of the Division of which the judge is to act as an additional judge.
  4. Nothing in this section shall be taken to prevent a judge of any Division (whether nominated under section 6(2) or not) from sitting, whenever required, in a divisional court of another Division or for any judge of another Division.
  5. Without prejudice to the provisions of this Act relating to the distribution of business in the High Court, all jurisdiction vested in the High Court under this Act shall belong to all the Divisions alike.
  6. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
Provisions for intellectual property

6. The Patents, Admiralty and Commercial Courts

  1. Structure of the courts
    There shall be—
    1. as part of the Chancery Division, a Patents Court; and
    2. as parts of the Queen’s Bench Division, an Admiralty Court and a Commercial Court.
  2. The judges of the Patents Court, of the Admiralty Court and of the Commercial Court shall be such of the puisne judges of the High Court as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to be judges of the Patents Court, Admiralty Judges and Commercial Judges respectively.
  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).

7. Power to alter Divisions or transfer certain courts to different Divisions

  1. Her Majesty may from time to time, on a recommendation of the Lord Chancellor and the judges mentioned in subsection (2), by Order in Council direct that—
    1. any increase or reduction in the number of Divisions of the High Court; or
    2. the transfer of any of the courts mentioned in section 6(1) to a different Division,

    be carried into effect in pursuance of the recommendation.

  2. Those judges are the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court
  3. An Order in Council under this section may include such incidental, supplementary or consequential provisions as appear to Her Majesty necessary or expedient, including amendments of provisions referring to particular Divisions contained in this Act or any other statutory provision.
  4. Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subheading 4. The Crown Court

8. The Crown Court

  1. Eligibility for ordinary court judges
    The jurisdiction of the Crown Court shall be exercisable by—
    1. any judge of the High Court; or
    2. any Circuit judge , Recorder, qualifying judge advocate or District Judge (Magistrates' Courts); or
    3. subject to and in accordance with the provisions of sections 74 and 75(2), a judge of the High Court, Circuit judge or Recorder or qualifying judge advocate sitting with not more than four justices of the peace,

    and any such persons when exercising the jurisdiction of the Crown Court shall be judges of the Crown Court.

  2. The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court.
  3. A justice of the peace is not disqualified from acting as a judge of the Crown Court merely because the proceedings are not at a place within the local justice area to which he is assigned or because the proceedings are not related to that area in any other way.
  4. Eligibility for ordinary court judges
    When the Crown Court sits in the City of London it shall be known as the Central Criminal Court; and the Lord Mayor of the City and any Alderman of the City shall be entitled to sit as judges of the Central Criminal Court with any judge of the High Court , Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts).
  5. Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.

Subheading 5. Other provisions

9. Assistance for transaction of judicial business

  1. Eligibility for ordinary court judges, Ordinary court selection
    A person within any entry in column 1 of the following Table may subject to the provision at the end of that Table at any time, at the request of the appropriate authority, act—
    1. as a judge of a relevant court specified in the request; or
    2. if the request relates to a particular division of a relevant court so specified, as a judge of that court in that division.

    Table

    Key: Column 1 = Judge or ex-judge; Column 2 = Where competent to act on request

    Row 1

    Column 1

    A judge of the Court of Appeal.

    Column 2

    The High Court and the Crown Court.

    Row 2

    Column 1

    A person who has been a judge of the Court of Appeal.

    Column 2

    The Court of Appeal, the High Court, the family court, the county court and the Crown Court.

    Row 3

    Column 1

    A puisne judge of the High Court.

    Column 2

    The Court of Appeal.

    Row 4

    Column 1

    A person who has been a puisne judge of the High Court.

    Column 2

    The Court of Appeal, the High Court, the family court, the county court and the Crown Court.

    Row 4A

    Column 1

    The Senior President of Tribunals.

    Column 2

    The Court of Appeal and the High Court.

    Row 5

    Column 1

    A Circuit judge.

    Column 2

    The High Court and the Court of Appeal.

    Row 6

    Column 1

    A Recorder or a person within subsection (1ZB).

    Column 2

    The High Court.

    The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.

  2. Eligibility for ordinary court judges
    The Senior President of Tribunals is to be treated as not being within any entry in column 1 of the Table other than entry 4A.
  3. Eligibility for ordinary court judges
    A person is within this subsection if the person—
    1. is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,
    2. is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,
    3. is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),
    4. is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), or
    5. is the President of Employment Tribunals (England and Wales) or the President of Employment Tribunals (Scotland).
  4. Eligibility for ordinary court judges
    A person shall not act as a judge by virtue of subsection (1) after the day on which he attains the age of 75.
  5. Ordinary court selection
    In subsection (1)—
    • “the appropriate authority” means—

      “relevant court”, in the case of a person within any entry in column 1 of the Table, means a court specified in relation to that entry in column 2 of the Table.

  6. Ordinary court selection
    The power of the appropriate authority to make a request under subsection (1) is subject to subsections (2B) to (2D).
  7. Ordinary court selection
    In the case of a request to a person within entry 1, 3, 4A, 5 or 6 in column 1 of the Table, the appropriate authority may make the request only after consulting the Lord Chancellor.
  8. Ordinary court selection
    In any other case the appropriate authority may make a request only with the concurrence of the Lord Chancellor.
  9. Ordinary court selection
    In the case of a request to a person within entry 5 or 6 in column 1 of the Table to act as a judge of the High Court, the appropriate authority may make the request only if the person is a member of the pool for requests under subsection (1) to persons within that entry.
  10. Ordinary court selection
    In the case of a request to a Circuit judge to act as a judge of the Court of Appeal, the appropriate authority may make the request only with the concurrence of the Judicial Appointments Commission.
  11. Ordinary court selection
    The person to whom a request is made under subsection (1) must comply with the request, but this does not apply to—
    1. a request made to a person who has been a judge of the Court of Appeal,
    2. a request made to a person who has been a puisne judge of the High Court and is not a judge of the Court of Appeal, or
    3. a request made to the Senior President of Tribunals if the holder of that office is a judge of the Court of Session or of the High Court, or Court of Appeal, in Northern Ireland.

    it shall be the duty of the person to whom the request is made to comply with it.

  12. Ordinary court selection
    Without prejudice to section 24 of the Courts Act 1971 (temporary appointment of deputy Circuit judges), if it appears to the Lord Chief Justice, after consulting the Lord Chancellor,that it is expedient as a temporary measure to make an appointment under this subsection in order to facilitate the disposal of business in the High Court or the Crown Court or any other court or tribunal to which persons appointed under this subsection may be deployed, he may appoint a person qualified for appointment as a puisne judge of the High Court to be a deputy judge of the High Court during such period or on such occasions as the Lord Chief Justice may, after consulting the Lord Chancellor, think fit; and during the period or on the occasions for which a person is appointed as a deputy judge under this subsection, he may act as a puisne judge of the High Court.
  13. Eligibility for ordinary court judges
    No appointment of a person as a deputy judge of the High Court shall be such as to extend beyond the day on which he attains the age of 70, but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75).
  14. Every person while acting under this section shall, subject to subsections (6) and (6A), be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the court in which he is acting.
  15. A person shall not by virtue of subsection (5)—
    1. be treated as a judge of the court in which he is acting for the purposes of section 98(2) or of any statutory provision relating to—
      1. the appointment, retirement, removal or disqualification of judges of that court;
      2. the tenure of office and oaths to be taken by such judges; or
      3. the remuneration, allowances or pensions of such judges; or
    2. subject to section 27 of the Judicial Pensions and Retirement Act 1993, be treated as having been a judge of a court in which he has acted only under this section.
  16. A Circuit judge or Recorder or person within subsection (1ZB) shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 , 31B, 31C and 44 of the Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the Senior Courts).
  17. [Repealed]
  18. Such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine may be paid out of money provided by Parliament—
    1. to any person who has been—
      1. a judge of the Supreme Court; or
      2. a judge of the Court of Appeal; or
      3. a judge of the High Court,

      and is by virtue of subsection (1) acting as mentioned in that subsection;

    2. to any deputy judge of the High Court appointed under subsection (4).
  19. Supreme/ordinary court judge removal
    A person may be removed from office as a deputy judge of the High Court—
    1. only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
    2. only on—
      1. the ground of inability or misbehaviour, or
      2. a ground specified in the person's terms of appointment.
  20. Subject to the preceding provisions of this section, a person appointed under subsection (4) is to hold and vacate office as a deputy judge of the High Court in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
  21. The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under this section.

10. Appointment of judges of Senior Courts

  1. Ordinary court selection
    Whenever the office of Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court is vacant, Her Majesty may , on the recommendation of the Lord Chancellor, by letters patent appoint a qualified person to that office.
  2. Ordinary court selection
    Subject to the limits on full-time equivalent numbers for the time being imposed by sections 2(1) and 4(1), Her Majesty may , on the recommendation of the Lord Chancellor, from time to time by letters patent appoint qualified persons as Lords Justices of Appeal or as puisne judges of the High Court.
  3. Eligibility for ordinary court judges
    No person shall be qualified for appointment—
    1. as Lord Chief Justice, Master of the Rolls, President of the Queen's Bench Division, President of the Family Division or Chancellor of the High Court, unless he is qualified for appointment as a Lord Justice of Appeal or is a judge of the Court of Appeal;
    2. as a Lord Justice of Appeal, unless—
      1. he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
      2. he is a judge of the High Court; or
    3. as a puisne judge of the High Court, unless—
      1. he satisfies the judicial-appointment eligibility condition on a 7-year basis; or
      2. he is a Circuit judge who has held that office for at least 2 years.
  4. Oaths to abide by constitution
    A person appointed—
    1. to any of the offices mentioned in subsection (1),
    2. as a Lord Justice of Appeal, or
    3. as a puisne judge of the High Court,

    shall take the required oaths as soon as may be after accepting office.

  5. In the case of a person appointed to the office of Lord Chief Justice, the required oaths are to be taken in the presence of all of the following—
    1. the Master of the Rolls;
    2. the President of the Queen's Bench Division;
    3. the President of the Family Division;
    4. the Chancellor of the High Court.
  6. Where subsection (5) applies but there is a vacancy in one or more (but not all) of the offices mentioned in that subsection, the required oaths are to be taken in the presence of the holders of such of the offices as are not vacant.
  7. Where the holder of an office mentioned in subsection (5) is incapable of exercising the functions of the office, the office is to be treated as vacant for the purposes of subsection (6).
  8. In the case of a person appointed other than to the office of Lord Chief Justice, the required oaths are to be taken in the presence of—
    1. the Lord Chief Justice, or
    2. a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him for this purpose.
  9. Oaths to abide by constitution
    In this section “required oaths” means—
    1. the oath of allegiance, and
    2. the judicial oath,

    as set out in the Promissory Oaths Act 1868.

11. Tenure of office of judges of Senior Courts

  1. Mandatory retirement age for judges, Supreme/ordinary court judge removal
    This section applies to the office of any judge of the Senior Courts
  2. Mandatory retirement age for judges
    A person appointed to an office to which this section applies shall vacate it on the day on which he attains the age of seventy years unless by virtue of this section he has ceased to hold it before then.
  3. Supreme/ordinary court judge removal
    A person appointed to an office to which this section applies shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.
  4. Supreme/ordinary court judge removal
    It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under subsection (3).
  5. A person holding an office within section 2(2)(d) to (g) shall vacate that office on becoming a judge of the Supreme Court.
  6. A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge of the Court of Appeal.
  7. A puisne judge of the High Court shall vacate that office on becoming a judge of the Court of Appeal.
  8. A person who holds an office to which this section applies may at any time resign it by giving the Lord Chancellor notice in writing to that effect.
  9. Supreme/ordinary court judge removal
    The Lord Chancellor, if satisfied by means of a medical certificate that a person holding an office to which this section applies—
    1. is disabled by permanent infirmity from the performance of the duties of his office; and
    2. is for the time being incapacitated from resigning his office,

    may, subject to subsection (9), by instrument under his hand declare that person’s office to have been vacated; and the instrument shall have the like effect for all purposes as if that person had on the date of the instrument resigned his office.

  10. Supreme/ordinary court judge removal
    A declaration under subsection (8) with respect to a person shall be of no effect unless it is made—
    1. in the case of any of the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court, with the concurrence of two others of them;
    2. in the case of a Lord Justice of Appeal, with the concurrence of the Master of the Rolls;
    3. in the case of a puisne judge of any Division of the High Court, with the concurrence of the senior judge of that Division.
  11. [Repealed]

12. Salaries etc. of judges of Senior Courts

  1. Protection of judges' salaries
    Subject to subsections (2) and (3), there shall be paid to judges of the Senior Courts such salaries as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
  2. Protection of judges' salaries
    Until otherwise determined under this section, there shall be paid to the judges mentioned in subsection (1) the same salaries as at the commencement of this Act.
  3. Protection of judges' salaries
    Any salary payable under this section may be increased, but not reduced, by a determination or further determination under this section.
  4. [Repealed]
  5. Salaries payable under this section shall be charged on and paid out of the Consolidated Fund.
  6. There shall be paid out of money provided by Parliament to any judge of the Court of Appeal or of the High Court, in addition to his salary, such allowances as may be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service.
  7. Pensions shall be payable to or in respect of the judges mentioned in subsection (1) in accordance with section 2 of the Judicial Pensions Act 1981 or, in the case of a judge who is a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, in accordance with that Act.

13. Precedence of judges of Senior Courts

  1. When sitting in the Court of Appeal—
    1. the Lord Chief Justice and the Master of the Rolls shall rank in that order; and
    2. judges of the Supreme Court and persons who have been Lord Chancellor shall rank next after the Master of the Rolls and, among themselves, according to the priority of the dates on which they respectively became judges of the Supreme Court or Lord Chancellor, as the case may be.
  2. Subject to subsection (1)(b), the President of the Queen's Bench Division shall rank next after the Master of the Rolls.
  3. The President of the Family Division shall rank next after the President of the Queen's Bench Division.
  4. The Chancellor of the High Court shall rank next after the President of the Family Division.
  5. The vice-president or vice-presidents of the divisions of the Court of Appeal shall rank next after the Chancellor of the High Court; and if there are two vice-presidents of those divisions, they shall rank, among themselves, according to the priority of the dates on which they respectively became vice-presidents.
  6. The Lords Justices of Appeal (other than the vice-president or vice-presidents of the divisions of the Court of Appeal) shall rank after the ex-officio judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of that court.
  7. The puisne judges of the High Court shall rank next after the judges of the Court of Appeal and, among themselves, according to the priority of the dates on which they respectively became judges of the High Court.

14. Power of judge of Senior Courts or Crown Court to act in cases relating to rates and taxes

  1. A judge of the Senior Courts or of the Crown Court shall not be incapable of acting as such in any proceedings by reason of being, as one of a class of ratepayers, taxpayers or persons of any other description, liable in common with others to pay, or contribute to, or benefit from, any rate or tax which may be increased, reduced or in any way affected by those proceedings.
  2. In this section “rate or tax” means any rate, tax, duty or liability, whether public, general or local, and includes—
    1. any fund formed from the proceeds of any such rate, tax, duty or liability; and
    2. any fund applicable for purposes the same as, or similar to, those for which the proceeds of any such rate, tax, duty or liability are or might be applied.

Part II. JURISDICTION

Heading 1. The Court of Appeal

15. General jurisdiction of Court of Appeal

  1. Structure of the courts
    The Court of Appeal shall be a superior court of record.
  2. Subject to the provisions of this Act, there shall be exercisable by the Court of Appeal—
    1. all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other Act; and
    2. all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this Act.
  3. For all purposes of or incidental to—
    1. the hearing and determination of any appeal to the civil division of the Court of Appeal; and
    2. the amendment, execution and enforcement of any judgment or order made on such an appeal,

    the Court of Appeal shall have all the authority and jurisdiction of the court or tribunal from which the appeal was brought.

  4. It is hereby declared that any provision in this or any other Act which authorises or requires the taking of any steps for the execution or enforcement of a judgment or order of the High Court applies in relation to a judgment or order of the civil division of the Court of Appeal as it applies in relation to a judgment or order of the High Court.

16. Appeals from High Court

  1. Subject as otherwise provided by this or any other Act (and in particular to the provision in section 13(2)(a) of the Administration of Justice Act 1969 excluding appeals to the Court of Appeal in cases where leave to appeal from the High Court directly to the Senior Courts is granted under Part II of that Act), or as provided by any order made by the Lord Chancellor under section 56(1) of the Access to Justice Act 1999, the Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of the High Court.
  2. An appeal from a judgment or order of the High Court when acting as a prize court shall not be to the Court of Appeal, but shall be to Her Majesty in Council in accordance with the Prize Acts 1864 to 1944.

17. Applications for new trial

  1. Where any cause or matter, or any issue in any cause or matter, has been tried in the High Court, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the Court of Appeal except where rules of court made in pursuance of subsection (2) provide otherwise.
  2. As regards cases where the trial was by a judge alone and no error of the court at the trial is alleged, or any prescribed class of such cases, rules of court may provide that any such application as is mentioned in subsection (1) shall be heard and determined by the High Court.
  3. Nothing in this section shall alter the practice in bankruptcy.

18. Restrictions on appeals to Court of Appeal

  1. No appeal shall lie to the Court of Appeal—
    1. except as provided by the Administration of Justice Act 1960, from any judgment of the High Court in any criminal cause or matter;
    2. from any order of the High Court or any other court or tribunal allowing an extension of time for appealing from a judgment or order;
    3. from any order, judgment or decision of the High Court or any other court or tribunal which, by virtue of any provision (however expressed) of this or any other Act, is final;
    4. from a decree absolute of divorce or nullity of marriage, by a party who, having had time and opportunity to appeal from the decree nisi on which that decree was founded, has not appealed from the decree nisi;
    5. [Repealed]
    6. [Repealed]
    7. from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;
    8. except as provided by Part I of the Arbitration Act 1996, from any decision of the High Court under that Part;
    9. [Repealed]
  2. [Repealed]
  3. [Repealed]
  4. [Repealed]

Heading 2. The High Court

Subheading 1. General jurisdiction

19. General jurisdiction of High Court

  1. Structure of the courts
    The High Court shall be a superior court of record.
  2. Subject to the provisions of this Act, there shall be exercisable by the High Court—
    1. all such jurisdiction (whether civil or criminal) as is conferred on it by this or any other Act; and
    2. all such other jurisdiction (whether civil or criminal) as was exercisable by it immediately before the commencement of this Act (including jurisdiction conferred on a judge of the High Court by any statutory provision).
  3. Any jurisdiction of the High Court shall be exercised only by a single judge of that court, except in so far as it is—
    1. by or by virtue of rules of court or any other statutory provision required to be exercised by a divisional court; or
    2. by rules of court made exercisable by a master, registrar or other officer of the court, or by any other person.
  4. The specific mention elsewhere in this Act of any jurisdiction covered by subsection (2) shall not derogate from the generality of that subsection.

Subheading 2. Admiralty jurisdiction

20. Admiralty jurisdiction of High Court

  1. The Admiralty jurisdiction of the High Court shall be as follows, that is to say—
    1. jurisdiction to hear and determine any of the questions and claims mentioned in subsection (2);
    2. jurisdiction in relation to any of the proceedings mentioned in subsection (3);
    3. any other Admiralty jurisdiction which it had immediately before the commencement of this Act; and
    4. any jurisdiction connected with ships or aircraft which is vested in the High Court apart from this section and is for the time being by rules of court made or coming into force after the commencement of this Act assigned to the Queen’s Bench Division and directed by the rules to be exercised by the Admiralty Court.
  2. The questions and claims referred to in subsection (1)(a) are—
    1. any claim to the possession or ownership of a ship or to the ownership of any share therein;
    2. any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;
    3. any claim in respect of a mortgage of or charge on a ship or any share therein;
    4. any claim for damage received by a ship;
    5. any claim for damage done by a ship;
    6. any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or default of—
      1. the owners, charterers or persons in possession or control of a ship; or
      2. the master or crew of a ship, or any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible,

      being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship, or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

    7. any claim for loss of or damage to goods carried in a ship;
    8. any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
    9. any claim—
      1. under the Salvage Convention 1989;
      2. under any contract for or in relation to salvage services; or
      3. in the nature of salvage not falling within (i) or (ii) above;

      or any corresponding claim in connection with an aircraft;

    10. any claim in the nature of towage in respect of a ship or an aircraft;
    11. any claim in the nature of pilotage in respect of a ship or an aircraft;
    12. any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
    13. any claim in respect of the construction, repair or equipment of a ship or in respect of dock charges or dues;
    14. any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages);
    15. any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship;
    16. any claim arising out of an act which is or is claimed to be a general average act;
    17. any claim arising out of bottomry;
    18. any claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure, or for droits of Admiralty.
  3. The proceedings referred to in subsection (1)(b) are—
    1. any application to the High Court under the Merchant Shipping Acts 1894 to 1979 other than an application under the Merchant Shipping Act 1995;
    2. any action to enforce a claim for damage, loss of life or personal injury arising out of—
      1. a collision between ships; or
      2. the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or
      3. non-compliance, on the part of one or more of two or more ships, with the collision regulations;
    3. any action by shipowners or other persons under the Merchant Shipping Act 1995 for the limitation of the amount of their liability in connection with a ship or other property.
  4. The jurisdiction of the High Court under subsection (2)(b) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the court thinks fit.
  5. Subsection (2)(e) extends to—
    1. any claim in respect of a liability incurred under the Chapter III of Part VI of the Merchant Shipping Act 1995; and
    2. any claim in respect of a liability falling on the International Oil Pollution Compensation Fund, or on the International Oil Compensation Fund 1984, under Chapter IV of Part VI of the Merchant Shipping Act 1995,or on the International Oil Pollution Compensation Supplementary Fund 2003.
  6. In subsection (2)(j)—
    1. the “Salvage Convention 1989” means the International Convention on Salvage, 1989 as it has effect under section 224 of the Merchant Shipping Act 1995;
    2. the reference to salvage services includes services rendered in saving life from a ship and the reference to any claim under any contract for or in relation to salvage services includes any claim arising out of such a contract whether or not arising during the provision of the services;
    3. the reference to a corresponding claim in connection with an aircraft is a reference to any claim corresponding to any claim mentioned in sub-paragraph (i) or (ii) of paragraph (j) which is available under section 87 of the Civil Aviation Act 1982.
  7. The preceding provisions of this section apply—
    1. in relation to all ships or aircraft, whether British or not and whether registered or not and wherever the residence or domicile of their owners may be;
    2. in relation to all claims, wherever arising (including, in the case of cargo or wreck salvage, claims in respect of cargo or wreck found on land); and
    3. so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law:

      Provided that nothing in this subsection shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the Merchant Shipping Act 1995.

21. Mode of exercise of Admiralty jurisdiction

  1. Subject to section 22, an action in personam may be brought in the High Court in all cases within the Admiralty jurisdiction of that court.
  2. In the case of any such claim as is mentioned in section 20(2)(a), (c) or (s) or any such question as is mentioned in section 20(2)(b), an action in rem may be brought in the High Court against the ship or property in connection with which the claim or question arises.
  3. In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in the High Court against that ship, aircraft or property.
  4. In the case of any such claim as is mentioned in section 20(2)(e) to (r), where—
    1. the claim arises in connection with a ship; and
    2. the person who would be liable on the claim in an action in personam (“the relevant person”) was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship,

    an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the High Court against—

    1. that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise; or
    2. any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it.
  5. In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in the High Court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim in an action in personam.
  6. Where, in the exercise of its Admiralty jurisdiction, the High Court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale.
  7. In determining for the purposes of subsections (4) and (5) whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within England or Wales.
  8. Where, as regards any such claim as is mentioned in section 20(2)(e) to (r), a ship has been served with a writ or arrested in an action in rem brought to enforce that claim, no other ship may be served with a writ or arrested in that or any other action in rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a writ naming more than one ship or of two or more writs each naming a different ship.

22. Restrictions on entertainment of actions in personam in collision and other similar cases

  1. This section applies to any claim for damage, loss of life or personal injury arising out of—
    1. a collision between ships; or
    2. the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or
    3. non-compliance, on the part of one or more of two or more ships, with the collision regulations.
  2. The High Court shall not entertain any action in personam to enforce a claim to which this section applies unless—
    1. the defendant has his habitual residence or a place of business within England or Wales; or
    2. the cause of action arose within inland waters of England or Wales or within the limits of a port of England or Wales; or
    3. an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.

    In this subsection—

    • "inland waters" includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters;

      "port" means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities therein, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;

      "charges" means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.

  3. The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside England and Wales against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.
  4. Subsections (2) and (3) shall apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.
  5. Subsections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.
  6. Subject to the provisions of subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection.
  7. Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with the enactments in that behalf, to some other court.
  8. For the avoidance of doubt it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction, as well as in relation to its Admiralty jurisdiction.

23. High Court not to have jurisdiction in cases within Rhine Convention

The High Court shall not have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention; and any proceedings to enforce such a claim which are commenced in the High Court shall be set aside.

24. Supplementary provisions as to Admiralty jurisdiction

  1. In sections 20 to 23 and this section, unless the context otherwise requires—
    • “collision regulations” means safety regulations under section 85 of the Merchant Shipping Act 1995;

      “goods” includes baggage;

      “master” has the same meaning as in the Merchant Shipping Act 1995, and accordingly includes every person (except a pilot) having command or charge of a ship;

      “the Rhine Navigation Convention” means the Convention of the 7th October 1868 as revised by any subsequent Convention;

      “ship” includes any description of vessel used in navigation and (except in the definition of “port” in section 22(2) and in subsection (2)(c) of this section) includes, subject to section 2(3) of the Hovercraft Act 1968, a hovercraft;

      “towage” and “pilotage”, in relation to an aircraft, mean towage and pilotage while the aircraft is water-borne.

  2. Nothing in sections 20 to 23 shall—
    1. be construed as limiting the jurisdiction of the High Court to refuse to entertain an action for wages by the master or a member of the crew of a ship, not being a British ship;
    2. affect the provisions of section 226 of the Merchant Shipping Act 1995 (power of a receiver of wreck to detain a ship in respect of a salvage claim); or
    3. authorise proceedings in rem in respect of any claim against the Crown, or the arrest, detention or sale of any of Her Majesty’s ships or Her Majesty’s aircraft, or, subject to section 2(3) of the Hovercraft Act 1968, Her Majesty’s hovercraft, or of any cargo or other property belonging to the Crown.
  1. In this section—
    • “Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given by section 38(2) of the Crown Proceedings Act 1947;

      “Her Majesty’s hovercraft” means hovercraft belonging to the Crown in right of Her Majesty’s Government in the United Kingdom or Her Majesty’s Government in Northern Ireland.

Subheading 3. Other particular fields of jurisdiction

25. Probate jurisdiction of High Court

  1. Subject to the provisions of Part V, the High Court shall, in accordance with section 19(2), have the following probate jurisdiction, that is to say all such jurisdiction in relation to probates and letters of administration as it had immediately before the commencement of this Act, and in particular all such contentious and non-contentious jurisdiction as it then had in relation to—
    1. testamentary causes or matters;
    2. the grant, amendment or revocation of probates and letters of administration; and
    3. the real and personal estate of deceased persons.
  2. Subject to the provisions of Part V, the High Court shall, in the exercise of its probate jurisdiction, perform all such duties with respect to the estates of deceased persons as fell to be performed by it immediately before the commencement of this Act.

26. Matrimonial jurisdiction of High Court

The High Court shall, in accordance with section 19(2), have all such jurisdiction in relation to matrimonial causes and matters as was immediately before the commencement of the Matrimonial Causes Act 1857 vested in or exercisable by any ecclesiastical court or person in England or Wales in respect of—

  1. divorce a mensa et thoro (renamed judicial separation by that Act);
  2. nullity of marriage; and
  3. any matrimonial cause or matter except marriage licences.

27. Prize jurisdiction of High Court

The High Court shall, in accordance with section 19(2), have as a prize court—

  1. all such jurisdiction as is conferred on it by the Prize Acts 1864 to 1944 (in which references to the High Court of Admiralty are by virtue of paragraph 1 of Schedule 4 to this Act to be construed as references to the High Court); and
  2. all such other jurisdiction on the high seas and elsewhere as it had as a prize court immediately before the commencement of this Act.

