CTRL + F - to find key word




PDF generated: 04 Feb 2020, 23:52
Texts collected from legislation.gov.uk.
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
constituteproject.org
United Kingdom's
Constitution of 1215 with
Amendments through 2013
Subsequently amended
constituteproject.org PDF generated: 04 Feb 2020, 23:52
United Kingdom 1215 (rev. 2013) Page 2
Table of contents
Magna Carta 1297 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
I. Confirmation of Liberties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
IX. Liberties of London, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
XXIX. Imprisonment, &c.; contrary to Law. Administration of Justice . . . . . . . . . . . . . . . . . . . . 43
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Closing Text: General Saving. Observance of these Liberties. Subsidy, in respect of this Charter
and Charter of the Forest
The Petition of Right 1628 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
 . 45
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
II. and that Commissions have of late issued on which Proceedings have been had contrary to
Law
III. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
IV. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
V. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
VI. and that Soldiers have been dispersed in divers Counties, and Inhabitants compelled to
receive them
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
VII. 25 E. III. and that Commissions have issued under the Great Seal for Proceedings according
to Martial Law
VIII. The Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Habeas Corpus Act 1679 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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
 . . . . . . . . . . . . . . . . . . . . . 49
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
III. Habeas Corpus not granted in Vacation to Prisoners who have neglected to pray the same . . 50
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
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
 . . 50
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
VI. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
VII. Proviso respecting Persons charged in Debt, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
 . . . . . . . . . . . . . . . . . . . . . . 51
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
IX. Proviso for Application for and granting Habeas Corpus in Vacation-time. Lord Chancellor,
&c.; unduly denying Writ; Penalty to Party £500
X. Habeas Corpus may be directed into Counties Palatine, &c; . . . . . . . . . . . . . . . . . . . . . . . . . 52
constituteproject.org PDF generated: 04 Feb 2020, 23:52
United Kingdom 1215 (rev. 2013) Page 3
 . . . . 52
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
XII. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
XIII. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
XIV. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
XV. Proviso for sending Persons to be tried in Places where any Capital Offence committed . . . . 53
XVI. Limitation of Prosecution for Offences against this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
XVII. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
XVIII. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
XIX. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
XX. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Bill of Rights 1689 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Heading 1: The Heads of Declaration of Lords and Commons, recited . . . . . . . . . . . . . . . . . . . 54
Heading 2: Dispensing and Suspending Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 3: Committing Prelates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 4: Ecclesiastical Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 5: Levying Money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 6: Standing Army . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 7: Disarming Protestants, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 8: Violating Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 9: Illegal Prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Heading 10: Juries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Heading 11: Excessive Bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Heading 12: Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Heading 13: Punishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Heading 14: Grants of Fines, &c.; before Conviction, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
 . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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
Heading 16: The Subject’s Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Heading 17: Dispensing Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Heading 18: Late dispensing Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Heading 19: Ecclesiastical Courts illegal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Heading 20: Levying Money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Heading 21: Right to petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Heading 22: Standing Army . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 23: Subjects’ Arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 24: Freedom of Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
constituteproject.org PDF generated: 04 Feb 2020, 23:52
United Kingdom 1215 (rev. 2013) Page 4
Heading 25: Freedom of Speech . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 26: Excessive Bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 27: Juries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 28: Grants of Forfeitures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 29: Frequent Parliaments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Heading 30: The said Rights claimed. Tender of the Crown. Regal Power exercised. Limitation
of the Crown
Heading 31: New Oaths of Allegiance, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Heading 32: Allegiance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Heading 33: Supremacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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
II. Non obstantes made void . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
III. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Act of Settlement 1701 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
 . . . . . . . . . . . . . . . . . . . 62
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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
III. Further Provisions for securing the Religion, Laws, and Liberties of these Realms . . . . . . . . . 64
IV. The Laws and Statutes of the Realm confirmed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Union with Scotland Act 1706 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Preamble: Recital of Articles of Union, dated 22d July, 5 Ann.; and of an Act of Parliament
passed in Scotland, 16th January, 5 Ann
Article I: The Kingdoms United; Ensigns Armorial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Article II: Succession to the Monarchy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Article III: Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Article IIII: Trade and Navigation and other Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Article VI: Regulations of Trade, Duties, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Article VII: Excise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Article XVI: Coin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Article XVIII: Laws concerning public rights. Private rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
 . . . . . 68
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
Article XX: Heritable Offices, &c; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
constituteproject.org PDF generated: 04 Feb 2020, 23:52
United Kingdom 1215 (rev. 2013) Page 5
Article XXI: Royal Burghs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Article XXIII: Privileges of the Sixteen Peers of Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Article XXIV: Heraldry; Great Seal; Seal kept in Scotland; Privy Seal, &c.; in Scotland; Regalia . . . 69
I. Laws inconsistent with the Articles, void . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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.
III. Cap. 8 ante . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
IV. The said Articles and Act of Parliament of Scotland confirmed . . . . . . . . . . . . . . . . . . . . . . 72
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
VI. Recital of Act of Parliament of Scotland for settling Election of the Sixteen Peers and
Forty-five Members for Scotland
VII. The said Act declared valid as if it had been Part of the said Articles of Union . . . . . . . . . . . 74
Union with Ireland Act 1800 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 1: The Parliaments of England and Ireland have agreed upon the articles following . . . . . . . 75
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Article Second: That the succession to the crown shall continue limited and settled as at
present
Article Third: That the United Kingdom be represented in one Parliament . . . . . . . . . . . . . . . . 75
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
3. His Majesty may create peers, and make promotions in the peerage of Ireland after the
union, under certain regulations
 . . . . . 77
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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
77
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 6
 . . . . . . . 78
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
 . . . . . . . . . . 78
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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
 . . . . . . . . . . . . . . . . . . 80
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
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
 . . . . . 81
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
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
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
2. Recited Act to be taken as a part of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Parliament Acts 1911 and 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
1. Powers of House of Lords as to Money Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
2. Restriction of the powers of the House of Lords as to Bills other than Money Bills . . . . . . . . . 83
3. Certificate of Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
4. Enacting words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
5. Provisional Order Bills excluded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
6. Saving for existing rights and privileges of the House of Commons . . . . . . . . . . . . . . . . . . . . 84
7. Duration of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
8. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 7
Life Peerages Act 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
1. Power to create life peerages carrying right to sit in the House of Lords . . . . . . . . . . . . . . . . . 85
2. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
European Communities Act 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part I: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
1. Short title and interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
2. General implementation of Treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
3. Decisions on, and proof of, Treaties and EU instruments etc . . . . . . . . . . . . . . . . . . . . . . . . 90
Part II: Amendment of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
4. General provision for repeal and amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
5. Customs duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
6. The common agricultural policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
11. EU offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
12. Furnishing of information to EU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Senior Courts Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part I: CONSTITUTION OF Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subheading 1: The Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
1. The Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subheading 2: The Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
2. The Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
3. Divisions of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Subheading 3: The High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
4. The High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
5. Divisions of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
6. The Patents, Admiralty and Commercial Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
7. Power to alter Divisions or transfer certain courts to different Divisions . . . . . . . . . . . . . . 99
Subheading 4: The Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
8. The Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Subheading 5: Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
9. Assistance for transaction of judicial business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
10. Appointment of judges of Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
11. Tenure of office of judges of Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
12. Salaries etc. of judges of Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
13. Precedence of judges of Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
14. Power of judge of Senior Courts or Crown Court to act in cases relating to rates and
taxes
Part II: JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Heading 1: The Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
15. General jurisdiction of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 8
16. Appeals from High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
17. Applications for new trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
18. Restrictions on appeals to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Heading 2: The High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Subheading 1: General jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
19. General jurisdiction of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Subheading 2: Admiralty jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
20. Admiralty jurisdiction of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
21. Mode of exercise of Admiralty jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
22. Restrictions on entertainment of actions in personam in collision and other similar cases114
23. High Court not to have jurisdiction in cases within Rhine Convention . . . . . . . . . . . . . . 115
24. Supplementary provisions as to Admiralty jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . 116
Subheading 3: Other particular fields of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
25. Probate jurisdiction of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
26. Matrimonial jurisdiction of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
27. Prize jurisdiction of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
28. Appeals from Crown Court and inferior courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
28A. Proceedings on case stated by magistrates’ court or Crown Court . . . . . . . . . . . . . . . 118
29. Mandatory, prohibiting and quashing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
30. Injunctions to restrain persons from acting in offices in which they are not entitled to act119
31. Application for judicial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
31A. Transfer of judicial review applications to Upper Tribunal . . . . . . . . . . . . . . . . . . . . . 121
Subheading 4: Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
32. Orders for interim payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
32A. Orders for provisional damages for personal injuries . . . . . . . . . . . . . . . . . . . . . . . . 122
33. Powers of High Court exercisable before commencement of action . . . . . . . . . . . . . . . 123
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
34. Power of High Court to order disclosure of documents, inspection of property etc. in
proceedings for personal injuries or death
35. Provisions supplementary to ss. 33 and 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
35A. Power of High Court to award interest on debts and damages . . . . . . . . . . . . . . . . . . 125
36. Subpoena issued by High Court to run throughout United Kingdom . . . . . . . . . . . . . . . 126
37. Powers of High Court with respect to injunctions and receivers . . . . . . . . . . . . . . . . . . 127
38. Relief against forfeiture for non-payment of rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
39. Execution of instrument by person nominated by High Court . . . . . . . . . . . . . . . . . . . 128
40. Attachment of debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
40A. Administrative and clerical expenses of garnishees . . . . . . . . . . . . . . . . . . . . . . . . . . 129
41. Wards of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
42. Restriction of vexatious legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
43. Power of High Court to vary sentence on application for quashing order . . . . . . . . . . . 131
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 9
43ZA. Power of High Court to vary committal in default . . . . . . . . . . . . . . . . . . . . . . . . . . 132
43A. Specific powers of arbitrator exercisable by High Court . . . . . . . . . . . . . . . . . . . . . . 133
Subheading 5: Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
44. Extraordinary functions of judges of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Heading 3: The Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
45. General jurisdiction of Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
46. Exclusive jurisdiction of Crown Court in trial on indictment . . . . . . . . . . . . . . . . . . . . . . 134
46A. Offences committed on ships and abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
47. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
48. Appeals to Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Heading 4: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Subheading 1: Law and equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
50. Power to award damages as well as, or in substitution for, injunction or specific
performance
Subheading 2: Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
51. Costs in civil division of Court of Appeal, High Court and county courts . . . . . . . . . . . . 136
52. Costs in Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Part III: PRACTICE AND PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Heading 1: The Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Subheading 1: Distribution of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
53. Distribution of business between civil and criminal divisions . . . . . . . . . . . . . . . . . . . . 138
Subheading 2: Composition of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
54. Court of civil division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
55. Court of criminal division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
56. Judges not to sit on appeal from their own judgments, etc . . . . . . . . . . . . . . . . . . . . . . 140
56A. Circuit judges not to sit on certain appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
56B. Allocation of cases in criminal division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Subheading 3: Sittings and vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
57. Sittings and vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Subheading 4: Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
58. Calling into question of incidental decisions in civil division . . . . . . . . . . . . . . . . . . . . . 142
59. Form of judgment of court of criminal division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
60. Rules of court, and decisions of Court of Appeal, as to whether judgment or order is final
or interlocutory
Heading 2: The High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Subheading 1: Distribution of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
61. Distribution of business among Divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
62. Business of Patents, Admiralty and Commercial Courts . . . . . . . . . . . . . . . . . . . . . . . 143
63. Business assigned to specially nominated judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 10
64. Choice of Division by plaintiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
65. Power of transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Subheading 2: Divisional courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
66. Divisional courts of High Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Subheading 3: Mode of conducting business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
67. Proceedings in court and in chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
68. Exercise of High Court jurisdiction otherwise than by judges of that court . . . . . . . . . . 145
69. Trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
70. Assessors and scientific advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Subheading 4: Sittings and vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
71. Sittings and vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Subheading 5: Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
72. Withdrawal of privilege against incrimination of self or spouse in certain proceedings . . 148
Heading 3: The Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Subheading 1: Composition of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
73. General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
74. Appeals and committals for sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Subheading 2: Distribution of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
75. Allocation of cases according to composition of court, etc . . . . . . . . . . . . . . . . . . . . . . 151
76. Committal for trial: alteration of place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
77. Committal for trial: date of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Subheading 3: Sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
78. Sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Subheading 4: Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
79. Practice and procedure in connection with indictable offences and appeals . . . . . . . . . 153
80. Process to compel appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
81. Bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
82. Duties of officers of Crown Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
83. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Heading 4: Rules of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
84. Power to make rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
85. The Senior Courts Rule Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
86. The Crown Court Rule Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
86A. Process for making rules of court under section 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
86B. Rules to be made if required by Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
87. Particular matters for which rules of court may provide . . . . . . . . . . . . . . . . . . . . . . . . 160
Part IV: OFFICERS AND OFFICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Subheading 1: Appointment of certain officers of Senior Courts . . . . . . . . . . . . . . . . . . . . . . 160
88. Qualification for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 11
89. Masters and registrars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
90. Official Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
91. Deputies and temporary appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Subheading 2: Other provisions relating to officers of Senior Courts . . . . . . . . . . . . . . . . . . . 165
92. Tenure of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
93. Status of officers for purposes of salary and pension . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
94. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
95. Property held by officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Subheading 3: Central Office and Accountant General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
96. Central Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
97. Accountant General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Subheading 4: Judges’ clerks and secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
98. Judges’ clerks and secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Subheading 5: District registries and district registrars . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
99. District registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
100. District judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
101. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
102. Deputy district registrars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
103. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Subheading 6: District probate registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
104. District probate registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Part V: PROBATE CAUSES AND MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Subheading 1: Procedure in probate registries in relation to grants of representation . . . . . . . 170
105. Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
106. Grants by district probate registrars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
107. No grant where conflicting applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
108. Caveats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
109. Refusal of grant where capital transfer tax unpaid . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
110. Documents to be delivered to Commissioners of Inland Revenue . . . . . . . . . . . . . . . . . 171
111. Records of grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Subheading 2: Powers of court in relation to personal representatives . . . . . . . . . . . . . . . . . 172
112. Summons to executor to prove or renounce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
113. Power of court to sever grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
114. Number of personal representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
115. Grants to trust corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
116. Power of court to pass over prior claims to grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
117. Administration pending suit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
118. Effect of appointment of minor as executor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
119. Administration with will annexed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 12
120. Power to require administrators to produce sureties . . . . . . . . . . . . . . . . . . . . . . . . . 174
Subheading 3: Revocation of grants and cancellation of resealing at instance of court . . . . . . . 174
121. Revocation of grants and cancellation of resealing at instance of court . . . . . . . . . . . . . 174
Subheading 4: Ancillary powers of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
122. Examination of person with knowledge of testamentary document . . . . . . . . . . . . . . . 175
123. Subpoena to bring in testamentary document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Subheading 5: Provisions as to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
124. Place for deposit of original wills and other documents . . . . . . . . . . . . . . . . . . . . . . . . 175
125. Copies of wills and grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
126. Depositories for wills of living persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Subheading 6: Probate rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
127. Probate rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Subheading 7: Interpretation of Part V and other probate provisions . . . . . . . . . . . . . . . . . . 177
128. Interpretation of Part V and other probate provisions . . . . . . . . . . . . . . . . . . . . . . . . 177
Part VI: MISCELLANEOUS AND SUPPLEMENTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Subheading 1: Miscellaneous provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
129. Lords Commissioners to represent Lord Chancellor when Great Seal in commission . . . 178
130. Fees to be taken in Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
131. Conveyancing counsel of Senior Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
132. Proof of documents bearing seal or stamp of Senior Courts or any office thereof . . . . . . 178
133. Enrolment and engrossment of instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
134. Powers of attorney deposited before October 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . 179
135. Bonds given under order of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
136. Production of documents filed in, or in custody of, Senior Courts . . . . . . . . . . . . . . . . . 180
137. Money paid into court under enactment subsequently repealed . . . . . . . . . . . . . . . . . 180
138. Effect of writs of execution against goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
138A. Sales under executions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
138B. Protection of officer selling goods under execution . . . . . . . . . . . . . . . . . . . . . . . . . 181
139. Attachment of National Savings Bank deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
140. Enforcement of fines and forfeited recognizances . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
141. Abolition of certain writs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
142. Selection of judges for trial of election petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
143. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
144. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
145. Amendment of Courts-Martial (Appeals) Act 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
146. Amendment of Courts Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
147. Amendment of Solicitors Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
148. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
149. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 13
Subheading 2: Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
150. Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc . . . . . 184
151. Interpretation of this Act, and rules of construction for other Acts and documents . . . . 185
152. Amendments of other Acts, transitional provisions, savings and repeals . . . . . . . . . . . . 187
153. Citation, commencement and extent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Northern Ireland Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Part I: Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
1. Status of Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
2. Previous enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
3. Devolution order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
4. Transferred, excepted and reserved matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Part II: Legislative Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Subheading 1: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
5. Acts of the Northern Ireland Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
6. Legislative competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
7. Entrenched enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
7A. Cross-community support required for Bill altering size of Assembly . . . . . . . . . . . . . . . 193
8. Consent of Secretary of State required in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Subheading 2: Scrutiny and stages of Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
9. Scrutiny by Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
10. Scrutiny by Presiding Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
11. Scrutiny by the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
12. Reconsideration where reference made to ECJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
13. Stages of Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Subheading 3: Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
14. Submission by Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
15. Parliamentary control where consent given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Part III: Executive Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Subheading 1: Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
16A. Appointment of First Minister, deputy First Minister and Northern Ireland Ministers
following Assembly election
16B. Vacancies in the office of First Minister or deputy First Minister . . . . . . . . . . . . . . . . . 199
16C. Sections 16A and 16B: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
17. Ministerial offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
18. Northern Ireland Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
19. Junior Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
19A. Disqualification for certain offices which may be held by members of the Assembly . . . 205
20. The Executive Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
21. Northern Ireland departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 14
21A. Northern Ireland department with policing and justice functions . . . . . . . . . . . . . . . . . 206
21B. Section 21A(5A) and (7C): transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
21C. Section 21A(5A) and (7C): power of Assembly to secure retention or abolition of deputy
Ministerial office
Subheading 2: Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
22. Statutory functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
23. Prerogative and executive powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
24. EU law, Convention rights etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
25. Excepted and reserved matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
26. International obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
27. Quotas for purposes of international etc obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
28. Agency arrangements between UK and NI departments . . . . . . . . . . . . . . . . . . . . . . . . 213
28A. Ministerial Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
Subheading 3: Power to refer Ministerial decision to Executive Committee . . . . . . . . . . . . . . 215
28B. Power to refer Ministerial decision to Executive Committee . . . . . . . . . . . . . . . . . . . . 215
Subheading 4: Executive Committee: further provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
28C. Power of Executive Committee to call for witnesses and documents . . . . . . . . . . . . . . 216
28D. Strategies relating to Irish language and Ulster Scots language etc . . . . . . . . . . . . . . . 216
28E. Strategy relating to poverty, social exclusion etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Subheading 5: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
29. Statutory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
29A. Committee to review functioning of Assembly and Executive Committee . . . . . . . . . . . 219
29B. Review of operation of sections 16A to 16C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
29C. Review of functions relating to judicial appointments and removals . . . . . . . . . . . . . . . 220
30. Exclusion of Ministers from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
30A. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
30B. Secretary of State’s powers in exceptional circumstances . . . . . . . . . . . . . . . . . . . . . . 222
Part IV: The Northern Ireland Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Subheading 1: Elections etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
31. Dates of elections and dissolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
32. Extraordinary elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
33. Constituencies and numbers of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
34. Elections and franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
35. Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Subheading 2: Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
36. Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
37. Effect of disqualification and provision for relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
38. Disqualification: judicial proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Subheading 3: Presiding Officer and Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 15
39. Presiding Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
40. Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Subheading 4: Proceedings etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
41. Standing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
42. Petitions of concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
43. Members’ interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
44. Power to call for witnesses and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
45. Witnesses and documents: offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
46. Witnesses: oaths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Subheading 5: Remuneration and pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
47. Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
47A. Resolutions about reduction of remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
47B. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
47C. Sections 47A and 47B: specified periods and extensions . . . . . . . . . . . . . . . . . . . . . . . 234
48. Pensions of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
Subheading 6: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
49. Letters Patent etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
50. Privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
51. Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
51A. Resolutions about reduction of financial assistance . . . . . . . . . . . . . . . . . . . . . . . . . . 236
51B. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
51C. Sections 51A and 51B: specified periods and extensions . . . . . . . . . . . . . . . . . . . . . . . 237
51D. Censure resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Part V: NSMC, BIC, BIIC etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
52A. North-South Ministerial Council and British-Irish Council . . . . . . . . . . . . . . . . . . . . . . 239
52B. Section 52A: duty to attend Council meetings etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
52C. Sections 52A and 52B: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
52. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
53. Agreements etc. by persons participating in Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
54. British-Irish Intergovernmental Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
55. Implementation bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
56. Civic Forum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Part VI: Financial Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Subheading 1: Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
57. Consolidated Fund of Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
58. Payments into the Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
59. Payments out of Fund without appropriation Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
60. Financial control, accounts and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Subheading 2: Advances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 16
61. Advances by Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
62. Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Subheading 3: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
63. Financial acts of the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
64. Draft budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
65. Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
66. Expenses of Northern Ireland Audit Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
67. Provision of information to Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Part VII: Human Rights and Equal Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Subheading 1: Human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
68. The Northern Ireland Human Rights Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
69. The Commission’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
69A. Investigations: evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
69B. Investigations: national security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
69C. Investigations: places of detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
69D. Investigations: terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
70. Assistance by Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
71. Restrictions on application of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
72. Standing Advisory Commission on Human Rights: dissolution . . . . . . . . . . . . . . . . . . . . 257
Subheading 2: Equality of opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
73. The Equality Commission for Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
74. The Commission’s principal functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
75. Statutory duty on public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
76. Discrimination by public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
77. Unlawful oaths etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
78. Removal of restrictions on investigation into maladministration . . . . . . . . . . . . . . . . . . 263
Part VIII: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Subheading 1: Judicial scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
79. Devolution issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
80. Legislative power to remedy ultra vires acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
81. Powers of courts or tribunals to vary retrospective decisions . . . . . . . . . . . . . . . . . . . . 264
82. The Judicial Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
83. Interpretation of Acts of the Assembly etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Subheading 2: Power to make provision by Order in Council . . . . . . . . . . . . . . . . . . . . . . . . 265
84. Provision with respect to certain matters relating to Northern Ireland . . . . . . . . . . . . . . 265
85. Provision dealing with certain reserved matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
86. Provision for purposes consequential on Act etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
86A. Provision for transfer of functions relating to extradition etc . . . . . . . . . . . . . . . . . . . 269
86B. Provision for entrenching enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 17
Subheading 3: Social security, child support and pensions . . . . . . . . . . . . . . . . . . . . . . . . . . 270
87. Consultation and co-ordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
88. The Joint Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
89. Industrial Injuries Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Subheading 4: Discrimination: certificates by Secretary of State . . . . . . . . . . . . . . . . . . . . . . 275
90. Effect of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
91. The Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
92. Appeals from the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Subheading 5: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
93. Parliament Buildings etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
94. Land purchase annuities etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Part IX: Supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
95. Savings for existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
95A. [Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
96. Orders and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
97. Financial provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
98. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
99. Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
100. Transitional provisions, savings and repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
101. Short title and commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Schedule 1: Polls for the purposes of section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Schedule 2: Excepted Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Schedule 3: Reserved Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Schedules 4-9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Schedule 10: Devolution Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Part 1: Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Part 2: Proceedings in Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Subheading 1: Application of Part II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Subheading 3: Notice of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Subheading 4: Reference of devolution issue to Court of Appeal . . . . . . . . . . . . . . . . . . . . 295
Subheading 5: References from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . 295
Subheading 6: Appeals from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . . . 296
Part 3: Proceedings in England and Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Subheading 1: Application of Part III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Subheading 3: Notice of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Subheading 4: Reference of devolution issue to High Court or Court of Appeal . . . . . . . . . . 296
Subheading 5: References from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . 297
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 18
Subheading 6: Appeals from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . . . . 297
Part 4: Proceedings in Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
Subheading 1: Application of Part IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
Subheading 3: Intimation of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
Subheading 4: Reference of devolution issue to higher court . . . . . . . . . . . . . . . . . . . . . . . 298
Subheading 5: References from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . 298
Subheading 6: Appeals from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . . . . 298
Part 5: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Subheading 2: Direct references to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Subheading 3: Delegation by First Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Subheading 4: Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
Subheading 5: Procedure of courts and tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Subheading 6: Bail and legal aid in criminal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Subheading 7: Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
 . . . . . . . . . . . . . . 301
Schedules 11-15: [Schedules 11-15 Omitted due to lenghth - full text of schedules can be
found online at http://www.legislation.gov.uk/ukpga/1998/47/schedules]
Scotland Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Part I: The Scottish Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Subheading 1: The Scottish Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
1. The Scottish Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Subheading 2: General elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
2. Ordinary general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
3. Extraordinary general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
4. Calculating time for meeting of the Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
5. Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
6. Poll for regional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
7. Calculation of regional figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
8. Allocation of seats to regional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Subheading 3: Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
9. Constituency vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
10. Regional vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
Subheading 4: Franchise and conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
11. Electors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
12. Power of the Scottish Ministers to make provision about elections . . . . . . . . . . . . . . . . 308
12A. Power of the Secretary of State to make provision about elections . . . . . . . . . . . . . . . 309
Subheading 5: Duration of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
13. Term of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
14. Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 19
Subheading 6: Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
15. Disqualification from membership of the Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . 310
16. Exceptions and relief from disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
17. Effect of disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
18. Judicial proceedings as to disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
Subheading 7: Presiding Officer and administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
19. Presiding Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
20. Clerk of the Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
21. Scottish Parliamentary Corporate Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
Subheading 8: Proceedings etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
22. Standing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
23. Power to call for witnesses and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
24. Witnesses and documents: notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
25. Witnesses and documents: offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
26. Witnesses and documents: general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
27. Participation of the Scottish Law Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
Subheading 9: Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
28. Acts of the Scottish Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
29. Legislative competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
30. Legislative competence: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
31. Scrutiny of Bills before introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
32. Submission of Bills for Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
33. Scrutiny of Bills by the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
34. ECJ references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
35. Power to intervene in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
36. Stages of Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
Subheading 10: Other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
37. Acts of Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
38. Letters Patent and proclamations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
39. Members’ interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
Subheading 11: Legal issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
40. Proceedings by or against the Parliament etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
41. Defamatory statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
42. Contempt of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
43. Corrupt practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Part II: The Scottish Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Subheading 1: Ministers and their staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
44. The Scottish Executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
45. The First Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 20
46. Choice of the First Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
47. Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
48. The Scottish Law Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
49. Junior Scottish Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
50. Validity of acts of Scottish Ministers etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
51. The Civil Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
Subheading 2: Ministerial functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
52. Exercise of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
53. General transfer of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
54. Devolved competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
55. Functions exercisable with agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
56. Shared powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
57. EU law and Convention rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
58. Power to prevent or require action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
Subheading 3: Property and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
59. Property and liabilities of the Scottish Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
60. Transfers to the Scottish Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
61. Property and liabilities of the Lord Advocate and the First Minister . . . . . . . . . . . . . . . . 333
62. Transfers to the Lord Advocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
Subheading 4: Transfer of additional functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
63. Power to transfer functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Part III: Financial Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
64. Scottish Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
65. Payments out of the Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
66. Borrowing by the Scottish Ministers etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
67. Lending by the Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
67A. Lending for capital expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
68. Borrowing by statutory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
69. The Auditor General for Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
70. Financial control, accounts and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
71. Existing debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
72. Accounts of loans to the Scottish Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
Part IV: The tax-varying power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
Part 4A: Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
Subheading 1: Introductory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
80A. Overview of Part 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
80B. Power to add new devolved taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
Subheading 2: Income Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
80C. Power to set Scottish rate for Scottish taxpayers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 21
80D. Scottish taxpayers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
80E. Close connection with Scotland or another part of the UK . . . . . . . . . . . . . . . . . . . . . . 341
80F. Days spent in Scotland or another part of the UK . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
80G. Supplemental powers to modify enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
80H. Reimbursement of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
Subheading 3: Tax on transactions involving interests in land . . . . . . . . . . . . . . . . . . . . . . . . 343
80I. Tax on transactions involving interests in land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
80J. Certain transactions not taxable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
Subheading 4: Tax on disposals to landfill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
80K. Tax on disposals to landfill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
Part V: Miscellaneous and general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
Subheading 1: Remuneration of members of the Parliament and Government . . . . . . . . . . . . 344
81. Remuneration of members of the Parliament and Government . . . . . . . . . . . . . . . . . . . 344
82. Limits on salaries of members of the Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
83. Remuneration: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Subheading 2: Other provision about members of the Parliament etc . . . . . . . . . . . . . . . . . . 346
84. Oaths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
85. Exemption from jury service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
Subheading 3: Arrangements at Westminster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
86. Scottish representation at Westminster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
87. The Advocate General for Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
Subheading 4: Cross-border public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
88. Cross-border public authorities: initial status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
89. Power to adapt etc. cross-border public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
90. Power to transfer property of cross-border public authorities . . . . . . . . . . . . . . . . . . . . 348
Subheading 5: The BBC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
90A. BBC Trust member for Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Subheading 6: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
91. Maladministration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
92. Queen’s Printer for Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
93. Agency arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
94. Private legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
95. Appointment and removal of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
96. Provision of information to the Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
97. Assistance for opposition parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
Subheading 7: Juridical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
98. Devolution issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
99. Rights and liabilities of the Crown in different capacities . . . . . . . . . . . . . . . . . . . . . . . . 354
100. Human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 22
101. Interpretation of Acts of the Scottish Parliament etc . . . . . . . . . . . . . . . . . . . . . . . . . 355
102. Powers of courts or tribunals to vary retrospective decisions . . . . . . . . . . . . . . . . . . . 356
103. The Judicial Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Subheading 8: Supplementary powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
104. Power to make provision consequential on legislation of, or scrutinised by, the
Parliament
105. Power to make provision consequential on this Act . . . . . . . . . . . . . . . . . . . . . . . . . . 358
106. Power to adapt functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
107. Legislative power to remedy ultra vires acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
108. Agreed redistribution of functions exercisable by the Scottish Ministers etc . . . . . . . . . 359
109. Agreed redistribution of property and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
110. Scottish taxpayers for social security purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
111. Regulation of Tweed and Esk fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
Part VI: Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
Subheading 1: Subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
112. Subordinate legislation: general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
113. Subordinate legislation: scope of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
114. Subordinate legislation: particular provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
115. Subordinate legislation: procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
116. Transfer of property: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
Subheading 2: General modification of enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
117. Ministers of the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
118. Subordinate instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
119. Consolidated Fund etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
120. Accounts and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
121. Requirements to lay reports etc. before Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . 367
122. Crown land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
123. Stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