28. Appeals from Crown Court and inferior courts

  1. Subject to subsection (2), any order, judgment or other decision of the Crown Court may be questioned by any party to the proceedings, on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the Crown Court to have a case stated by that court for the opinion of the High Court.
  2. Subsection (1) shall not apply to—
    1. a judgment or other decision of the Crown Court relating to trial on indictment; or
    2. any decision of that court under the Local Government (Miscellaneous Provisions) Act 1982 which, by any provision of any of those Acts, is to be final.
  3. Subject to the provisions of this Act and to rules of court, the High Court shall, in accordance with section 19(2), have jurisdiction to hear and determine—
    1. any application, or any appeal (whether by way of case stated or otherwise), which it has power to hear and determine under or by virtue of this or any other Act; and
    2. all such other appeals as it had jurisdiction to hear and determine immediately before the commencement of this Act.
  4. In subsection (2)(a) the reference to a decision of the Crown Court relating to trial on indictment does not include a decision relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

28A. Proceedings on case stated by magistrates’ court or Crown Court

  1. This section applies where a case is stated for the opinion of the High Court—
    1. by a magistrates’ court under section 111 of the Magistrates’ Courts Act 1980; or
    2. by the Crown Court under section 28(1) of this Act.
  2. The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.
  3. The High Court shall hear and determine the question arising on the case (or the case as amended) and shall—
    1. reverse, affirm or amend the determination in respect of which the case has been stated; or
    2. remit the matter to the magistrates’ court, or the Crown Court, with the opinion of the High Court,

    and may make such other order in relation to the matter (including as to costs) as it thinks fit.

  4. Except as provided by the Administration of Justice Act 1960 (right of appeal to Senior Courts in criminal cases), a decision of the High Court under this section is final.

29. Mandatory, prohibiting and quashing orders

  1. The orders of mandamus, prohibition and certiorari shall be known instead as mandatory, prohibiting and quashing orders respectively.
  2. Ultra-vires administrative actions, Constitutional interpretation
    The High Court shall have jurisdiction to make mandatory, prohibiting and quashing orders in those classes of case in which, immediately before 1st May 2004, it had jurisdiction to make orders of mandamus, prohibition and certiorari respectively.
  3. Every such order shall be final, subject to any right of appeal therefrom.
  4. In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make mandatory, prohibiting or quashing orders as the High Court possesses in relation to the jurisdiction of an inferior court.
  5. The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to-
    1. trial by the Court Martial for an offence; or
    2. appeals from the Service Civilian Court.
  6. The power of the High Court under any enactment to require justices of the peace or a judge or officer of the county court to do any act relating to the duties of their respective offices, or to require a magistrates’ court to state a case for the opinion of the High Court, in any case where the High Court formerly had by virtue of any enactment jurisdiction to make a rule absolute, or an order, for any of those purposes, shall be exercisable by mandatory order.
  7. In any statutory provision-
    1. references to mandamus or to a writ or order of mandamus shall be read as references to a mandatory order;
    2. references to prohibition or to a writ or order of prohibition shall be read as references to a prohibiting order;
    3. references to certiorari or to a writ or order of certiorari shall be read as references to a quashing order; and
    4. references to the issue or award of a writ of mandamus, prohibition or certiorari shall be read as references to the making of the corresponding mandatory, prohibiting or quashing order.
  8. In subsection (3) the reference to the Crown Court’s jurisdiction in matters relating to trial on indictment does not include its jurisdiction relating to requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

30. Injunctions to restrain persons from acting in offices in which they are not entitled to act

  1. Where a person not entitled to do so acts in an office to which this section applies, the High Court may—
    1. grant an injunction restraining him from so acting; and
    2. if the case so requires, declare the office to be vacant.
  2. This section applies to any substantive office of a public nature and permanent character which is held under the Crown or which has been created by any statutory provision or royal charter.

31. Application for judicial review

  1. Constitutional interpretation, Ultra-vires administrative actions
    An application to the High Court for one or more of the following forms of relief, namely—
    1. a mandatory, prohibiting or quashing order;
    2. a declaration or injunction under subsection (2); or
    3. an injunction under section 30 restraining a person not entitled to do so from acting in an office to which that section applies,

    shall be made in accordance with rules of court by a procedure to be known as an application for judicial review.

  2. Ultra-vires administrative actions, Constitutional interpretation
    A declaration may be made or an injunction granted under this subsection in any case where an application for judicial review, seeking that relief, has been made and the High Court considers that, having regard to—
    1. the nature of the matters in respect of which relief may be granted by mandatory, prohibiting or quashing orders;
    2. the nature of the persons and bodies against whom relief may be granted by such orders; and
    3. all the circumstances of the case,

    it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.

  3. Ultra-vires administrative actions, Constitutional interpretation
    No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.
  4. Ultra-vires administrative actions
    On an application for judicial review the High Court may award to the applicant damages, restitution or the recovery of a sum due if—
    1. the application includes a claim for such an award arising from any matter to which the application relates; and
    2. the court is satisfied that such an award would have been made if the claim had been made in an action begun by the applicant at the time of making the application.
  5. Ultra-vires administrative actions, Constitutional interpretation
    If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition—
    1. remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
    2. substitute its own decision for the decision in question.
  6. Ultra-vires administrative actions, Constitutional interpretation
    But the power conferred by subsection (5)(b) is exercisable only if—
    1. the decision in question was made by a court or tribunal,
    2. the decision is quashed on the ground that there has been an error of law, and
    3. without the error, there would have been only one decision which the court or tribunal could have reached.
  7. Constitutional interpretation, Ultra-vires administrative actions
    Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.
  8. Where the High Court considers that there has been undue delay in making an application for judicial review, the court may refuse to grant—
    1. leave for the making of the application; or
    2. any relief sought on the application,

    if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

  9. Subsection (6) is without prejudice to any enactment or rule of court which has the effect of limiting the time within which an application for judicial review may be made.
Constitutional interpretation

31A. Transfer of judicial review applications to Upper Tribunal

  1. This section applies where an application is made to the High Court—
    1. for judicial review, or
    2. for permission to apply for judicial review.
  2. If Conditions 1, 2, and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.
  3. If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.
  4. Condition 1 is that the application does not seek anything other than—
    1. relief under section 31(1)(a) and (b);
    2. permission to apply for relief under section 31(1)(a) and (b);
    3. an award under section 31(4);
    4. interest;
    5. costs.
  5. Condition 2 is that the application does not call into question anything done by the Crown Court.
  6. Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

Subheading 4. Powers

32. Orders for interim payment

  1. As regards proceedings pending in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to make an order requiring a party to the proceedings to make an interim payment of such amount as may be specified in the order, with provision for the payment to be made to such other party to the proceedings as may be so specified or, if the order so provides, by paying it into court.
  2. Any rules of court which make provision in accordance with subsection (1) may include provision for enabling a party to any proceedings who, in pursuance of such an order, has made an interim payment to recover the whole or part of the amount of the payment in such circumstances, and from such other party to the proceedings, as may be determined in accordance with the rules.
  3. Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
  4. Nothing in this section shall be construed as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs.
  5. In this section “interim payment”, in relation to a party to any proceedings, means a payment on account of any damages, debt or other sum (excluding any costs) which that party may be held liable to pay to or for the benefit of another party to the proceedings if a final judgment or order of the court in the proceedings is given or made in favour of that other party.

32A. Orders for provisional damages for personal injuries

  1. This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
  2. Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—
    1. damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
    2. further damages at a future date if he develops the disease or suffers the deterioration.
  3. Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
  4. Nothing in this section shall be construed—
    1. as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
    2. as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

33. Powers of High Court exercisable before commencement of action

  1. On the application of any person in accordance with rules of court, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say—
    1. the inspection, photographing, preservation, custody and detention of property which appears to the court to be property which may become the subject-matter of subsequent proceedings in the High Court, or as to which any question may arise in any such proceedings; and
    2. the taking of samples of any such property as is mentioned in paragraph (a), and the carrying out of any experiment on or with any such property.
  2. On the application, in accordance with rules of court, of a person who appears to the High Court to be likely to be a party to subsequent proceedings in that court the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim—
    1. to disclose whether those documents are in his possession, custody or power; and
    2. to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
      1. to the applicant’s legal advisers; or
      2. to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
      3. if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
  3. This section applies in relation to the family court as it applies in relation to the High Court.

34. Power of High Court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death

  1. [Omitted]
  2. On the application, in accordance with rules of court, of a party to any proceedings to which this section applies, the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim—
    1. to disclose whether those documents are in his possession, custody or power; and
    2. to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
      1. to the applicant’s legal advisers; or
      2. to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or
      3. if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.
  3. On the application, in accordance with rules of court, of a party to any proceedings to which this section applies, the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters, that is to say—
    1. the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;
    2. the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
  4. The preceding provisions of this section are without prejudice to the exercise by the High Court of any power to make orders which is exercisable apart from those provisions.
  5. Subsections (2) and (3) apply in relation to the family court as they apply in relation to the High Court.

35. Provisions supplementary to ss. 33 and 34

  1. A court shall not make an order under section 33 or 34 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
  2. Rules of court may make provision as to the circumstances in which an order under section 33 or 34 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
  3. Without prejudice to the generality of subsection (2), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 33(2) or 34 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.
  4. Sections 33(2) and 34 and this section bind the Crown; and section 33(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.

    In this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

  5. In sections 32A, 33 and 34 and this section—
    • “property” includes any land, chattel or other corporeal property of any description;

      “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

35A. Power of High Court to award interest on debts and damages

  1. Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
    1. in the case of any sum paid before judgment, the date of the payment; and
    2. in the case of the sum for which judgment is given, the date of the judgment.
  2. In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—
    1. with the substitution of “shall be included” for “may be included”; and
    2. with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.
  3. Subject to rules of court, where—
    1. there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
    2. the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),

    the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.

  4. Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
  5. Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides.
  6. Interest under this section may be calculated at different rates in respect of different periods.
  7. In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
  8. Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.

36. Subpoena issued by High Court to run throughout United Kingdom

  1. If in any cause or matter in the High Court it appears to the court that it is proper to compel the personal attendance at any trial of a witness who may not be within the jurisdiction of the court, it shall be lawful for the court, if in the discretion of the court it seems fit so to do, to order that a writ of subpoena ad testificandum or writ of subpoena duces tecum shall issue in special form commanding the witness to attend the trial wherever he shall be within the United Kingdom; and the service of any such writ in any part of the United Kingdom shall be as valid and effectual for all purposes as if it had been served within the jurisdiction of the High Court.
  2. Every such writ shall have at its foot a statement to the effect that it is issued by the special order of the High Court, and no such writ shall issue without such a special order.
  3. If any person served with a writ issued under this section does not appear as required by the writ, the High Court, on proof to the satisfaction of the court of the service of the writ and of the default, may transmit a certificate of the default under the seal of the court or under the hand of a judge of the court—
    1. if the service was in Scotland, to the Court of Session at Edinburgh; or
    2. if the service was in Northern Ireland, to the High Court of Justice in Northern Ireland at Belfast;

    and the court to which the certificate is sent shall thereupon proceed against and punish the person in default in like manner as if that person had neglected or refused to appear in obedience to process issued out of that court.

  4. No court shall in any case proceed against or punish any person for having made such default as aforesaid unless it is shown to the court that a reasonable and sufficient sum of money to defray
    1. the expenses of coming and attending to give evidence and of returning from giving evidence; and
    2. any other reasonable expenses which he has asked to be defrayed in connection with his evidence,was tendered to him at the time when the writ was served upon him.
  5. Nothing in this section shall affect—
    1. the power of the High Court to issue a commission for the examination of witnesses out of the jurisdiction of the court in any case in which, notwithstanding this section, the court thinks fit to issue such a commission; or
    2. the admissibility at any trial of any evidence which, if this section had not been enacted, would have been admissible on the ground of a witness being outside the jurisdiction of the court.
  6. In this section references to attendance at a trial include references to attendance before an examiner or commissioner appointed by the High Court in any cause or matter in that court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the court.

37. Powers of High Court with respect to injunctions and receivers

  1. The High Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so.
  2. Any such order may be made either unconditionally or on such terms and conditions as the court thinks just.
  3. The power of the High Court under subsection (1) to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction of the High Court, or otherwise dealing with, assets located within that jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within that jurisdiction.
  4. The power of the High Court to appoint a receiver by way of equitable execution shall operate in relation to all legal estates and interests in land; and that power—
    1. may be exercised in relation to an estate or interest in land whether or not a charge has been imposed on that land under section 1 of the Charging Orders Act 1979 for the purpose of enforcing the judgment, order or award in question; and
    2. shall be in addition to, and not in derogation of, any power of any court to appoint a receiver in proceedings for enforcing such a charge.
  5. Where an order under the said section 1 imposing a charge for the purpose of enforcing a judgment, order or award has been, or has effect as if, registered under section 6 of the Land Charges Act 1972, subsection (4) of the said section 6 (effect of non-registration of writs and orders registrable under that section) shall not apply to an order appointing a receiver made either—
    1. in proceedings for enforcing the charge; or
    2. by way of equitable execution of the judgment, order or award or, as the case may be, of so much of it as requires payment of moneys secured by the charge.
  6. This section applies in relation to the family court as it applies in relation to the High Court.

38. Relief against forfeiture for non-payment of rent

  1. In any action in the High Court for the forfeiture of a lease for non-payment of rent, the court shall have power to grant relief against forfeiture in a summary manner, and may do so subject to the same terms and conditions as to the payment of rent, costs or otherwise as could have been imposed by it in such an action immediately before the commencement of this Act.
  2. Where the lessee or a person deriving title under him is granted relief under this section, he shall hold the demised premises in accordance with the terms of the lease without the necessity for a new lease.

39. Execution of instrument by person nominated by High Court

  1. Where the High Court or family court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to indorse any negotiable instrument, then, if that person—
    1. neglects or refuses to comply with the judgment or order; or
    2. cannot after reasonable inquiry be found,

    that court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be indorsed, by such person as the court may nominate for that purpose.

  2. A conveyance, contract, document or instrument executed or indorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or indorsed by the person originally directed to execute or indorse it.

40. Attachment of debts

  1. Subject to any order for the time being in force under subsection (4), this section applies to any deposit account, and any withdrawable share account, with a deposit-taker.
  2. In determining whether, for the purposes of the jurisdiction of the High Court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with rules of court, any condition mentioned in subsection (3) which applies to the account shall be disregarded.
  3. Those conditions are—
    1. any condition that notice is required before any money or share is withdrawn;
    2. any condition that a personal application must be made before any money or share is withdrawn;
    3. any condition that a deposit book or share-account book must be produced before any money or share is withdrawn; or
    4. any other prescribed condition.
  4. The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely—
    1. including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order;
    2. excluding from the accounts to which this section applies all accounts with any particular deposit-taker so specified or with any deposit-taker of a description so specified.
  5. Any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
  6. “Deposit-taker” means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom.
  7. Subsection (6) must be read with—
    1. section 22 of the Financial Services and Markets Act 2000;
    2. any relevant order under that section; and
    3. Schedule 2 to that Act.

40A. Administrative and clerical expenses of garnishees

  1. Where an interim third party debt order made in the exercise of the jurisdiction mentioned in subsection (2) of the preceding section is served on a deposit-taker, it may, subject to the provisions of this section, deduct from the relevant debt or debts an amount not exceeding the prescribed sum towards its administrative and clerical expenses in complying with the order; and the right to make a deduction under this subsection shall be exercisable as from the time the interim third party debt order is served on it.
  2. In subsection (1) “the relevant debt or debts”, in relation to an interim third party debt order served on a deposit-taker, means the amount, as at the time the order is served on it, of the debt or debts of which the whole or a part is expressed to be attached by the order.
  3. A deduction may be made under subsection (1) in a case where the amount referred to in subsection (1A) is insufficient to cover both the amount of the deduction and the amount of the judgment debt and costs in respect of which the attachment was made, notwithstanding that the benefit of the attachment to the creditor is reduced as a result of the deduction.
  4. An amount may not in pursuance of subsection (1) be deducted or, as the case may be, retained in a case where, by virtue of section 346 of the Insolvency Act 1986 or section183 of the Insolvency Act 1986 or otherwise, the creditor is not entitled to retain the benefit of the attachment.
  5. In this section—
    • “deposit-taker” has the meaning given by section 40(6); and

      “prescribed” means prescribed by an order made by the Lord Chancellor.

  6. An order under this section—
    1. may make different provision for different cases;
    2. without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.
    3. may provide for this section not to apply to deposit-takers of any prescribed description.
  7. Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

41. Wards of court

  1. Subject to the provisions of this section, no minor shall be made a ward of court except by virtue of an order to that effect made by the High Court.
  2. Where an application is made for such an order in respect of a minor, the minor shall become a ward of court on the making of the application, but shall cease to be a ward of court at the end of such period as may be prescribed unless within that period an order has been made in accordance with the application.
  3. Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the Children Act 1989).
  4. The High Court may, either upon an application in that behalf or without such an application, order that any minor who is for the time being a ward of court shall cease to be a ward of court.

42. Restriction of vexatious legal proceedings

  1. If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground—
    1. instituted vexatious civil proceedings, whether in the High Court or the family court or any inferior court, and whether against the same person or against different persons; or
    2. made vexatious applications in any civil proceedings, whether in the High Court or the family court or any inferior court, and whether instituted by him or another, or
    3. instituted vexatious prosecutions (whether against the same person or different persons),

    the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order.

  2. In this section—
    • “civil proceedings order” means an order that—

      “criminal proceedings order” means an order that—

      1. no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and
      2. no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and

      “all proceedings order” means an order which has the combined effect of the two other orders.

  3. An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.
  4. Leave for the institution or continuance of, or for the making of an application in, any civil proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application.
  5. Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.
  6. No appeal shall lie from a decision of the High Court refusing leave required by virtue of this section.
  7. A copy of any order made under subsection (1) shall be published in the London Gazette.

43. Power of High Court to vary sentence on application for quashing order

  1. Where a person who has been sentenced for an offence—
    1. by a magistrates’ court; or
    2. by the Crown Court after being convicted of the offence by a magistrates’ court and committed to the Crown Court for sentence; or
    3. by the Crown Court on appeal against conviction or sentence,

    applies to the High Court in accordance with section 31 for an a quashing order to remove the proceedings of the magistrates’ court or the Crown Court into the High Court, then, if the High Court determines that the magistrates’ court or the Crown Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates’ court or, in a case within paragraph (b), the Crown Court had power to impose.

  2. Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed in the proceedings of the magistrates’ court or the Crown Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed in those proceedings; but in computing the term of the sentence, any time during which the offender was released on bail in pursuance of section 37(1)(d) of the Criminal Justice Act 1948 shall be disregarded.
  3. Subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates’ court or the Crown Court which is made on, but does not form part of, the conviction of an offender as they apply in relation to a conviction and sentence.

43ZA. Power of High Court to vary committal in default

  1. Where the High Court quashes the committal of a person to prison or detention by a magistrates’ court or the Crown Court for—
    1. a default in paying a sum adjudged to be paid by a conviction; or
    2. want of sufficient goods to satisfy such a sum,

    the High Court may deal with the person for the default or want of sufficient goods in any way in which the magistrates’ court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed.

  2. If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates’ court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period).
  3. In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where—
    1. there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
    2. it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

43A. Specific powers of arbitrator exercisable by High Court

In any cause or matter proceeding in the High Court in connection with any contract incorporating an arbitration agreement which confers specific powers upon the arbitrator, the High Court may, if all parties to the agreement agree, exercise any such powers.

Subheading 5. Other provisions

44. Extraordinary functions of judges of High Court

  1. Subject to the provisions of this Act, every judge of the High Court shall be—
    1. liable to perform any duty not incident to the administration of justice in any court of law which a judge of the High Court was, as the successor of any judge formerly subject to that duty, liable to perform immediately before the commencement of this Act by virtue of any statute, law or custom; and
    2. empowered to exercise any authority or power not so incident which a judge of the High Court was, as the successor of any judge formerly possessing that authority or power, empowered to exercise immediately before that commencement by virtue of any statute, law or custom.
  2. Any such duty, authority or power which immediately before commencement of this Act was imposed or conferred by any statute, the law or custom on the Lord Chief Justice or the Master of the Rolls shall continue to be performed and exercised by them respectively.

Heading 3. The Crown Court

45. General jurisdiction of Crown Court

  1. Structure of the courts
    The Crown Court shall be a superior court of record.
  2. Subject to the provisions of this Act, there shall be exercisable by the Crown Court—
    1. all such appellate and other jurisdiction as is conferred on it by or under this or any other Act; and
    2. all such other jurisdiction as was exercisable by it immediately before the commencement of this Act.
  3. Without prejudice to subsection (2), the jurisdiction of the Crown Court shall include all such powers and duties as were exercisable or fell to be performed by it immediately before the commencement of this Act.
  4. Subject to section 8 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (substitution in criminal cases of procedure in that Act for procedure by way of subpoena) and to any provision contained in or having effect under this Act, the Crown Court shall, in relation to the attendance and examination of witnesses, any contempt of court, the enforcement of its orders and all other matters incidental to its jurisdiction, have the like powers, rights, privileges and authority as the High Court.
  5. The specific mention elsewhere in this Act of any jurisdiction covered by subsections (2) and (3) shall not derogate from the generality of those subsections.

46. Exclusive jurisdiction of Crown Court in trial on indictment

  1. All proceedings on indictment shall be brought before the Crown Court.
  2. The jurisdiction of the Crown Court with respect to proceedings on indictment shall include jurisdiction in proceedings on indictment for offences wherever committed, and in particular proceedings on indictment for offences within the jurisdiction of the Admiralty of England.

46A. Offences committed on ships and abroad

  1. Sections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act.

47. [Repealed]

48. Appeals to Crown Court

  1. The Crown Court may, in the course of hearing any appeal, correct any error or mistake in the order or judgment incorporating the decision which is the subject of the appeal.
  2. On the termination of the hearing of an appeal the Crown Court—
    1. may confirm, reverse or vary any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence; or
    2. may remit the matter with its opinion thereon to the authority whose decision is appealed against; or
    3. may make such other order in the matter as the court thinks just, and by such order exercise any power which the said authority might have exercised.
  3. Subsection (2) has effect subject to any enactment relating to any such appeal which expressly limits or restricts the powers of the court on the appeal.
  4. Subject to section 11(6) of the Criminal Appeal Act 1995, if the appeal is against a conviction or a sentence, the preceding provisions of this section shall be construed as including power to award any punishment, whether more or less severe than that awarded by the magistrates’ court whose decision is appealed against, if that is a punishment which that magistrates’ court might have awarded.
  5. This section applies whether or not the appeal is against the whole of the decision.
  6. In this section “sentence” includes any order made by a court when dealing with an offender, including—
    1. a hospital order under Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Act; and
    2. a recommendation for deportation made when dealing with an offender.
  7. The fact that an appeal is pending against an interim hospital order under the said Act of 1983 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court.
  8. Where the Crown Court makes an interim hospital order by virtue of subsection (2)—
    1. the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court; and
    2. that magistrates’ court shall be treated for the purposes of section 38(7) of the said Act of 1983 (absconding offenders) as the court that made the order.

Heading 4. General Provisions

Subheading 1. Law and equity

  1. Concurrent administration of law and equity.
    1. Subject to the provisions of this or any other Act, every court exercising jurisdiction in England or Wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
    2. Every such court shall give the same effect as hitherto—
      1. to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and
      2. subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute,and,

      subject to the provisions of this or any other Act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.

    3. Nothing in this Act shall affect the power of the Court of Appeal or the High Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.

50. Power to award damages as well as, or in substitution for, injunction or specific performance

Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.

Subheading 2. Costs

51. Costs in civil division of Court of Appeal, High Court and county courts

  1. Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental to all proceedings in—
    1. the civil division of the Court of Appeal;
    2. the High Court;
    3. the family court; and
    4. the county court,

    shall be in the discretion of the court.

  2. Without prejudice to any general power to make rules of court, such rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs.
  3. The court shall have full power to determine by whom and to what extent the costs are to be paid.
  4. In subsections (1) and (2) “proceedings” includes the administration of estates and trusts.
  5. Nothing in subsection (1) shall alter the practice in any criminal cause, or in bankruptcy.
  6. In any proceedings mentioned in susbsection (1), the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.
  7. In subsection (6), “wasted costs” means any costs incurred by a party—
    1. as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
    2. which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
  8. Where—
    1. a person has commenced proceedings in the High Court; but
    2. those proceedings should, in the opinion of the court, have been commenced in the county court or family court in accordance with any provision made under section 1 of the Courts and Legal Services Act 1990 or by or under any other enactment,

    the person responsible for determining the amount which is to be awarded to that person by way of costs shall have regard to those circumstances.

  9. Where, in complying with subsection (8), the responsible person reduces the amount which would otherwise be awarded to the person in question—
    1. the amount of that reduction shall not exceed 25 per cent; and
    2. on any taxation of the costs payable by that person to his legal representative, regard shall be had to the amount of the reduction.
  10. The Lord Chancellor may by order amend subsection (9)(a) by substituting, for the percentage for the time being mentioned there, a different percentage.
  11. Any such order shall be made by statutory instrument and may make such transitional or incidental provision as the Lord Chancellor considers expedient.
  12. No such statutory instrument shall be made unless a draft of the instrument has been approved by both Houses of Parliament.
  13. In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.

52. Costs in Crown Court

  1. Rules of court may authorise the Crown Court to award costs and may regulate any matters relating to costs of proceedings in that court, and in particular may make provision as to—
    1. any discretion to award costs;
    2. the taxation of costs, or the fixing of a sum instead of directing a taxation, and as to the officer of the court or other person by whom costs are to be taxed;
    3. a right of appeal from any decision on the taxation of costs, whether to a Taxing Master of the Senior Courts or to any other officer or authority;
    4. a right of appeal to the High Court, subject to any conditions specified in the rules, from any decision on an appeal brought by virtue of paragraph (c);
    5. the enforcement of an order for costs; and
    6. the charges or expenses or other disbursements which are to be treated as costs for the purposes of the rules.
  2. The costs to be dealt with by rules made in pursuance of this section may, where an appeal is brought to the Crown Court from the decision of a magistrates’ court, or from the decision of any other court or tribunal, include costs in the proceedings in that court or tribunal.
  3. Subsection (6) of section 51 applies in relation to any civil proceedings in the Crown Court as it applies in relation to any proceedings mentioned in subsection (1) of that section
  4. Nothing in this section authorises the making of rules about the payment of costs out of central funds, whether under the Part II of the Prosecution of Offences Act 1985 or otherwise, but rules made in pursuance of this section may make any such provision as in relation to costs of proceedings in the Crown Court, is contained in section 18 of that Act or in regulations made under section 19 of that Act (awards of party and party costs in criminal proceedings).
  5. Rules made in pursuance of this section may amend or repeal all or any of the provisions of any enactment about costs between party and party in criminal or other proceedings in the Crown Court, being an enactment passed before, or contained in, the Part II of the Prosecution of Offences Act 1985.
  6. Rules made in pursuance of this section shall have effect subject to the provisions of section 41 of, and Schedule 9 to, the Administration of Justice Act 1970 (method of enforcing orders for costs).

Part III. PRACTICE AND PROCEDURE

Heading 1. The Court of Appeal

Subheading 1. Distribution of business

53. Distribution of business between civil and criminal divisions

  1. Rules of court may provide for the distribution of business in the Court of Appeal between the civil and criminal divisions, but subject to any such rules business shall be distributed in accordance with the following provisions of this section.
  2. The criminal division of the Court of Appeal shall exercise—
    1. all jurisdiction of the Court of Appeal under Parts I and II of the Criminal Appeal Act 1968;
    2. the jurisdiction of the Court of Appeal under section 13 of the Administration of Justice Act 1960 (appeals in cases of contempt of court) in relation to appeals from orders and decisions of the Crown Court;
    3. all other jurisdiction expressly conferred on that division by this or any other Act; and
    4. the jurisdiction to order the issue of writs of venire de novo.
  3. The civil division of the Court of Appeal shall exercise the whole of the jurisdiction of that court not exercisable by the criminal division.
  4. Where any class of proceedings in the Court of Appeal is by any statutory provision assigned to the criminal division of that court, rules of court may provide for any enactment relating to—
    1. appeals to the Court of Appeal under Part I of the Criminal Appeal Act 1968; or
    2. any matter connected with or arising out of such appeals,

    to apply in relation to proceedings of that class or, as the case may be, to any corresponding matter connected with or arising out of such proceedings, as it applies in relation to such appeals or, as the case may be, to the relevant matter within paragraph (b), with or without prescribed modifications in either case.

Subheading 2. Composition of court

54. Court of civil division

  1. This section relates to the civil division of the Court of Appeal; and in this section “court”, except where the context otherwise requires, means a court of that division.
  2. Subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges.
  3. The Master of the Rolls may, with the concurrence of the Lord Chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings.
  4. The Master of the Rolls, or any Lord Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings.
  5. The Master of the Rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue.
  6. Where—
    1. an appeal has been heard by a court consisting of an even number of judges; and
    2. the members of the court are equally divided,

    the case shall, on the application of any part to the appeal, be re-argued before and determined by an uneven number of judges not less than three, before any appeal to the Senior Courts.

  7. [Repealed]
  8. [Repealed]
  9. Subsections (1) and (2) of section 70 (assessors in the High Court) shall apply in relation to causes and matters before the civil division of the Court of Appeal as they apply in relation to causes and matters before the High Court.
  10. Provisions for intellectual property
    Subsections (3) and (4) of section 70 (scientific advisers to assist the Patents Court in proceedings under the Patents Act 1949 and the Patents Act 1977) shall apply in relation to the civil division of the Court of Appeal and proceedings on appeal from any decision of the Patents Court in proceedings under those Acts as they apply in relation to the Patents Court and proceedings under those Acts.
  11. [Repealed]

55. Court of criminal division

  1. This section relates to the criminal division of the Court of Appeal; and in this section “court” means a court of that division.
  2. Subject to subsection (6),a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of judges not less than three.
  3. Where—
    1. part of any proceedings before a court has been heard by an uneven number of judges greater than three; and
    2. one or more members of the court are unable to continue,

    the court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three.

  4. Subject to subsection (6),a court shall, if it consists of two judges, be duly constituted for every purpose except—
    1. determining an appeal against—
      1. conviction; or
      2. a verdict of not guilty by reason of insanity; or
      3. a finding under section 4 of the Criminal Procedure (Insanity) Act 1964 (unfitness to plead) that a person is under a disability;
    2. reviewing sentencing under Part IV of the Criminal Justice Act 1988;
    3. determining an application for leave to appeal to the Senior Courts; and
    4. refusing an application for leave to appeal to the criminal division against conviction or any such verdict or finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge.
  5. Where an appeal has been heard by a court consisting of an even number of judges and the members of the court are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three.
  6. A court shall not be duly constituted if it includes more than one Circuit judge acting as a judge of the court under section 9.

56. Judges not to sit on appeal from their own judgments, etc

  1. No judge shall sit as a member of the civil division of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal from a judgment or order made in any case by himself or by any court of which he was a member.
  2. No judge shall sit as a member of the criminal division of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal against—
    1. a conviction before himself or a court of which he was a member; or
    2. a sentence passed by himself or such a court.

56A. Circuit judges not to sit on certain appeals

[Repealed]

56B. Allocation of cases in criminal division

  1. The appeals or classes of appeals suitable for allocation to a court of the criminal division of the Court of Appeal in which a Circuit judge is acting under section 9 shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice after consulting the Lord Chancellor.
  2. In subsection (1) “appeal” includes the hearing of, or any application in proceedings incidental or preliminary to, an appeal.

Subheading 3. Sittings and vacations

57. Sittings and vacations

  1. Sittings of the Court of Appeal may be held, and any other business of the Court of Appeal may be conducted, at any place in England or Wales.
  2. Subject to rules of court—
    1. the places at which the Court of Appeal sits outside the Royal Courts of Justice; and
    2. the days and times at which the Court of Appeal sits at any place outside the Royal Courts of Justice,

    shall be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

  3. Rules of court may make provision for regulating the vacations to be observed by the Court of Appeal and in the offices of that court.
  4. Rules of court—
    1. may provide for securing such sittings of the civil division of the Court of Appeal during vacation as the Master of the Rolls may with the concurrence of the Lord Chancellor determine;
    2. without prejudice to paragraph (a), shall provide for the transaction during vacation by judges of the Court of Appeal of all such business in the civil division of that court as may require to be immediately or promptly transacted; and
    3. shall provide for securing sittings of the criminal division of that court during vacation if necessary.
  5. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Subheading 4. Other provisions

58. Calling into question of incidental decisions in civil division

  1. Rules of court may provide that decisions of the Court of Appeal which—
    1. are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and
    2. do not involve the determination of an appeal or of an application for permission to appeal,

    may be called into question in such manner as may be prescribed.

  2. No appeal shall lie to the Senior Courts from a decision which may be called into question pursuant to rules under subsection (1).

59. Form of judgment of court of criminal division

Any judgment of a court of the criminal division of the Court of Appeal on any question shall, except where the judge presiding over the court states that in his opinion the question is one of law on which it is convenient that separate judgments should be pronounced by members of the court, be pronounced by the judge presiding over the court or by such other member of the court as he directs and, except as aforesaid, no judgment shall be separately pronounced on any question by any member of the court.

60. Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final or interlocutory

  1. Rules of court may provide for orders or judgments of any prescribed description to be treated for any prescribed purpose connected with appeals to the Court of Appeal as final or as interlocutory.
  2. No appeal shall lie from a decision of the Court of Appeal as to whether a judgment or order is, for any purpose connected with an appeal to that court, final or interlocutory.

Heading 2. The High Court

Subheading 1. Distribution of business

61. Distribution of business among Divisions

  1. Subject to any provision made by or under this or any other Act (and in particular to any rules of court made in pursuance of subsection (2) and any order under subsection (3)), business in the High Court of any description mentioned in Schedule 1, as for the time being in force, shall be distributed among the Divisions in accordance with that Schedule.
  2. Rules of court may provide for the distribution of business in the High Court among the Divisions; but any rules made in pursuance of this subsection shall have effect subject to any orders for the time being in force under subsection (3).
  3. Subject to subsection (5), the Lord Chief Justice may, with the concurrence of the Lord Chancellor, by order—
    1. direct that any business in the High Court which is not for the time being assigned by or under this or any other Act to any Division be assigned to such Division as may be specified in the order;
    2. if at any time it appears to the Lord Chief Justice and the Lord Chancellor desirable to do so with a view to the more convenient administration of justice, direct that any business for the time being assigned by or under this or any other Act to any Division be assigned to such other Division as may be specified in the order; and
    3. amend Schedule 1 so far as may be necessary in consequence of provision made by order under paragraph (a) or (b).
  4. The powers conferred by subsection (2) and subsection (3) include power to assign business of any description to two or more Divisions concurrently.
  5. No order under subsection (3)(b) relating to any business shall be made without the concurrence of the senior judge of—
    1. the Division or each of the Divisions to which the business is for the time being assigned; and
    2. the Division or each of the Divisions to which the business is to be assigned by the order.
  6. Subject to rules of court, the fact that a cause or matter commenced in the High Court falls within a class of business assigned by or under this Act to a particular Division does not make it obligatory for it to be allocated or transferred to that Division.
  7. Without prejudice to subsections (1) to (5) and section 63, rules of court may provide for the distribution of the business (other than business required to be heard by a divisional court) in any Division of the High Court among the judges of that Division.
  8. Any order under subsection (3) shall be made by statutory instrument, which shall be laid before Parliament after being made.
  9. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).

62. Business of Patents, Admiralty and Commercial Courts

  1. Provisions for intellectual property
    The Patents Court shall take such proceedings relating to patents as are within the jurisdiction conferred on it by the Patents Act 1977, and such other proceedings relating to patents or other matters as may be prescribed.
  2. The Admiralty Court shall take Admiralty business, that is to say causes and matters assigned to the Queen’s Bench Division and involving the exercise of the High Court’s Admiralty jurisdiction or its jurisdiction as a prize court.
  3. The Commercial Court shall take such causes and matters as may in accordance with rules of court be entered in the commercial list.

63. Business assigned to specially nominated judges

  1. Any business assigned, in accordance with this or any other Act or rules of court, to one or more specially nominated judges of the High Court may—
    1. during vacation; or
    2. during the illness or absence of that judge or any of those judges; or
    3. for any other reasonable cause,

    be dealt with by any judge of the High Court named for that purpose by the Lord Chief Justice after consulting the Lord Chancellor.

  2. If at any time it appears to the Lord Chief Justice, after consulting the Lord Chancellor, to be desirable to do so with a view to the more convenient administration of justice, he may by order direct that business of any description which is for the time being assigned, in accordance with this or any other Act or rules of court, to one or more specially nominated judges of the High Court shall cease to be so assigned and may be dealt with by any one or more judges of the High Court.
  3. An order under subsection (2) shall not be made in respect of any business without the concurrence of the senior judge of the Division to which the business is for the time being assigned.
  4. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (2).

64. Choice of Division by plaintiff

  1. Without prejudice to the power of transfer under section 65, the person by whom any cause or matter is commenced in the High Court shall in the prescribed manner allocate it to whichever Division he thinks fit.
  2. Where a cause or matter is commenced in the High Court, all subsequent interlocutory or other steps or proceedings in the High Court in that cause or matter shall be taken in the Division to which the cause or matter is for the time being allocated (whether under subsection (1) or in consequence of its transfer under section 65).

65. Power of transfer

  1. Any cause or matter may at any time and at any stage thereof, and either with or without application from any of the parties, be transferred, by such authority and in such manner as rules of court may direct, from one Division or judge of the High Court to another Division or judge thereof.
  2. The transfer of a cause or matter under subsection (1) to a different Division or judge of the High Court shall not affect the validity of any steps or proceedings taken or order made in that cause or matter before the transfer.

Subheading 2. Divisional courts

66. Divisional courts of High Court

  1. Structure of the courts
    Divisional courts may be held for the transaction of any business in the High Court which is, by or by virtue of rules of court or any other statutory provision, required to be heard by a divisional court.
  2. Any number of divisional courts may sit at the same time.
  3. A divisional court shall be constituted of not less than two judges.
  4. Every judge of the High Court shall be qualified to sit in any divisional court.
  5. The judge who is, according to the order of precedence under this Act, the senior of the judges constituting a divisional court shall be the president of the court.

Subheading 3. Mode of conducting business

67. Proceedings in court and in chambers

Business in the High Court shall be heard and disposed of in court except in so far as it may, under this or any other Act, under rules of court or in accordance with the practice of the court, be dealt with in chambers.

68. Exercise of High Court jurisdiction otherwise than by judges of that court

  1. Provision may be made by rules of court as to the cases in which jurisdiction of the High Court may be exercised by—
    1. such Circuit judges, deputy Circuit judges or Recorders as the Lord Chief Justice may, after consulting the Lord Chancellor, from time to time nominate to deal with official referees’ business; or
    2. special referees; or
    3. masters, registrars, district registrars or other officers of the court.
  2. Without prejudice to the generality of subsection (1), rules of court may in particular—
    1. authorise the whole of any cause or matter, or any question or issue therein, to be tried before any such person as is mentioned in that subsection; or
    2. authorise any question arising in any cause or matter to be referred to a special referee for inquiry and report.
  3. Rules of court shall not authorise the exercise of powers of attachment and committal by a special referee or any officer or other staff of the court.
  4. Subject to subsection (5), the decision of
    1. any such person as is mentioned in subsection (1) or
    2. any officer or other staff of the court

    may be called in question in such manner as may be prescribed by rules of court, whether by appeal to the Court of Appeal, or by an appeal or application to a divisional court or a judge in court or a judge in chambers, or by an adjournment to a judge in court or a judge in chambers.

  5. Rules of court may provide either generally or to a limited extent for decisions of persons nominated under subsection (1)(a) being called in question only by appeal on a question of law.
  6. The cases in which jurisdiction of the High Court may be exercised by persons nominated under subsection (1)(a) shall be known as “official referees’ business”; and, subject to rules of court, the distribution of official referees’ business among persons so nominated shall be determined in accordance with directions given by the Lord Chief Justice after consulting the Lord Chancellor.
  7. Any reference to an official referee in any enactment, whenever passed, or in rules of court or any other instrument or document, whenever made, shall, unless the context otherwise requires, be construed as, or (where the context requires) as including a reference to a person nominated under subsection (1)(a).
  8. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsections (1)(a) and (6).

69. Trial by jury

  1. Jury trials required
    Where, on the application of any party to an action to be tried in the Queen’s Bench Division, the court is satisfied that there is in issue—
    1. a charge of fraud against that party; or
    2. Protection from false imprisonment
      a claim in respect of malicious prosecution or false imprisonment; or
    3. any question or issue of a kind prescribed for the purposes of this paragraph,

    the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury or unless the court is of opinion that the trial will involve section 6 proceedings.

  2. An application under subsection (1) must be made not later than such time before the trial as may be prescribed.
  3. Jury trials required
    An action to be tried in the Queen’s Bench Division which does not by virtue of subsection (1) fall to be tried with a jury shall be tried without a jury unless the court in its discretion orders it to be tried with a jury.
  4. Jury trials required
    An action in the Queen's Bench Division which by virtue of subsection (1) or (3) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—
    1. is of opinion that the action involves, or will involve, section 6 proceedings, and
    2. in its discretion orders the action to be tried without a jury.
  5. Where the court makes an order under subsection (3A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).
  6. Nothing in subsections (1) to (3B) shall affect the power of the court to order, in accordance with rules of court, that different questions of fact arising in any action be tried by different modes of trial; and where any such order is made, subsection (1) shall have effect only as respects questions relating to any such charge, claim, question or issue as is mentioned in that subsection.
  7. Where for the purpose of disposing of any action or other matter which is being tried in the High Court by a judge with a jury it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.
  8. Jury trials required
    In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

70. Assessors and scientific advisers

  1. In any cause or matter before the High Court the court may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance.
  2. The remuneration, if any, to be paid to an assessor for his services under subsection (1) in connection with any proceedings shall be determined by the court, and shall form part of the costs of the proceedings.
  3. Provisions for intellectual property
    Rules of court shall make provision for the appointment of scientific advisers to assist the Patents Court in proceedings under the Patents Act 1949 and the Patents Act 1977 and for regulating the functions of such advisers.
  4. The remuneration of any such adviser shall be determined by the Lord Chancellor with the concurrence of the Minister for the Civil Service and shall be defrayed out of money provided by Parliament.
  5. Subsections (1) and (2) apply in relation to the family court as they apply in relation to the High Court.

Subheading 4. Sittings and vacations

71. Sittings and vacations

  1. Sittings of the High Court may be held, and any other business of the High Court may be conducted, at any place in England or Wales.
  2. Subject to rules of court—
    1. the places at which the High Court sits outside the Royal Courts of Justice; and
    2. the days and times when the High Court sits at any place outside the Royal Courts of Justice,

    shall be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.

  3. Rules of court may make provision for regulating the vacations to be observed by the High Court and in the offices of that court.
  4. Rules of court—
    1. may provide for securing such sittings of any Division of the High Court during vacation as the senior judge of that Division may with the concurrence of the Lord Chancellor determine; and
    2. without prejudice to paragraph (a), shall provide for the transaction during vacation by judges of the High Court of all such business in the High Court as may require to be immediately or promptly transacted.
  5. Different provision may be made in pursuance of subsection (3) for different parts of the country.
  6. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Subheading 5. Other provisions

Protection from self-incrimination

72. Withdrawal of privilege against incrimination of self or spouse in certain proceedings

  1. In any proceedings to which this subsection applies a person shall not be excused, by reason that to do so would tend to expose that person, or his or her spouse or civil partner, to proceedings for a related offence or for the recovery of a related penalty—
    1. from answering any questions put to that person in the first-mentioned proceedings; or
    2. from complying with any order made in those proceedings.
  2. Subsection (1) applies to the following civil proceedings in the High Court, namely—
    1. Provisions for intellectual property
      proceedings for infringement of rights pertaining to any intellectual property or for passing off;
    2. proceedings brought to obtain disclosure of information relating to any infringement of such rights or to any passing off; and
    3. proceedings brought to prevent any apprehended infringement of such rights or any apprehended passing off.
  3. Subject to subsection (4), no statement or admission made by a person-
    1. in answering a question put to him in any proceedings to which subsection (1) applies; or
    2. in complying with any order made in any such proceedings,

    shall, in proceedings for any related offence or for the recovery of any related penalty, be admissible in evidence against that person or (unless they married or became civil partners after the making of the statement or admission) against the spouse or civil partner of that person.

  4. Nothing in subsection (3) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceedings for perjury or contempt of court.
  5. In this section—
    • Provisions for intellectual property
      “intellectual property” means any patent, trade mark, copyright , design right, registered design, technical or commercial information or other intellectual property;

      “related offence”, in relation to any proceedings to which subsection (1) applies, means—

      1. in the case of proceedings within subsection (2)(a) or (b)—
        1. any offence committed by or in the course of the infringement or passing off to which those proceedings relate; or
        2. any offence not within sub-paragraph (i) committed in connection with that infringement or passing off, being an offence involving fraud or dishonesty;
      2. in the case of proceedings within subsection (2)(c), any offence revealed by the facts on which the plaintiff relies in those proceedings;

      “related penalty”, in relation to any proceedings to which subsection (1) applies means—

      1. in the case of proceedings within subsection (2)(a) or (b), any penalty incurred in respect of anything done or omitted in connection with the infringement or passing off to which those proceedings relate;
      2. in the case of proceedings within subsection (2)(c), any penalty incurred in respect of any act or omission revealed by the facts on which the plaintiff relies in those proceedings.
  6. Any reference in this section to civil proceedings in the High Court of any description includes a reference to proceedings on appeal arising out of civil proceedings in the High Court of that description.

Heading 3. The Crown Court

Subheading 1. Composition of court

73. General provisions

  1. Subject to the provisions of section 8(1)(c), 74 and 75(2) as respects courts comprising justices of the peace, all proceedings in the Crown Court shall be heard and disposed of before a single judge of that court.
  2. Rules of court may authorise or require a judge of the High Court, Circuit judge , Recorder or qualifying judge advocate, in such circumstances as are specified by the rules, at any stage to continue with any proceedings with a court from which any one or more of the justices initially constituting the court has withdrawn, or is absent for any reason.
  3. Where a judge of the High Court, Circuit judge ,Recorder or qualifying judge advocate sits with justices of the peace he shall preside, and—
    1. the decision of the Crown Court may be a majority decision; and
    2. if the members of the court are equally divided, the judge of the High Court, Circuit judge, Recorder or qualifying judge advocate shall have a second and casting vote.

74. Appeals and committals for sentence

  1. On any hearing by the Crown Court—
    1. of any appeal;
    2. [Repealed]

    the Crown Court shall consist of a judge of the High Court or a Circuit judge or a Recorder or a qualifying judge advocate who, subject to the following provisions of this section, shall sit with not less than two nor more than four justices of the peace.

  2. Rules of court may, with respect to hearings falling within subsection (1)—
    1. prescribe the number of justices of the peace constituting the court (within the limits mentioned in that subsection); and
    2. prescribe the qualifications to be possessed by any such justices of the peace;

    and the rules may make different provision for different descriptions of cases, different places of sitting or other different circumstances.

  3. Rules of court may authorise or require a judge of the High Court, Circuit judge, Recorder or qualifying judge advocate, in such circumstances as are specified by the rules, to enter on, or at any stage to continue with, any proceedings with a court not comprising the justices required by subsections (1) and (2).
  4. The Lord Chancellor may from time to time, having regard to the number of justices, or the number of justices with any prescribed qualifications, available for service in the Crown Court, give directions providing that, in such descriptions of proceedings as may be specified by the Lord Chancellor, the provisions of subsections (1) and (2) shall not apply.
  5. Directions under subsection (4) may frame descriptions of proceedings by reference to the place of trial, or by reference to the time of trial, or in any other way.
  6. Before exercising any functions under subsection (4), the Lord Chancellor must consult the Lord Chief Justice.
  7. No decision of the Crown Court shall be questioned on the ground that the court was not constituted as required by or under subsections (1) and (2) unless objection was taken by or on behalf of a party to the proceedings not later than the time when the proceedings were entered on, or when the alleged irregularity began.
  8. Rules of court may make provision as to the circumstances in which—
    1. a person concerned with a decision appealed against is to be disqualified from hearing the appeal;
    2. [Repealed]
    3. proceedings on the hearing of an appeal are to be valid notwithstanding that any person taking part in them is disqualified.
  9. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Subheading 2. Distribution of business

75. Allocation of cases according to composition of court, etc

  1. The cases or classes of cases in the Crown Court suitable for allocation respectively to a judge of the High Court, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts), and all other matters relating to the distribution of Crown Court business, shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.
  2. Subject to section 74(1), the cases or classes of cases in the Crown Court suitable for allocation to a court comprising justices of the peace (including those by way of trial on indictment which are suitable for allocation to such a court) shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.

76. Committal for trial: alteration of place of trial

  1. Without prejudice to the provisions of this Act about the distribution of Crown Court business, the Crown Court may give directions, or further directions, altering the place of any trial on indictment, whether by varying the decision of a magistrates’ court under section 7 of the Magistrates’ Courts Act 1980 or by substituting some other place for the place specified in a notice under a relevant transfer provision (notices of transfer from magistrates’ court to Crown Court) or by varying a previous decision of the Crown Court.
  2. Directions under subsection (1) may be given on behalf of the Crown Court by an officer of the court.
  3. Where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987, directions altering the place of trial may be given under subsection (1) at any time before the time when the jury are sworn.
  4. The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
  5. The defendant or the prosecutor, if dissatisfied with the place of trial as fixed by the magistrates’ court, as specified in a notice under a relevant transfer provision or as fixed by the Crown Court, may apply to the Crown Court for a direction, or further direction, varying the place of trial; and the court shall take the matter into consideration and may comply with or refuse the application, or give a direction not in compliance with the application, as the court thinks fit.
  6. [Repealed]
  7. In this section “relevant transfer provision” means—
    1. section 4 of the Criminal Justice Act 1987, or
    2. section 53 of the Criminal Justice Act 1991.

77. Committal for trial: date of trial

  1. Right to speedy trial
    Criminal Procedure Rules shall prescribe the minimum and the maximum period which may elapse between a person’s being sent for trial and the beginning of the trial; and such rules may make different provision for different places of trial and for other different circumstances.
  2. The trial of a person sent for trial—
    1. shall not begin until the prescribed minimum period has expired except with his consent and the consent of the prosecutor;and
    2. Right to speedy trial
      shall not begin later than the expiry of the prescribed maximum period unless a judge of the Crown Court otherwise orders.
  3. For the purposes of this section the prescribed minimum and maximum periods shall begin with the date when the defendant is sent for trial and the trial shall be taken to begin when the defendant is arraigned.
  4. In this section “relevant transfer provision” means—
    1. section 4 of the Criminal Justice Act 1987, or
    2. section 53 of the Criminal Justice Act 1991.

Subheading 3. Sittings

78. Sittings

  1. Any Crown Court business may be conducted at any place in England or Wales, and the sittings of the Crown Court at any place may be continuous or intermittent or occasional.
  2. Judges of the Crown Court may sit simultaneously to take any number of different cases in the same or different places, and may adjourn cases from place to place at any time.
  3. The places at which the Crown Court sits, and the days and times at which the Crown Court sits at any place, shall be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.
  4. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Subheading 4. Other provisions

79. Practice and procedure in connection with indictable offences and appeals

  1. All enactments and rules of law relating to procedure in connection with indictable offences shall continue to have effect in relation to proceedings in the Crown Court.
  2. Without prejudice to the generality of subsection (1), that subsection applies in particular to—
    1. the practice by which, on any one indictment, the taking of pleas, the trial by jury and the pronouncement of judgment may respectively be by or before different judges;
    2. the release, after respite of judgment, of a convicted person on recognizance to come up for judgment if called on, but meanwhile to be of good behaviour;
    3. the manner of trying any question relating to the breach of a recognizance;
    4. the manner of execution of any sentence on conviction, or the manner in which any other judgment or order given in connection with trial on indictment may be enforced.
  3. The customary practice and procedure with respect to appeals to the Crown Court, and in particular any practice as to the extent to which an appeal is by way of rehearing of the case, shall continue to be observed.

80. Process to compel appearance

  1. Any direction to appear and any condition of a recognizance to appear before the Crown Court, and any summons or order to appear before that court, may be so framed as to require appearance at such time and place as may be directed by the Crown Court, and if a time or place is specified in the direction, condition, summons or order, it may be varied by any subsequent direction of the Crown Court.
  2. Where an indictment has been signed although the person charged has not been sent for trial, the Crown Court may issue a summons requiring that person to appear before the Crown Court, or may issue a warrant for his arrest.
  3. Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to process issued under this section as it applies to process issued under the Magistrates’ Courts Act 1980 by a magistrates’ court.

81. Bail

  1. The Crown Court may, subject to section 25 of the Criminal Justice and Public Order Act 1994, grant bail to any person—
    1. who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provisionor who has been sent in custody to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; or
    2. who is in custody pursuant to a sentence imposed by a magistrates’ court, and who has appealed to the Crown Court against his conviction or sentence; or
    3. who is in the custody of the Crown Court pending the disposal of his case by that court; or
    4. who, after the decision of his case by the Crown Court, has applied to that court for the statement of a case for the High Court on that decision; or
    5. who has applied to the High Court for a quashing order to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application; or
    6. to whom the Crown Court has granted a certificate under section 1(2) or 11(1A) of the Criminal Appeal Act 1968 or under subsection (1B) below;or
    7. who has been remanded in custody by a magistrates’ court on adjourning a case under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or—
      1. section 5 (adjournment of inquiry into offence);
      2. section 10 (adjournment of trial); or
      3. section 18 (initial procedure on information against adult for offence triable either way);
      4. [Repealed]

    and the time during which a person is released on bail under any provision of this subsection shall not count as part of any term of imprisonment or detention under his sentence.

  2. The power conferred by subsection (1)(f) does not extend to a case to which section 12 or 15 of the Criminal Appeal Act 1968 (appeal against verdict of not guilty by reason of insanity or against findings that the accused is under a disability and that he did the act or made the omission charged against him) applies.
  3. A certificate under this subsection is a certificate that a case is fit for appeal on a ground which involves a question of law alone.
  4. The power conferred by subsection (1)(f) is to be exercised—
    1. where the appeal is under section 1 or 9 of the Criminal Appeal Act 1968, by the judge who tried the case; and
    2. where it is under section 10 of that Act, by the judge who passed the sentence.
  5. The power may only be exercised within twenty-eight days from the date of the conviction appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.
  6. The power may not be exercised if the appellant has made an application to the Court of Appeal for bail in respect of the offence or offences to which the appeal relates.
  7. It shall be a condition of bail granted in the exercise of the power that, unless a notice of appeal has previously been lodged in accordance with subsection (1) of section 18 of the Criminal Appeal Act 1968—
    1. such a notice shall be so lodged within the period specified in subsection (2) of that section; and
    2. not later than 14 days from the end of that period, the appellant shall lodge with the Crown Court a certificate from the registrar of criminal appeals that a notice of appeal was given within that period.
  8. If the Crown Court grants bail to a person in the exercise of the power, it may direct him to appear—
    1. if a notice of appeal is lodged within the period specified in section 18(2) of the Criminal Appeal Act 1968 at such time and place as the Court of Appeal may require; and
    2. if no such notice is lodged within that period, at such time and place as the Crown Court may require.
  9. Where the Crown Court grants a person bail under subsection (1)(g) it may direct him to appear at a time and place which the magistrates’ court could have directed and the recognizance of any surety shall be conditioned accordingly.
  10. The Crown Court may only grant bail to a person under subsection (1)(g) if the magistrates’ court which remanded him in custody has certified under section 5(6A) of the Bail Act 1976 that it heard full argument on his application for bail before it refused the application.
  11. Provision may be made by rules of court as respects the powers of the Crown Court relating to bail, including any provision—
    1. except in the case of bail in criminal proceedings (within the meaning of the Bail Act 1976), allowing the court instead of requiring a person to enter into a recognizance, to consent to his giving other security;
    2. allowing the court to direct that a recognizance shall be entered into or other security given before a magistrates’ court or a justice of the peace, or, if the rules so provide, a person of such other description as is specified in the rules;
    3. prescribing the manner in which a recognizance is to be entered into or other security given, and the persons by whom and the manner in which the recognizance or security may be enforced;
    4. authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody in pursuance of the powers;
    5. making provision corresponding to sections 118 and 119 of the Magistrates’ Courts Act 1980 (varying or dispensing with requirements as to sureties, and postponement of taking recognizances).
  12. Any reference in any enactment to a recognizance shall include, unless the context otherwise requires, a reference to any other description of security given instead of a recognizance, whether in pursuance of subsection (2)(a) or otherwise.
  13. The Crown Court, on issuing a warrant for the arrest of any person, may endorse the warrant for bail, and in any such case—
    1. the person arrested under the warrant shall, unless the Crown Court otherwise directs, be taken to a police station; and
    2. the officer in charge of the station shall release him from custody if he, and any sureties required by the endorsement and approved by the officer, enter into recognizances of such amount as may be fixed by the endorsement:

    Provided that in the case of bail in criminal proceedings (within the meaning of the Bail Act 1976) the person arrested shall not be required to enter into a recognizance.

  14. A person in custody in pursuance of a warrant issued by the Crown Court with a view to his appearance before that court shall be brought forthwith before either the Crown Court or a magistrates’ court.
  15. A magistrates’ court shall have jurisdiction, and a justice of the peace may act, under or in pursuance of rules under subsection (2) whether or not the offence was committed, or the arrest was made, within the court’s area, or the area for which he was appointed.
  16. In subsection (1) above “relevant transfer provision” means—
    1. section 4 of the Criminal Justice Act 1987, or
    2. section 53 of the Criminal Justice Act 1991.