124. Modification of sections 94 and 117 to 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
Subheading 3: Amendments and repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
125. Amendments and repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
Subheading 4: Final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
126. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
127. Index of defined expressions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
128. Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
129. Transitional provisions etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
130. Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
131. Extent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
132. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 23
 . . . . . . . . . . . . . . . . . . . 385
Schedules 1-4: [Schedules 1-4 omitted due to length - full text of schedules can be found
online at http://www.legislation.gov.uk/ukpga/1998/46/schedules]
Schedule 5: Reserved matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Part I: General reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Subheading 1: The Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Subheading 2: Political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Subheading 3: Foreign affairs etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Subheading 4: Public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Subheading 5: Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
Subheading 6: Treason . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Part II: Specific reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Subheading 1: Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Subheading 2: Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Head A: Financial and Economic Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
A1. Fiscal, economic and monetary policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
A2. The currency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
A3. Financial services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
A4. Financial markets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
A5. Money laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
Head B: Home Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
B1. Misuse of drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
B2. Data protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
B3. Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
B4. Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
B5. Entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
B6. Immigration and nationality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
B7. Scientific procedures on live animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
B8. National security, interception of communications, official secrets and terrorism . . . . 392
B9. Betting, gaming and lotteries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
B10. Emergency powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
B11. Extradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
B12. Lieutenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
B13. Access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
Head C: Trade and Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
C1. Business associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
C2. Insolvency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
C3. Competition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
C4. Intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
C5. Import and export control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 24
C6. Sea fishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
C7. Consumer protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
C8. Product standards, safety and liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
C9. Weights and measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
C10. Telecommunications and wireless telegraphy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
C11. Posts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
C12. Research Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
C13. Designation of assisted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
C14. Industrial Development Advisory Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
C15. Protection of trading and economic interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
Head D: Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
D1. Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
D2. Oil and gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
D3. Coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
D4. Nuclear energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
D5. Energy conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
Head E: Transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
E1. Road transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
E2. Rail transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
E3. Marine transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
E4. Air transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
E5. Other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
Head F: Social Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
F1. Social security schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
F2. Child support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
F3. Occupational and personal pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
F4. War pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
Head G: Regulation of the Professions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
G1. Architects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
G2. Health professions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
G3. Auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
Head H: Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
H1. Employment and industrial relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
H2. Health and safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
H3. Job search and support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
Head J: Health and Medicines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
J1. Abortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
J2. Xenotransplantation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
J3. Embryology, surrogacy and genetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 25
J4. Medicines, medical supplies and poisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
J5. Welfare foods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
Head K: Media and Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
K1. Broadcasting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
K2. Public lending right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
K3. Government Indemnity Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
K4. Property accepted in satisfaction of tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
Head L: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
L1. Judicial remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
L2. Equal opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416
L3. Control of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
L4. Ordnance survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
L5. Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
L6. Outer space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
L7. Antarctica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
Part III: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
Subheading 1: Scottish public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
Subheading 2: Reserved bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
Subheading 3: Financial assistance to industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Subheading 4: Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Schedule 6: Devolution issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Part I: Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Part II: Proceedings in Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Subheading 1: Application of Part II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Subheading 3: Intimation of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
Subheading 4: Reference of devolution issue to higher court . . . . . . . . . . . . . . . . . . . . . . . 421
Subheading 5: References from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . 421
Subheading 6: Appeals from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . . . . 421
Part III: Proceedings in England and Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
Subheading 1: Application of Part III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
Subheading 3: Notice of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
Subheading 4: Reference of devolution issue to High Court or Court of Appeal . . . . . . . . . . 422
Subheading 5: Appeals from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . . . . 423
Part IV: Proceedings in Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Subheading 1: Application of Part IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Subheading 3: Notice of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 26
Subheading 4: Reference of devolution issue to Court of Appeal . . . . . . . . . . . . . . . . . . . . 424
Subheading 5: References from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . 424
Subheading 6: Appeals from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . . . 424
Part V: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
Subheading 2: Direct references to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
Subheading 3: Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425
Subheading 4: Procedure of courts and tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425
Subheading 5: Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
 . . . . . . . . . . . . . . . . . . . 426
Schedules 7-9: [Schedules 7-9 omitted due to length - full text of schedules can be found
online at http://www.legislation.gov.uk/ukpga/1998/46/schedules]
Human Rights Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
Subheading 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
1. The Convention Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
2. Interpretation of Convention rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Subheading 2: Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
3. Interpretation of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
4. Declaration of incompatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
5. Right of Crown to intervene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
Subheading 3: Public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
6. Acts of public authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
7. Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
8. Judicial remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
9. Judicial acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
Subheading 4: Remedial action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
10. Power to take remedial action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
Subheading 5: Other rights and proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
11. Safeguard for existing human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
12. Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
13. Freedom of thought, conscience and religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
Subheading 6: Derogations and reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
14. Derogations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
15. Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
16. Period for which designated derogations have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
17. Periodic review of designated reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
Subheading 7: Judges of the European Court of Human Rights . . . . . . . . . . . . . . . . . . . . . . . . 437
18. Appointment to European Court of Human Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
Subheading 8: Parliamentary procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
19. Statements of compatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
Subheading 9: Supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 27
20. Orders etc. under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
21. Interpretation, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
22. Short title, commencement, application and extent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
SCHEDULE 1: The Articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
PART I: The Convention Rights and Freedoms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
Article 2: Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
Article 3: Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
Article 4: Prohibition of slavery and forced labour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
Article 5: Right to liberty and security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444
Article 6: Right to a fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444
Article 7: No punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
Article 8: Right to respect for private and family life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
Article 9: Freedom of thought, conscience and religion . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
Article 10: Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Article 11: Freedom of assembly and association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Article 12: Right to marry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Article 14: Prohibition of discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Article 16: Restrictions on political activity of aliens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Article 17: Prohibition of abuse of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Article 18: Limitation on use of restrictions on rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Part II: The First Protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Article 1: Protection of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Article 2: Right to education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Article 3: Right to free elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
PART III: THE THIRTEENTH PROTOCOL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Article 1: Abolition of the death penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
SCHEDULE 2: Remedial Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Subheading 1: Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Subheading 2: Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
Subheading 3: Orders laid in draft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
Subheading 4: Urgent cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
Subheading 5: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
Subheading 6: Calculating periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
SCHEDULE 3: Derogation and Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
Part II: Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
SCHEDULE 4: Judicial Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
Subheading 1: Duty to make orders about pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
Subheading 2: Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
Subheading 3: Amendments of other enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 28
Subheading 4: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
House of Lords Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
1. Exclusion of hereditary peers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
2. Exception from section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
3. Removal of disqualifications in relation to the House of Commons . . . . . . . . . . . . . . . . . . . 453
4. Amendments and repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
5. Commencement and transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
6. Interpretation and short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
Constitutional Reform Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
Part 1: The rule of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
1. The rule of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
Part 2: Arrangements to modify the office of Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . . 454
Subheading 1: Qualifications for office of Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . 454
2. Lord Chancellor to be qualified by experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
Subheading 2: Continued judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
3. Guarantee of continued judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
4. Guarantee of continued judicial independence: Northern Ireland . . . . . . . . . . . . . . . . . . 456
Subheading 3: Representations by senior judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
5. Representations to Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
6. Representations to the Northern Ireland Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
Subheading 4: Judiciary and courts in England and Wales . . . . . . . . . . . . . . . . . . . . . . . . . . 458
7. President of the Courts of England and Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
8. Head and Deputy Head of Criminal Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
9. Head and Deputy Head of Family Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
Subheading 5: Judiciary and courts in Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
11. Lord Chief Justice of Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
Subheading 6: Other provisions about the judiciary and courts . . . . . . . . . . . . . . . . . . . . . . . 460
12. Powers to make rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
13. Powers to give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
14. Transfer of appointment functions to Her Majesty . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461
15. Other functions of the Lord Chancellor and organisation of the courts . . . . . . . . . . . . . . 461
16. Functions of the Lord Chief Justice during vacancy or incapacity . . . . . . . . . . . . . . . . . . 461
Subheading 7: Lord Chancellor's oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
17. Lord Chancellor's oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
Subheading 8: Speakership of the House of Lords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
18. Speakership of the House of Lords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
Subheading 9: Functions subject to transfer, modification or abolition . . . . . . . . . . . . . . . . . 463
19. Transfer, modification or abolition of functions by order . . . . . . . . . . . . . . . . . . . . . . . . 463
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 29
20. Protected functions not transferable under Ministers of the Crown Act 1975 . . . . . . . . . 464
21. Amendment of Schedule 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
Subheading 10: Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
22. Transfers: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
Part 3: The Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
Subheading 1: The Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
23. The Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
24. First members of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
Subheading 2: Appointment of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
25. Qualification for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
26. Selection of members of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
27. Selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
27A. Regulations about selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
27B. Selection guidance: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
Subheading 3: Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472
32. Oath of allegiance and judicial oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472
33. Tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
34. Salaries and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
35. Resignation and retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
36. Medical retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
37. Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
Subheading 4: Acting judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
38. Acting judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
39. Supplementary panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475
Subheading 5: Jurisdiction, relation to other courts etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
40. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
41. Relation to other courts etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
Subheading 6: Composition for proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
42. Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
43. Changes in composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
Subheading 7: Practice and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
44. Specially qualified advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
45. Making of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
46. Procedure after rules made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
47. Photography etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
Subheading 8: Staff and resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
48. Chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
49. Officers and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
50. Accommodation and other resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 30
51. System to support Court in carrying on business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
Subheading 8A: Court Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
51A. Security officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
51B. Powers of search, exclusion, removal and restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
51C. Surrender, seizure and retention of knives and other articles . . . . . . . . . . . . . . . . . . . 483
51D. Regulations about retention of knives and other articles . . . . . . . . . . . . . . . . . . . . . . 484
51E. Assaulting and obstructing Supreme Court security officers . . . . . . . . . . . . . . . . . . . . 486
Subheading 9: Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486
52. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486
53. Fees: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487
Subheading 10: Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
54. Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
Subheading 11: Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
55. Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
56. Records of the Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
57. Proceedings under jurisdiction transferred to the Supreme Court . . . . . . . . . . . . . . . . . 489
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
58. Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme
Court
59. Renaming of Supreme Courts of England and Wales and Northern Ireland . . . . . . . . . . . 489
60. Interpretation of Part 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
Part 4: Judicial appointments and discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
Chapter 1: Commission and Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
61. The Judicial Appointments Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
62. Judicial Appointments and Conduct Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
Chapter 2: Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
Subheading 1: General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
63. Merit and good character . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
64. Encouragement of diversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
65. Guidance about procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492
66. Guidance: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492
Subheading 2: Lord Chief Justice and Heads of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . 493
67. Selection of Lord Chief Justice and Heads of Division . . . . . . . . . . . . . . . . . . . . . . . . . 493
68. Duty to fill vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493
69. Request for selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493
70. Selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493
71. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
71A. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
71B. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
72. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 31
73. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
74. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
75. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
Subheading 3: Senior President of Tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
75A. Sections 75B to 75G apply where request made for selection . . . . . . . . . . . . . . . . . . 494
75B. Selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
75C. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
75D. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
75E. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
75F. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
75G. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
Subheading 4: Lords Justices of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
76. Selection of Lords Justices of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
77. Duty to fill vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
78. Request for selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
79. Selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
80. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
81. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
82. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
83. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
84. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
Subheading 5: Puisne judges and other office holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
85. Selection of puisne judges and other office holders . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
86. Duty to fill vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
87. Request for selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
88. Selection process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
89. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
90. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
91. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
92. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
93. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
94. Power to require persons to be identified for future requests . . . . . . . . . . . . . . . . . . . 499
94A. Appointments not subject to section 85: courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
94AA. Appointments not subject to section 85: High Court deputy judge . . . . . . . . . . . . . . 501
94B. Appointments not subject to section 85: tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . 501
Subheading 6: Supplementary provisions about selection . . . . . . . . . . . . . . . . . . . . . . . . . . 505
94C. Selection Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
95. Withdrawal and modification of requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
96. [Omitted] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 32
97. Scotland and Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
Subheading 7: Assistance in connection with other appointments . . . . . . . . . . . . . . . . . . . . 510
98. Assistance in connection with other appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
Subheading 8: Complaints and references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
99. Complaints: interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
100. Complaints to the Commission or the Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . 511
101. Complaints to the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
102. Report and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
103. Report procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
104. References by the Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
105. Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
Subheading 9: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
106. Consultation on appointment of lay justices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
107. Disclosure of information to the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
Chapter 3: Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515
108. Disciplinary powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515
109. Disciplinary powers: interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
Subheading 1: Applications for review and references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517
110. Applications to the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517
111. Review by the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519
112. Reports on reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519
113. References to the Ombudsman relating to conduct . . . . . . . . . . . . . . . . . . . . . . . . . . 520
114. Reports on references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520
Subheading 2: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521
115. Regulations about procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521
116. Contents of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521
117. Procedural rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522
118. Extension of discipline provisions to other offices . . . . . . . . . . . . . . . . . . . . . . . . . . . 522
119. Delegation of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523
Subheading 3: Scotland and Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523
120. Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523
121. Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524
Chapter 4: Interpretation of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525
122. Interpretation of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525