82. Duties of officers of Crown Court

  1. The officers of the Crown Court shall be responsible for the keeping of the records of the proceedings of the court, the signing of indictments, the notification to the parties or their legal advisers of the place and time appointed for any proceedings, and such other formal or administrative matters as may be specified by directions given by the Lord Chancellor after consulting the Lord Chief Justice.
  2. Officers of the Crown Court shall in particular give effect to any orders or directions of the court for taking into custody, and detaining, any person committing contempt of court, and shall execute any order or warrant duly issued by the court for the committal of any person to prison for contempt of court.
  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

83. [Repealed]

Heading 4. Rules of Court

84. Power to make rules of court

  1. Rules of court may be made by the Lord Chief Justice for the purpose of regulating and prescribing , except in relation to any criminal cause or matter, the practice and procedure to be followed in the Crown Court.
  2. Without prejudice to the generality of subsection (1), the matters about which rules of court may be made under this section include all matters of practice and procedure in the Senior Courts which were regulated or prescribed by rules of court immediately before the commencement of this Act.
  3. No provision of this or any other Act, or contained in any instrument made under any Act, which—
    1. authorises or requires the making of rules of court about any particular matter or for any particular purpose; or
    2. provides (in whatever words) that the power to make rules of court under this section is to include power to make rules about any particular matter or for any particular purpose,

    shall be taken as derogating from the generality of subsection (1).

  4. Rules made under this section shall have effect subject to any special rules for the time being in force in relation to proceedings in the Senior Courts of any particular kind.
  5. Special rules may apply—
    1. any rules made under this section,
    2. Civil Procedure Rules,
    3. Criminal Procedure Rules, or
    4. Family Procedure Rules,

    to proceedings to which the special rules apply.

  6. Rules made under this section may apply—
    1. any special rules,
    2. Civil Procedure Rules,
    3. Criminal Procedure Rules, or
    4. Family Procedure Rules,

    to proceedings to which rules made under this section apply.

  7. Where rules may be applied under subsection (5) or (5A), they may be applied—
    1. to any extent,
    2. with or without modification, and
    3. as amended from time to time.
  8. No rule which may involve an increase of expenditure out of public funds may be made under this section except with the concurrence of the Treasury, but the validity of any rule made under this section shall not be called in question in any proceedings in any court either by the court or by any party to the proceedings on the ground only that it was a rule as to the making of which the concurrence of the Treasury was necessary and that the Treasury did not concur or are not expressed to have concurred.
  9. [Repealed]
  10. In this section “special rules” means rules applying to proceedings of any particular kind in the Senior Courts, being rules made by an authority other than the Civil Procedure Rule Committee, the Family Procedure Rule Committee or the Criminal Procedure Rule Committee under any provision of this or any other Act which (in whatever words) confers on that authority power to make rules in relation to proceedings of that kind in the Senior Courts.
  11. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice’s functions under this section.

85. The Senior Courts Rule Committee

  1. The power to make rules of court under section 84 in relation to the High Court and the civil division of the Court of Appeal shall be exercisable by the Lord Chancellor together with any four or more of the following persons, namely—
    1. the Lord Chief Justice,
    2. the Master of the Rolls,
    3. the President of the Family Division,
    4. the Vice-Chancellor,
    5. three other judges of the Senior Courts,
    6. two persons who have a Senior Courts qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); and
    7. two persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Senior Courts.
  2. The persons mentioned in subsection (1), acting in pursuance of that subsection, shall be known as “the Senior Courts Rule Committee”.
  3. The persons to act in pursuance of subsection (1) with the Lord Chancellor, other than those eligible to act by virtue of their office, shall be appointed by the Lord Chancellor for such time as he may think fit.
  4. Before appointing a person under paragraph (f) or (g) of subsection (1), the Lord Chancellor shall consult any authorised body with members who are eligible for appointment under that paragraph.

86. The Crown Court Rule Committee

[Repealed]

86A. Process for making rules of court under section 84

  1. Crown Court rules must be submitted to the Lord Chancellor after being made by the Lord Chief Justice.
  2. The Lord Chancellor may allow or disallow rules so made.
  3. If the Lord Chancellor disallows rules, he must give the Lord Chief Justice written reasons for doing so.
  4. Rules so made and allowed by the Lord Chancellor—
    1. come into force on such day as the Lord Chancellor directs, and
    2. are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.
  5. A statutory instrument containing Crown Court rules is subject to annulment in pursuance of a resolution of either House of Parliament.
  6. In this section and section 86B “Crown Court rules” means rules of court made under section 84.

86B. Rules to be made if required by Lord Chancellor

  1. This section applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for Crown Court rules to include provision that would achieve a purpose specified in the notice.
  2. The Lord Chief Justice must make such Crown Court rules as the Lord Chief Justice considers necessary to achieve the specified purpose.
  3. Those rules must be—
    1. made within a reasonable period after the Lord Chancellor gives notice to the Lord Chief Justice;
    2. made in accordance with section 86A.

87. Particular matters for which rules of court may provide

  1. Rules of court may make provision for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings in the High Court or in the civil division of the Court of Appeal or on any application in connection with or at any stage of any such proceedings.
  2. Rules of court may make provision—
    1. for enabling proceedings to be commenced in the High Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or administration has been made;
    2. for enabling proceedings purporting to have been commenced in that court against a person to be treated, if he was dead at their commencement, as having been commenced against his estate, whether or not a grant of probate or administration was made before their commencement; and
    3. for enabling any proceedings commenced or treated as commenced in that court against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) against a person appointed to represent the estate or, if a grant of probate or administration is or has been made, against the personal representatives.
  3. Rules of court made under section 84 may amend or repeal any statutory provision relating to the practice and procedure of the Crown Court (except so far as relating to criminal causes or matters) so far as may be necessary in consequence of provision made by the rules.
  4. Criminal Procedure Rules may require courts from which an appeal lies to the criminal division of the Court of Appeal to furnish that division with any assistance or information which it may request for the purpose of exercising its jurisdiction.
  5. Rules of court made under section 84 may amend or repeal any statutory provision about appeals to the Crown Court so far as it relates to the practice and procedure with respect to such appeals (except so far as relating to criminal causes or matters).

Part IV. OFFICERS AND OFFICES

Subheading 1. Appointment of certain officers of Senior Courts

Eligibility for ordinary court judges

88. Qualification for office

A person shall not be qualified for appointment to any office in the Senior Courts listed in column 1 of any Part of Schedule 2 unless he is a person of any description specified in relation to that office in column 2 of that Part.

89. Masters and registrars

  1. Ordinary court selection
    The power to make appointments to the offices in the Senior Courts listed in column 1 of Parts II and III of Schedule 2 shall be exercisable by Her Majesty.
  2. The maximum number of appointments under subsection (1) is such as may be determined from time to time by the Lord Chancellor with the concurrence of the Treasury.
  3. The person appointed to the office of Queen’s coroner and attorney and master of the Crown Office and Registrar of criminal appeals shall, by virtue of his appointment, be a master of the Queen’s Bench Division.
  4. Ordinary court selection
    Her Majesty shall, on the recommendation of the Lord Chancellor, appoint a person to each office listed in the first column of the table in subsection (3C) (“a senior office”).
  5. Eligibility for ordinary court judges
    A person may be appointed to a senior office only if—
    1. he holds the office in the corresponding entry in the second column of that table (“the qualifying office”), or
    2. he does not hold the qualifying office but could be appointed to it in compliance with section 88.
  6. Where a person who is to be appointed to a senior office meets the condition in subsection (3A)(b) he shall, when appointed to the senior office, also be appointed to the qualifying office.
  7. This is the table referred to in subsections (3) and (3A)—
    Eligibility for ordinary court judges, Ordinary court selection

    Table

    Key: Column 1 = Senior office; Column 2 = Qualifying office

    Row 1

    Column 1

    Senior Master of the Queen's Bench Division;

    Column 2

    Master of the Queen's Bench Division

    Row 2

    Column 1

    Chief Chancery Master;

    Column 2

    Master of the Chancery Division

    Row 3

    Column 1

    Chief Taxing Master;

    Column 2

    Taxing master of the Senior Courts

    Row 4

    Column 1

    Chief Bankruptcy Registrar;

    Column 2

    Registrar in bankruptcy of the High Court

    Row 5

    Column 1

    Senior District Judge of the Family Division;

    Column 2

    Registrar of the Principal Registry of the Family Division

  8. The person appointed Senior Master of the Queen's Bench Division shall hold and perform the duties of the offices of the Queen’s Remembrancer and registrar of judgments.
  9. [Repealed]
  10. [Repealed]
  11. [Repealed]
  12. Protection of judges' salaries
    A person appointed under subsection (1) is to be paid such salary, and a person appointed to a senior office is to be paid such additional salary, as may be determined by the Lord Chancellor with the concurrence of the Treasury.
  13. Protection of judges' salaries
    A salary payable under or by virtue of this section—
    1. may in any case be increased, but
    2. may not, in the case of a salary payable in respect of an office listed in column 1 of Part 2 of Schedule 2 or of a senior office, be reduced,

    by a determination or further determination under this section.

  14. Salaries payable under or by virtue of this section shall be paid out of money provided by Parliament.

90. Official Solicitor

  1. There shall continue to be an Official Solicitor to the Senior Courts, who shall be appointed by the Lord Chancellor.
  2. There shall be paid to the Official Solicitor out of money provided by Parliament such salary as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.
  3. The Official Solicitor shall have such powers and perform such duties as may for the time being be conferred or imposed on the holder of that office—
    1. by or under this or any other Act; or
    2. by or in accordance with any direction given (before or after the commencement of this Act) by the Lord Chancellor.
  4. The holder for the time being of the office of Official Solicitor shall have the right to conduct litigation in relation to any proceedings.
  5. When acting as Official Solicitor a person who would otherwise have the right to conduct litigation by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) shall be treated as having acquired that right solely by virtue of subsection (3A).
  6. If—
    1. the Official Solicitor is not available because of his absence or for some other reason; or
    2. his office is vacant,

    then, during such unavailability or vacancy, any powers or duties of the Official Solicitor shall be exercisable or fall to be performed by any person for the time being appointed by the Lord Chancellor as deputy to the Official Solicitor (and any property vested in the Official Solicitor may accordingly be dealt with by any such person in all respects as if it were vested in him instead).

91. Deputies and temporary appointments

  1. Eligibility for ordinary court judges, Supreme/ordinary court judge removal
    If it appears to the Lord Chief Justice, after consulting the Lord Chancellor, that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts or any other court or tribunal to which a person appointed under this subsection may be deployed, he may appoint a person—
    1. to act as a deputy for any person holding an office listed in column 1 of Part II of Schedule 2; or
    2. to act as a temporary additional officer in any such office,

    during such period or on such occasions as the Lord Chief Justice may, after consulting the Lord Chancellor, think fit.

  2. Ordinary court selection
    The Lord Chief Justice may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chancellor.
  3. Ordinary court selection
    If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the Senior Courts, he may appoint a person—
    1. to act as a deputy for any person holding an office listed in column 1 of Part 3 of Schedule 2; or
    2. to act as a temporary additional officer in any such office,

    during such period or on such occasions as the Lord Chancellor may think fit.

  4. Eligibility for ordinary court judges
    Subject to subsection (3), a person shall not be qualified for appointment under this section if the office in which he would act by virtue of the appointment is one to which he is not qualified for permanent appointment.
  5. Eligibility for ordinary court judges
    A person may be appointed under this section if he would, but for his age, be qualified for permanent appointment to the office in question and he has previously held a permanent appointment to that office or—
    1. where the office in question is listed in column 1 of Part II of Schedule 2, to any other office so listed; or
    2. where the office in question is listed in column 1 of Part III of that Schedule, to any other office listed in column 1 of either Part II or Part III; or
    3. (whatever the office in question) to the office of county court registrar,

    but no appointment by virtue of this subsection shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years.

  6. Every person, while acting under this section, shall have all the jurisdiction of a person permanently appointed to the office in which he is acting.
  7. [Repealed]
  8. The Lord Chancellor may, out of money provided by Parliament, pay to any person appointed under this section such remuneration and allowances as he may, with the concurrence of the Minister for the Civil Service, determine.
  9. Supreme/ordinary court judge removal
    A person appointed under subsection (1) may be removed from office—
    1. only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
    2. only on—
      1. the ground of inability or misbehaviour, or
      2. a ground specified in the person's terms of appointment.
  10. Subject to subsection (6C), the period of a person's appointment under subsection (1) (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry; and for this purpose a person appointed under subsection (1) to act under this section on certain occasions is to be treated as having been appointed for a period that expires when the occasions end.
  11. Extension under subsection (6B)—
    1. requires the person's agreement,
    2. is to be for such period as the Lord Chancellor thinks fit, and
    3. may be refused on—
      1. the ground of inability or misbehaviour, or
      2. a ground specified in the person's terms of appointment,

      but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

  12. Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under subsection (1) is to hold and vacate office in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
  13. The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (6A)(a).

Subheading 2. Other provisions relating to officers of Senior Courts

92. Tenure of office.

  1. Mandatory retirement age for judges
    Subject to the following provisions of this section and to subsections (4) to (6) of section 26 of the Judicial Pensions and Retirement Act 1993 (Lord Chancellor’s power to authorise continuance in office up to the age of 75), a person who holds an office to which this subsection applies shall vacate it on the day on which he attains the age of seventy years.
  2. Mandatory retirement age for judges
    Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2.
  3. Mandatory retirement age for judges
    Subject to the following provisions of this section, a person who holds an office to which this subsection applies shall vacate it at the end of the completed year of service in the course of which he attains the age of sixy-two years.
  4. Mandatory retirement age for judges
    Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2.
  5. [Repealed]
  6. [Repealed]
  7. [Repealed]
  8. [Repealed]
  9. Mandatory retirement age for judges
    Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (2A) applies after the time when he would otherwise retire in accordance with that subsection, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which he attains the age of sixty-five years, as he thinks fit.
  10. Supreme/ordinary court judge removal
    A person appointed to an office listed in column 1 of Part 1 or 2 of Schedule 2 shall hold that office during good behaviour.
  11. Supreme/ordinary court judge removal
    The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor with the concurrence of the Lord Chief Justice.
  12. Supreme/ordinary court judge removal
    The Lord Chancellor may also , with the concurrence of the Lord Chief Justice, remove such a person from his office on account of inability to perform the duties of his office.
  13. A person appointed to an office listed in column 1 of Part III of Schedule 2 shall hold that office during Her Majesty’s pleasure.
  14. It is for the Lord Chancellor to recommend to Her Majesty the exercise of any power under subsection (7).

93. Status of officers for purposes of salary and pension

  1. Subject to subsection (2), any person who holds an office listed in column 1 of any Part of Schedule 2 or the office of Accountant General of the Senior Courts and is not employed in the civil service of the State shall be deemed to be so employed for the purposes of salary and pension.
  2. Subsection (1), so far as it relates to pension, shall not apply to a person holding qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993.

94. [Repealed]

95. Property held by officers

Any property held in his official capacity by a person holding an office listed in column 1 of Part II of Schedule 2 or by the Official Solicitor shall, on his dying or ceasing to hold office, vest in the person appointed to succeed him without any conveyance, assignment or transfer.

Subheading 3. Central Office and Accountant General

96. Central Office

  1. The Central Office of the Senior Courts shall perform such business as the Lord Chief Justice may, with the concurrence of the Lord Chancellor, direct.
  2. Subject to any direction under subsection (1), the Central Office shall perform such business as it performed immediately before the commencement of this Act.
  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

97. Accountant General

  1. There shall continue to be an Accountant General of, and an accounting department for, the Senior Courts.
  2. The Lord Chancellor shall appoint such person as he thinks fit to the office in the Senior Courts of Accountant General of the Senior Courts and the person so appointed shall hold and vacate office in accordance with the terms of his appointment.
  3. The Accountant General shall be paid such salary or fees as the Lord Chancellor determines with the consent of the Treasury.
  4. If one person holds office both as the Accountant General and as the Public Trustee then, if he ceases to be the Public Trustee, he shall also cease to be the Accountant General unless the Lord Chancellor otherwise directs.
  5. If a vacancy occurs in the office of Accountant General or the person appointed to hold the office is for any reason unable to act for any period such person as the Lord Chancellor appoints as deputy in that office shall, during the vacancy or that period, perform the functions of that office (and any property vested in the Accountant General may accordingly be dealt with by the deputy in all respects as if it were vested in him instead).

Subheading 4. Judges’ clerks and secretaries

98. Judges’ clerks and secretaries

  1. A clerk and a secretary shall be attached to each of the following judges of the Senior Courts, namely the Lord Chief Justice, the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court.
  2. A clerk shall be attached to each of the following judges of the Senior Courts, namely the Lords Justices of Appeal and the puisne judges of the High Court.
  3. Any clerk or secretary attached as mentioned in subsection (1) or (2)—
    1. shall be appointed by the Lord Chancellor; and
    2. if not already employed in the civil service of the State shall be deemed for all purposes to be so employed.
  4. If at any time it appears to any of the judges mentioned in subsection (1) desirable that there should be attached to him a legal secretary (that is to say a secretary with legal qualifications) in addition to the secretary provided for by that subsection, he may, with the concurrence of the Lord Chancellor, appoint a person who has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) as his legal secretary.
  5. An appointment under subsection (4) may be on either a full-time or a part-time basis; and a person appointed by a judge as his legal secretary shall, except as regards remuneration, hold and vacate that office in accordance with such terms as the judge may, with the concurrence of the Lord Chancellor, determine when making the appointment.
  6. A person appointed under subsection (4)—
    1. shall not be treated as employed in the civil service of the State by reason only of that appointment; and
    2. if the Lord Chancellor so determines in his case, shall be paid out of money provided by Parliament such remuneration as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service, determine.

Subheading 5. District registries and district registrars

99. District registries

  1. The Lord Chancellor may , after consulting the Lord Chief Justice, by order direct that there shall be district registries of the High Court at such places and for such districts as are specified in the order.
  2. Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.
  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

100. District judges

  1. Ordinary court selection
    The Lord Chief Justice, after consulting the Lord Chancellor—
    1. may assign a district judge to one or more district registries;
    2. may change an assignment so as to assign the district judge to a different district registry or registries (or to no district registry).
  2. A reference in any enactment or other instrument to the district judge of a district registry is a reference to any district judge assigned to the registry concerned.
  3. Every district judge is, by virtue of his office, capable of acting in any district registry whether or not assigned to it, but may do so only in accordance with arrangements made by or on behalf of the Lord Chief Justice.
  4. Ordinary court selection
    Whilst a district judge is assigned to one or more district registries in accordance with subsection (1) he is a district judge of the High Court.

101. [Repealed]

102. Deputy district registrars

  1. Eligibility for ordinary court judges, Ordinary court selection, Mandatory retirement age for judges
    If it appears to the Lord Chief Justice that it is expedient to do so in order to facilitate the disposal of business in the High Court or any other court or tribunal to which a person appointed under this subsection may be deployed, he may appoint a person to be a deputy district judge.
  2. Eligibility for ordinary court judges
    A person is qualified for appointment under subsection (1) only if the person—
    1. is qualified for appointment as a district judge, or
    2. holds, or has held, the office of district judge.
  3. Mandatory retirement age for judges, Eligibility for ordinary court judges
    The Lord Chief Justice may not appoint a person under subsection (1) without the concurrence of the Lord Chancellor if the person—
    1. holds the office of district judge, or
    2. ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.
  4. Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.
  5. [Repealed]
  6. Mandatory retirement age for judges
    No appointment to which subsection (1B) applies shall be such as to extend beyond the day on which the person in question attains the age of seventy-five years.
  7. Ordinary court selection
    The Lord Chief Justice, after consulting the Lord Chancellor—
    1. may assign a deputy district judge appointed under this section to one or more district registries;
    2. may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).
  8. A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.
  9. Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.
  10. Subsection (6) of section 91 applies in relation to a deputy district judge appointed under this section as it applies in relation to a person appointed under that section.
  11. Supreme/ordinary court judge removal
    A person appointed under this section may be removed from office as a deputy district judge—
    1. only by the Lord Chancellor with the agreement of the Lord Chief Justice, and
    2. only on—
      1. the ground of inability or misbehaviour, or
      2. a ground specified in the person's terms of appointment.
  12. Subject to subsection (5ZC), the term of a person's appointment under this section (including a term already extended under this subsection) must be extended by the Lord Chancellor before its expiry.
  13. Extension under subsection (5ZB)—
    1. requires the person's agreement,
    2. is to be for such term as the Lord Chancellor thinks fit, and
    3. may be refused on—
      1. the ground of inability or misbehaviour, or
      2. a ground specified in the person's terms of appointment,

      but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

  14. Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a deputy district judge in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.
  15. The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (5ZA)(a).
  16. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4A).
  17. [Repealed]

103. [Repealed]

Subheading 6. District probate registries

104. District probate registries

  1. The Lord Chancellor may , after consulting the Lord Chief Justice, by order direct that there shall be district probate registries of the High Court at such places and for such districts as are specified in the order.
  2. Any order under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.
  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Part V. PROBATE CAUSES AND MATTERS

Subheading 1. Procedure in probate registries in relation to grants of representation

105. Applications

Applications for grants of probate or administration and for the revocation of grants may be made to—

  1. the Principal Registry of the Family Division (in this Part referred to as “the Principal Registry”); or
  2. a district probate registry.

106. Grants by district probate registrars

  1. Any grant made by a district probate registrar shall be made in the name of the High Court under the seal used in the registry.
  2. [Repealed]
  3. [Repealed]
  4. [Repealed]

107. No grant where conflicting applications

Subject to probate rules, no grant in respect of the estate, or part of the estate, of a deceased person shall be made out of the Principal Registry or any district probate registry on any application if, at any time before the making of a grant, it appears to the registrar concerned that some other application has been made in respect of that estate or, as the case may be, that part of it and has not been either refused or withdrawn.

108. Caveats

  1. A caveat against a grant of probate or administration may be entered in the Principal Registry or in any district probate registry.
  2. On a caveat being entered in a district probate registry, the district probate registrar shall immediately send a copy of it to the Principal Registry to be entered among the caveats in that Registry.

109. Refusal of grant where capital transfer tax unpaid

  1. No grant shall be made, and no grant made outside the United Kingdom shall be resealed, except—
    1. on the production of information or documents under regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or
    2. on the production of an account prepared in pursuance of that Act showing by means of such receipt or certification as may be prescribed by the Commissioners either—
      1. that the inheritance tax payable on the delivery of the account has been paid; or
      2. that no such tax is so payable.
  2. Arrangements may be made between the President of the Family Division and the Commissioners providing for the purposes of subsection (1)(b) in such cases as may be specified in the arrangements that the receipt of certification of an account may be dispensed with or that some other document may be substituted for the account required by the Capital Transfer Tax Act 1984.
  3. In this section and the following section, “the Commissioners” means the Commissioners of Inland Revenue
  4. [Repealed]

110. Documents to be delivered to Commissioners of Inland Revenue

Subject to any arrangements which may from time to time be made between the President of the Family Division and the Commissioners, the Principal Registry and every district probate registry shall, within such period after a grant as the President may direct, deliver to the Commissioners or their proper officer the following documents—

  1. in the case of a grant of probate or of administration with the will annexed, a copy of the will;
  2. in every case, such certificate or note of the grant as the Commissioners may require.

111. Records of grants

  1. There shall continue to be kept records of all grants which are made in the Principal Registry or in any district probate registry.
  2. Those records shall be in such form, and shall contain such particulars, as the President of the Family Division may direct.

Subheading 2. Powers of court in relation to personal representatives

112. Summons to executor to prove or renounce

The High Court may summon any person named as executor in a will to prove, or renounce probate of, the will, and to do such other things concerning the will as the court had power to order such a person to do immediately before the commencement of this Act.

113. Power of court to sever grant

  1. Subject to subsection (2), the High Court may grant probate or administration in respect of any part of the estate of a deceased person, limited in any way the court thinks fit.
  2. Where the estate of a deceased person is known to be insolvent, the grant of representation to it shall not be severed under subsection (1) except as regards a trust estate in which he had no beneficial interest.

114. Number of personal representatives

  1. Probate or administration shall not be granted by the High Court to more than four persons in respect of the same part of the estate of a deceased person.
  2. Where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration by the High Court shall be made either to a trust corporation (with or without an individual) or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator.
  3. For the purpose of determining whether a minority or life interest arises in any particular case, the court may act on such evidence as may be prescribed.
  4. If at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the High Court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered.
  5. An appointment of an additional personal representative under subsection (4) to act with an executor shall not have the effect of including him in any chain of representation.

115. Grants to trust corporations

  1. The High Court may—
    1. where a trust corporation is named in a will as executor, grant probate to the corporation either solely or jointly with any other person named in the will as executor, as the case may require; or
    2. grant administration to a trust corporation, either solely or jointly with another person;

    and the corporation may act accordingly as executor or administrator, as the case may be.

  2. Probate or administration shall not be granted to any person as nominee of a trust corporation.
  3. Any officer authorised for the purpose by a trust corporation or its directors or governing body may, on behalf of the corporation, swear affidavits, give security and do any other act which the court may require with a view to the grant to the corporation of probate or administration; and the acts of an officer so authorised shall be binding on the corporation.
  4. Subsections (1) to (3) shall also apply in relation to any body which is exempt from the provisions of section 23(1) of the Solicitors Act 1974 (unqualified persons not to prepare papers for probate etc.) by virtue of any of paragraphs (e) to (h) of subsection (2) of that section.

116. Power of court to pass over prior claims to grant

  1. If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may in its discretion appoint as administrator such person as it thinks expedient.
  2. Any grant of administration under this section may be limited in any way the court thinks fit.

117. Administration pending suit

  1. Where any legal proceedings concerning the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the High Court may grant administration of the estate of the deceased person in question to an administrator pending suit, who shall, subject to subsection (2), have all the rights, duties and powers of a general administrator.
  2. An administrator pending suit shall be subject to the immediate control of the court and act under its direction; and, except in such circumstances as may be prescribed, no distribution of the estate, or any part of the estate, of the deceased person in question shall be made by such an administrator without the leave of the court.
  3. The court may, out of the estate of the deceased, assign an administrator pending suit such reasonable remuneration as it thinks fit.

118. Effect of appointment of minor as executor

Where a testator by his will appoints a minor to be an executor, the appointment shall not operate to vest in the minor the estate, or any part of the estate, of the testator, or to constitute him a personal representative for any purpose, unless and until probate is granted to him in accordance with probate rules.

119. Administration with will annexed

  1. Administration with the will annexed shall be granted, subject to and in accordance with probate rules, in every class of case in which the High Court had power to make such a grant immediately before the commencement of this Act.
  2. Where administration with the will annexed is granted, the will of the deceased shall be performed and observed in the same manner as if probate of it had been granted to an executor.

120. Power to require administrators to produce sureties

  1. As a condition of granting administration to any person the High Court may, subject to the following provisions of this section and subject to and in accordance with probate rules, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.
  2. A guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.
  3. No action shall be brought on any such guarantee without the leave of the High Court.
  4. Stamp duty shall not be chargeable on any such guarantee.
  5. This section does not apply where administration is granted to the Treasury Solicitor, the Official Solicitor, the Public Trustee, the Solicitor for the affairs of the Duchy of Lancaster or the Duchy of Cornwall or the Crown Solicitor for Northern Ireland, or to the consular officer of a foreign state to which section 1 of the Consular Conventions Act 1949 applies, or in such other cases as may be prescribed.

Subheading 3. Revocation of grants and cancellation of resealing at instance of court

121. Revocation of grants and cancellation of resealing at instance of court

  1. Where it appears to the High Court that a grant either ought not to have been made or contains an error, the court may call in the grant and, if satisfied that it would be revoked at the instance of a party interested, may revoke it.
  2. A grant may be revoked under subsection (1) without being called in, if it cannot be called in.
  3. Where it appears to the High Court that a grant resealed under the Colonial Probates Acts 1892 and 1927 ought not to have been resealed, the court may call in the relevant document and, if satisfied that the resealing would be cancelled at the instance of a party interested, may cancel the resealing. In this and the following subsection “the relevant document” means the original grant or, where some other document was sealed by the court under those Acts, that document.
  4. A resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in.

Subheading 4. Ancillary powers of court

122. Examination of person with knowledge of testamentary document

  1. Where it appears that there are reasonable grounds for believing that any person has knowledge of any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, order him to attend for the purpose of being examined in open court.
  2. The court may—
    1. require any person who is before it in compliance with an order under subsection (1) to answer any question relating to the document concerned; and
    2. if appropriate, order him to bring in the document in such manner as the court may direct.
  3. Any person who, having been required by the court to do so under this section, fails to attend for examination, answer any question or bring in any document shall be guilty of contempt of court.

123. Subpoena to bring in testamentary document

Where it appears that any person has in his possession, custody or power any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, issue a subpoena requiring him to bring in the document in such manner as the court may in the subpoena direct.

Subheading 5. Provisions as to documents

124. Place for deposit of original wills and other documents

All original wills and other documents which are under the control of the High Court in the Principal Registry or in any district probate registry shall be deposited and preserved in such places as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005; and any wills or other documents so deposited shall, subject to the control of the High Court and to probate rules, be open to inspection.