Part 5: Judicial Appointments and Removals: Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . 525
Chapter 1: Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525
Subheading 1: Disclosure of information to Commission . . . . . . . . . . . . . . . . . . . . . . . . . . 525
123. Disclosure of information to the Northern Ireland Judicial Appointments Commission 525
Subheading 2: Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 33
124. Northern Ireland Judicial Appointments Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . 526
Subheading 3: Complaints and references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527
125. Complaints: interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527
126. Complaints to the Commission or the Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . 527
127. Complaints to the Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527
128. Report and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
129. Report procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
130. References by the Lord Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
131. Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
132. Confidentiality in relation to judicial appointments and discipline . . . . . . . . . . . . . . . 529
Chapter 2: Removals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530
133. Removal from most senior judicial offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530
134. Removal from listed judicial offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
135. Tribunals for considering removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
136. Interpretation of Part 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
Part 6: Other provisions relating to the judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
137. Parliamentary disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
137A. Encouragement of diversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
138. Judicial Committee of the Privy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
Part 7: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
139. Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
140. Enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
141. Subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
142. General interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535
143. Supplementary provision etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
144. Orders and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
145. Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
146. Repeals and revocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
147. Extent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
148. Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
149. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
Government of Wales Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
Part 1: National Assembly for Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
Subheading 1: The Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
1. The Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
2. Assembly constituencies and electoral regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
Subheading 2: General Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540
3. Ordinary general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 34
4. Power to vary date of ordinary general election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540
5. Extraordinary general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541
6. Voting at general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542
7. Candidates at general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542
8. Calculation of electoral region figures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543
9. Allocation of seats to electoral region members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
Subheading 3: Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
10. Constituency vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
11. Electoral region vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545
Subheading 4: Franchise and conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546
12. Entitlement to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546
13. Power to make provision about elections etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546
Subheading 5: Duration of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
14. Term of office of Assembly members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
15. Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
Subheading 6: Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
16. Disqualification from being Assembly member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
17. Exceptions and relief from disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549
18. Effect of disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
19. Judicial proceedings as to disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
Subheading 7: Remuneration, oaths etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551
20. Remuneration of Assembly members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551
21. Limit on salaries of Assembly members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
22. Remuneration: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
23. Oath or affirmation of allegiance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553
24. Assistance to groups of Assembly members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
Subheading 8: Presiding Officer and administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
25. Presiding Officer etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
26. Clerk of Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556
27. Assembly Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556
Subheading 9: Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
28. Committees and sub-committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
29. Composition of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
30. Audit Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
Subheading 10: Proceedings etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
31. Standing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
32. Participation by UK Ministers etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560
33. Consultation about UK Government's legislative programme . . . . . . . . . . . . . . . . . . . . 561
34. Participation by Counsel General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 35
35. Equality of treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562
36. Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562
Subheading 11: Witnesses and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563
37. Power to call . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563
38. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565
39. Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565
40. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566
Subheading 12: Legal issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567
41. Proceedings by or against Assembly etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567
42. Defamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
43. Contempt of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
44. Corrupt practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Part 2: Welsh Assembly Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Subheading 1: Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
45. Welsh Assembly Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
Subheading 2: Ministers, staff etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
46. The First Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569
47. Choice of First Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
48. Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
49. Counsel General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
50. Deputy Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 571
51. Limit on number of Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572
52. Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572
Subheading 3: Remuneration, oaths etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573
53. Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573
54. Remuneration: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573
55. Oath or affirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574
Subheading 4: Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574
56. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574
57. Exercise of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574
58. Transfer of Ministerial functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575
59. Implementation of EU law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576
60. Promotion etc. of well-being . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577
61. Support of culture etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577
62. Representations about matters affecting Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578
63. Consultation about cross-border bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578
64. Polls for ascertaining views of the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578
65. Private bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
66. Provision of information to Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 36
67. Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
68. Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
69. Charges for documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
70. Financial assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
71. Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
Subheading 5: Inclusive” approach to exercise of functions . . . . . . . . . . . . . . . . . . . . . . . . . 580
72. Partnership Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
73. Local government scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581
74. Voluntary sector scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582
75. Business scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583
76. Regulatory impact assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583
77. Equality of opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
78. The Welsh language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
79. Sustainable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585
Subheading 6: EU law, human rights and international obligations etc . . . . . . . . . . . . . . . . . . 586
80. EU law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
81. Human rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587
82. International obligations etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
Subheading 7: Functions: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
83. Agency arrangements and provision of services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
84. Different exercise of functions by Welsh Ministers etc . . . . . . . . . . . . . . . . . . . . . . . . . 590
85. Construction of references to Ministers and departments . . . . . . . . . . . . . . . . . . . . . . . 590
86. Laying of reports and statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
Subheading 8: Property, rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
87. Property, rights and liabilities of Welsh Ministers etc . . . . . . . . . . . . . . . . . . . . . . . . . . 591
88. Transfer of Ministerial property, rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . 592
Subheading 9: Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
89. Rights and liabilities of the Crown in different capacities . . . . . . . . . . . . . . . . . . . . . . . . 592
90. Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
91. Validity of acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
92. Official secrets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
Part 3: Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
Subheading 1: Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
93. Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
94. Legislative competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
95. Legislative competence: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
96. Scrutiny of proposed Orders in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
Subheading 2: Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
97. Introduction of proposed Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 37
98. Proceedings on proposed Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 598
99. Scrutiny of proposed Assembly Measures by Supreme Court . . . . . . . . . . . . . . . . . . . . 599
100. ECJ references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
101. Power to intervene in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600
102. Approval of proposed Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600
Part 4: Acts of the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
Subheading 1: Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
103. Referendum about commencement of Assembly Act provisions . . . . . . . . . . . . . . . . . 601
104. Proposal for referendum by Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602
105. Commencement of Assembly Act provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
106. Effect on Measures of commencement of Assembly Act provisions . . . . . . . . . . . . . . . 603
106A. Enactment of proposed Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
107. Acts of the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
108. Legislative competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604
109. Legislative competence: supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604
Subheading 2: Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
110. Introduction of Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
111. Proceedings on Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606
112. Scrutiny of Bills by Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607
113. ECJ references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607
114. Power to intervene in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
115. Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
116. Welsh Seal and Letters Patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
Part 5: Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
Subheading 1: Welsh Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
117. Welsh Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
Subheading 2: Payments into Welsh Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
118. Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
119. Statement of estimated payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
120. Destination of receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
Subheading 3: Borrowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 611
121. Borrowing by Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 611
122. Lending by Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612
123. Accounts relating to loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612
Subheading 4: Expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612
124. Payments out of Welsh Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612
125. Annual Budget motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613
126. Supplementary Budget motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614
126A. Inclusion in Budget motions of resources used by designated bodies . . . . . . . . . . . . . 615
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 38
127. Appropriation without Budget resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
128. Contingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
129. Approvals to draw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617
130. Payments in by mistake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618
Subheading 5: Financial accountability of Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . 618
131. Welsh Ministers' accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618
132. Account relating to Welsh Consolidated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
133. Accounting officers for Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
134. Accounts of subsidiaries of Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
135. Examinations into Welsh Ministers' use of resources . . . . . . . . . . . . . . . . . . . . . . . . . 621
136. Examinations by Comptroller and Auditor General . . . . . . . . . . . . . . . . . . . . . . . . . . . 621
Subheading 6: Financial accountability of Assembly Commission . . . . . . . . . . . . . . . . . . . . . 622
137. Assembly Commission's accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
138. Accounting officers for Assembly Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623
139. Accounts of subsidiaries of Assembly Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . 624
140. Examinations into Assembly Commission's use of resources . . . . . . . . . . . . . . . . . . . . 625
Subheading 7: Whole of Government of Wales accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . 625
141. Whole of government accounts: Welsh Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625
142. Functions of Auditor General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
Subheading 8: Treatment of accounts and audit reports etc . . . . . . . . . . . . . . . . . . . . . . . . . 626
143. Audit Committee reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
144. Publication of accounts and audit reports etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
Subheading 9: Auditor General for Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
145. Auditor General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
Part 6: Miscellaneous and supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
Subheading 1: Welsh public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
146. Status of Welsh public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
147. Transfer of responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628
148. Meaning of “Welsh public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
Subheading 2: Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630
149. Resolution of devolution issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630
150. Power to make consequential provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630
151. Power to remedy ultra vires acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631
152. Intervention in case of functions relating to water etc . . . . . . . . . . . . . . . . . . . . . . . . . 632
153. Power to vary retrospective decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
154. Interpretation of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634
155. Functions exercisable in relation to Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634
156. English and Welsh texts of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
Subheading 3: Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 39
157. Orders and directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
158. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636
159. Index of defined expressions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 637
160. Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638
161. Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639
162. Transitional etc. provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
163. Repeals and revocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
164. Financial provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
165. Extent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
166. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642
 . . . . . . . . . . . . . . . . . . . 642
Schedules 1-4: [Schedules 1-4 omitted due to length - full text of schedules can be found
online at http://www.legislation.gov.uk/ukpga/2006/32/schedules]
Schedule 5: Assembly Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642
Part 1: Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642
Field 1: agriculture, fisheries, forestry and rural development . . . . . . . . . . . . . . . . . . . . . . 642
Field 2: ancient monuments and historic buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643
Field 3: culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643
Field 4: economic development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643
Field 5: education and training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643
Field 6: environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648
Exclusions 1: Not included in matters 6.1, 6.2, 6.3 and 6.4 . . . . . . . . . . . . . . . . . . . . . . . . 650
Exclusions 2: Not included in matters 6.1 and 6.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650
Exclusions 3: Not included in matters 6.3 and 6.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651
Definitions 1: Meaning of “pollution" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651
Field 7: fire and rescue services and promotion of fire safety . . . . . . . . . . . . . . . . . . . . . . . 654
Field 8: food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
Field 9: health and health services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
Field 10: highways and transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 655
Field 11: housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
Field 12: local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658
Field 13: National Assembly for Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662
Field 14: public administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
Field 15: social welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664
Field 16: sport and recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668
Field 17: tourism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
Field 18: town and country planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670
Field 19: water and flood defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670
Field 20: Welsh language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671
Part 2: Exceptions to Matters and General Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 674
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 40
Title 1: Exceptions to matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674
Field 3 of Part 1: Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674
Field 4 of Part 1: Economic development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674
Field 10 of Part 1: Highways and transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675
Field 15 of Part 1: Social Welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676
Field 16 of Part 1: Sport and recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
Field 19 of Part 1: Water and flood defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
Title 2: General Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
Subheading 1: Functions of Ministers of the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
Subheading 2: Criminal offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
Subheading 3: Police areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
Subheading 4: Enactments other than this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
Subheading 5: This Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680
Part 3: Exceptions from General Restrictions in Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680
Subheading 1: Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680
Subheading 2: Functions of Ministers of the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680
Subheading 3: Police areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
Subheading 4: Comptroller and Auditor General and National Audit Office . . . . . . . . . . . . 681
Subheading 5: Restatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
Subheading 6: Subordinate Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
Subheading 7: Data Protection Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682
 . . . . . . . . . . . . . . . . . . . . . . . . . 682
Schedule 6: [Schedule 6 omitted due to length - full text of schedules can be found online at
http://www.legislation.gov.uk/ukpga/2006/32/schedules]
Schedule 7: Acts of the Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682
Part 1: Subjects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682
Subheading 1: Agriculture, forestry, animals, plants and rural development . . . . . . . . . . . . 682
Subheading 2: Ancient monuments and historic buildings . . . . . . . . . . . . . . . . . . . . . . . . . 683
Subheading 3: Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
Subheading 4: Economic development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
Subheading 5: Education and Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684
Subheading 6: Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684
Subheading 7: Fire and rescue services and fire safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
Subheading 8: Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
Subheading 9: Health and health services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
Subheading 10: Highways and transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
Subheading 11: Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687
Subheading 12: Local Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687
Subheading 13: National Assembly for Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
Subheading 14: Public administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 41
Subheading 15: Social welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 689
Subheading 16: Sport and recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Subheading 17: Tourism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Subheading 18: Town and country planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Subheading 19: Water and flood defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Subheading 20: Welsh Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
Part 2: General Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691
Subheading 1: Functions of a Minister of the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691
Subheading 2: Enactments other than this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691
Subheading 3: This Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
Part 3: Exceptions from Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
Subheading 1: Functions of Ministers of the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
Subheading 2: Comptroller and Auditor General and National Audit Office . . . . . . . . . . . . 694
Subheading 3: Restatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
Subheading 4: Subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
 . . . . . . . . . . . . . . . . . . . . . . . . . 695
SCHEDULE 8: [Schedule 8 omitted due to length - full text of schedules can be found online at
http://www.legislation.gov.uk/ukpga/2006/32/schedules]
Schedule 9: Devolution Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
Part 1: Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
Part 2: Proceedings in England and Wales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696
Subheading 1: Application of Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696
Subheading 3: Notice of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696
Subheading 4: Reference of devolution issue to High Court or Court of Appeal . . . . . . . . . . 696
Subheading 5: References from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . 697
Subheading 6: Appeals from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . . . . 697
Part 3: Proceedings in Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
Subheading 1: Application of Part 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
Subheading 3: Intimation of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
Subheading 4: Reference of devolution issue to higher court . . . . . . . . . . . . . . . . . . . . . . . 698
Subheading 5: References from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . 698
Subheading 6: Appeals from superior courts to Supreme Court . . . . . . . . . . . . . . . . . . . . . 698
Part 4: Proceedings in Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698
Subheading 1: Application of Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698
Subheading 2: Institution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 699
Subheading 3: Notice of devolution issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 699
Subheading 4: Reference of devolution issue to Court of Appeal . . . . . . . . . . . . . . . . . . . . 699
Subheading 5: References from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . 699
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 42
Subheading 6: Appeals from Court of Appeal to Supreme Court . . . . . . . . . . . . . . . . . . . . 699
Part 5: General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700
Subheading 1: Direct references to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700
Subheading 2: Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700
Subheading 3: Procedure of courts and tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701
Subheading 4: References to be for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701
 . . . . . . . . . . . . . . . . . . . 701
Schedules 10-12: [Schedules 10-12 omitted due to length - full text of schedules can be found
online at http://www.legislation.gov.uk/ukpga/2006/32/schedules]
Fixed-term Parliaments Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701
1. Polling days for parliamentary general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701
2. Early parliamentary general elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702
3. Dissolution of Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703
4. General election for Scottish Parliament not to fall on same date as parliamentary general
election under section 1(2)
 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704
5. General election for National Assembly for Wales not to fall on same date as parliamentary
general election under section 1(2)
6. Supplementary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704
7. Final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 43
Magna Carta 1297
• Source of constitutional authority Preamble
• 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.