125. Copies of wills and grants

An office copy, or a sealed and certified copy, of any will or part of a will open to inspection under section 124 or of any grant may, on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees), be obtained—

  1. from the registry in which in accordance with section 124 the will or documents relating to the grant are preserved; or
  2. where in accordance with that section the will or such documents are preserved in some place other than a registry, from the Principal Registry; or
  3. subject to the approval of the Senior Registrar of the Family Division, from the Principal Registry in any case where the will was proved in or the grant was issued from a district probate registry.

126. Depositories for wills of living persons

  1. There shall be provided, under the control and direction of the High Court, safe and convenient depositories for the custody of the wills of living persons; and any person may deposit his will in such a depository on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) and subject to such conditions as may be prescribed by regulations made by the President of the Family Division with the concurrence of the Lord Chancellor.
  2. Any regulations made under this section shall be made by statutory instrument which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under this section in like manner as if they had been made by a Minister of the Crown.

Subheading 6. Probate rules

127. Probate rules

  1. Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating and prescribing the practice and procedure of the High Court with respect to non-contentious or common form probate business.
  2. Without prejudice to the generality of subsection (1), probate rules may make provision for regulating the classes of persons entitled to grants of probate or administration in particular circumstances and the relative priorities of their claims thereto.
  3. [Repealed]

Subheading 7. Interpretation of Part V and other probate provisions

128. Interpretation of Part V and other probate provisions

In this part, and in the other provisions of this Act relating to probate causes and matters, unless the context otherwise requires—

  • “administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;

    “estate” means real and personal estate, and “real estate” includes—

    1. chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and
    2. real estate held on trust or by way of mortgage or security, but not money secured or charged on land;

    “grant” means a grant of probate or administration;

    “non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including—

    1. the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated,
    2. all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and
    3. the business of lodging caveats against the grant of probate or administration;

    “Principal Registry” means the Principal Registry of the Family Division;

    “probate rules” means rules of court made under section 127;

    “trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the Public Trustee Act 1906 to act as a custodian trustee;

    “will” includes a nuncupative will and any testamentary document of which probate may be granted.

Part VI. MISCELLANEOUS AND SUPPLEMENTARY

Subheading 1. Miscellaneous provisions

129. Lords Commissioners to represent Lord Chancellor when Great Seal in commission

When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to—

  1. the appointment of officers, and
  2. any act for which the concurrence or presence of the Lord Chancellor is required by this Act,

may be exercised by the senior Lord Commissioner for the time being.

130. Fees to be taken in Supreme Court

[Repealed]

131. Conveyancing counsel of Senior Courts

  1. The conveyancing counsel of the Senior Courts shall be persons who have a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.
  2. The conveyancing counsel of the court shall be not more than six, not less than three, in number, and shall be appointed by the Lord Chancellor with the concurrence of the Lord Chief Justice.
  3. The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

132. Proof of documents bearing seal or stamp of Senior Courts or any office thereof

Every document purporting to be sealed or stamped with the seal or stamp of the Senior Courts or of any office of the Senior Courts shall be received in evidence in all parts of the United Kingdom without further proof.

133. Enrolment and engrossment of instruments

  1. The Master of the Rolls may make regulations for authorising and regulating the enrolment or filing of instruments in the Senior Courts, and for prescribing the form in which certificates of enrolment or filing are to be issued.
  2. Regulations under subsection (1) shall not affect the operation of any enactment requiring or authorising the enrolment of any instrument in the Senior Courts or prescribing the manner in which any instrument is to be enrolled there.
  3. Any instrument which is required or authorised by or under this or any other Act to be enrolled or engrossed in the Senior Courts shall be deemed to have been duly enrolled or engrossed if it is written on material authorised or required by regulations under subsection (1) and has been filed or otherwise preserved in accordance with regulations under that subsection.
  4. The Lord Chancellor may, with the concurrence of the Master of the Rolls and of the Treasury, make regulations prescribing the fees to be paid on the enrolment or filing of any instrument in the Senior Courts, including any additional fees payable on the enrolment or filing of any instrument out of time.
  5. Any regulations under this section shall be made by statutory instrument, which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under subsection (1) in like manner as if the regulations had been made by a Minister of the Crown.

134. Powers of attorney deposited before October 1971

  1. This section applies to any instrument creating, or verifying the execution of, a power of attorney which was deposited in the Central Office of the Senior Courts before 1st October 1971.
  2. A separate file of such instruments shall continue to be kept and, subject to payment of any the fee prescribed by an order under section 92 of the Courts Act 2003 (fees)—
    1. any person may search that file, and may inspect any such instrument; and
    2. an office copy of any such instrument shall be issued to any person on request.
  3. A document purporting to be an office copy of any such instrument shall, in any part of the United Kingdom, without further proof be sufficient evidence of the contents of the instrument and of its having been deposited as mentioned in subsection (1).

135. Bonds given under order of court

  1. A bond to be given by any person under or for the purposes of any order of the High Court or the civil division of the Court of Appeal shall be given in such form and to such officer of the court as may be prescribed and, if the court so requires, with one or more sureties.
  2. An officer of the court to whom a bond is given in accordance with subsection (1) shall as such have power to enforce it or to assign it, pursuant to an order of the court under subsection (4), to some other person.
  3. Where by rules of court made for the purposes of this section another officer is at any time substituted for the officer previously prescribed as the officer to whom bonds of any class are to be given, the rules may provide that bonds of that class given before the rules come into operation shall have effect as if references in the bonds to the officer previously prescribed were references to the substituted officer.
  4. Where it appears to the court that the condition of a bond given in accordance with subsection (1) has been broken, the court may, on an application in that behalf, order the bond to be assigned to such person as may be specified in the order.
  5. A person to whom a bond is ordered to be assigned under subsection (4) shall be entitled by virtue of the order to sue on the bond in his own name as if it had been originally given to him, and to recover on it as trustee for all persons interested the full amount recoverable in respect of the breach of condition.

136. Production of documents filed in, or in custody of, Senior Courts

  1. Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for providing that, in any case where a document filed in, or in the custody of, any office of the Senior Courts is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the Royal Courts of Justice—
    1. it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but
    2. the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the office;

    and any such certificate shall be prima facie evidence of the facts stated in it.

  2. Rules under this section may contain—
    1. provisions for securing the safe custody and return to the proper office of the Senior Courts of any document sent to a court or tribunal in pursuance of the rules; and
    2. such incidental and supplementary provisions as appear to the person making the rules to be necessary or expedient.
  1. [Repealed]

137. Money paid into court under enactment subsequently repealed

Where in pursuance of any enactment, whenever passed, any money has (before or after the commencement of this Act) been paid—

  1. into the Bank of England in the name of the Accountant General of the Senior Courts; or
  2. into the Senior Courts,

then, if that enactment has been or is subsequently repealed—

  1. the Accountant General may continue to deal with the money; and
  2. any powers of the High Court with respect to the money shall continue to be exercisable,

in all respects as if that enactment had not been repealed.

138. Effect of writs of execution against goods

[Repealed]

138A. Sales under executions

[Repealed]

138B. Protection of officer selling goods under execution

[Repealed]

139. Attachment of National Savings Bank deposits

  1. In section 27 of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown)—
    1. in subsection (1), paragraph (c) of the proviso (which precludes the making of orders under that subsection by the High Court or a county court in respect of money payable on account of a deposit in the National Savings Bank) shall cease to have effect; and
    2. after subsection (2) there shall be added—

      "(3)In their application to England and Wales the preceding provisions of this section shall have effect subject to any order for the time being in force under section 139(2) of the Supreme Court Act 1981."

  2. The Lord Chancellor may by order direct that section 27(1) and (2) of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown) shall not apply in relation to any money payable by the Crown to any person on account of—
    1. any deposit in the National Savings Bank; or
    2. a deposit in that Bank of any description specified in the order.
  3. Any order under subsection (2) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
  4. Without prejudice to section 153(4), this section extends to England and Wales only.

140. Enforcement of fines and forfeited recognizances

  1. Payment of a fine imposed, or sum due under a recognizance forfeited, by the High Court or the civil division of the Court of Appeal may be enforced upon the order of the court—
    1. in like manner as a judgment of the High Court for the payment of money; or
    2. in like manner as a fine imposed by the Crown Court.
  2. Where payment of a fine or other sum falls to be enforced as mentioned in paragraph (a) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection—
    1. the court shall, if the fine or the other sum is not paid in full forthwith or within such time as the court may allow, certify to Her Majesty’s Remembrancer the sum payable; and
    2. Her Majesty’s Remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.
  3. Where payment of a fine or other sum falls to be enforced as mentioned in paragaph (b) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection, the provisions of sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000 shall apply to that fine or other sum as they apply to a fine imposed by the Crown Court.
  4. Where payment of a fine or other sum has become enforceable by Her Majesty’s Remembrancer by virtue of this section or section 16 of the Contempt of Court Act 1981, any payment received by him in respect of that fine or other sum shall be dealt with by him in such manner as the Lord Chancellor may direct.
  5. In this section, and in sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000 as extended by this section, “fine” includes a penalty imposed in civil proceedings.

141. Abolition of certain writs

[Repealed]

142. Selection of judges for trial of election petitions

  1. Ordinary court selection
    The judges to be placed on the rota for the trial of parliamentary election petitions in England and Wales under Part III of the Representation of the People Act 1983 in each year shall be selected, in such manner as may be provided by rules of court, from the judges of the Queen’s Bench Division of the High Court exclusive of any who are members of the House of Lords.
  2. Notwithstanding the expiry of the year for which a judge has been placed on the rota he may act as if that year had not expired for the purpose of continuing to deal with, giving judgment in, or dealing with ancillary matter relating to, any case with which he may have been concerned during that year.
  3. Any judge placed on the rota shall be eligible to be placed on the rota again in the succeeding or any subsequent year.

143. [Repealed]

144. [Repealed]

145. Amendment of Courts-Martial (Appeals) Act 1968

  1. The Courts-Martial (Appeals) Act 1968 shall be amended as follows.
  2. In section 2(1)(a) (under which the judges of the Courts-Martial Appeal Court include such judges of the Queen’s Bench Division of the High Court as may be nominated for that purpose by the Lord Chief Justice after consultation with the Master of the Rolls), the words “of the Queen’s Bench Division” and “after consultation with the Master of the Rolls” shall be omitted.
  3. In section 3(a) (under which the powers of the Courts-Martial Appeal Court may be exercised by any judge of the Queen’s Bench Division of the High Court), the words “of the Queen’s Bench Division” shall be omitted.
  4. For section 5 (constitution of Appeal Court for particular sittings) there shall be substituted—

    "5

    (1) Subject to subsection (4) below, the Appeal Court shall be duly constituted if it consists of an uneven number of judges not less than three.

    (2) Where—

    (a)part of any proceedings before the Appeal Court has been heard by an uneven number of judges greater than three; and

    (b) one or more members of the Court as constituted for the purpose of those proceedings are unable to continue,

    then, subject to subsection (4) below, the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three.

    (3) Subject to subsection (4) below, the Appeal Court shall, if it consists of two judges, be duly constituted for every purpose except—

    (a) determining an appeal against—

    (i) conviction; or

    (ii) a finding of not guilty by reason of insanity; or

    (iii) a finding of unfitness to stand trial;

    (b) determining an application for leave to appeal to the House of Lords; and

    (c) refusing an application for leave to appeal to the Appeal Court against conviction or any such finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge.

    (4) At least one of the judges of which the Appeal Court consists at any sitting must be a judge of the Court by virtue of section 2(1) of this Act, except that where the Court is directed to sit at a place outside the United Kingdom the Lord Chancellor may, if he thinks it expedient to do so, direct that this provision shall not apply to the Court while sitting at that place.

    (5) Where an appeal has been heard by the Appeal Court and the Court as constituted for that purpose consists of an even number of judges, then, if those judges are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three."

  5. In section 36(2) (rights of appellant on refusal of single judge to exercise certain powers in his favour) for “for the hearing and determination of appeals” there shall be substituted “for the purpose in accordance with section 5 of this Act”.

146. Amendment of Courts Act 1971

For section 24 of the Courts Act 1971 (deputy High Court and Circuit judges) there shall be substituted—

"24 Deputy Circuit judges and assistant Recorders.

(1) If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or a county court or official referees’ business in the High Court, he may—

(a) appoint to be a deputy Circuit judge, during such period or on such occasions as he thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge; or

(b) appoint to be an assistant Recorder, during such period or on such occasions as he thinks fit, any barrister or solicitor of at least ten years’ standing.

(2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge or assistant Recorder is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge or a Recorder, as the case may be.

(3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths to be taken by such judges, or the remuneration, allowances or pensions of such judges; and section 21 of this Act shall not apply to an assistant Recorder appointed under this section.

(4) Notwithstanding the expiry of any period for which a person is appointed under this section a deputy Circuit judge or an assistant Recorder, he may attend at the Crown Court or a county court or, as regards any official referees’ business, at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a deputy Circuit judge or an assistant Recorder, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a Circuit judge or a Recorder, as the case may be.

(5) There shall be paid out of money provided by Parliament to deputy Circuit judges and assistant Recorders appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine."

147. Amendment of Solicitors Act 1974

In section 50 of the Solicitors Act 1974 (jurisdiction of Senior Courts over solicitors), after subsection (2) there shall be inserted—

"(3) An appeal shall lie to the Court of Appeal from any order made against a solicitor by the High Court or the Crown Court in the exercise of its jurisdiction in respect of solicitors under subsection (2)."

148. [Repealed]

149. [Repealed]

Subheading 2. Supplementary

150. Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc

  1. Her Majesty may by Order in Council—
    1. direct that any of the provisions of sections 20 to 24 specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands or the Isle of Man; or
    2. make, for any of the Channel Islands or the Isle of Man, provision for any purposes corresponding to the purposes of any of the provisions of those sections.
  2. Her Majesty may by order in Council direct, either generally or in relation to particular courts or territories, that the Colonial Courts of Admiralty Act 1890 shall have effect as if for the reference in section 2(2) of that Act to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of this Act, subject, however to such adaptations and modifications of section 20 as may be specified in the Order.
  3. Her Majesty may by Order in Council direct that any of the provisions of sections 21 to 24 shall extend, with such exceptions, adaptations and modifications as may be specified in the Order, to any colony or to any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.
  4. Subsections (1) and (3) shall each have effect as if the provisions there mentioned included section 2(2) of the Hovercraft Act 1968 (application of the law relating to maritime liens in relation to hovercraft and property connected with them).

151. Interpretation of this Act, and rules of construction for other Acts and documents

  1. In this Act, unless the context otherwise requires—
    • “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;

      “appeal”, in the context of appeals to the civil division of the Court of Appeal, includes—

      1. an application for a new trial, and
      2. an application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury;

      “arbitration agreement” has the same meaning as it has in the Part I of the Arbitration Act 1996;

      “cause” means any action or any criminal proceedings;

      “Division”, where it appears with a capital letter, means a division of the High Court;

      “judgment” includes a decree;

      “jurisdiction” includes powers;

      “matter” means any proceedings in court not in a cause;

      “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

      “prescribed” means—

      1. except in relation to fees, prescribed by rules of court;
      2. [Repealed]

      “qualifying judge advocate” means—

      1. the Judge Advocate General; or
      2. a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);

      “senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;

      “solicitor” means a solicitor of the Senior Courts;

      “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the Interpretation Act 1978), whenever made;

      “this or any other Act” includes an Act passed after this Act.

  2. Section 128 contains definitions of expressions used in Part V and in the other provisions of this Act relating to probate causes and matters.
  3. Any reference in this Act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other Act which confers on the Civil Procedure Rule Committee power to make rules of court in relation to the Senior Courts.
  4. Except where the context otherwise requires, in this or any other Act—
    • “divisional court” (with or without capital letters) means a divisional court constituted under section 66;

      “judge of the Senior Courts” means—

      1. a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), or
      2. a judge of the High Court,

      and accordingly does not include, as such, a judge of the Crown Court;

      “official referees’ business” has the meaning given by section 68(6);

      “Rules of the Senior Courts” means rules of court made by the Senior Courts Rules Committee.

  5. The provisions of Schedule 4 (construction of references to superseded courts and officers) shall have effect.
Transitional provisions

152. Amendments of other Acts, transitional provisions, savings and repeals

  1. The enactments specified in Schedule 5 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
  2. [Repealed]
  3. This Act shall have effect subject to the transitional provisions and savings contained in Schedule 6.
  4. The enactments mentioned in Schedule 7 (which include certain obsolete or unnecessary provisions) are hereby repealed to the extent specified in the third column of that Schedule.
  5. [Repealed]

[N.B. The text of s. 152(1) and (4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991]

153. Citation, commencement and extent

  1. This Act may be cited as the Senior Courts Act 1981.
  2. This Act, except the provisions mentioned in subsection (3), shall come into force on 1st January 1982; and references to the commencement of this Act shall be construed as references to the beginning of that day.
  3. Sections 72, 143 and 152(2) and this section shall come into force on the passing of this Act.
  4. Subsidiary unit government
    In this Act—
    1. the following provisions extend to Scotland, namely—
      • section 80(3);

        section 152(4) and Schedule 7, so far as they relate to the Admiralty Court Act 1861;

    2. the following provisions extend to Northern Ireland so far as they relate to the Northern Ireland Assembly Disqualification Act 1975, namely—
      • section 152(1) and Schedule 5;

        section 152(3) and paragraph 3(1) of Schedule 6;

    3. the following provisions extend to Scotland and Northern Ireland, namely—
      • section 36;

        sections 132 and 134(3);

        section 152(1) and Schedule 5, so far as they amend—

        1. references to section 49 of the Senior Courts of Judicature (Consolidation) Act 1925,
        2. the House of Commons Disqualification Act 1975, and
        3. section 4 of the Evidence (Proceedings in Other Jurisdictions) Act 1975;

        section 152(3) and paragraph 3(1) of Schedule 6, so far as they relate to the House of Commons Disqualification Act 1975;

        section 152(4) and Schedule 7, so far as they relate to—

        1. provisions of the Senior Courts of Judicature (Consolidation) Act 1925 which extend throughout the United Kingdom,
        2. the Evidence and Powers of Attorney Act 1940, and

        section 57(3)(a) of the Courts Act 1971;

    4. section 145 extends to any place to which the Courts-Martial (Appeals) Act 1968 extends, and section 152(1) and (4) and Schedules 5 and 7, so far as they relate to any of the following enactments, namely—
      • Army Act 1955,

        Air Force Act 1955,

        section 9(2) of, and Part II of Schedule 1 to, the Criminal Appeal Act 1966,

        Courts-Martial (Appeals) Act 1968,

        Hovercraft Act 1968,

      extend to any place to which that enactment extends;

    but, save as aforesaid, the provisions of this Act, other than those mentioned in subsection (5), extend to England and Wales only.

  5. Subsidiary unit government
    The provisions of this Act whose extent is not restricted by subsection (4) are—
    • section 27;

      section 150;

      section 151(1);

      section 152(4) and Schedule 7 as far as they relate to the Naval Prize Act 1864, the Prize Courts Act 1915 and section 56 of the Administration of Justice Act 1956;

      this section;

      paragraph 1 of Schedule 4.

[Schedules omitted due to length - full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/1981/54/schedules]

Subsidiary unit government

Northern Ireland Act 1998

Part I. Preliminary

Secession of territory

1. Status of Northern Ireland

  1. It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1.
  2. But if the wish expressed by a majority in such a poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as may be agreed between Her Majesty’s Government in the United Kingdom and the Government of Ireland.

2. Previous enactments

The Government of Ireland Act 1920 is repealed; and this Act shall have effect notwithstanding any other previous enactment.

3. Devolution order

  1. If it appears to the Secretary of State that sufficient progress has been made in implementing the Belfast Agreement, he shall lay before Parliament the draft of an Order in Council appointing a day for the commencement of Parts II and III (“the appointed day”).
  2. If the draft Order laid before Parliament under subsection (1) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
Constitution amendment procedure

4. Transferred, excepted and reserved matters

  1. In this Act—
    • “excepted matter” means any matter falling within a description specified in Schedule 2;
      Second chamber reserved policy areas, First chamber reserved policy areas

      “reserved matter” means any matter falling within a description specified in Schedule 3;

      “transferred matter” means any matter which is not an excepted or reserved matter.

  2. If at any time after the appointed day it appears to the Secretary of State—
    1. that any reserved matter should become a transferred matter; or
    2. that any transferred matter should become a reserved matter,

    he may, subject to subsections (2A) to (3D), lay before Parliament the draft of an Order in Council amending Schedule 3 so that the matter ceases to be or, as the case may be, becomes a reserved matter with effect from such date as may be specified in the Order.

  3. The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending Schedule 3 so that a policing and justice matter ceases to be a reserved matter unless—
    1. a motion for a resolution praying that the matter should cease to be a reserved matter is tabled by the First Minister and the deputy First Minister acting jointly; and
    2. the resolution is passed by the Assembly with the support of a majority of the members voting on the motion, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
  4. The Secretary of State shall not lay before Parliament under subsection (2) the draft of any other Order unless the Assembly has passed with cross-community support a resolution praying that the matter concerned should cease to be or, as the case may be, should become a reserved matter.
  5. The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 16 of Schedule 3 (Civil Service Commissioners for Northern Ireland) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.
  6. The report under subsection (3A) must set out the Secretary of State's view of the effect (if any) that the Order would have on—
    1. the independence of the Civil Service Commissioners for Northern Ireland;
    2. the application of the principle that persons should be selected for appointment to the Northern Ireland Civil Service on merit on the basis of fair and open competition; and
    3. the impartiality of the Northern Ireland Civil Service.
  7. The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 42(aa) of Schedule 3 (Northern Ireland Human Rights Commission) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.
  8. The report under subsection (3C) must set out the Secretary of State's view of the effect (if any) that the Order would have on—
    1. the independence of the Northern Ireland Human Rights Commission;
    2. the application of internationally accepted principles relating to national human rights institutions; and
    3. the relationship between the Northern Ireland Human Rights Commission and the Assembly.
  9. If the draft of an Order laid before Parliament under subsection (2) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
  10. In this Act—
    • “the Assembly” means the New Northern Ireland Assembly, which after the appointed day shall be known as the Northern Ireland Assembly;

      “cross-community support”, in relation to a vote on any matter, means—

      1. the support of a majority of the members voting, a majority of the designated Nationalists voting and a majority of the designated Unionists voting; or
      2. the support of 60 per cent of the members voting, 40 per cent of the designated Nationalists voting and 40 per cent of the designated Unionists voting;

      “designated Nationalist” means a member designated as a Nationalist in accordance with standing orders of the Assembly and “designated Unionist” shall be construed accordingly.

  11. Standing orders of the Assembly shall provide that a member of the Assembly designated in accordance with the standing orders as a Nationalist, as a Unionist or as Other may change his designation only if—
    1. (being a member of a political party) he becomes a member of a different political party or he ceases to be a member of any political party;
    2. (not being a member of any political party) he becomes a member of a political party.
  12. In this section “policing and justice matter” means a matter falling within a description specified in—
    1. any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or
    2. any other provision of that Schedule designated for this purpose by an order made by the Secretary of State.

Part II. Legislative Powers

Subheading 1. General

5. Acts of the Northern Ireland Assembly

  1. Subject to sections 6 to 8, the Assembly may make laws, to be known as Acts.
  2. A Bill shall become an Act when it has been passed by the Assembly and has received Royal Assent.
  3. A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal of Northern Ireland signed with Her Majesty’s own hand signifying Her Assent are notified to the Presiding Officer.
  4. The date of Royal Assent shall be written on the Act by the Presiding Officer, and shall form part of the Act.
  5. The validity of any proceedings leading to the enactment of an Act of the Assembly shall not be called into question in any legal proceedings.
  6. This section does not affect the power of the Parliament of the United Kingdom to make laws for Northern Ireland, but an Act of the Assembly may modify any provision made by or under an Act of Parliament in so far as it is part of the law of Northern Ireland.

6. Legislative competence

  1. A provision of an Act is not law if it is outside the legislative competence of the Assembly.
  2. A provision is outside that competence if any of the following paragraphs apply—
    1. it would form part of the law of a country or territory other than Northern Ireland, or confer or remove functions exercisable otherwise than in or as regards Northern Ireland;
    2. it deals with an excepted matter and is not ancillary to other provisions (whether in the Act or previously enacted) dealing with reserved or transferred matters;
    3. International human rights treaties
      it is incompatible with any of the Convention rights;
    4. International organizations
      it is incompatible with EU law;
    5. it discriminates against any person or class of person on the ground of religious belief or political opinion;
    6. it modifies an enactment in breach of section 7.
  3. For the purposes of this Act, a provision is ancillary to other provisions if it is a provision—
    1. which provides for the enforcement of those other provisions or is otherwise necessary or expedient for making those other provisions effective; or
    2. which is otherwise incidental to, or consequential on, those provisions;

    and references in this Act to provisions previously enacted are references to provisions contained in, or in any instrument made under, other Northern Ireland legislation or an Act of Parliament.

  4. Her Majesty may by Order in Council specify functions which are to be treated, for such purposes of this Act as may be specified, as being, or as not being, functions which are exercisable in or as regards Northern Ireland.
  5. No recommendation shall be made to Her Majesty to make an Order in Council under subsection (4) unless a draft of the Order has been laid before and approved by resolution of each House of Parliament.

7. Entrenched enactments

  1. Subject to subsection (2), the following enactments shall not be modified by an Act of the Assembly or subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department—
    1. the European Communities Act 1972;
    2. the Human Rights Act 1998;
    3. section 43(1) to (6) and (8), section 67, sections 84 to 86B, section 95(3) and (4) and section 98; and
    4. section 1 and section 84 of the Justice (Northern Ireland) Act 2002.
  2. Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying section 3(3) or (4) or 11(1) of the European Communities Act 1972.
  3. In this Act “Minister”, unless the context otherwise requires, means the First Minister, the deputy First Minister or a Northern Ireland Minister.

7A. Cross-community support required for Bill altering size of Assembly

  1. The Assembly shall not pass a relevant Bill without cross-community support.
  2. In this section—
    • “pass”, in relation to a Bill, means pass at the stage in the Assembly's proceedings at which the Bill falls finally to be passed or rejected;

      “relevant Bill” means a Bill containing a provision which deals with a matter falling within a description specified in paragraph 7A of Schedule 3 (size of Assembly).”

8. Consent of Secretary of State required in certain cases

The consent of the Secretary of State shall be required in relation to a Bill which contains—

  1. a provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
  2. a provision which deals with a reserved matter.

Subheading 2. Scrutiny and stages of Bills

9. Scrutiny by Ministers

  1. A Minister in charge of a Bill shall, on or before introduction of it in the Assembly, make a statement to the effect that in his view the Bill would be within the legislative competence of the Assembly.
  2. The statement shall be in writing and shall be published in such manner as the Minister making the statement considers appropriate.

10. Scrutiny by Presiding Officer

  1. Standing orders shall ensure that a Bill is not introduced in the Assembly if the Presiding Officer decides that any provision of it would not be within the legislative competence of the Assembly.
  2. Subject to subsection (3)—
    1. the Presiding Officer shall consider a Bill both on its introduction and before the Assembly enters on its final stage; and
    2. if he considers that the Bill contains—
      1. any provision which deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
      2. any provision which deals with a reserved matter,

      he shall refer it to the Secretary of State; and

    3. the Assembly shall not proceed with the Bill or, as the case may be, enter on its final stage unless—
      1. the Secretary of State’s consent to the consideration of the Bill by the Assembly is signified; or
      2. the Assembly is informed that in his opinion the Bill does not contain any such provision as is mentioned in paragraph (b)(i) or (ii).
  3. Subsection (2)(b) and (c) shall not apply—
    1. where, in the opinion of the Presiding Officer, each provision of the Bill which deals with an excepted or reserved matter is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only; or
    2. on the introduction of a Bill, where the Bill has been endorsed with a statement that the Secretary of State has consented to the Assembly considering the Bill.
  4. In this section and section 14 “final stage”, in relation to a Bill, means the stage in the Assembly’s proceedings at which the Bill falls finally to be passed or rejected.

11. Scrutiny by the Supreme Court

  1. Supreme court powers
    The Attorney General for Northern Ireland may refer the question of whether a provision of a Bill would be within the legislative competence of the Assembly to the Supreme Court for decision.
  2. Subject to subsection (3), he may make a reference in relation to a provision of a Bill at any time during—
    1. the period of four weeks beginning with the passing of the Bill; and
    2. the period of four weeks beginning with any subsequent approval of the Bill in accordance with standing orders made by virtue of section 13(6).
  3. If he notifies the Presiding Officer that he does not intend to make a reference in relation to a provision of a Bill, he shall not make such a reference unless, after the notification, the Bill is approved as mentioned in subsection (2)(b).
  4. Supreme court powers
    If the Supreme Court decides that any provision of a Bill would be within the legislative competence of the Assembly, its decision shall be taken as applying also to that provision if contained in the Act when enacted.