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:
• Political theorists/figures
• God or other deities
• Reference to country's history
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.
• Political theorists/figures
• God or other deities
• Motives for writing constitution
• Reference to country's history
• Mentions of social class
• Freedom of religion I. Confirmation of Liberties
• God or other deities
• Separation of church and state
• Mentions of social class 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]
XXIX. Imprisonment, &c. contrary to Law. Administration
of Justice
• Guarantee of due process
• Protection from unjustified restraint
• Jury trials required
• Mentions of social class
• Principle of no punishment without law
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 44
XXX-XXXVII
[Repealed]
Closing Text: General Saving. Observance of these
Liberties. Subsidy, in respect of this Charter and Charter of
the Forest
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.
• General guarantee of equality
• Mentions of social class
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 45
The Petition of Right 1628
• Preamble Preamble
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.
• Source of constitutional authority
• Motives for writing constitution
To the Kings most Excellent Majestie.
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
• Source of constitutional authority
• Political theorists/figures
• Head of state powers
• Reference to country's history
• Tax bills
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.
II. and that Commissions have of late issued on which
Proceedings have been had contrary to Law
• Protection from unjustified restraint
• Crimes of the previous regime
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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 46
V. [Repealed]
VI. and that Soldiers have been dispersed in divers
Counties, and Inhabitants compelled to receive them
• Protection from expropriation
• Crimes of the previous regime
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.
VII. 25 E. III. and that Commissions have issued under the
Great Seal for Proceedings according to Martial Law
• Emergency provisions
• General guarantee of equality
• Protection from unjustified restraint
• Crimes of the previous regime
• Principle of no punishment without law
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.
• Source of constitutional authority
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 47
VIII. The Petition
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.
• Emergency provisions
• Protection from expropriation
• Protection from unjustified restraint
• Tax bills
• Principle of no punishment without law
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
An Act for the better secureing the Liberty of the Subject and for Prevention of
Imprisonments beyond the Seas.
• Motives for writing constitution
• Preamble Preamble
Recital that Delays had been used by Sheriffs in making Returns of Writs of Habeas
Corpus, &c.
• Motives for writing constitution
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 48
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 49
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 50
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.
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
• Protection from false imprisonment
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.
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
• Protection from false imprisonment
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 51
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.
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
• Protection from false imprisonment
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.
IX. Proviso for Application for and granting Habeas Corpus
in Vacation-time. Lord Chancellor, &c. unduly denying
Writ; Penalty to Party £500
• Protection from false imprisonment
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 52
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.
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
• Protection from false imprisonment
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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 53
XIV. [Repealed]
XV. Proviso for sending Persons to be tried in Places where
any Capital Offence committed
• Extradition procedure
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
An Act declareing the Rights and Liberties of the Subject and Setleing the Succession
of the Crowne.
• Motives for writing constitution
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
• Source of constitutional authority
• Political theorists/figures
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 54
I.
Heading 1: The Heads of Declaration of Lords and
Commons, recited
• Political theorists/figures
• Reference to country's history
• Crimes of the previous regime
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 Heading 2: Dispensing and Suspending Power
• Reference to country's history
• Crimes of the previous regime
By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes
and the Execution of Lawes without Consent of Parlyament.
• Political theorists/figures Heading 3: Committing Prelates
• Reference to country's history
• Crimes of the previous regime
By Committing and Prosecuting diverse Worthy Prelates for humbly Petitioning to
be excused from Concurring to the said Assumed Power.
• Political theorists/figures Heading 4: Ecclesiastical Commission
• Reference to country's history
• Crimes of the previous regime
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.
• Political theorists/figures Heading 5: Levying Money
• Reference to country's history
• Crimes of the previous regime
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 Heading 6: Standing Army
• Reference to country's history
• Crimes of the previous regime
By raising and keeping a Standing Army within this Kingdome in time of Peace
without Consent of Parlyament and Quartering Soldiers contrary to Law.
• Political theorists/figures Heading 7: Disarming Protestants, &c
• Reference to country's history
• Crimes of the previous regime
By causing severall good Subjects being Protestants to be disarmed at the same time
when Papists were both Armed and Imployed contrary to Law.
• Political theorists/figures Heading 8: Violating Elections
• Reference to country's history
• Crimes of the previous regime
By Violating the Freedome of Election of Members to serve in Parlyament.
Heading 9: Illegal Prosecutions
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 55
• Political theorists/figures
• Reference to country's history
• Crimes of the previous regime 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 Heading 10: Juries
• Crimes of the previous regime
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,
• Reference to country's history Heading 11: Excessive Bail
• Crimes of the previous regime
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 Heading 12: Fines
• Crimes of the previous regime
And excessive Fines have beene imposed.
• Reference to country's history Heading 13: Punishments
• Crimes of the previous regime
And illegall and cruell Punishments inflicted.
• Reference to country's history Heading 14: Grants of Fines, &c. before Conviction, &c
• Crimes of the previous regime
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.
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
• Political theorists/figures
• God or other deities
• Reference to country's history
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 56
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 decree power Heading 17: Dispensing Power
• Head of state powers
• Initiation of general legislation
That the pretended Power of Suspending of Laws or the Execution of Laws by Regall
Authority without Consent of Parlyament is illegall.
• Head of state decree power Heading 18: Late dispensing Power
• Head of state powers
• Initiation of general legislation
• Reference to country's history 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.
• Head of state decree power Heading 20: Levying Money
• Head of state powers
• Initiation of general legislation
• Tax bills 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 57
• 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.
Heading 30: The said Rights claimed. Tender of the Crown.
Regal Power exercised. Limitation of the Crown
• Political theorists/figures
• Head of state selection
• Head of state replacement
• Head of state term length
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 58
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 Heading 32: Allegiance
• Oaths to abide by constitution
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.
• God or other deities Heading 33: Supremacy
• Oaths to abide by constitution
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 59
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
• Political theorists/figures
• God or other deities
• Minimum age of head of state
• Head of state selection
• Eligibility for head of state
• Head of state replacement
• Structure of legislative chamber(s)
• Approval of general legislation
• Oaths to abide by constitution
• Official religion
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 60
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 61
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 62
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
• Source of constitutional authority
• Political theorists/figures
• God or other deities
• Head of state removal
• Head of state selection
• Eligibility for head of state
• Head of state replacement
• Official religion
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 63
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.
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
• Head of state removal
• Oaths to abide by constitution
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 64
and Form thereby prescribed
III. Further Provisions for securing the Religion, Laws, and
Liberties of these Realms
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
• Source of constitutional authority
• Eligibility for head of state
• Motives for writing constitution
• 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
• Eligibility for head of state
• Official religion
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.
• Colonies
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]
• Eligibility for first chamber
• Restrictions on the armed forces
• Eligibility for second chamber
That no Pardon under the Great Seal of England be pleadable to an Impeachment by
the Commons in Parliament.
• Power to pardon
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
An Act for an Union of the Two Kingdoms of England and Scotland • Motives for writing constitution
Most gracious Sovereign
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 65
Preamble: Recital of Articles of Union, dated 22d July, 5
Ann.; and of an Act of Parliament passed in Scotland, 16th
January, 5 Ann
• Source of constitutional authority
• Motives for writing constitution
• Preamble
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
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
• Official religion
• 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 66
• Head of state selection Article II: Succession to the Monarchy
• Eligibility for head of state
• Head of state replacement
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 67
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]
• National vs subnational laws Article XVIII: Laws concerning public rights. Private rights
• Subsidiary unit government
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 68
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
• Structure of the courts
• Eligibility for ordinary court judges
• Subsidiary unit government
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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 69
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 70
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.
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
• Official religion
• Unamendable provisions
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
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 71
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
• Oaths to abide by constitution
• 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
• Official religion
• Unamendable provisions
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.
• Constitutionality of legislation
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
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 72
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
• Official religion
• Unamendable provisions
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.
• Oaths to abide by constitution
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.
IV. The said Articles and Act of Parliament of Scotland
confirmed
• Source of constitutional authority
• Official religion
• Unamendable provisions
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 73
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
• Official religion
• Unamendable provisions
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
VI. Recital of Act of Parliament of Scotland for settling
Election of the Sixteen Peers and Forty-five Members for
Scotland
• First chamber selection
• Minimum age for second chamber
• Second chamber selection
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 74
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
VII. The said Act declared valid as if it had been Part of the
said Articles of Union
• First chamber selection
• Minimum age for second chamber
• Second chamber selection
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
An Act for the Union of Great Britain and Ireland. • Motives for writing constitution
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 75
• Source of constitutional authority Preamble
• Structure of legislative chamber(s)
• Motives for writing constitution
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:
Part 1: The Parliaments of England and Ireland have agreed
upon the articles following
• Source of constitutional authority
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:
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
• National flag
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.
Article Second: That the succession to the crown shall
continue limited and settled as at present
• Head of state selection
• Head of state replacement
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.
Article Third: That the United Kingdom be represented in
one Parliament
• Structure of legislative chamber(s)
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 76
Article Fourth
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
• First chamber selection
• Second chamber selection
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:
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
• Eligibility for first chamber
• First chamber selection
• Eligibility for second chamber
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:
3. His Majesty may create peers, and make promotions in
the peerage of Ireland after the union, under certain
regulations
• Head of state powers
• Eligibility for second chamber
• Size of second chamber
• Second chamber selection
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:
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 77
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
• Second chamber selection
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:
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
• First chamber selection
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:
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 78
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.
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
• Official religion
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 79
Article Sixth
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
• Legal status of treaties
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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 80
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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 81
Article Eight
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
• National vs subnational laws
• Structure of the courts
• Subsidiary unit government
• Constitutionality of legislation
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.
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 82
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;
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);
• Replacement of legislators
• First chamber selection
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;
• Replacement of legislators
• First chamber selection
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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 83
Whereas it is expedient that provision should be made for regulating the relations
between the two Houses of Parliament:
• Structure of legislative chamber(s)
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:
• Second chamber selection
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:
• Budget bills 1. Powers of House of Lords as to Money Bills
• Division of labor between chambers
• Finance bills
• First chamber reserved policy areas
• Spending bills
• Tax bills
1. 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.
• Approval of general legislation
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.
2. Restriction of the powers of the House of Lords as to
Bills other than Money Bills
• Division of labor between chambers
1. 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.
• Approval of general legislation
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 84
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 85
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
An Act to make provision for the creation of life peerages carrying the right to sit and
vote in the House of Lords.
• Motives for writing constitution
[30th April 1958]
1. Power to create life peerages carrying right to sit in the
House of Lords
1. 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.
• Head of state powers
• Second chamber selection
• Term length of second chamber
2. A peerage conferred under this section shall, during the life of the person on
whom it is conferred, entitle him—
• Second chamber selection
• Term length of second chamber
a. to rank as a baron under such style as may be appointed by the letters
patent; and
b. 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. A life peerage may be conferred under this section on a woman. • Second chamber selection
4. 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.
• Eligibility for second chamber
2. Short title
This Act may be cited as the Life Peerages Act 1958.
European Communities Act 1972
• International organizations Preamble
• Motives for writing constitution
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 86
• 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;
• “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—
• Treaty ratification
• Legal status of treaties
a. 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
b. 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
c. 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
d. 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
e. 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
g. 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
h. 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
j. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 87
k. 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
l. 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
m. 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
n. 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
o. 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—
i. Articles 2 to 9,
ii. Article 12, and
iii. 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
p. 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—
i. Articles 2 to 10, and
ii. the other provisions of the Treaty so far as they relate to those
Articles,
and the Protocols adopted on that occasion; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 88
q. 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
r. the treaty concerning the accession of the Republic of Bulgaria and
Romania to the European Union, signed at Luxembourg on 25th April
2005; and
s. 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
• Structure of the courts
t. 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
u. the treaty concerning the accession of the Republic of Croatia to the
European Union, signed at Brussels on 9 December 2011; and
v. 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. 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.
• Legal status of treaties
4. For purposes of subsections (2) and (3) above, “treaty” includes any
international agreement, and any protocol or annex to a treaty or international
agreement.
• Legal status of treaties
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 89
2. General implementation of Treaties
1. 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.
• Legal status of treaties
2. 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—
• Powers of cabinet
• Head of government powers
• Head of state powers
• Advisory bodies to the head of state
• Initiation of general legislation
• Subsidiary unit government
• Legal status of treaties
• Constitutionality of legislation
a. 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
b. 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,—
a. 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
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 90
4. 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.
• Powers of cabinet
• Head of government powers
• Head of state powers
• Subsidiary unit government
• Legal status of treaties
• Constitutionality of legislation
5. 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.
• Subsidiary unit government
6. 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.
• Colonies
3. Decisions on, and proof of, Treaties and EU instruments
etc
• Constitutional interpretation
1. 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).
• Structure of the courts
2. 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.
• Structure of the courts
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—
a. by production of a copy purporting to be printed by the Queen’s Printer;
b. 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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 91
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. 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.
• Constitutionality of legislation
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—
a. 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
• Subsidiary unit government
b. [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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 92
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)(6). [Repealed]
6A. [Repealed]
(7)(9). [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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 93
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:—
a. 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
b. 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—
i. any references in sections 1, 3 and 4 to the Secretary of State shall
include the Ministers; and
ii. 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.
7. [Repealed]
8. [Repealed]
9. [Repealed]
10. [Repealed]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 94
11. EU offences
1. 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—
• Structure of the courts
a. in England and Wales as for an offence against section 1(1) of the Perjury
Act 1911; or
b. in Scotland as for an offence against section 44(1) of the Criminal Law
(Consolidation) (Scotland) Act 1995; or
c. 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—
a. to his duties as a member of any Euratom institution or committee, or as an
officer or servant of Euratom; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 95
Senior Courts Act 1981
• Preamble Preamble
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.
• Motives for writing constitution
[28th July 1981]
Part I: CONSTITUTION OF Senior Courts
Subheading 1: The Senior Courts
1. The Senior Courts
1. 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.
• Structure of the courts
2. The Lord Chancellor shall be president of the Senior Courts.
Subheading 2: The Court of Appeal
2. The Court of Appeal
1. The Court of Appeal shall consist of • Eligibility for ordinary court judges
a. ex-officio judges, and
b. ordinary judges, of whom the maximum full-time equivalent number is 38.
• Eligibility for ordinary court judges 2. The following shall be ex-officio judges of the Court of Appeal—
a. [repealed]
b. any person who was Lord Chancellor before 12 June 2003;
c. 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);
d. the Lord Chief Justice;
e. the Master of the Rolls;
f. the President of the Queen's Bench Division;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 96
g. the President of the Family Division;
h. 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.
2A. 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.
3. 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”.
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
ordinary judges of the Court of Appeal.
4A. It is for the Lord Chancellor to recommend to Her Majesty the making of an
Order under subsection (4).
5. 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.
6. 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.
7. 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. There shall be two divisions of the Court of Appeal, namely the criminal division
and the civil division.
• Structure of the courts
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).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 97
Subheading 3: The High Court
4. The High Court
1. The High Court shall consist of • Eligibility for ordinary court judges
a. [repealed]
b. the Lord Chief Justice;
ba. the President of the Queen's Bench Division;
c. the President of the Family Division;
d. the Chancellor of the High Court;
dd. the Senior Presiding Judge
ddd. the vice-president of the Queen’s Bench Division; and
e. 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.
4A. It is for the Lord Chancellor to recommend to Her Majesty the making of an
Order under subsection (4).
5. 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.
6. 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.
7. 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
• Structure of the courts 1. There shall be three divisions of the High Court namely—
a. 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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 98
b. 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
c. 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—
a. the senior judge of the Division to which the judge is attached;
b. 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
• Structure of the courts 1. There shall be—
a. as part of the Chancery Division, a Patents Court; and
b. 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).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 99
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—
a. any increase or reduction in the number of Divisions of the High Court; or
b. 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
• Eligibility for ordinary court judges 1. The jurisdiction of the Crown Court shall be exercisable by—
a. any judge of the High Court; or
b. any Circuit judge , Recorder, qualifying judge advocate or District Judge
(Magistrates' Courts); or
c. 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.
1A. 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.
2. 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.
3. 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).
• Eligibility for ordinary court judges
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 100
4. 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. 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—
• Eligibility for ordinary court judges
• Ordinary court selection
a. as a judge of a relevant court specified in the request; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 101
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.
1ZA. 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.
• Eligibility for ordinary court judges
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 102
• Eligibility for ordinary court judges 1ZB. A person is within this subsection if the person—
a. 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,
b. 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,
c. is a transferred-in judge of the Upper Tribunal (see section 31(2) of that
Act),
d. is a deputy judge of the Upper Tribunal (whether under paragraph 7 of
Schedule 3 to, or section 31(2) of, that Act), or
e. is the President of Employment Tribunals (England and Wales) or the
President of Employment Tribunals (Scotland).
1A. A person shall not act as a judge by virtue of subsection (1) after the day on
which he attains the age of 75.
• Eligibility for ordinary court judges
• Ordinary court selection 2. In subsection (1)—
• “the appropriate authority” means—
a. the Lord Chief Justice or a judicial office holder (as defined in section
109(4) of the Constitutional Reform Act 2005) nominated by him to
exercise his functions under this section, or
b. at any time when the Lord Chief Justice or the nominated judicial
office holder is unable to make such a request himself, or there is a
vacancy in the office of Lord Chief Justice, the Master of the Rolls;
• “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.
2A. The power of the appropriate authority to make a request under subsection (1)
is subject to subsections (2B) to (2D).
• Ordinary court selection
2B. 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.
• Ordinary court selection
2C. In any other case the appropriate authority may make a request only with the
concurrence of the Lord Chancellor.
• Ordinary court selection
2CA. 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.
• Ordinary court selection
2D. 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.
• Ordinary court selection
3. The person to whom a request is made under subsection (1) must comply with
the request, but this does not apply to—
• Ordinary court selection
a. a request made to a person who has been a judge of the Court of Appeal,
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 103
b. 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
c. 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.
4. 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.
• Ordinary court selection
4A. 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).
• Eligibility for ordinary court judges
5. 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.
6. A person shall not by virtue of subsection (5)—
a. 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—
i. the appointment, retirement, removal or disqualification of judges of
that court;
ii. the tenure of office and oaths to be taken by such judges; or
iii. the remuneration, allowances or pensions of such judges; or
b. 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.
6A. 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).
7. [Repealed]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 104
8. 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—
a. to any person who has been—
i. a judge of the Supreme Court; or
ii. a judge of the Court of Appeal; or
iii. a judge of the High Court,
and is by virtue of subsection (1) acting as mentioned in that subsection;
b. to any deputy judge of the High Court appointed under subsection (4).
• Supreme/ordinary court judge removal 8A. A person may be removed from office as a deputy judge of the High Court—
a. only by the Lord Chancellor with the agreement of the Lord Chief Justice,
and
b. only on—
i. the ground of inability or misbehaviour, or
ii. a ground specified in the person's terms of appointment.
8B. 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.
9. 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. 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.
• Ordinary court selection
2. 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.
• Ordinary court selection
• Eligibility for ordinary court judges 3. No person shall be qualified for appointment—
a. 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;
b. as a Lord Justice of Appeal, unless—
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 105
i. he satisfies the judicial-appointment eligibility condition on a 7-year
basis; or
ii. he is a judge of the High Court; or
c. as a puisne judge of the High Court, unless—
i. he satisfies the judicial-appointment eligibility condition on a 7-year
basis; or
ii. he is a Circuit judge who has held that office for at least 2 years.
• Oaths to abide by constitution 4. A person appointed—
a. to any of the offices mentioned in subsection (1),
b. as a Lord Justice of Appeal, or
c. 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—
a. the Master of the Rolls;
b. the President of the Queen's Bench Division;
c. the President of the Family Division;
d. 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.
6A. 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).
7. 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—
a. the Lord Chief Justice, or
b. a judicial office holder (as defined in section 109(4) of the Constitutional
Reform Act 2005) nominated by him for this purpose.
• Oaths to abide by constitution 8. In this section “required oaths” means—
a. the oath of allegiance, and
b. the judicial oath,
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 106
as set out in the Promissory Oaths Act 1868.
11. Tenure of office of judges of Senior Courts
1. This section applies to the office of any judge of the Senior Courts • Supreme/ordinary court judge removal
• Mandatory retirement age for judges
2. 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.
• Mandatory retirement age for judges
3. 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.
• Supreme/ordinary court judge removal
3A. It is for the Lord Chancellor to recommend to Her Majesty the exercise of the
power of removal under subsection (3).
• Supreme/ordinary court judge removal
4. A person holding an office within section 2(2)(d) to (g) shall vacate that office on
becoming a judge of the Supreme Court.
5. A Lord Justice of Appeal shall vacate that office on becoming an ex-officio judge
of the Court of Appeal.
6. A puisne judge of the High Court shall vacate that office on becoming a judge of
the Court of Appeal.
7. 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.
8. The Lord Chancellor, if satisfied by means of a medical certificate that a person
holding an office to which this section applies—
• Supreme/ordinary court judge removal
a. is disabled by permanent infirmity from the performance of the duties of his
office; and
b. 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.
9. A declaration under subsection (8) with respect to a person shall be of no effect
unless it is made—
• Supreme/ordinary court judge removal
a. 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;
b. in the case of a Lord Justice of Appeal, with the concurrence of the Master
of the Rolls;
c. in the case of a puisne judge of any Division of the High Court, with the
concurrence of the senior judge of that Division.
10. [Repealed]
12. Salaries etc. of judges of Senior Courts
1. 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.
• Protection of judges' salaries
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 107
2. 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.
• Protection of judges' salaries
3. Any salary payable under this section may be increased, but not reduced, by a
determination or further determination under this section.
• Protection of judges' salaries
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—
a. the Lord Chief Justice and the Master of the Rolls shall rank in that order;
and
b. 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.
2A. The President of the Family Division shall rank next after the President of the
Queen's Bench Division.
3. The Chancellor of the High Court shall rank next after the President of the
Family Division.
4. 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.
5. 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.
6. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 108
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—
a. any fund formed from the proceeds of any such rate, tax, duty or liability;
and
b. 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. The Court of Appeal shall be a superior court of record. • Structure of the courts
2. Subject to the provisions of this Act, there shall be exercisable by the Court of
Appeal—
a. all such jurisdiction (whether civil or criminal) as is conferred on it by this or
any other Act; and
b. 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—
a. the hearing and determination of any appeal to the civil division of the
Court of Appeal; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 109
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—
a. except as provided by the Administration of Justice Act 1960, from any
judgment of the High Court in any criminal cause or matter;
b. 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;
c. 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;
d. 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;
e. [Repealed]
f. [Repealed]
fa. 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;
g. except as provided by Part I of the Arbitration Act 1996, from any decision
of the High Court under that Part;
h. [Repealed]
1A. [Repealed]
1B. [Repealed]
2. [Repealed]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 110
Heading 2: The High Court
Subheading 1: General jurisdiction
19. General jurisdiction of High Court
1. The High Court shall be a superior court of record. • Structure of the courts
2. Subject to the provisions of this Act, there shall be exercisable by the High
Court—
a. all such jurisdiction (whether civil or criminal) as is conferred on it by this or
any other Act; and
b. 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—
a. by or by virtue of rules of court or any other statutory provision required to
be exercised by a divisional court; or
b. 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—
a. jurisdiction to hear and determine any of the questions and claims
mentioned in subsection (2);
b. jurisdiction in relation to any of the proceedings mentioned in subsection
(3);
c. any other Admiralty jurisdiction which it had immediately before the
commencement of this Act; and
d. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 111
2. The questions and claims referred to in subsection (1)(a) are—
a. any claim to the possession or ownership of a ship or to the ownership of
any share therein;
b. any question arising between the co-owners of a ship as to possession,
employment or earnings of that ship;
c. any claim in respect of a mortgage of or charge on a ship or any share
therein;
d. any claim for damage received by a ship;
e. any claim for damage done by a ship;
f. 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—
i. the owners, charterers or persons in possession or control of a ship; or
ii. 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;
g. any claim for loss of or damage to goods carried in a ship;
h. 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;
j. any claim—
i. under the Salvage Convention 1989;
ii. under any contract for or in relation to salvage services; or
iii. in the nature of salvage not falling within (i) or (ii) above;
or any corresponding claim in connection with an aircraft;
k. any claim in the nature of towage in respect of a ship or an aircraft;
l. any claim in the nature of pilotage in respect of a ship or an aircraft;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 112
m. any claim in respect of goods or materials supplied to a ship for her
operation or maintenance;
n. any claim in respect of the construction, repair or equipment of a ship or in
respect of dock charges or dues;
o. 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);
p. any claim by a master, shipper, charterer or agent in respect of
disbursements made on account of a ship;
q. any claim arising out of an act which is or is claimed to be a general average
act;
r. any claim arising out of bottomry;
s. 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—
a. any application to the High Court under the Merchant Shipping Acts 1894
to 1979 other than an application under the Merchant Shipping Act 1995;
b. any action to enforce a claim for damage, loss of life or personal injury
arising out of—
i. a collision between ships; or
ii. the carrying out of or omission to carry out a manoeuvre in the case of
one or more of two or more ships; or
iii. non-compliance, on the part of one or more of two or more ships, with
the collision regulations;
c. 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—
a. any claim in respect of a liability incurred under the Chapter III of Part VI of
the Merchant Shipping Act 1995; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 113
b. 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)—
a. the “Salvage Convention 1989” means the International Convention on
Salvage, 1989 as it has effect under section 224 of the Merchant Shipping
Act 1995;
b. 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;
c. 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—
a. 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;
b. 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
c. 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—
a. the claim arises in connection with a ship; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 114
b. 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—
i. 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
ii. 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—
a. a collision between ships; or
b. the carrying out of, or omission to carry out, a manoeuvre in the case of one
or more of two or more ships; or
c. 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—
a. the defendant has his habitual residence or a place of business within
England or Wales; or
b. the cause of action arose within inland waters of England or Wales or
within the limits of a port of England or Wales; or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 115
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 116
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—
a. 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;
b. 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
c. 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.
3. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 117
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—
a. testamentary causes or matters;
b. the grant, amendment or revocation of probates and letters of
administration; and
c. 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—
a. divorce a mensa et thoro (renamed judicial separation by that Act);
b. nullity of marriage; and
c. 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—
a. 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
b. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 118
have a case stated by that court for the opinion of the High Court.
2. Subsection (1) shall not apply to—
a. a judgment or other decision of the Crown Court relating to trial on
indictment; or
b. 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—
a. 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
b. 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—
a. by a magistrates’ court under section 111 of the Magistrates’ Courts Act
1980; or
b. 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—
a. reverse, affirm or amend the determination in respect of which the case has
been stated; or
b. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 119
1. The orders of mandamus, prohibition and certiorari shall be known instead as
mandatory, prohibiting and quashing orders respectively.
1A. 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.
• Ultra-vires administrative actions
• Constitutional interpretation
2. Every such order shall be final, subject to any right of appeal therefrom.
3. 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.
3A. 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 toa. trial by the Court Martial for an offence; or
b. appeals from the Service Civilian Court.
4. 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.
5. In any statutory provisiona. references to mandamus or to a writ or order of mandamus shall be read as
references to a mandatory order;
b. references to prohibition or to a writ or order of prohibition shall be read as
references to a prohibiting order;
c. references to certiorari or to a writ or order of certiorari shall be read as
references to a quashing order; and
d. 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.
6. 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—
a. grant an injunction restraining him from so acting; and
b. if the case so requires, declare the office to be vacant.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 120
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. An application to the High Court for one or more of the following forms of relief,
namely—
• Ultra-vires administrative actions
• Constitutional interpretation
a. a mandatory, prohibiting or quashing order;
b. a declaration or injunction under subsection (2); or
c. 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. 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—
• Ultra-vires administrative actions
• Constitutional interpretation
a. the nature of the matters in respect of which relief may be granted by
mandatory, prohibiting or quashing orders;
b. the nature of the persons and bodies against whom relief may be granted
by such orders; and
c. 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. 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.
• Ultra-vires administrative actions
• Constitutional interpretation
4. On an application for judicial review the High Court may award to the applicant
damages, restitution or the recovery of a sum due if—
• Ultra-vires administrative actions
a. the application includes a claim for such an award arising from any matter
to which the application relates; and
b. 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. If, on an application for judicial review, the High Court quashes the decision to
which the application relates, it may in addition—
• Ultra-vires administrative actions
• Constitutional interpretation
a. 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
b. substitute its own decision for the decision in question.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 121
•
•
Ultra-vires administrative actions
Constitutional interpretation 5A. But the power conferred by subsection (5)(b) is exercisable only if—
a. the decision in question was made by a court or tribunal,
b. the decision is quashed on the ground that there has been an error of law,
and
c. without the error, there would have been only one decision which the court
or tribunal could have reached.
5B. 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.
• Ultra-vires administrative actions
• Constitutional interpretation
6. Where the High Court considers that there has been undue delay in making an
application for judicial review, the court may refuse to grant—
a. leave for the making of the application; or
b. 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.
7. 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.