12. Reconsideration where reference made to ECJ

  1. This section applies where—
    1. a reference has been made under section 11 in relation to a provision of a Bill;
    2. a reference for a preliminary ruling has been made by the Supreme Court in connection with that reference; and
    3. neither of the references has been decided or otherwise disposed of.
  2. If the Assembly resolves that it wishes to reconsider the Bill—
    1. the Presiding Officer shall notify the Attorney General for Northern Ireland and the Attorney General of that fact; and
    2. the Attorney General for Northern Ireland shall request the withdrawal of the reference under section 11.
  3. In this section “reference for a preliminary ruling” means a reference of a question to the European Court of Justice under—
    1. Article 267 of the Treaty on the Functioning of the European Union; or
    2. [Repealed]
    3. Article 150 of the Treaty establishing the European Atomic Energy Community.

13. Stages of Bills

  1. Standing orders shall include provision—
    1. for general debate on a Bill with an opportunity for members to vote on its general principles;
    2. for the consideration of, and an opportunity for members to vote on, the details of a Bill; and
    3. for a final stage at which a Bill can be passed or rejected but not amended.
  2. Standing orders may, in relation to different types of Bill, modify provisions made in pursuance of subsection (1)(a) or (b).
  3. Standing orders—
    1. shall include provision for establishing such a committee as is mentioned in paragraph 11 of Strand One of the Belfast Agreement;
    2. may include provision for the details of a Bill to be considered by the committee in such circumstances as may be specified in the orders.
  4. Standing orders shall include provision—
    1. requiring the Presiding Officer to send a copy of each Bill, as soon as reasonably practicable after introduction, to the Northern Ireland Human Rights Commission; and
    2. International human rights treaties
      enabling the Assembly to ask the Commission, where the Assembly thinks fit, to advise whether a Bill is compatible with human rights (including the Convention rights).
  5. Standing orders shall provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)—
    1. the Supreme Court decides that any provision of the Bill would not be within the legislative competence of the Assembly;
    2. a reference made in relation to a provision of the Bill under section 11 has been withdrawn following a request for withdrawal under section 12;
    3. a decision is made in relation to the Bill under section 14(4) or (5); or
    4. a motion under section 15(1) is passed by either House of Parliament.
  6. Standing orders shall, in particular, ensure that any Bill amended on reconsideration is subject to a final stage at which it can be approved or rejected but not amended.
  7. References in subsection (5) and other provisions of this Act to the passing of a Bill shall, in the case of a Bill which has been amended on reconsideration, be read as references to the approval of the Bill.

Subheading 3. Royal Assent

14. Submission by Secretary of State

  1. It shall be the Secretary of State who submits Bills for Royal Assent.
  2. The Secretary of State shall not submit a Bill for Royal Assent at any time when—
    1. the Attorney General for Northern Ireland is entitled to make a reference in relation to a provision of the Bill under section 11; or
    2. any such reference has been made but has not been decided or otherwise disposed of by the Supreme Court.
  3. If—
    1. the Supreme Court has decided that any provision of a Bill would not be within the legislative competence of the Assembly; or
    2. a reference made in relation to a provision of the Bill under section 11 has been withdrawn following a request for withdrawal under section 12,

    the Secretary of State shall not submit the Bill in its unamended form for Royal Assent.

  4. The Secretary of State shall not submit a Bill for Royal Assent if the Assembly has passed the Bill in contravention of section 7A (cross-community support required for Bill altering size of Assembly).
  5. The Secretary of State may, unless he consents to it, decide not to submit for Royal Assent a Bill containing a provision—
    1. which the Secretary of State considers deals with an excepted matter and is ancillary to other provisions (whether in the Bill or previously enacted) dealing with reserved or transferred matters; or
    2. which the Secretary of State considers deals with a reserved matter,

    if the Bill has not been referred to him under subsection (2) of section 10 (whether by virtue of subsection (3)(a) of that section or otherwise) before the Assembly enters on its final stage.

  6. The Secretary of State may decide not to submit for Royal Assent a Bill which contains a provision which he considers—
    1. International law
      would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or
    2. would have an adverse effect on the operation of the single market in goods and services within the United Kingdom.

15. Parliamentary control where consent given

  1. Subject to subsections (2) and (3), a Bill to which the Secretary of State has consented under this Part shall not be submitted by him for Royal Assent unless he has first laid it before Parliament and either—
    1. the period of 20 days beginning with the date on which it is laid has expired without notice having been given in either House of a motion that the Bill shall not be submitted for Royal Assent; or
    2. if notice of such a motion is given within that period, the motion has been rejected or withdrawn.
  2. Subsection (1) shall not apply to a Bill if the Secretary of State considers that it contains no provision which deals with an excepted or reserved matter except a provision which is ancillary to other provisions (whether in the Bill or previously enacted) dealing with transferred matters only.
  3. Subsection (1) shall not apply to a Bill if the Secretary of State considers that by reason of urgency it should be submitted for Royal Assent without first being laid before Parliament.
  4. Any Bill submitted by virtue of subsection (3) shall, if given Royal Assent, be laid before Parliament by the Secretary of State after Royal Assent, and if—
    1. within the period of 20 days beginning with the date on which it is laid notice is given in either House of a motion praying that the Act of the Assembly shall cease to have effect; and
    2. that motion is carried,Her Majesty may by Order in Council repeal that Act with effect from such date as may be specified in the Order.
  5. An Order in Council under subsection (4) may make such consequential and transitional provisions and such savings in connection with the repeal as appear to Her Majesty to be necessary or expedient.
  6. Any notice of motion for the purposes of subsection (1) or (4) must be signed by not less than 20 members of the House in which it is given; and the period mentioned in that subsection shall be computed, in relation to each House, by reference only to days on which that House sits.

Part III. Executive Authorities

Subheading 1. Authorities

16A. Appointment of First Minister, deputy First Minister and Northern Ireland Ministers following Assembly election

  1. This section applies where an Assembly is elected under section 31 or 32.
  2. All Northern Ireland Ministers shall cease to hold office.
  3. Within a period of seven days beginning with the first meeting of the Assembly—
    1. the offices of First Minister and deputy First Minister shall be filled by applying subsections (4) to (7); and
    2. the Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6).
  4. The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.
  5. The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.
  6. If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).
  7. Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.
  8. But no person may take up office as First Minister, deputy First Minister or Northern Ireland Minister by virtue of this section after the end of the period mentioned in subsection (3) (see further section 32(3)).
  9. The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.
  10. Subject to the provisions of this Part, the First Minister and the deputy First Minister shall hold office until immediately before those offices are next filled by virtue of this section.
  11. The holder of the office of First Minister or deputy First Minister may by notice in writing to the Presiding Officer designate a Northern Ireland Minister to exercise the functions of that office—
    1. during any absence or incapacity of the holder; or
    2. during any vacancy in that office arising otherwise than under section 16B(2),

    but a person shall not have power to act by virtue of paragraph (a) for a continuous period exceeding six weeks.

  12. This section shall be construed in accordance with, and is subject to, section 16C.

16B. Vacancies in the office of First Minister or deputy First Minister

  1. The First Minister or the deputy First Minister—
    1. may at any time resign by notice in writing to the Presiding Officer; and
    2. shall cease to hold office if he ceases to be a member of the Assembly otherwise than by virtue of a dissolution.
  2. If either the First Minister or the deputy First Minister ceases to hold office at any time, whether by resignation or otherwise, the other—
    1. shall also cease to hold office at that time; but
    2. may continue to exercise the functions of his office until immediately before those offices are filled in accordance with this section.
  3. Where the offices of the First Minister and the deputy First Minister become vacant at any time, they shall be filled by applying subsections (4) to (7) within a period of seven days beginning with that time.
  4. The nominating officer of the largest political party of the largest political designation shall nominate a member of the Assembly to be the First Minister.
  5. The nominating officer of the largest political party of the second largest political designation shall nominate a member of the Assembly to be the deputy First Minister.
  6. If the persons nominated do not take up office within a period specified in standing orders, further nominations shall be made under subsections (4) and (5).
  7. Subsections (4) to (6) shall be applied as many times as may be necessary to secure that the offices of First Minister and deputy First Minister are filled.
  8. But no person may take up office as First Minister or deputy First Minister under this section after the end of the period mentioned in subsection (3) (see further section 32(3)).
  9. The persons nominated under subsections (4) and (5) shall not take up office until each of them has affirmed the terms of the pledge of office.
  10. This section shall be construed in accordance with, and is subject to, section 16C.

16C. Sections 16A and 16B: supplementary

  1. In sections 16A and 16B and this section “nominating officer”, in relation to a party, means—
    1. the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party's nominating officer; or
    2. a member of the Assembly nominated by him for the purposes of this section.
  2. For the purposes of sections 16A and 16B and this section—
    1. the size of a political party is to be determined by reference to the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election; but
    2. if two or more parties are taken by virtue of paragraph (a) to be of the same size, the respective sizes of those parties is to be determined by reference to the number of first preference votes cast for the parties at the last general election of members of the Assembly;

    (this is subject to subsections (7) and (8)).

  3. For the purposes of sections 16A and 16B and this section, a political party to which one or more members of the Assembly belong is to be taken—
    1. to be of the political designation “Nationalist” if, at the relevant time (see subsection (11)), more than half of the members of the Assembly who belonged to the party were designated Nationalists;
    2. to be of the political designation “Unionist” if, at the relevant time, more than half of the members of the Assembly who belonged to the party were designated Unionists;
    3. otherwise, to be of the political designation “Other”.
  4. For the purposes of sections 16A and 16B and this section—
    1. the size of the political designation “Nationalist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Nationalists;
    2. the size of the political designation “Unionist” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were designated Unionists;
    3. the size of the political designation “Other” is to be taken to be equal to the number of members of the Assembly who, at the relevant time, were neither designated Nationalists nor designated Unionists.
  5. But if two or more political designations are taken by virtue of subsection (4) to be of the same size, the respective sizes of those designations is to be determined by reference to the aggregate number of first preference votes cast, at the last general election of members of the Assembly, for members of the Assembly who, at the relevant time, were—
    1. designated Nationalists (in the case of the political designation “Nationalist”);
    2. designated Unionists (in the case of the political designation “Unionist”); or
    3. neither designated Nationalists nor designated Unionists (in the case of the political designation “Other”).
  6. If at any time the party which is the largest political party of the largest political designation is not the largest political party—
    1. any nomination to be made at that time under section 16A(4) or 16B(4) shall instead be made by the nominating officer of the largest political party; and
    2. any nomination to be made at that time under section 16A(5) or 16B(5) shall instead be made by the nominating officer of the largest political party of the largest political designation.
  7. Where—
    1. the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
    2. the party's period of exclusion (see subsection (12)) under that provision has not come to an end,

    subsection (2)(a) above shall have effect as if the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election was nil.

  8. [Omitted]
  9. Where—
    1. a person nominated by the nominating officer of a political party ceased to hold office as First Minister or deputy First Minister as a result of a resolution of the Assembly under section 30(2); and
    2. the party's period of exclusion under section 30(2) subsequently comes to an end otherwise than by virtue of the dissolution of the Assembly,

    the First Minister and the deputy First Minister shall cease to hold office when the party's period of exclusion under that provision comes to an end.

  10. [Omitted]
  11. In this section “the relevant time” means the end of the day on which the Assembly first met following its election.
  12. In this section, a reference to a period of exclusion is, in the case of a period of exclusion which has been extended, a reference to that period as extended.
  13. Standing orders may make further provision in connection with the making of nominations under sections 16A and 16B.
  14. In this Act “the pledge of office” means the pledge of office which, together with the code of conduct to which it refers, is set out in Schedule 4.

17. Ministerial offices

  1. The First Minister and the deputy First Minister acting jointly may at any time, and shall where subsection (2) applies, determine—
    1. the number of Ministerial offices to be held by Northern Ireland Ministers; and
    2. the functions to be exercisable by the holder of each such office.
  2. This subsection applies where provision is made by an Act of the Assembly for establishing a new Northern Ireland department or dissolving an existing one.
  3. In making a determination under subsection (1), the First Minister and the deputy First Minister shall ensure that the functions exercisable by those in charge of the different Northern Ireland departments existing at the date of the determination are exercisable by the holders of different Ministerial offices.
  4. The number of Ministerial offices shall not exceed 10 or such greater number as the Secretary of State may by order provide.
  5. A determination under subsection (1) shall not have effect unless it is approved by a resolution of the Assembly passed with cross-community support.

18. Northern Ireland Ministers

  1. Where—
    1. [Omitted]
    2. a determination under section 17(1) takes effect;
    3. a resolution which causes one or more Ministerial offices to become vacant is passed under section 30(2);
    4. [Omitted]
    5. a period of exclusion under section 30(2) comes to an end; or.
    6. such other circumstances obtain as may be specified in standing orders,

    all Northern Ireland Ministers shall cease to hold office and the Ministerial offices shall be filled by applying subsections (2) to (6) within a period so specified.

  2. The nominating officer of the political party for which the formula in subsection (5) gives the highest figure may select a Ministerial office and nominate a person to hold it who is a member of the party and of the Assembly.
  3. If—
    1. the nominating officer does not exercise the power conferred by subsection (2) within a period specified in standing orders; or
    2. the nominated person does not take up the selected Ministerial office within that period,

    that power shall become exercisable by the nominating officer of the political party for which the formula in subsection (5) gives the next highest figure.

  4. Subsections (2) and (3) shall be applied as many times as may be necessary to secure that each of the Ministerial offices is filled.
  5. The formula is—

    S/(1+M)

    where—

    • S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;

      M = the number of Ministerial offices (if any) which are held by members of the party.

  6. Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.
  7. The holding of office as First Minister or deputy First Minister shall not prevent a person being nominated to hold a Ministerial office.
  8. A Northern Ireland Minister shall not take up office until he has affirmed the terms of the pledge of office.
  9. A Northern Ireland Minister shall cease to hold office if—
    1. he resigns by notice in writing to the First Minister and the deputy First Minister;
    2. he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
    3. he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the Presiding Officer is notified of his dismissal.
  10. Where a Ministerial office is vacant otherwise than by virtue of subsection (1), the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.
  11. If—
    1. the nominating officer does not exercise the power conferred by subsection (10) within a period specified in standing orders; or
    2. the nominated person does not take up the office within that period,the vacancy shall be filled by applying subsections (2) to (6) within a period specified in standing orders.
  12. Where—
    1. the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and
    2. the party’s period of exclusion under that provision has not come to an end,

    the party shall be disregarded for the purposes of any application of subsections (2) to (6).

  13. [Omitted]
  14. [Omitted]
  15. In this section “nominating officer”, in relation to a party, means—
    1. the person registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 as the party's nominating officer; or
    2. a member of the Assembly nominated by him for the purposes of this section.
  16. In this section, a reference to a period of exclusion is, in the case of a period of exclusion which has been extended, a reference to that period as extended.

19. Junior Ministers

  1. The First Minister and the deputy First Minister acting jointly may at any time determine—
    1. that a number of members of the Assembly specified in the determination shall be appointed as junior Ministers in accordance with such procedures for their appointment as are so specified; and
    2. that the functions exercisable by virtue of each junior Ministerial office shall be those specified in relation to that office in the determination.
  2. Procedures specified in a determination under this section may apply such formulae or other rules as the First Minister and the deputy First Minister consider appropriate.
  3. A determination under this section shall—
    1. make provision as to the circumstances in which a junior Minister shall cease to hold office, and for the filling of vacancies; and
    2. provide that a junior Minister shall not take up office until he has affirmed the terms of the pledge of office.
  4. A determination under this section shall not take effect until it has been approved by a resolution of the Assembly.
  5. Where a determination under this section takes effect—
    1. any junior Ministers previously appointed shall cease to hold office; and
    2. the procedures specified in the determination shall be applied within a period specified in standing orders.

19A. Disqualification for certain offices which may be held by members of the Assembly

  1. No person may—
    1. be nominated to hold the office of First Minister or deputy First Minister or a Ministerial office to be held by a Northern Ireland Minister,
    2. [Repealed]
    3. be appointed as a junior Minister, or
    4. be nominated under paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 (members of the Northern Ireland Policing Board drawn from the Northern Ireland Assembly),

    if he is the holder of a disqualifying office.

  2. A Minister or junior Minister ceases to hold that office on becoming the holder of a disqualifying office.
  3. A person holding office as a member of the Northern Ireland Policing Board in accordance with paragraph 7 of Schedule 1 to the Police (Northern Ireland) Act 2000 ceases to hold that office on becoming the holder of a disqualifying office.
  4. In this section “disqualifying office” means—
    1. Minister of the Government of Ireland; or
    2. chairman or deputy chairman of—
      1. a committee of the Dáil Éireann (House of Representatives of Ireland);
      2. a committee of the Seanad Éireann (Senate of Ireland); or
      3. a joint committee of the Oireachtas (National Parliament of Ireland).

20. The Executive Committee

  1. There shall be an Executive Committee of each Assembly consisting of the First Minister, the deputy First Minister and the Northern Ireland Ministers.
  2. The First Minister and the deputy First Minister shall be chairmen of the Committee.
  3. The Committee shall have the functions set out in paragraphs 19 and 20 of Strand One of the Belfast Agreement.
  4. The Committee shall also have the function of discussing and agreeing upon—
    1. significant or controversial matters that are clearly outside the scope of the agreed programme referred to in paragraph 20 of Strand One of that Agreement;
    2. significant or controversial matters that the First Minister and deputy First Minister acting jointly have determined to be matters that should be considered by the Executive Committee.
  5. Subsections (3) and (4) are subject to subsection (6).
  6. Quasi-judicial decisions may be made by the Department of Justice or the Minister in charge of that Department without recourse to the Executive Committee.

21. Northern Ireland departments

  1. Subject to subsection (2), the Northern Ireland departments existing on the appointed day shall be the Northern Ireland departments for the purposes of this Act.
  2. Provision may be made by Act of the Assembly for establishing new Northern Ireland departments or dissolving existing ones.
  3. If an Act of the Assembly which establishes a new Northern Ireland department provides for it to be in the charge of the First Minister and the deputy First Minister acting jointly—
    1. the department shall not be regarded as a Northern Ireland department for the purposes of subsection (2) or (3) of section 17; and
    2. the office held by those Ministers as the head of the department shall not be regarded as a Ministerial office for the purposes of subsection (4) of that section or section 18.

21A. Northern Ireland department with policing and justice functions

  1. An Act of the Assembly that—
    1. establishes a new Northern Ireland department; and
    2. provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions,

    may (but need not) make provision of the kind mentioned in subsection (3), (3A),(4), (5) or (5A).

  2. The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—
    1. made by the First Minister and the deputy First Minister acting jointly; and
    2. approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
  3. The Act may provide for the department to be in the charge of a Northern Ireland Minister appointed by virtue of a nomination—
    1. made by one or more members of the Assembly, and
    2. approved by a resolution of the Assembly passed with the support of a majority of the members voting on the motion for the resolution, a majority of the designated Nationalists voting and a majority of the designated Unionists voting.
  4. The Act may provide for the department to be in the charge of two Northern Ireland Ministers acting jointly.
  5. The Act may provide—
    1. for the department to be in the charge of a Northern Ireland Minister who is supported by a junior Minister; and
    2. for the persons holding those offices to rotate at intervals determined by or under the Act, so that the person who was the Minister in charge of the department becomes the junior Minister and the person who was the junior Minister becomes the Minister.
  6. The Act may provide—
    1. for the department to be in the charge of a Northern Ireland Minister elected by the Assembly; and
    2. for that Minister to be supported by a deputy Minister elected by the Assembly.
  7. There must not, at any time, be more than one department in relation to which provision of the kind mentioned in any of subsections (3), (3A),(4) , (5) and (5A) is made by Act of the Assembly , or by Order in Council under subsection (7C).
  8. Schedule 4A (provisions relating to a department with devolved policing and justice functions) shall have effect.
  9. If it appears to the Secretary of State that there is no reasonable prospect that the Assembly will pass an Act of the kind described in subsection (1)(a) and (b), he may lay before Parliament the draft of an Order in Council which—
    1. establishes a new Northern Ireland department;
    2. provides that the purpose of the department is to exercise functions consisting wholly or mainly of devolved policing and justice functions;
    3. provides for the department to be in the charge of a Northern Ireland Minister elected by the Assembly and for that Minister to be supported by a deputy Minister elected by the Assembly; and
    4. provides for Part 3A of Schedule 4A to apply in relation to the department (with any necessary modifications).
  10. The draft of an Order laid before Parliament under subsection (7A) may contain supplementary, incidental, consequential, transitional or saving provision.
  11. If the draft of an Order laid before Parliament under subsection (7A) is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council and Her Majesty in Council may make the Order.
  12. No more than one department may be established by virtue of an Order under subsection (7C).
  13. In this section “devolved policing and justice function” means a function relating to a matter which—
    1. is a transferred matter by virtue of an Order under section 4; and
    2. immediately before the matter became a transferred matter, was a policing and justice matter (within the meaning given by section 4(6)).
Transitional provisions

21B. Section 21A(5A) and (7C): transitional provision

  1. This section has effect in relation to—
    1. the first Act of the Assembly to establish a new Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions but only if the Act makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009); or
    2. an Order in Council under section 21A(7C) establishing a new Northern Ireland department.
  2. The Act or the Order may include provision for or in connection with securing that the department is to be treated, for the purposes of section 17, as not having been established until the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”).
  3. The Act or the Order may include provision for or in connection with applying paragraph 11E(3) to (6) of Schedule 4A (with any necessary modifications) to enable elections to be held, before the time of devolution, to select—
    1. a member of the Assembly (“the relevant Minister designate”) to be the person who is to hold the relevant Ministerial office as from the time of devolution; and
    2. a member of the Assembly (“the deputy Minister designate”) to be the person who is to hold the deputy Ministerial office as from that time.
  4. Where the Act or the Order includes provision by virtue of subsection (3), it shall secure that (notwithstanding paragraph 11E(1) of Schedule 4A)—
    1. if the relevant Minister designate affirms the terms of the pledge of office within a specified period after the time of devolution, he shall become the relevant Minister;
    2. if the deputy Minister designate affirms the terms of the pledge of office within that period, he shall (subject to paragraph (c)) become the deputy Minister;
    3. if the relevant Minister designate does not affirm the terms of the pledge of office within that period—
      1. he shall not become the relevant Minister; and
      2. paragraph 11E(10) and (11) of Schedule 4A shall apply as if the relevant Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2);
    4. if the deputy Minister designate does not affirm the terms of the pledge of office within that period—
      1. he shall not become the deputy Minister; and
      2. paragraph 11E(10) of Schedule 4A shall apply as if the deputy Minister had ceased to hold office at the end of that period otherwise than by virtue of section 16A(2).
  5. In this section “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section).
  6. In this section “relevant Minister”, “relevant Ministerial office”, “deputy Minister” and “deputy Ministerial office” have the same meaning as in Part 3A of Schedule 4A.

21C. Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy Ministerial office

  1. This section applies if the first Northern Ireland department the purpose of which is to exercise functions consisting wholly or mainly of devolved policing and justice functions (as defined in section 21A(8)) is established—
    1. by an Act of the Assembly which makes provision of the kind mentioned in section 21A(5A) (other than by virtue of paragraph 8(5) of Schedule 1 to the Northern Ireland Act 2009); or
    2. by an Order in Council under section 21A(7C).
  2. Standing orders shall require the committee established by virtue of section 29A to consider the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A.
  3. The committee shall, by no later than two years and ten months after the time at which devolved policing and justice functions are first transferred to, or conferred on, the department (“the time of devolution”), make a report on the operation of the Ministerial arrangements provided for by Part 3A of Schedule 4A—
    1. to the Assembly; and
    2. to the Executive Committee,and the report must include a recommendation as to whether or not the deputy Ministerial office (see subsection (8)) should be retained.
  4. If before the end of the period of three years beginning with the time of devolution (“the initial period”) the Assembly resolves that the deputy Ministerial office should be abolished at a time specified in the resolution (before the end of the initial period), the Secretary of State shall make an order abolishing the deputy Ministerial office (see subsection (9)) at, or as soon as reasonably practicable after, the time specified.
  5. If—
    1. subsection (4) does not apply; and
    2. the Assembly does not resolve, before the end of the initial period, that the deputy Ministerial office should be retained for an additional period ending after the initial period,

    the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of the initial period.

  6. If—
    1. subsection (4) does not apply;
    2. the Assembly resolves that the deputy Ministerial office should be retained for an additional period ending after the initial period or for one or more further additional periods; and
    3. one of those additional periods ends without a further additional period having begun,the Secretary of State shall make an order abolishing the deputy Ministerial office as soon as reasonably practicable after the end of that period.
  7. A resolution of the Assembly under this section shall not be passed without the support of—
    1. a majority of the members voting on the motion for the resolution;
    2. a majority of the designated Nationalists voting; and
    3. a majority of the designated Unionists voting.
  8. In this section “deputy Ministerial office” has the same meaning as in Part 3A of Schedule 4A.
  9. In this section references to an order abolishing the deputy Ministerial office are to an order amending this Act and any other enactment so far as may be necessary to secure that the Northern Ireland Minister in charge of the department for the time being—
    1. is not to be supported by a deputy Minister (within the meaning of Part 3A of Schedule 4A); and
    2. need not belong to the largest or the second largest political designation (within that meaning).
  10. An order under this section—
    1. shall be made by statutory instrument; and
    2. may contain supplementary, incidental, consequential, transitional or saving provision.

Subheading 2. Functions

22. Statutory functions

  1. An Act of the Assembly or other enactment may confer functions on a Minister (but not a junior Minister) or a Northern Ireland department by name.
  2. Functions conferred on a Northern Ireland department by an enactment passed or made before the appointed day shall, except as provided by an Act of the Assembly or other subsequent enactment, continue to be exercisable by that department.
Head of state powers

23. Prerogative and executive powers

  1. The executive power in Northern Ireland shall continue to be vested in Her Majesty.
  2. As respects transferred matters, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall, subject to subsections (2A) and (3), be exercisable on Her Majesty’s behalf by any Minister or Northern Ireland department.
  3. So far as the Royal prerogative of mercy is exercisable on Her Majesty’s behalf under subsection (2), it is exercisable only by the Minister in charge of the Department of Justice.
  4. As respects the Northern Ireland Civil Service and the Commissioner for Public Appointments for Northern Ireland, the prerogative and other executive powers of Her Majesty in relation to Northern Ireland shall be exercisable on Her Majesty’s behalf by the First Minister and the deputy First Minister acting jointly.
  5. The First Minister and deputy First Minister acting jointly may by prerogative order under subsection (3) direct that such of the powers mentioned in that subsection as are specified in the order shall be exercisable on Her Majesty’s behalf by a Northern Ireland Minister or Northern Ireland department so specified.

24. EU law, Convention rights etc

  1. A Minister or Northern Ireland department has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act—
    1. International human rights treaties
      is incompatible with any of the Convention rights;
    2. International organizations
      is incompatible with EU law;
    3. discriminates against a person or class of person on the ground of religious belief or political opinion;
    4. in the case of an act, aids or incites another person to discriminate against a person or class of person on that ground; or
    5. in the case of legislation, modifies an enactment in breach of section 7.
  2. Subsection (1)(c) and (d) does not apply in relation to any act which is unlawful by virtue of the Fair Employment and Treatment (Northern Ireland) Order 1998, or would be unlawful but for some exception made by virtue of Part VIII of that Order.
Federal review of subnational legislation

25. Excepted and reserved matters

  1. If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision dealing with an excepted or reserved matter, the Secretary of State may by order revoke the legislation.
  2. An order made under subsection (1) shall recite the reasons for revoking the legislation and may make provision having retrospective effect.
Federal review of subnational legislation, International law

26. International obligations

  1. If the Secretary of State considers that any action proposed to be taken by a Minister or Northern Ireland department would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order, he may by order direct that the proposed action shall not be taken.
  2. If the Secretary of State considers that any action capable of being taken by a Minister or Northern Ireland department is required for the purpose of giving effect to any international obligations, of safeguarding the interests of defence or national security or of protecting public safety or public order, he may by order direct that the action shall be taken.
  3. In subsections (1) and (2), “action” includes making, confirming or approving subordinate legislation and, in subsection (2), includes introducing a Bill in the Assembly.
  4. If any subordinate legislation made, confirmed or approved by a Minister or Northern Ireland department contains a provision which the Secretary of State considers-
    1. would be incompatible with any international obligations, with the interests of defence or national security or with the protection of public safety or public order; or
    2. would have an adverse effect on the operation of the single market in goods and services within the United Kingdom,the Secretary of State may by order revoke the legislation.
  5. An order under this section shall recite the reasons for making the order and may make provision having retrospective effect.
International organizations, International law

27. Quotas for purposes of international etc obligations

  1. A Minister of the Crown may make an order containing provision such as is specified in subsection (2) where—
    1. an international obligation or an obligation under EU law is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise); and
    2. the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which is or includes the whole or part of Northern Ireland).
  2. The provision referred to in subsection (1) is provision for the achievement by a Minister or Northern Ireland department (in the exercise of his or its functions) of so much of the result to be achieved under the international obligation or obligation under EU law as is specified in the order.
  3. The order may specify the time by which any part of the result to be achieved by the Minister or department is to be achieved.
  4. Where an order under subsection (1) is in force in relation to an international obligation or an obligation under EU law, the obligation shall have effect for the purposes of this Act as if it were an obligation to achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.
  5. No order shall be made by a Minister of the Crown under subsection (1) unless he has consulted the Minister or department concerned.

28. Agency arrangements between UK and NI departments

  1. Arrangements may be made between—
    1. any department of the Government of the United Kingdom or any public body, or holder of a public office, in the United Kingdom; and
    2. any Northern Ireland department,

    for any functions of one of them to be discharged by, or by officers of, the other.

  2. No such arrangements shall affect the responsibility of the person on whose behalf any functions are discharged.
  3. In this section—
    1. references to a department of the Government of the United Kingdom include references to any Minister of the Crown; and
    2. references to a Northern Ireland department include references to a Minister.

28A. Ministerial Code

  1. Without prejudice to the operation of section 24, a Minister or junior Minister shall act in accordance with the provisions of the Ministerial Code.
  2. In this section “the Ministerial Code” means—
    1. the Ministerial Code that becomes the Ministerial Code for the purposes of this section by virtue of paragraph 4 of Schedule 1 to the Northern Ireland (St Andrews Agreement) Act 2006 (as from time to time amended in accordance with this section); or
    2. any replacement Ministerial Code prepared and approved in accordance with this section (as from time to time amended in accordance with this section).
  3. If at any time the Executive Committee—
    1. prepares draft amendments to the Ministerial Code; or
    2. prepares a draft Ministerial Code to replace the Ministerial Code,the First Minister and deputy First Minister acting jointly shall lay the draft amendments or the draft Code before the Assembly for approval.
  4. A draft Ministerial Code or a draft amendment to the Code—
    1. shall not be approved by the Assembly without cross-community support; and
    2. shall not take effect until so approved.
  5. The Ministerial Code must include provision for requiring Ministers or junior Ministers to bring to the attention of the Executive Committee any matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.
  6. The Ministerial Code must include provision for a procedure to enable any Minister or junior Minister to ask the Executive Committee to determine whether any decision that he is proposing to take, or has taken, relates to a matter that ought, by virtue of section 20(3) or (4), to be considered by the Committee.
  7. The Ministerial Code must also include provision as to the procedures of the Executive Committee with respect to—
    1. the taking of decisions; and
    2. consideration by the Committee of decision papers that are to be considered by the North-South Ministerial Council or the British-Irish Council.
  8. The Ministerial Code must in particular provide—
    1. that it is the duty of the chairmen of the Executive Committee to seek to secure that decisions of the Executive Committee are reached by consensus wherever possible;
    2. that, if consensus cannot be reached, a vote may be taken; and
    3. that, if any three members of the Executive Committee require the vote on a particular matter which is to be voted on by the Executive Committee to require cross-community support, any vote on that matter in the Executive Committee shall require cross-community support in the Executive Committee.
  9. The Ministerial Code may include such other provisions as the Executive Committee thinks fit.
  10. Without prejudice to the operation of section 24, a Minister or junior Minister has no Ministerial authority to take any decision in contravention of a provision of the Ministerial Code made under subsection (5).

Subheading 3. Power to refer Ministerial decision to Executive Committee

28B. Power to refer Ministerial decision to Executive Committee

  1. This section applies if 30 members petition the Assembly expressing concern that a decision taken by a Minister or junior Minister (“the Ministerial decision”)—
    1. may have been taken in contravention of section 28A(1); or
    2. relates to a matter of public importance.
  2. But this section does not apply if the Ministerial decision has previously been the subject of a reference under this section.
  3. If the Presiding Officer, after consulting the political parties whose members hold seats in the Assembly, certifies that the Ministerial decision relates to a matter of public importance, he shall refer the decision to the Executive Committee for its consideration.
  4. Having considered the reference, the Executive Committee shall notify the Presiding Officer—
    1. whether or not the decision was, in its view, taken in contravention of section 28A(1);
    2. whether or not the decision relates, in its view, to a significant or controversial matter; and
    3. as to any action that the Executive Committee proposes to take, or has taken, in relation to the decision.
  5. No reference may be made under this section after the end of the period of seven days beginning with—
    1. the day on which the Ministerial decision was taken; or
    2. if appropriate, the day on which the decision was notified to the Assembly.
  6. Any consideration by the Executive Committee of a Ministerial decision under this section must be completed before the end of the period of seven days beginning with the day on which the reference is made.
  7. Standing orders shall make provision with respect to the procedure to be followed—
    1. in petitioning the Assembly under subsection (1); and
    2. in making a reference under this section.
  8. The periods mentioned in subsections (5) and (6) shall be computed by reference only to days on which the Assembly sits.

Subheading 4. Executive Committee: further provisions

28C. Power of Executive Committee to call for witnesses and documents

Section 44 applies to the Executive Committee as it applies to the Assembly, but as if—

  1. in subsection (1), for “any person” there were substituted a senior officer of a Northern Ireland department (within the meaning given by Article 2(3) of the Departments (Northern Ireland) Order 1999);
  2. at the end of that subsection there were inserted but only in so far as they are matters in relation to which the Executive Committee's functions under section 20(3) or (4) are exercisable;
  3. subsection (6) were omitted; and
  4. in subsection (7), for “The Presiding Officer” there were substituted The First Minister and the deputy First Minister acting jointly.
Protection of language use

28D. Strategies relating to Irish language and Ulster Scots language etc

  1. The Executive Committee shall adopt a strategy setting out how it proposes to enhance and protect the development of the Irish language.
  2. The Executive Committee shall adopt a strategy setting out how it proposes to enhance and develop the Ulster Scots language, heritage and culture.
  3. The Executive Committee—
    1. must keep under review each of the strategies; and
    2. may from time to time adopt a new strategy or revise a strategy.

28E. Strategy relating to poverty, social exclusion etc

  1. The Executive Committee shall adopt a strategy setting out how it proposes to tackle poverty, social exclusion and patterns of deprivation based on objective need.
  2. The Executive Committee—
    1. must keep under review the strategy; and
    2. may from time to time adopt a new strategy or revise the strategy.

Subheading 5. Miscellaneous

29. Statutory committees

  1. Standing orders shall make provision—
    1. for establishing committees of members of the Assembly (“statutory committees”)
      1. to advise and assist the First Minister and the deputy First Minister in the formulation of policy with respect to matters within their responsibilities as Ministers jointly in charge of the Office of the First Minister and deputy First Minister, and
      2. to advise and assist each Northern Ireland Minister in the formulation of policy with respect to matters within his responsibilities as a Minister;
    2. for enabling a committee to be so established either in relation to a single Northern Ireland Minister or in relation to more than one; and
    3. conferring on the committees the powers described in paragraph 9 of Strand One of the Belfast Agreement.
  2. Standing orders shall provide that—
    1. the nominating officer of the political party for which the formula in subsection (3) gives the highest figure may select a statutory committee and nominate as its chairman or deputy chairman a person who is a member of the party and of the Assembly;
    2. if the nominating officer does not exercise the power conferred by paragraph (a) within a period specified in standing orders, or the nominated person does not take up the selected office within that period, that power shall be exercisable instead by the nominating officer of the political party for which the formula in subsection (3) gives the next highest figure; and
    3. paragraphs (a) and (b) shall be applied as many times as may be necessary to secure that a chairman and deputy chairman are nominated for each of the statutory committees.
  3. The formula is—

    S/(1+C)

    where—

    • S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election;

      C = the number of chairmen and deputy chairmen of statutory committees (if any) who are members of the party.

  4. Standing orders shall provide that, where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.
  5. Standing orders shall provide that—
    1. a Minister or junior Minister may not be the chairman or deputy chairman of a statutory committee; and
    2. in making a selection under the provision made by virtue of subsection (2)(a), a nominating officer shall prefer a committee in which he does not have a party interest to one in which he does.
  6. A member of the Assembly who is—
    1. a Minister of the Government of Ireland, or
    2. chairman or deputy chairman of—
      1. a committee of the Dáil ÿireann (House of Representatives of Ireland),
      2. a committee of the Seanad ÿireann (Senate of Ireland), or
      3. a joint committee of the Oireachtas (National Parliament of Ireland),

    may not be the chairman or deputy chairman of a statutory committee.

  7. For the purposes of subsection (5) a nominating officer has a party interest in a committee if
    1. it is established to advise and assist the First Minister and the deputy First Minister and either of those Ministers is a member of his party; or
    2. it is established to advise and assist a Northern Ireland Minister and that Minister is a member of his party.
  8. Standing orders shall provide that a chairman or deputy chairman shall cease to hold office if—
    1. he resigns by notice in writing to the Presiding Officer;
    2. he ceases to be a member of the Assembly; or
    3. he is dismissed by the nominating officer who nominated him (or that officer’s successor) and the Presiding Officer is notified of his dismissal.
  9. Standing orders shall provide that, where an office of chairman or deputy chairman is vacant, the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate a person to hold the office who is a member of the party and of the Assembly.
  10. Standing orders shall provide that if—
    1. the nominating officer does not exercise the power conferred by subsection (8) within a period specified in standing orders; or
    2. the nominated person does not take up the selected office within that period,

    the vacancy shall be filled by applying the provision made by virtue of subsections (2) to (5).

  11. In this section “nominating officer” has the same meaning as in section 18.

29A. Committee to review functioning of Assembly and Executive Committee

  1. Standing orders shall make provision—
    1. for establishing a committee to examine such matters relating to the functioning of the Assembly and the Executive Committee as may be specified in the standing orders;
    2. in relation to the membership of the committee; and
    3. for regulating proceedings of the committee.
  2. Standing orders shall provide for the committee to make reports—
    1. to the Assembly; and
    2. to the Executive Committee.
  3. The committee shall, by no later than 1 May 2015, make a report on the operation of the provisions of Parts 3 and 4 of this Act—
    1. to the Secretary of State;
    2. to the Assembly; and
    3. to the Executive Committee.

29B. Review of operation of sections 16A to 16C

  1. Standing orders shall require the committee established by virtue of section 29A to consider—
    1. the operation of sections 16A to 16C; and
    2. in particular, whether to recommend that the Secretary of State should make an order amending this Act and any other enactment so far as may be necessary to secure that they have effect, as from the date of the election of the 2011 Assembly, as if the executive selection amendments had not been made.
  2. In subsection (1)—
    • “the 2011 Assembly” means the Assembly due to be elected under section 31 in 2011;

      “the executive selection amendments” means the amendments made by section 8 of, and paragraphs 1, 2(1) and (2) and 3 to 14 of Schedule 5 to, the Northern Ireland (St Andrews Agreement) Act 2006.

29C. Review of functions relating to judicial appointments and removals

Standing orders shall require one of the committees established by virtue of section 29 or the committee established by virtue of section 29A—

  1. to review the operation of the amendments made by Schedules 2 to 5 to the Northern Ireland Act 2009,
  2. to report on its review by a specified date that is before 1 May 2012, and
  3. to include in its report any recommendations it has for changes to the way in which judicial office holders are appointed and removed.

30. Exclusion of Ministers from office

  1. If the Assembly resolves that a Minister or junior Minister no longer enjoys the confidence of the Assembly—
    1. because he is not committed to non-violence and exclusively peaceful and democratic means; or
    2. because of any failure of his to observe any other terms of the pledge of office,

    he shall be excluded from holding office as a Minister or junior Minister for such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.

  2. The Assembly may, before a period of exclusion under subsection (1) comes to an end, by resolution extend it until the end of such period of not less than three months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.
  3. If the Assembly resolves that a political party does not enjoy the confidence of the Assembly—
    1. because it is not committed to non-violence and exclusively peaceful and democratic means; or
    2. because it is not committed to such of its members as are or might become Ministers or junior Ministers observing the other terms of the pledge of office,members of that party shall be excluded from holding office as Ministers or junior Ministers for such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.
  4. The Assembly may, before a period of exclusion under subsection (2) comes to an end, by resolution extend it until the end of such period of not less than six months, and not more than twelve months, beginning with the date of the resolution as the resolution may provide.
  5. A period of exclusion under subsection (1) or (2) shall come to an end if the Assembly—
    1. is dissolved; or
    2. resolves to bring the exclusion to an end.
  6. A motion for a resolution under this section shall not be moved unless—
    1. it is supported by at least 30 members of the Assembly;
    2. it is moved by the First Minister and the deputy First Minister acting jointly; or
    3. it is moved by the Presiding Officer in pursuance of a notice under subsection (6).
  7. If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.
  8. In forming an opinion under subsection (6), the Secretary of State shall in particular take into account each of the following—
    1. whether the person or party concerned is committed to the use now and in the future of only democratic and peaceful means to achieve his or its objectives;
    2. whether he or it has ceased to be involved in any acts of violence or of preparation for violence;
    3. whether he or it is directing or promoting acts of violence by other persons;
    4. whether he or it is co-operating fully with any Commission of the kind referred to in section 7 of the Northern Ireland Arms Decommissioning Act 1997 in implementing the Decommissioning section of the Belfast Agreement;
    5. [omitted]
  9. A resolution under this section shall not be passed without cross-community support.
  10. In this section a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended.

30A. [Repealed]

30B. Secretary of State’s powers in exceptional circumstances

  1. Under exceptional circumstances the Secretary of State may by direction temporarily exclude a Minister or junior Minister.
  2. An exclusion under subsection (1) shall only remain in effect until either—
    1. [Omitted]
    2. the Assembly has considered a resolution under section 30(1) or (2); or
    3. a period of two weeks has elapsed.
  3. In subsection (1) “exceptional circumstances” include where—
    1. [Omitted]
    2. there is insufficient time for the Assembly to consider a resolution under section 30(1) or (2).
  4. A direction made under this section shall be in writing and shall be laid before Parliament after the direction is given.]

Part IV. The Northern Ireland Assembly

Subheading 1. Elections etc

31. Dates of elections and dissolutions

  1. Subject to subsection (2), the date of the poll for the election of each Assembly shall be the first Thursday in May in the fifth calendar year following that in which its predecessor was elected; and the predecessor shall be dissolved at the beginning of the minimum period which ends with that date.
  2. The date of the poll for the election of the Assembly next following the Assembly elected at the poll on 26 November 2003 shall be 7 March 2007; and the Assembly elected on 26 November 2003 shall be dissolved on 30 January 2007.
  3. The Secretary of State may at any time by order direct that the date of the poll for the election of the next Assembly shall, instead of being that specified in subsection (1), be a date specified in the order being a date falling not more than two months before or after the date specified in that subsection.
  4. An Assembly elected under this section or section 32 shall meet within the period of eight days beginning with the day of the poll at which it is elected.
  5. For the purposes of subsection (4), a Saturday, a Sunday, Christmas Day, Good Friday and any day which is a bank holiday in Northern Ireland shall be disregarded, as shall any day on which section 1 of the Northern Ireland Act 2000 is in force.
  6. In this section “minimum period” means a period determined in accordance with an order of the Secretary of State.

32. Extraordinary elections

  1. If the Assembly passes a resolution that it should be dissolved the Secretary of State shall propose a date for the poll for the election of the next Assembly.
  2. A resolution under subsection (1) shall not be passed without the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly.
  3. If—
    1. the period mentioned in section 16A(3) ends without the offices of First Minister and deputy First Minister and the Ministerial offices to be held by Northern Ireland Ministers having been filled; or
    2. the period mentioned in section 16B(3) ends without the offices of First Minister and deputy First Minister having been filled,

    the Secretary of State shall propose a date for the poll for the election of the next Assembly.

  4. If the Secretary of State proposes a date under subsection (1) or (3), Her Majesty may by Order in Council—
    1. direct that the date of the poll for the election of the next Assembly shall, instead of being determined in accordance with section 31, be the date proposed; and
    2. provide for the Assembly to be dissolved on a date specified in the Order.

33. Constituencies and numbers of members

  1. The members of the Assembly shall be returned for the parliamentary constituencies in Northern Ireland.
  2. Each constituency shall return six members.
  3. An Order in Council under the Parliamentary Constituencies Act 1986 changing a parliamentary constituency in Northern Ireland shall have effect for the purposes of this Act in relation to—
    1. the first election under section 31 or 32 which takes place after the Order comes into force; and
    2. later elections under that section and by-elections.

34. Elections and franchise

  1. This section applies to elections of members of the Assembly, including by-elections.
  2. Each vote in the poll at an election shall be a single transferable vote.
  3. A single transferable vote is a vote—
    1. capable of being given so as to indicate the voter’s order of preference for the candidates for election as members for the constituency; and
    2. capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.
  4. The Secretary of State may by order make provision about elections or any matter relating to them.
  5. In particular, an order under subsection (4) may make—
    1. provision as to the persons entitled to vote at an election and the registration of such persons;
    2. provision for securing that no person stands as a candidate for more than one constituency at a general election;
    3. provision for determining the date of the poll at a by-election;
    4. provision about deposits.
  6. An order under subsection (4) may apply (with or without modifications) any provision of, or made under, any enactment.
  7. An order under subsection (4) may make different provision for different areas about the conduct of elections, including different provision about the registration of persons entitled to vote at an election.

35. Vacancies

  1. The Secretary of State may by order make provision for the filling of vacancies occurring in the Assembly’s membership.
  2. Such provision may be made by reference to by-elections or substitutes or such other method of filling vacancies as the Secretary of State thinks fit.
  3. If a seat becomes vacant, the Presiding Officer shall as soon as reasonably practicable inform the Chief Electoral Officer for Northern Ireland.
  4. The validity of any proceedings of the Assembly is not affected by any vacancy in its membership.
  5. An order under subsection (1) may apply (with or without modifications) any provision of, or made under, any enactment.

Subheading 2. Disqualification

36. Disqualification

  1. The Northern Ireland Assembly Disqualification Act 1975 shall have effect as if any reference to the Assembly established under section 1 of the Northern Ireland Assembly Act 1973 were a reference to the Assembly.
  2. No recommendation shall be made to Her Majesty to make an Order in Council under section 3(1) of the Northern Ireland Assembly Disqualification Act 1975 (power to amend Schedule 1) without the consent of the Secretary of State.
  3. A person who is Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland is disqualified for membership of the Assembly for a constituency comprising the whole or part of the county or county borough.
  4. A person is disqualified for membership of the Assembly if he is disqualified for membership of the House of Commons otherwise than under the House of Commons Disqualification Act 1975.
  5. [Repealed]
  6. A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that—
    1. he is a peer; or
    2. he is a Lord Spiritual.
  7. A person is not disqualified for membership of the Assembly by virtue of subsection (4) by reason only that he is disqualified under section 3 of the Act of Settlement (certain persons born out of the Kingdom) if he is a citizen of the European Union.

37. Effect of disqualification and provision for relief

  1. Subject to any order made by the Assembly under this section—
    1. if any person disqualified by virtue of the Northern Ireland Assembly Disqualification Act 1975 or section 36 is returned as a member of the Assembly, his return shall be void; and
    2. if any person being a member of the Assembly becomes disqualified by virtue of that act or that section, his seat shall be vacated.
  2. If, in a case which falls or is alleged to fall within subsection (1) otherwise than by virtue of section 36(4), it appears to the Assembly—
    1. that the grounds of disqualification or alleged disqualification which subsisted or arose at the material time have been removed; and
    2. that it is otherwise proper so to do,

    the Assembly may by order direct that any such disqualification incurred on those grounds at that time shall be disregarded for the purposes of this section.

  3. No order under subsection (2) shall affect the proceedings on any election petition or any determination of an election court.
  4. Subsection (1)(b) has effect subject to section 427 of the Insolvency Act 1986 (bankruptcy etc); and where, in consequence of that section, the seat of a disqualified member of the Assembly has not been vacated—
    1. he shall not participate in any proceedings of the Assembly; and
    2. any of his other rights and privileges as a member of the Assembly may be withdrawn by a resolution of the Assembly.
  5. The validity of any proceedings of the Assembly is not affected by the disqualification of any person from being a member of the Assembly or from being a member for the constituency for which he purports to sit.

38. Disqualification: judicial proceedings

  1. Any person who claims that a person purporting to be a member of the Assembly—
    1. is disqualified; or
    2. was disqualified when, or at any time since, he was returned,may apply to the High Court of Justice in Northern Ireland for a declaration to that effect.
  2. On an application—
    1. the person in respect of whom the application is made shall be the respondent;
    2. the applicant shall give such security for costs, not exceeding £5,000, as the court may direct; and
    3. the decision of the court shall be final.
  3. A declaration made in accordance with this section shall be certified in writing to the Secretary of State by the court.
  4. No such declaration shall be made in respect of a person on any grounds if an order has been made by the Assembly under subsection (2) of section 37 directing that any disqualification incurred by him on those grounds shall be disregarded for the purposes of that section.
  5. No declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue.
  6. The Secretary of State may by order substitute for the amount specified in subsection (2)(b) such other amount as may be specified in the order.

Subheading 3. Presiding Officer and Commission

39. Presiding Officer

  1. Each Assembly shall as its first business elect from among its members a Presiding Officer and deputies.
  2. A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless—
    1. he previously resigns;
    2. he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; or
    3. the Assembly elects from among its members a person to hold office as Presiding Officer or deputy in his place.
  3. If the Presiding Officer or a deputy ceases to hold office (otherwise than under subsection (2)(c)) before the Assembly is dissolved, the Assembly shall elect another from among its members to fill his place.
  4. The Presiding Officer’s functions may be exercised by a deputy if the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act.
  5. The Presiding Officer may (subject to standing orders) authorise a deputy to exercise functions on his behalf.
  6. Standing orders may include provision as to the participation (including voting) of the Presiding Officer and deputies in the proceedings of the Assembly.
  7. A person shall not be elected under subsections (1) to (3) without cross-community support.

40. Commission

  1. There shall be a body corporate, to be known as the Northern Ireland Assembly Commission (“the Commission”), to perform—
    1. the functions conferred on the Commission by virtue of any enactment; and
    2. any functions conferred on the Commission by resolution of the Assembly.
  2. The members of the Commission shall be—
    1. the Presiding Officer; and
    2. the prescribed number of members of the Assembly appointed in accordance with standing orders.
  3. In subsection (2) “the prescribed number” means 5 or such other number as may be prescribed by standing orders.
  4. A member of the Assembly who is—
    1. a Minister of the Government of Ireland, or
    2. chairman or deputy chairman of—
      1. a committee of the Dáil Éireann (House of Representatives of Ireland),
      2. a committee of the Seanad Éireann (Senate of Ireland), or
      3. a joint committee of the Oireachtas (National Parliament of Ireland),

    may not be appointed as a member of the Commission.

  5. The Commission shall provide the Assembly, or ensure that the Assembly is provided, with the property, staff and services required for the Assembly’s purposes.
  6. The Assembly may give special or general directions to the Commission for the purpose of or in connection with the exercise of the Commission’s functions.
  7. Proceedings by or against the Assembly (other than proceedings on the Crown side of the Queen’s Bench Division) shall be instituted by or against the Commission on behalf of the Assembly.
  8. Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the Commission to which (apart from this subsection) the Assembly would be entitled or subject shall be treated for all purposes as property or liabilities of the Commission.
  9. Any expenses of the Commission shall be defrayed out of money appropriated by Act of the Assembly.
  10. Any sums received by the Commission shall be paid into the Consolidated Fund of Northern Ireland, subject to any provision made by Act of the Assembly for the disposal of or accounting for such sums.
  11. Schedule 5 (which makes further provision about the Commission) shall have effect.

Subheading 4. Proceedings etc

41. Standing orders

  1. The proceedings of the Assembly shall be regulated by standing orders.
  2. Standing orders shall not be made, amended or repealed without cross-community support.
  3. Schedule 6 (which makes provision as to how certain matters are to be dealt with by standing orders) shall have effect.

42. Petitions of concern

  1. If 30 members petition the Assembly expressing their concern about a matter which is to be voted on by the Assembly, the vote on that matter shall require cross-community support.
  2. Standing orders shall make provision with respect to the procedure to be followed in petitioning the Assembly under this section, including provision with respect to the period of notice required.
  3. Standing orders shall provide that the matter to which a petition under this section relates may be referred, in accordance with paragraphs 11 and 13 of Strand One of the Belfast Agreement, to the committee established under section 13(3)(a).

43. Members’ interests

  1. Standing orders shall include provision for a register of interests of members of the Assembly, and for—
    1. registrable interests (as defined in standing orders) to be registered in it; and
    2. the register to be published and made available for public inspection.
  2. Standing orders shall include provision requiring that any member of the Assembly who has—
    1. a financial interest (as defined in standing orders) in any matter; or
    2. any other interest, or an interest of any other kind, specified in standing orders in any matter,declares that interest before taking part in any proceedings of the Assembly relating to that matter.
  3. Standing orders made in pursuance of subsection (1) or (2) may include provision for preventing or restricting the participation in proceedings of the Assembly of a member with a registrable interest, or an interest mentioned in subsection (2), in a matter to which the proceedings relate.
  4. Standing orders shall include provision prohibiting a member of the Assembly from—
    1. advocating or initiating any cause or matter on behalf of any person, by any means specified in standing orders, in consideration of any payment or benefit in kind of a description so specified; or
    2. urging, in consideration of any such payment or benefit in kind, any other member of the Assembly to advocate or initiate any cause or matter on behalf of any person by any such means.
  5. Standing orders may include provision—
    1. for excluding from proceedings of the Assembly any member who fails to comply with, or contravenes, any provision made in pursuance of subsections (1) to (4); and
    2. for withdrawing his rights and privileges as a member for the period of his exclusion.
  6. Any member of the Assembly who—
    1. takes part in any proceedings of the Assembly without having complied with, or in contravention of, any provision made in pursuance of subsections (1) to (3); or
    2. contravenes any provision made in pursuance of subsection (4),is guilty of an offence.
  7. A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
  8. Proceedings for an offence under subsection (6) shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.

44. Power to call for witnesses and documents

  1. The Assembly may require any person—
    1. to attend its proceedings for the purpose of giving evidence; or
    2. to produce documents in his custody or under his control,

    relating to any of the matters mentioned in subsection (2).

  2. Those matters are—
    1. transferred matters concerning Northern Ireland;
    2. other matters in relation to which statutory functions are exercisable by Ministers or the Northern Ireland departments.
  3. The power in subsection (1) is exercisable in relation to a person outside Northern Ireland only in connection with the discharge by him of functions relating to matters within subsection (2).
  4. That power is not exercisable in relation to a person who is or has been a Minister of the Crown, or a person who is or has been in Crown employment within the meaning of Article 236 of the Employment Rights (Northern Ireland) Order 1996, in connection with the discharge of any functions prior to the appointed day or during a period when section 1 of the Northern Ireland Act 2000 was in force.
  5. That power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a function which relates to a matter which is a transferred matter by virtue of an Order under section 4.For this purpose “relevant period” means a period when the matter was not a transferred matter.
  6. That power is not exercisable in relation to a person mentioned in subsection (4) in connection with the discharge, during a relevant period, of a statutory function which—
    1. is exercisable by a Minister or a Northern Ireland department; but
    2. was at any time exercisable by a Minister of the Crown.

    For this purpose “relevant period” means a period when the statutory function was exercisable by a Minister of the Crown.

  7. That power is not exercisable in relation to—
    1. a person discharging functions of any body whose functions relate to excepted matters, in connection with the discharge by him of those functions;
    2. a person discharging functions of any body whose functions relate to reserved matters, in connection with the discharge by him of those functions;
    3. a judge of any court or a member of any tribunal which exercises the judicial power of the State.
  8. That power may be exercised by a committee of the Assembly only if the committee is expressly authorised to do so by standing orders.
  9. The Presiding Officer shall give the person in question notice in writing specifying—
    1. the time and place at which the person is to attend and the particular matters relating to which he is required to give evidence; or
    2. the documents, or types of documents, which he is to produce, the date by which he is to produce them and the particular matters to which they are to relate.
  10. Such notice shall be given—
    1. in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to him at his usual or last known address or, where he has given an address for service, at that address;
    2. in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person’s registered or principal office.
  11. A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court in Northern Ireland.
  12. In this section “statutory functions” means functions conferred by virtue of any enactment.

45. Witnesses and documents: offences

  1. Subject to subsection (9) of section 44, any person to whom a notice under subsection (7) of that section has been given who—
    1. refuses or fails to attend proceedings as required by the notice;
    2. refuses or fails, when attending proceedings as required by the notice, to answer any question relating to the matters specified in the notice;
    3. deliberately alters, suppresses, conceals or destroys any document which he is required to produce by the notice; or
    4. refuses or fails to produce any such document,

    is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

  2. It is a defence for a person charged with an offence under subsection (1)(a), (b) or (d) to prove that he had a reasonable excuse for the refusal or failure.
  3. Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
    1. a director, manager, secretary or other similar officer of the body corporate; or
    2. any person who was purporting to act in any such capacity,he, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.
  4. Proceedings for an offence under this section shall not be taken without the consent of the Director of Public Prosecutions for Northern Ireland.
  5. For the purposes of section 44 and this section, a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document.