31A. Transfer of judicial review applications to Upper
Tribunal
• Constitutional interpretation
1. This section applies where an application is made to the High Court—
a. for judicial review, or
b. 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—
a. relief under section 31(1)(a) and (b);
b. permission to apply for relief under section 31(1)(a) and (b);
c. an award under section 31(4);
d. interest;
e. costs.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 122
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—
a. damages assessed on the assumption that the injured person will not
develop the disease or suffer the deterioration in his condition; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 123
4. Nothing in this section shall be construed—
a. as affecting the exercise of any power relating to costs, including any power
to make rules of court relating to costs; or
b. 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—
a. 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
b. 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—
a. to disclose whether those documents are in his possession, custody or
power; and
b. 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—
i. to the applicant’s legal advisers; or
ii. to the applicant’s legal advisers and any medical or other professional
adviser of the applicant; or
iii. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 124
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—
a. to disclose whether those documents are in his possession, custody or
power; and
b. 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—
i. to the applicant’s legal advisers; or
ii. to the applicant’s legal advisers and any medical or other professional
adviser of the applicant; or
iii. 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—
a. 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;
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 125
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—
a. in the case of any sum paid before judgment, the date of the payment; and
b. 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—
a. with the substitution of “shall be included” for “may be included”; and
b. 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—
a. there are proceedings (whenever instituted) before the High Court for the
recovery of a debt; and
b. the defendant pays the whole debt to the plaintiff (otherwise than in
pursuance of a judgment in the proceedings),
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 126
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—
a. if the service was in Scotland, to the Court of Session at Edinburgh; or
b. 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
a. the expenses of coming and attending to give evidence and of returning
from giving evidence; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 127
b. 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—
a. 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
b. 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—
a. 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
b. 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—
a. in proceedings for enforcing the charge; or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 128
b. 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—
a. neglects or refuses to comply with the judgment or order; or
b. 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—
a. any condition that notice is required before any money or share is
withdrawn;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 129
b. any condition that a personal application must be made before any money
or share is withdrawn;
c. any condition that a deposit book or share-account book must be produced
before any money or share is withdrawn; or
d. 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—
a. including in, or excluding from, the accounts to which this section applies
accounts of any description specified in the order;
b. 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—
a. section 22 of the Financial Services and Markets Act 2000;
b. any relevant order under that section; and
c. 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.
1A. 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.
1B. 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.
2. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 130
3. 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.
4. An order under this section—
a. may make different provision for different cases;
b. 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.
c. may provide for this section not to apply to deposit-takers of any
prescribed description.
5. 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.
2A. 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).
3. 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—
a. 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
b. 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
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 131
1A. In this section—
• “civil proceedings order” means an order that—
a. no civil proceedings shall without the leave of the High Court be
instituted in any court by the person against whom the order is made;
b. any civil proceedings instituted by him in any court before the making
of the order shall not be continued by him without the leave of the
High Court; and
c. no application (other than one for leave under this section) shall be
made by him, in any civil proceedings instituted in any court by any
person, without the leave of the High Court;
• “criminal proceedings order” means an order that—
a. 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
b. 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.
2. 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.
3. 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.
3A. 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.
4. No appeal shall lie from a decision of the High Court refusing leave required by
virtue of this section.
5. 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—
a. by a magistrates’ court; or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 132
b. by the Crown Court after being convicted of the offence by a magistrates’
court and committed to the Crown Court for sentence; or
c. 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—
a. a default in paying a sum adjudged to be paid by a conviction; or
b. 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—
a. 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
b. 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).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 133
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—
a. 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
b. 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. The Crown Court shall be a superior court of record. • Structure of the courts
2. Subject to the provisions of this Act, there shall be exercisable by the Crown
Court—
a. all such appellate and other jurisdiction as is conferred on it by or under this
or any other Act; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 134
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—
a. 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
b. may remit the matter with its opinion thereon to the authority whose
decision is appealed against; or
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 135
6. In this section “sentence” includes any order made by a court when dealing with
an offender, including—
a. 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
b. 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)—
a. 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
b. 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
49. 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—
a. to all equitable estates, titles, rights, reliefs, defences and counterclaims,
and to all equitable duties and liabilities; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 136
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—
a. the civil division of the Court of Appeal;
b. the High Court;
ba. the family court; and
c. 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—
a. 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
b. 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—
a. a person has commenced proceedings in the High Court; but
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 137
b. 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—
a. the amount of that reduction shall not exceed 25 per cent; and
b. 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—
a. any discretion to award costs;
b. 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;
c. 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;
d. 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);
e. the enforcement of an order for costs; and
f. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 138
2A. 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
3. 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).
4. 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.
5. 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—
a. all jurisdiction of the Court of Appeal under Parts I and II of the Criminal
Appeal Act 1968;
b. 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;
c. all other jurisdiction expressly conferred on that division by this or any
other Act; and
d. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 139
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—
a. appeals to the Court of Appeal under Part I of the Criminal Appeal Act
1968; or
b. 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.
4A. 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.
5. Where—
a. an appeal has been heard by a court consisting of an even number of judges;
and
b. 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.
6. [Repealed]
7. [Repealed]
8. 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.
9. 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.
• Provisions for intellectual property
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 140
10. [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—
a. part of any proceedings before a court has been heard by an uneven
number of judges greater than three; and
b. 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—
a. determining an appeal against—
i. conviction; or
ii. a verdict of not guilty by reason of insanity; or
iii. a finding under section 4 of the Criminal Procedure (Insanity) Act 1964
(unfitness to plead) that a person is under a disability;
aa. reviewing sentencing under Part IV of the Criminal Justice Act 1988;
b. determining an application for leave to appeal to the Senior Courts; and
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 141
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—
a. a conviction before himself or a court of which he was a member; or
b. 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—
a. the places at which the Court of Appeal sits outside the Royal Courts of
Justice; and
b. 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—
a. 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;
b. 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
c. shall provide for securing sittings of the criminal division of that court
during vacation if necessary.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 142
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—
a. 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
b. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 143
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—
a. 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;
b. 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
c. 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—
a. the Division or each of the Divisions to which the business is for the time
being assigned; and
b. 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. 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.
• Provisions for intellectual property
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 144
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—
a. during vacation; or
b. during the illness or absence of that judge or any of those judges; or
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 145
Subheading 2: Divisional courts
66. Divisional courts of High Court
1. 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.
• Structure of the courts
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—
a. 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
b. special referees; or
c. 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—
a. 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
b. 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
a. any such person as is mentioned in subsection (1) or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 146
b. 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. 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—
• Jury trials required
a. a charge of fraud against that party; or
b. a claim in respect of malicious prosecution or false imprisonment; or • Protection from false imprisonment
c. 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. 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.
• Jury trials required
3A. 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—
• Jury trials required
a. is of opinion that the action involves, or will involve, section 6 proceedings,
and
b. in its discretion orders the action to be tried without a jury.
3B. 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).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 147
4. 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.
5. 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.
6. 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).
• Jury trials required
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. 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.
• Provisions for intellectual property
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—
a. the places at which the High Court sits outside the Royal Courts of Justice;
and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 148
4. Rules of court—
a. 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
b. 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
72. Withdrawal of privilege against incrimination of self or
spouse in certain proceedings
• Protection from self-incrimination
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—
a. from answering any questions put to that person in the first-mentioned
proceedings; or
b. from complying with any order made in those proceedings.
2. Subsection (1) applies to the following civil proceedings in the High Court,
namely—
a. proceedings for infringement of rights pertaining to any intellectual
property or for passing off;
• Provisions for intellectual property
b. proceedings brought to obtain disclosure of information relating to any
infringement of such rights or to any passing off; and
c. 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 persona. in answering a question put to him in any proceedings to which subsection
(1) applies; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 149
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—
• “intellectual property” means any patent, trade mark, copyright , design
right, registered design, technical or commercial information or other
intellectual property;
• Provisions for intellectual property
• “related offence”, in relation to any proceedings to which subsection (1)
applies, means—
a. in the case of proceedings within subsection (2)(a) or (b)—
i. any offence committed by or in the course of the infringement or
passing off to which those proceedings relate; or
ii. any offence not within sub-paragraph (i) committed in connection
with that infringement or passing off, being an offence involving
fraud or dishonesty;
b. 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—
a. 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;
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 150
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—
a. the decision of the Crown Court may be a majority decision; and
b. 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—
a. of any appeal;
b. [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)—
a. prescribe the number of justices of the peace constituting the court (within
the limits mentioned in that subsection); and
b. 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.
5A. Before exercising any functions under subsection (4), the Lord Chancellor must
consult the Lord Chief Justice.
6. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 151
7. Rules of court may make provision as to the circumstances in which—
a. a person concerned with a decision appealed against is to be disqualified
from hearing the appeal;
b. [Repealed]
c. proceedings on the hearing of an appeal are to be valid notwithstanding
that any person taking part in them is disqualified.
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 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.
2A. 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.
2B. 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.
3. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 152
4. [Repealed]
5. In this section “relevant transfer provision” means—
a. section 4 of the Criminal Justice Act 1987, or
b. section 53 of the Criminal Justice Act 1991.
77. Committal for trial: date of trial
1. 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.
• Right to speedy trial
2. The trial of a person sent for trial—
a. shall not begin until the prescribed minimum period has expired except
with his consent and the consent of the prosecutor;and
b. shall not begin later than the expiry of the prescribed maximum period
unless a judge of the Crown Court otherwise orders.
• Right to speedy trial
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—
a. section 4 of the Criminal Justice Act 1987, or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 153
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—
a. 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;
b. 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;
c. the manner of trying any question relating to the breach of a recognizance;
d. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 154
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—
a. 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
b. 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
c. who is in the custody of the Crown Court pending the disposal of his case
by that court; or
d. 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
e. 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
f. 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
g. 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—
i. section 5 (adjournment of inquiry into offence);
ii. section 10 (adjournment of trial); or
iii. section 18 (initial procedure on information against adult for offence
triable either way);
iv. [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.
1A. 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.
1B. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 155
1C. The power conferred by subsection (1)(f) is to be exercised—
a. where the appeal is under section 1 or 9 of the Criminal Appeal Act 1968,
by the judge who tried the case; and
b. where it is under section 10 of that Act, by the judge who passed the
sentence.
1D. 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.
1E. 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.
1F. 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—
a. such a notice shall be so lodged within the period specified in subsection (2)
of that section; and
b. 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.
1G. If the Crown Court grants bail to a person in the exercise of the power, it may
direct him to appear—
a. 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
b. if no such notice is lodged within that period, at such time and place as the
Crown Court may require.
1H. 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.
1J. 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.
2. Provision may be made by rules of court as respects the powers of the Crown
Court relating to bail, including any provision—
a. 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;
b. 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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 156
c. 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;
d. 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;
e. 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).
3. 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.
4. The Crown Court, on issuing a warrant for the arrest of any person, may endorse
the warrant for bail, and in any such case—
a. the person arrested under the warrant shall, unless the Crown Court
otherwise directs, be taken to a police station; and
b. 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.
5. 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.
6. 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.
7. In subsection (1) above “relevant transfer provision” means—
a. section 4 of the Criminal Justice Act 1987, or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 157
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—
a. authorises or requires the making of rules of court about any particular
matter or for any particular purpose; or
b. 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—
a. any rules made under this section,
b. Civil Procedure Rules,
c. Criminal Procedure Rules, or
d. Family Procedure Rules,
to proceedings to which the special rules apply.
5A. Rules made under this section may apply—
a. any special rules,
b. Civil Procedure Rules,
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 158
c. Criminal Procedure Rules, or
d. Family Procedure Rules,
to proceedings to which rules made under this section apply.
6. Where rules may be applied under subsection (5) or (5A), they may be applied—
a. to any extent,
b. with or without modification, and
c. as amended from time to time.
7. 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.
8. [Repealed]
9. 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.
10. 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—
a. the Lord Chief Justice,
b. the Master of the Rolls,
c. the President of the Family Division,
d. the Vice-Chancellor,
e. three other judges of the Senior Courts,
f. two persons who have a Senior Courts qualification (within the meaning of
section 71 of the Courts and Legal Services Act 1990); and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 159
g. 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—
a. come into force on such day as the Lord Chancellor directs, and
b. 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—
a. made within a reasonable period after the Lord Chancellor gives notice to
the Lord Chief Justice;
b. made in accordance with section 86A.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 160
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—
a. 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;
b. 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
c. 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. 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.
• Ordinary court selection
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 161
1A. 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.
2. 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.
3. 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”).
• Ordinary court selection
• Eligibility for ordinary court judges 3A. A person may be appointed to a senior office only if—
a. he holds the office in the corresponding entry in the second column of that
table (“the qualifying office”), or
b. he does not hold the qualifying office but could be appointed to it in
compliance with section 88.
3B. 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.
3C. This is the table referred to in subsections (3) and (3A)—
• Eligibility for ordinary court judges Table
• Ordinary court selection
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 162
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
4. 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.
5. [Repealed]
6. [Repealed]
7. [Repealed]
7A. 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.
• Protection of judges' salaries
• Protection of judges' salaries 7B. A salary payable under or by virtue of this section—
a. may in any case be increased, but
b. 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.
8. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 163
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—
a. by or under this or any other Act; or
b. by or in accordance with any direction given (before or after the
commencement of this Act) by the Lord Chancellor.
3A. The holder for the time being of the office of Official Solicitor shall have the
right to conduct litigation in relation to any proceedings.
3B. 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).
4. If—
a. the Official Solicitor is not available because of his absence or for some
other reason; or
b. 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. 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—
• Supreme/ordinary court judge removal
• Eligibility for ordinary court judges
a. to act as a deputy for any person holding an office listed in column 1 of Part
II of Schedule 2; or
b. 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.
1ZA. The Lord Chief Justice may not appoint a holder of relevant office under
subsection (1) without the concurrence of the Lord Chancellor.
• Ordinary court selection
1A. 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—
• Ordinary court selection
a. to act as a deputy for any person holding an office listed in column 1 of Part
3 of Schedule 2; or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 164
b. 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.
2. 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.
• Eligibility for ordinary court judges
3. 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—
• Eligibility for ordinary court judges
a. where the office in question is listed in column 1 of Part II of Schedule 2, to
any other office so listed; or
b. 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
c. (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.
4. 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.
5. [Repealed]
6. 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.
• Supreme/ordinary court judge removal 6A. A person appointed under subsection (1) may be removed from office—
a. only by the Lord Chancellor with the agreement of the Lord Chief Justice,
and
b. only on—
i. the ground of inability or misbehaviour, or
ii. a ground specified in the person's terms of appointment.
6B. 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.
6C. Extension under subsection (6B)—
a. requires the person's agreement,
b. is to be for such period as the Lord Chancellor thinks fit, and
c. may be refused on—
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 165
i. the ground of inability or misbehaviour, or
ii. 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.