46. Witnesses: oaths

  1. The Presiding Officer or such other person as may be authorised by standing orders may—
    1. administer an oath to any person giving evidence in proceedings of the Assembly; and
    2. require him to take the oath.
  2. Any person who refuses to take an oath when required to do so under subsection (1)(b) is guilty of an offence.
  3. A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding three months.

Subheading 5. Remuneration and pensions

47. Remuneration of members

  1. The Assembly shall pay to members of the Assembly such salaries as may from time to time be determined.
  2. The Assembly may pay to members of the Assembly such allowances as may from time to time be determined.
  3. The Assembly may make provision—
    1. determining the salaries or allowances payable to members of the Assembly under this section, or
    2. providing for those salaries or allowances to be determined by a person other than the Assembly in accordance with the provision.
  4. Different provision may be made for different cases (for example, provision for higher salaries to be payable to Ministers or other office holders).
  5. [Omitted]
  6. Provision under subsection (2A) must ensure that, if a salary is payable to a member of the Assembly (“M”) as a member of the House of Lords or as a member of the European Parliament—
    1. if M does not hold an office within subsection (9A), no salary is payable to M under this section;
    2. f M holds an office within subsection (9A), the salary which would otherwise be payable to M under this section is reduced by the appropriate amount.
  7. The appropriate amount is the amount of the salary payable under this section to members of the Assembly generally.
  8. [Omitted]
  9. [Omitted]
  10. [Omitted]
  11. Standing orders must include provision for the publication of every determination of salaries or allowances by provision under subsection (2A)(a).
  12. Provision under subsection (2A)(b) must include provision for the publication of every determination of salaries or allowances under that provision.
  13. For the purposes of this section—
    1. a person’s membership of the Assembly begins on the day on which he takes his seat in accordance with standing orders; and
    2. a person’s holding of an office within subsection (9A) begins on the day on which he takes up office.
  14. An office is within this subsection if the salary payable under this section to a member of the Assembly holding the office is higher than the salary payable under this section to members of the Assembly generally.
  15. For the purposes of this section, a person who is a member of the Assembly immediately before the Assembly is dissolved shall be treated—
    1. if he continues to hold office as a Minister or junior Minister, as Presiding Officer or deputy or as a member of the Northern Ireland Assembly Commission, as if he were a member of the Assembly until the end of the day on which he ceases to hold the office; and
    2. if he does not fall within paragraph (a) but is nominated as a candidate at the subsequent general election, as if he were a member of the Assembly until the end of the day of the poll for that election.
  16. The provision which may be made by the Assembly for the purposes of this section includes provision—
    1. by a resolution of the Assembly conferring functions on the Northern Ireland Assembly Commission, or
    2. by an Act of the Assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision).
  17. Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

47A. Resolutions about reduction of remuneration

  1. If, in relation to the salary payable under section 47 to a Minister or junior Minister, the Assembly resolves that the whole or a specified part of the salary payable for a specified period shall not be payable—
    1. because he is not committed to non-violence and exclusively peaceful and democratic means, or
    2. because of any failure of his to observe any other terms of the pledge of office,

    the salary payable to him under that section shall be reduced accordingly.

  2. If, in relation to the salaries payable under section 47 to members of the Assembly who are members of a particular political party, the Assembly resolves that the whole or a specified part of the salaries payable for a specified period shall not be payable—
    1. because that party is not committed to non-violence and exclusively peaceful and democratic means, or
    2. because it is not committed to such of its members as are or might become Ministers or junior Ministers observing the other terms of the pledge of office,the salaries payable to them under that section shall be reduced accordingly.
  3. The Assembly may, before the end of the period by reference to which a reduction under subsection (1) or (2) falls to be made, by resolution extend that period.
  4. [Omitted]
  5. The period by reference to which a reduction under subsection (1) or (2) falls to be made shall come to an end if the Assembly—
    1. is dissolved; or
    2. resolves to bring the reduction to an end.
  6. A motion for a resolution under this section shall not be moved unless—
    1. it is supported by at least 30 members of the Assembly;
    2. it is moved by the First Minister and the deputy First Minister acting jointly; or
    3. it is moved by the Presiding Officer in pursuance of a notice under subsection (7).
  7. If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.
  8. In forming an opinion under subsection (7), the Secretary of State shall in particular take into account the matters listed in section 30(7).
  9. A resolution under this section shall not be passed without cross-community support.
  10. In this section a reference to—
    1. the period by reference to which a reduction under subsection (1) or (2) falls to be made
    2. [Omitted]

    is, where the period has been extended, a reference to the period as extended.

47B. [Repealed]

47C. Sections 47A and 47B: specified periods and extensions

  1. A period specified under section 47A(1) or (2)—
    1. shall begin no earlier than the end of the day when the resolution or direction specifying it is passed or given;
    2. shall begin no later than the end of the period of one month beginning with that day; and
    3. shall not be longer than 12 months.
  2. The power under section 47A(3) to extend a period is a power to extend it until the end of such period of not more than 12 months beginning with the date of the resolution, by which the power is exercised as the resolution may provide.

48. Pensions of members

  1. The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who—
    1. has ceased to be a member of the Assembly; or
    2. has ceased to hold an office within subsection (1A) but continues to be a member of the Assembly.
  2. An office is within this subsection if the salary payable under section 47 to a member of the Assembly holding the office is higher than the salary payable under that section to members of the Assembly generally.
  3. Such provision may, in particular, include provision for—
    1. contributions or payments towards provision for such pensions, gratuities or allowances;
    2. the establishment and administration (whether by the Commission or otherwise) of one or more pension schemes.
  4. Where any salary payable to a person under section 47 is not payable because of section 47A, any provision made under this section for the payment of pensions which has effect in relation to him shall apply as if the salary were payable.
  5. In this section—
    • “the Commission” means the Northern Ireland Assembly Commission;

      “provision” includes provision—

      1. by an Act of the Assembly (which may include provision establishing an office or body, provision conferring functions on an office-holder or body and ancillary provision); or
      2. by a resolution of the Assembly conferring functions on the Commission.
  6. Any expenditure incurred by the Assembly under this section shall be defrayed out of money appropriated by Act of the Assembly.

Subheading 6. Miscellaneous

49. Letters Patent etc

  1. Her Majesty may by Order in Council make provision as to—
    1. the form and manner of preparation; and
    2. the publication,

    of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by the Assembly.

  2. If the First Minister and the deputy First Minister acting jointly so direct, impressions with the same device as the Great Seal of Northern Ireland shall be taken in such manner, of such size and on such material as is specified in the direction.
  3. Each such impression—
    1. shall be known as a Wafer Great Seal of Northern Ireland; and
    2. shall be kept in accordance with directions of the First Minister and the deputy First Minister acting jointly.
  4. If a Wafer Great Seal of Northern Ireland has been applied to Letters Patent mentioned in subsection (1), the document has the same validity as if it had passed under the Great Seal of Northern Ireland.

50. Privilege

  1. For the purposes of the law of defamation, absolute privilege shall attach to—
    1. the making of a statement in proceedings of the Assembly; and
    2. the publication of a statement under the Assembly’s authority.
  2. A person is not guilty of contempt of court under the strict liability rule as the publisher of any matter—
    1. in the course of proceedings of the Assembly which relate to a Bill or subordinate legislation; or
    2. to the extent that it consists of a fair and accurate report of such proceedings which is made in good faith.
  3. In this section—
    • “statement” has the same meaning as in the Defamation Act 1996;

      “the strict liability rule” has the same meaning as in the Contempt of Court Act 1981.

51. Resignation of members

A member of the Assembly may at any time resign his seat by notice in writing to the Presiding Officer.

51A. Resolutions about reduction of financial assistance

  1. If the Assembly resolves that the whole or a specified part of any financial assistance payable for a specified period under the Financial Assistance for Political Parties Act (Northern Ireland) 2000 to a particular political party shall not be payable—
    1. because it is not committed to non-violence and exclusively peaceful and democratic means, or
    2. because it is not committed to such of its members as are or might become Ministers or junior Ministers observing the other terms of the pledge of office,the financial assistance payable to it under that Act shall be reduced accordingly.
  2. The Assembly may, before the end of the period by reference to which a reduction under subsection (1) falls to be made, by resolution extend that period.
  3. [Omitted]
  4. The period by reference to which a reduction under subsection (1) falls to be made shall come to an end if the Assembly—
    1. is dissolved; or
    2. resolves to bring the reduction to an end.
  5. A motion for a resolution under this section shall not be moved unless—
    1. it is supported by at least 30 members of the Assembly;
    2. it is moved by the First Minister and the deputy First Minister acting jointly; or
    3. it is moved by the Presiding Officer in pursuance of a notice under subsection (6).
  6. If the Secretary of State is of the opinion that the Assembly ought to consider a resolution under this section, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.
  7. In forming an opinion under subsection (6), the Secretary of State shall in particular take into account the matters listed in section 30(7).
  8. A resolution under this section shall not be passed without cross-community support.
  9. In this section a reference to—
    1. the period by reference to which a reduction under subsection (1) falls to be made
    2. [Omitted]

    is, where the period has been extended, a reference to the period as extended.

51B. [Repealed]

51C. Sections 51A and 51B: specified periods and extensions

  1. A period specified under section 51A(1)—
    1. shall begin no earlier than the end of the day when the resolution or direction specifying it is passed or given;
    2. shall begin no later than the end of the financial year in which that day falls; and
    3. shall not be longer than 12 months.
  2. The power under section 51A(2) to extend a period is a power to extend it until the end of such period of not more than 12 months beginning with the date of the resolution, by which the power is exercised as the resolution may provide.

51D. Censure resolutions

  1. This section applies to the following resolutions of the Assembly—
    1. a resolution censuring a Minister or junior Minister—
      1. because he is not committed to non-violence and exclusively peaceful and democratic means; or
      2. because of any failure of his to observe any other terms of the pledge of office;
    2. a resolution censuring a political party—
      1. because it is not committed to non-violence and exclusively peaceful and democratic means; or
      2. because it is not committed to such of its members as are or might become Ministers or junior Ministers observing the other terms of the pledge of office.
  2. A motion for a resolution to which this section applies shall not be moved unless—
    1. it is supported by at least 30 members of the Assembly;
    2. it is moved by the First Minister and the deputy First Minister acting jointly; or
    3. it is moved by the Presiding Officer in pursuance of a notice under subsection (3).
  3. If the Secretary of State is of the opinion that the Assembly ought to consider a resolution to which this section applies, he shall serve a notice on the Presiding Officer requiring him to move a motion for such a resolution.
  4. In forming an opinion under subsection (3), the Secretary of State shall in particular take into account the matters listed in section 30(7).
  5. A resolution to which this section applies shall not be passed without cross-community support.

Part V. NSMC, BIC, BIIC etc

52A. North-South Ministerial Council and British-Irish Council

  1. The First Minister and the deputy First Minister acting jointly shall, as far in advance of each meeting of the North-South Ministerial Council or the British-Irish Council as is reasonably practicable, give to the Executive Committee and to the Assembly the following information in relation to the meeting—
    1. the date;
    2. the agenda; and
    3. (once determined under this section) the names of the Ministers or junior Ministers who are to attend the meeting.
  2. Each Minister or junior Minister who has responsibility (whether or not with another Minister or junior Minister) in relation to any matter included in the agenda for a meeting of either Council (“appropriate Minister”) shall be entitled—
    1. to attend the meeting; and
    2. to participate (see section 52C) in the meeting so far as it relates to that matter.
  3. An appropriate Minister may nominate another Minister or junior Minister—
    1. to attend the meeting in place of the appropriate Minister; and
    2. to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility,but a person may not be nominated under this subsection without his consent.
  4. Each appropriate Minister shall notify the First Minister and the deputy First Minister, as soon as reasonably practicable and in any event no later than 10 days before the date of the meeting, that—
    1. he intends to attend the meeting;
    2. he does not intend to attend the meeting but has nominated another person under subsection (3) to attend in his place; or
    3. he does not intend to attend the meeting and he does not intend, or has not been able, to make such a nomination,

    and a notification under paragraph (b) shall include the name of the person nominated.

  5. If the appropriate Minister gives a notification under subsection (4)(c) (or if the First Minister and the deputy First Minister receive no notification from him under subsection (4)), the First Minister and the deputy First Minister acting jointly shall nominate a Minister or junior Minister—
    1. to attend the meeting in place of the appropriate Minister; and
    2. to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility.
  6. In relation to a matter for which the First Minister and the deputy First Minister are the appropriate Ministers—
    1. the notification to be made by each of them under subsection (4) shall be made to the other; and
    2. if either of them (“A”) gives a notification under subsection (4)(c) (or if the other (“B”) receives no notification from A under subsection (4)), B (acting alone) shall make the nomination under subsection (5) in relation to A.
  7. The First Minister and the deputy First Minister acting jointly shall make such nominations (or further nominations) of Ministers and junior Ministers (including where appropriate alternative nominations) as they consider necessary to ensure such cross-community participation in either Council as is required by the Belfast Agreement.
  8. Subsection (9) applies in relation to any matter included in the agenda for a meeting of either Council if—
    1. the First Minister and the deputy First Minister are not the appropriate Ministers in relation to the matter; but
    2. the matter is one that ought, by virtue of section 20(3) or (4), to be considered by the Executive Committee.
  9. The First Minister and the deputy First Minister acting jointly shall also be entitled—
    1. to attend the meeting; and
    2. to participate in the meeting so far as it relates to that matter.
  10. In this section “day” does not include a Saturday, a Sunday, Christmas Day, Good Friday and any day which is a bank holiday in Northern Ireland.

52B. Section 52A: duty to attend Council meetings etc

  1. It shall be a Ministerial responsibility of—
    1. each appropriate Minister; or
    2. if a Minister or junior Minister is nominated under section 52A(3) or (5) to attend a meeting of the North-South Ministerial Council or the British-Irish Council in place of an appropriate Minister, that Minister or junior Minister,

    to participate in the meeting so far as it relates to matters for which the appropriate Minister has responsibility.

  2. It shall be a Ministerial responsibility of a Minister or junior Minister nominated to attend a meeting of either Council under section 52A(7) to participate in the meeting so far as specified in the nomination.
  3. Each appropriate Minister shall give to—
    1. a person nominated under section 52A(3) or (5) to attend a meeting of either Council in his place; or
    2. a person nominated under section 52A(7) to participate in a meeting of either Council so far as specified in the nomination,

    such information as may be necessary to enable the person's full participation in the meeting.

  4. But if the appropriate Minister does not give sufficient information under subsection (3) to enable the person's full participation in the meeting—
    1. the First Minister and the deputy First Minister acting jointly may request the necessary information; and
    2. if they do so, the appropriate Minister must give that information to the person nominated.
  5. A person nominated under section 52A(3) or (5) may enter into agreements or arrangements in respect of matters for which the appropriate Minister is (or the appropriate Ministers are) responsible.
  6. Without prejudice to the operation of section 24, a Minister or junior Minister attending a meeting of either Council by virtue of any provision of section 52A or this section shall act in accordance with any decisions of the Assembly or the Executive Committee (by virtue of section 20) which are relevant to his participation in the Council concerned.
  7. In this section “appropriate Minister”, in relation to a meeting of the North-South Ministerial Council or the British-Irish Council, has the same meaning as in section 52A.

52C. Sections 52A and 52B: supplementary

  1. If any question arises under section 52A or 52B as to which Minister or junior Minister has responsibility for any matter, the First Minister and the deputy First Minister acting jointly shall determine that question.
  2. A Minister or junior Minister who participates in a meeting of either the North-South Ministerial Council or the British-Irish Council by virtue of any provision of section 52A or 52B shall, as soon as reasonably practicable after the meeting, make a report—
    1. to the Executive Committee; and
    2. to the Assembly.
  3. A report under subsection (2)(b) shall be made orally unless standing orders authorise it to be made in writing.
  4. The Northern Ireland contributions towards the expenses of the Councils shall be defrayed as expenses of the Office of the First Minister and deputy First Minister.
  5. In sections 52A and 52B and this section “participate” shall be construed—
    1. in relation to the North-South Ministerial Council, in accordance with paragraphs 5 and 6 of Strand Two of the Belfast Agreement;
    2. in relation to the British-Irish Council, in accordance with the first paragraph 5 of Strand Three of that Agreement.

52. [Repealed]

53. Agreements etc. by persons participating in Councils

  1. This section applies to any agreement or arrangement entered into by a Minister or junior Minister participating, by reason of any provision of section 52A or 52B, in a meeting of the North-South Ministerial Council or the British-Irish Council.
  2. Provision may be made by Act of the Assembly for giving effect to any agreement or arrangement to which this section applies, including provision—
    1. for transferring to any body designated by or constituted under the agreement or arrangement any functions which would otherwise be exercisable by any Minister or Northern Ireland department;
    2. for transferring to a Minister or Northern Ireland department any functions which would otherwise be exercisable by any authority outside Northern Ireland.
  3. Subsection (2) has effect notwithstanding anything in subsection (2)(a) of section 6; but it does not affect—
    1. the operation of subsection (2)(b) to (f) of that section; or
    2. the operation of section 7A, 8 or 15 in relation to the enactment of any Act of the Assembly.
  4. No agreement or arrangement to which this section applies entered into for the establishment after the appointed day of an implementation body shall come into operation without the approval of the Assembly.
  5. In subsection (4) “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.

54. British-Irish Intergovernmental Conference

  1. This section applies where excepted or reserved matters relating to Northern Ireland are to be discussed at a meeting of the British-Irish Intergovernmental Conference.
  2. The First Minister and the deputy First Minister acting jointly shall ensure that there is such cross-community attendance by Ministers and junior Ministers at the meeting as is required by the Belfast Agreement.

55. Implementation bodies

  1. The Secretary of State may make an order about any body—
    1. which he considers to be an implementation body; and
    2. which is, or is to be, established on or before the appointed day.
  2. An order under this section may make any such provision as may be made (after the appointed day) by Act of the Assembly and may in particular—
    1. confer on the body the legal capacities of a body corporate;
    2. confer on the body any function which the Secretary of State considers necessary or expedient for the purpose for which it is, or is to be, established;
    3. confer on a Northern Ireland department power to make grants to the body out of money appropriated by Act of the Assembly;
    4. make provision as to the accounting and audit arrangements which are to apply in relation to the body; and
    5. make consequential or supplementary provisions, including provisions amending or repealing any Northern Ireland legislation, or any instrument made under such legislation.
  3. In this section “implementation body” means a body for implementing, on the basis mentioned in paragraph 11 of Strand Two of the Belfast Agreement, policies agreed in the North-South Ministerial Council.

56. Civic Forum

  1. The First Minister and the deputy First Minister acting jointly shall make arrangements for obtaining from the Forum its views on social, economic and cultural matters.
  2. The arrangements so made shall not take effect until after they have been approved by the Assembly.
  3. The expenses of the Forum shall be defrayed as expenses of the Department of Finance and Personnel.
  4. In this section “the Forum” means the consultative Civic Forum established in pursuance of paragraph 34 of Strand One of the Belfast Agreement by the First Minister and the deputy First Minister acting jointly.

Part VI. Financial Provisions

Subheading 1. Consolidated Fund

57. Consolidated Fund of Northern Ireland

  1. The Consolidated Fund of Northern Ireland shall continue to exist.
  2. Sums forming part of the Fund—
    1. shall be appropriated to the public service of Northern Ireland by Act of the Assembly; and
    2. shall not be applied for any purpose for which they are not appropriated.
  3. Subsection (2) is subject to section 59 and to any provision which charges sums on the Fund and is made—
    1. by or under an Act of Parliament; or
    2. by an Act of the Assembly or other Northern Ireland legislation.

58. Payments into the Fund

The Secretary of State shall from time to time make payments into the Consolidated Fund of Northern Ireland out of money provided by Parliament of such amounts as he may determine.

59. Payments out of Fund without appropriation Act

  1. If an Act is not passed at least three working days before the end of a financial year (“year 1”) authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the next financial year (“year 2”)—
    1. the authorised officer of the Department of Finance and Personnel may, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of year 2; and
    2. the sums so issued shall be appropriated for such services and purposes as the officer may direct.
  2. The aggregate of the sums issued under subsection (1) for the service of year 2 shall not exceed 75 per cent of the total amount appropriated by Act for the service of year 1.
  3. If an Act is not passed before the end of July in any financial year authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the year—
    1. the authorised officer of the Department of Finance and Personnel may, subject to any Act subsequently passed, authorise the issue of sums out of that Fund for the service of the year; and
    2. the sums so issued shall be appropriated for such services and purposes as the officer may direct.
  4. The aggregate of the sums issued under subsection (3), and (where applicable) the sums issued under subsection (1), for the service of any financial year shall not exceed 95 per cent of the total amount appropriated by Act for the service of the preceding financial year.
  5. In this section—
    • “Act” means an Act of the Assembly or, in relation to any time before the appointed day, an Order in Council under Schedule 1 to the Northern Ireland Act 1974;

      “authorised officer”, in relation to the Department of Finance and Personnel, means the Permanent Secretary or such other officer as may be nominated by him for the purpose.

60. Financial control, accounts and audit

  1. In so far as such provision has not been made, an Act of the Assembly or other Northern Ireland legislation shall make provision—
    1. for proper accounts to be prepared by the Northern Ireland departments, and by other persons to whom sums are paid directly out of the Consolidated Fund of Northern Ireland, of their expenditure and receipts;
    2. for the Department of Finance and Personnel to prepare an account of payments into and out of the Fund;
    3. for the Comptroller and Auditor General for Northern Ireland to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2);
    4. for access by persons exercising those functions to such documents as they may reasonably require;
    5. for members of the Northern Ireland Civil Service designated for the purpose to be answerable to the Assembly in respect of the expenditure and receipts of each of the Northern Ireland departments; and
    6. for the publication of accounts prepared in pursuance of paragraphs (a) and (b), and of reports on such accounts, and for the laying of such accounts and reports before the Assembly.
  2. The functions referred to in subsection (1)(c) are—
    1. issuing credits for the payment of sums out of the Fund;
    2. examining accounts prepared in pursuance of subsection (1)(a) and (b) (which includes determining whether sums paid out of the Fund have been paid out and applied in accordance with section 57), and certifying and reporting on them;
    3. carrying out examinations into the economy, efficiency and effectiveness with which the Northern Ireland departments have used their resources in discharging their functions; and
    4. carrying out examinations into the economy, efficiency and effectiveness with which other persons determined under Northern Ireland legislation to whom sums are paid directly out of the Fund have used those sums in discharging their functions.
  3. Standing orders shall make provision for establishing a committee of members of the Assembly to consider accounts, and reports on accounts, laid before the Assembly in pursuance of this section or any other enactment.
  4. Persons (other than the Comptroller and Auditor General for Northern Ireland) charged with the exercise of any function under subsection (2) or other like function conferred by Northern Ireland legislation shall not, in the exercise of that or any ancillary function, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly.
  5. Subsection (2)(b) does not apply to accounts prepared by the Comptroller and Auditor General for Northern Ireland.

Subheading 2. Advances

61. Advances by Secretary of State

  1. The Secretary of State may advance to the Department of Finance and Personnel sums required for the purpose of—
    1. meeting a temporary excess of sums to be paid out of the Consolidated Fund of Northern Ireland over sums paid into the Fund; or
    2. providing a working balance in the Fund.
  2. The Treasury may issue to the Secretary of State out of the National Loans Fund any sum which he requires for the making of an advance under this section.
  3. The aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million.
  4. Sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may determine.
  5. Sums received by the Secretary of State under subsection (4) shall be paid into the National Loans Fund.
  6. Amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the Consolidated Fund of Northern Ireland.
  7. The Secretary of State may by order, with the consent of the Treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order.

62. Accounts

  1. The Secretary of State shall, for each financial year—
    1. prepare, in such form and manner as the Treasury may direct, an account of sums paid and received by him under section 61; and
    2. send the account to the Comptroller and Auditor General not later than the end of November in the following financial year.
  2. The Comptroller and Auditor General shall—
    1. examine, certify and report on the account; and
    2. lay copies of it and his report before each House of Parliament.

Subheading 3. Miscellaneous

63. Financial acts of the Assembly

  1. The Assembly may not pass a vote, resolution or Act to which this subsection applies except in pursuance of a recommendation which—
    1. is made by the Minister of Finance and Personnel; and
    2. is signified to the Assembly by him or on his behalf.
  2. Subsection (1) applies to a vote, resolution or Act which—
    1. imposes or increases a charge on the Consolidated Fund of Northern Ireland;
    2. appropriates a sum out of that Fund or increases a sum to be appropriated;
    3. releases or compounds a debt owed to the Crown; or
    4. imposes or increases a tax.
  3. Standing orders shall provide that a vote, resolution or Act which—
    1. appropriates a sum out of the Consolidated Fund of Northern Ireland or increases a sum to be appropriated; or
    2. imposes or increases a tax,shall not be passed without cross-community support.

64. Draft budgets

  1. The Minister of Finance and Personnel shall, before the beginning of each financial year, lay before the Assembly a draft budget, that is to say, a programme of expenditure proposals for that year which has been agreed by the Executive Committee in accordance with paragraph 20 of Strand One of the Belfast Agreement.
  2. The Assembly may, with cross-community support, approve a draft budget laid before them with or without modification.

65. Audit

  1. The Comptroller and Auditor General for Northern Ireland shall be appointed by Her Majesty on the nomination of the Assembly.
  2. A recommendation shall not be made to Her Majesty for the removal from office of the Comptroller and Auditor General for Northern Ireland unless—
    1. the Assembly so resolves; and
    2. the resolution is passed with the support of a number of members of the Assembly which equals or exceeds two thirds of the total number of seats in the Assembly.
  3. The Comptroller and Auditor General for Northern Ireland shall not, in the exercise of any of his functions, be subject to the direction or control of any Minister or Northern Ireland department or of the Assembly; but this subsection does not apply in relation to any function conferred on him of preparing accounts.
  4. The accounts of the Consolidated Fund of Northern Ireland shall be audited by the Comptroller and Auditor General for Northern Ireland in accordance with the Exchequer and Audit Act Northern Ireland) 1921.
  5. Subsection (4) is subject to any provision of an Act of the Assembly or other Northern Ireland legislation.
  6. The Assembly shall not have power under Article 4(1) of the Audit (Northern Ireland) Order 1987 to pass at any time a resolution which reduces the salary payable to a person holding the office of Comptroller and Auditor General for Northern Ireland at that time.

66. Expenses of Northern Ireland Audit Office

  1. Standing orders shall make provision for establishing a committee of members of the Assembly to exercise, in place of the Department of Finance and Personnel, the functions conferred on that Department by Article 6(2) of the Audit (Northern Ireland) Order 1987 (expenses of Northern Ireland Audit Office).
  2. No more than one member of the committee established under subsection (3) of section 60 may be a member of the committee established under this section.
  3. The committee established under this section shall, in discharging its functions, have regard to the advice of the committee established under that subsection and of the Department of Finance and Personnel.

67. Provision of information to Treasury

  1. The Treasury may require the Northern Ireland Ministers and departments to provide, within such period as the Treasury may specify, such information, in such form and prepared in such manner, as the Treasury may specify.
  2. If the information is not in their possession or under their control, their duty under subsection (1) is to take all reasonable steps to comply with the requirement.

Part VII. Human Rights and Equal Opportunities

Subheading 1. Human rights

68. The Northern Ireland Human Rights Commission

  1. There shall be a body corporate to be known as the Northern Ireland Human Rights Commission.
  2. The Commission shall consist of a Chief Commissioner and other Commissioners appointed by the Secretary of State.
  3. In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.
  4. Schedule 7 (which makes supplementary provision about the Commission) shall have effect.

69. The Commission’s functions

  1. The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.
  2. The Commission shall, before the end of the period of two years beginning with the commencement of this section, make to the Secretary of State such recommendations as it thinks fit for improving—
    1. its effectiveness;
    2. the adequacy and effectiveness of the functions conferred on it by this Part; and
    3. the adequacy and effectiveness of the provisions of this Part relating to it.
  3. The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights—
    1. as soon as reasonably practicable after receipt of a general or specific request for advice; and
    2. on such other occasions as the Commission thinks appropriate.
  4. The Commission shall advise the Assembly whether a Bill is compatible with human rights—
    1. as soon as reasonably practicable after receipt of a request for advice; and
    2. on such other occasions as the Commission thinks appropriate.
  5. The Commission may—
    1. give assistance to individuals in accordance with section 70; and
    2. bring proceedings involving law or practice relating to the protection of human rights.
  6. The Commission shall promote understanding and awareness of the importance of human rights in Northern Ireland; and for this purpose it may undertake, commission or provide financial or other assistance for—
    1. research; and
    2. educational activities.
  7. The Secretary of State shall request the Commission to provide advice of the kind referred to in paragraph 4 of the Human Rights section of the Belfast Agreement.