6D. 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.
7. 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. 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.
• Mandatory retirement age for judges
2. Subsection (1) applies to the offices listed in column 1 of Part II of Schedule 2. • Mandatory retirement age for judges
2A. 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.
• Mandatory retirement age for judges
2B. Subsection (2A) applies to the offices listed in column 1 of Part I of Schedule 2. • Mandatory retirement age for judges
2C. [Repealed]
2D. [Repealed]
2E. [Repealed]
3. [Repealed]
3A. 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.
• Mandatory retirement age for judges
4. 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.
• Supreme/ordinary court judge removal
5. 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.
• Supreme/ordinary court judge removal
6. 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.
• Supreme/ordinary court judge removal
7. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 166
8. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 167
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)—
a. shall be appointed by the Lord Chancellor; and
b. 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)—
a. shall not be treated as employed in the civil service of the State by reason
only of that appointment; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 168
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
• Ordinary court selection 1. The Lord Chief Justice, after consulting the Lord Chancellor—
a. may assign a district judge to one or more district registries;
b. 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. 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.
• Ordinary court selection
101. [Repealed]
102. Deputy district registrars
1. 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.
• Mandatory retirement age for judges
• Eligibility for ordinary court judges
• Ordinary court selection
• Eligibility for ordinary court judges 1A. A person is qualified for appointment under subsection (1) only if the person—
a. is qualified for appointment as a district judge, or
b. holds, or has held, the office of district judge.
1B. The Lord Chief Justice may not appoint a person under subsection (1) without
the concurrence of the Lord Chancellor if the person—
• Mandatory retirement age for judges
• Eligibility for ordinary court judges
a. holds the office of district judge, or
b. ceased to hold the office of district judge within two years ending with the
date when the appointment takes effect.
1C. 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.
2. [Repealed]
3. 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.
• Mandatory retirement age for judges
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 169
• Ordinary court selection 4A. The Lord Chief Justice, after consulting the Lord Chancellor—
a. may assign a deputy district judge appointed under this section to one or
more district registries;
b. may change an assignment so as to assign the deputy district judge to a
different district registry or registries (or to no district registry).
4B. 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.
4C. 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.
5. 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.
5ZA. A person appointed under this section may be removed from office as a deputy
district judge—
• Supreme/ordinary court judge removal
a. only by the Lord Chancellor with the agreement of the Lord Chief Justice,
and
b. only on—
i. the ground of inability or misbehaviour, or
ii. a ground specified in the person's terms of appointment.
5ZB. 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.
5ZC. Extension under subsection (5ZB)—
a. requires the person's agreement,
b. is to be for such term as the Lord Chancellor thinks fit, and
c. may be refused on—
i. the ground of inability or misbehaviour, or
ii. 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.
5ZD. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 170
5ZE. 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).
5A. 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).
6. [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—
a. the Principal Registry of the Family Division (in this Part referred to as “the
Principal Registry”); or
b. 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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 171
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—
a. on the production of information or documents under regulations under
section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or
b. 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—
i. that the inheritance tax payable on the delivery of the account has
been paid; or
ii. 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.
2A. In this section and the following section, “the Commissioners” means the
Commissioners of Inland Revenue
3. [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—
a. in the case of a grant of probate or of administration with the will annexed,
a copy of the will;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 172
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 173
115. Grants to trust corporations
1. The High Court may—
a. 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
b. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 174
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 175
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—
a. 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
b. 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—
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 176
a. from the registry in which in accordance with section 124 the will or
documents relating to the grant are preserved; or
b. 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
c. 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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 177
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—
a. 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
b. 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—
a. the passing of probates and administrations through the High Court in
contentious cases where the contest has been terminated,
b. all business of a non-contentious nature in matters of testacy and
intestacy not being proceedings in any action, and
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 178
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—
a. the appointment of officers, and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 179
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)—
a. any person may search that file, and may inspect any such instrument; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 180
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—
a. 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
b. 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—
a. 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
b. such incidental and supplementary provisions as appear to the person
making the rules to be necessary or expedient.
3. [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—
a. into the Bank of England in the name of the Accountant General of the
Senior Courts; or
b. into the Senior Courts,
then, if that enactment has been or is subsequently repealed—
i. the Accountant General may continue to deal with the money; and
ii. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 181
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)—
a. 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
b. 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—
a. any deposit in the National Savings Bank; or
b. 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—
a. in like manner as a judgment of the High Court for the payment of money;
or
b. in like manner as a fine imposed by the Crown Court.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 182
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—
a. 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
b. 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. 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.
• Ordinary court selection
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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 183
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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 184
(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—
a. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 185
b. 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—
a. an application for a new trial, and
b. 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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 186
• “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—
a. except in relation to fees, prescribed by rules of court;
b. [Repealed]
• “qualifying judge advocate” means—
a. the Judge Advocate General; or
b. 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—
a. a judge of the Court of Appeal other than an ex-officio judge within
paragraph (b) or (c) of section 2(2), or
b. 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);
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 187
• “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.
152. Amendments of other Acts, transitional provisions,
savings and repeals
• Transitional provisions
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.
• Subsidiary unit government 4. In this Act—
a. 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;
b. 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;
c. the following provisions extend to Scotland and Northern Ireland, namely—
• section 36;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 188
• sections 132 and 134(3);
• section 152(1) and Schedule 5, so far as they amend—
i. references to section 49 of the Senior Courts of Judicature
(Consolidation) Act 1925,
ii. the House of Commons Disqualification Act 1975, and
iii. 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—
i. provisions of the Senior Courts of Judicature (Consolidation) Act
1925 which extend throughout the United Kingdom,
ii. the Evidence and Powers of Attorney Act 1940, and
• section 57(3)(a) of the Courts Act 1971;
d. 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.
• Subsidiary unit government 5. The provisions of this Act whose extent is not restricted by subsection (4) are—
• section 27;
• section 150;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 189
• 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.
• 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;
• “reserved matter” means any matter falling within a description specified in
Schedule 3;
• First chamber reserved policy areas
• Second chamber reserved policy areas
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 190
• “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—
a. that any reserved matter should become a transferred matter; or
b. 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.
2A. 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—
a. 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
b. 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.
3. 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.
3A. 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.
3B. 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—
a. the independence of the Civil Service Commissioners for Northern Ireland;
b. 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
c. the impartiality of the Northern Ireland Civil Service.
3C. 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.
3D. 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—
a. the independence of the Northern Ireland Human Rights Commission;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 191
b. the application of internationally accepted principles relating to national
human rights institutions; and
c. the relationship between the Northern Ireland Human Rights Commission
and the Assembly.
4. 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.
5. 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—
a. 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
b. 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.
5A. 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—
a. (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;
b. (not being a member of any political party) he becomes a member of a
political party.
6. In this section “policing and justice matter” means a matter falling within a
description specified in—
a. any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or
b. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 192
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—
a. 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;
b. 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;
c. it is incompatible with any of the Convention rights; • International human rights treaties
d. it is incompatible with EU law; • International organizations
e. it discriminates against any person or class of person on the ground of
religious belief or political opinion;
f. 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—
a. which provides for the enforcement of those other provisions or is
otherwise necessary or expedient for making those other provisions
effective; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 193
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—
a. the European Communities Act 1972;
b. the Human Rights Act 1998;
c. section 43(1) to (6) and (8), section 67, sections 84 to 86B, section 95(3) and
(4) and section 98; and
d. 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—
a. 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
b. a provision which deals with a reserved matter.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 194
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)—
a. the Presiding Officer shall consider a Bill both on its introduction and
before the Assembly enters on its final stage; and
b. if he considers that the Bill contains—
i. 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
ii. any provision which deals with a reserved matter,
he shall refer it to the Secretary of State; and
c. the Assembly shall not proceed with the Bill or, as the case may be, enter on
its final stage unless—
i. the Secretary of State’s consent to the consideration of the Bill by the
Assembly is signified; or
ii. 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—
a. 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
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 195
11. Scrutiny by the Supreme Court
1. 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.
• Supreme court powers
2. Subject to subsection (3), he may make a reference in relation to a provision of a
Bill at any time during—
a. the period of four weeks beginning with the passing of the Bill; and
b. 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. 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.
• Supreme court powers
12. Reconsideration where reference made to ECJ
1. This section applies where—
a. a reference has been made under section 11 in relation to a provision of a
Bill;
b. a reference for a preliminary ruling has been made by the Supreme Court in
connection with that reference; and
c. neither of the references has been decided or otherwise disposed of.
2. If the Assembly resolves that it wishes to reconsider the Bill—
a. the Presiding Officer shall notify the Attorney General for Northern Ireland
and the Attorney General of that fact; and
b. 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—
a. Article 267 of the Treaty on the Functioning of the European Union; or
b. [Repealed]
c. Article 150 of the Treaty establishing the European Atomic Energy
Community.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 196
13. Stages of Bills
1. Standing orders shall include provision—
a. for general debate on a Bill with an opportunity for members to vote on its
general principles;
b. for the consideration of, and an opportunity for members to vote on, the
details of a Bill; and
c. 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—
a. shall include provision for establishing such a committee as is mentioned in
paragraph 11 of Strand One of the Belfast Agreement;
b. 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—
a. 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
b. 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).
• International human rights treaties
5. Standing orders shall provide for an opportunity for the reconsideration of a Bill
after its passing if (and only if)—
a. the Supreme Court decides that any provision of the Bill would not be
within the legislative competence of the Assembly;
b. 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;
c. a decision is made in relation to the Bill under section 14(4) or (5); or
d. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 197
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—
a. the Attorney General for Northern Ireland is entitled to make a reference
in relation to a provision of the Bill under section 11; or
b. any such reference has been made but has not been decided or otherwise
disposed of by the Supreme Court.
3. If—
a. the Supreme Court has decided that any provision of a Bill would not be
within the legislative competence of the Assembly; or
b. 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.
3A. 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).
4. The Secretary of State may, unless he consents to it, decide not to submit for
Royal Assent a Bill containing a provision—
a. 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
b. 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.
5. The Secretary of State may decide not to submit for Royal Assent a Bill which
contains a provision which he considers—
a. 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
• International law
b. would have an adverse effect on the operation of the single market in goods
and services within the United Kingdom.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 198
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—
a. 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
b. 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—
a. 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
b. 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—
a. the offices of First Minister and deputy First Minister shall be filled by
applying subsections (4) to (7); and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 199
b. 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—
a. during any absence or incapacity of the holder; or
b. 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—
a. may at any time resign by notice in writing to the Presiding Officer; and
b. 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—
a. shall also cease to hold office at that time; but
b. may continue to exercise the functions of his office until immediately
before those offices are filled in accordance with this section.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 200
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—
a. the person registered under Part 2 of the Political Parties, Elections and
Referendums Act 2000 as the party's nominating officer; or
b. 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—
a. 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
b. 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—
a. 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;
b. 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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 201
c. otherwise, to be of the political designation “Other”.
4. For the purposes of sections 16A and 16B and this section—
a. 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;
b. 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;
c. 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—
a. designated Nationalists (in the case of the political designation
“Nationalist”);
b. designated Unionists (in the case of the political designation “Unionist”); or
c. 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—
a. 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
b. 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—
a. the Assembly has resolved under section 30(2) that a political party does
not enjoy its confidence; and
b. 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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 202
9. Where—
a. 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
b. 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—
a. the number of Ministerial offices to be held by Northern Ireland Ministers;
and
b. 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—
a. [Omitted]
b. a determination under section 17(1) takes effect;
c. a resolution which causes one or more Ministerial offices to become vacant
is passed under section 30(2);
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 203
d. [Omitted]
da. a period of exclusion under section 30(2) comes to an end; or.
e. 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—
a. the nominating officer does not exercise the power conferred by
subsection (2) within a period specified in standing orders; or
b. 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—
a. he resigns by notice in writing to the First Minister and the deputy First
Minister;
b. he ceases to be a member of the Assembly otherwise than by virtue of a
dissolution; or
c. he is dismissed by the nominating officer who nominated him (or that
officer’s successor) and the Presiding Officer is notified of his dismissal.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 204
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—
a. the nominating officer does not exercise the power conferred by
subsection (10) within a period specified in standing orders; or
b. 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—
a. the Assembly has resolved under section 30(2) that a political party does
not enjoy its confidence; and
b. 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).
12A. [Omitted]
12B. [Omitted]
13. In this section “nominating officer”, in relation to a party, means—
a. the person registered under Part 2 of the Political Parties, Elections and
Referendums Act 2000 as the party's nominating officer; or
b. a member of the Assembly nominated by him for the purposes of this
section.
14. 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—
a. 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
b. 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—
a. make provision as to the circumstances in which a junior Minister shall
cease to hold office, and for the filling of vacancies; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 205
b. 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—
a. any junior Ministers previously appointed shall cease to hold office; and
b. 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—
a. 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,
b. [Repealed]
c. be appointed as a junior Minister, or
d. 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—
a. Minister of the Government of Ireland; or
b. chairman or deputy chairman of—
i. a committee of the Dáil Éireann (House of Representatives of Ireland);
ii. a committee of the Seanad Éireann (Senate of Ireland); or
iii. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 206
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—
a. 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;
b. 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—
a. the department shall not be regarded as a Northern Ireland department for
the purposes of subsection (2) or (3) of section 17; and
b. 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—
a. establishes a new Northern Ireland department; and
b. 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).
3. The Act may provide for the department to be in the charge of a Northern
Ireland Minister appointed by virtue of a nomination—
a. made by the First Minister and the deputy First Minister acting jointly; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 207
b. 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.
3A. The Act may provide for the department to be in the charge of a Northern
Ireland Minister appointed by virtue of a nomination—
a. made by one or more members of the Assembly, and
b. 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—
a. for the department to be in the charge of a Northern Ireland Minister who
is supported by a junior Minister; and
b. 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.
5A. The Act may provide—
a. for the department to be in the charge of a Northern Ireland Minister
elected by the Assembly; and
b. for that Minister to be supported by a deputy Minister elected by the
Assembly.
6. 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).
7. Schedule 4A (provisions relating to a department with devolved policing and
justice functions) shall have effect.
7A. 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—
a. establishes a new Northern Ireland department;
b. provides that the purpose of the department is to exercise functions
consisting wholly or mainly of devolved policing and justice functions;
c. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 208
d. provides for Part 3A of Schedule 4A to apply in relation to the department
(with any necessary modifications).
7B. The draft of an Order laid before Parliament under subsection (7A) may contain
supplementary, incidental, consequential, transitional or saving provision.
7C. 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.
7D. No more than one department may be established by virtue of an Order under
subsection (7C).
8. In this section “devolved policing and justice function” means a function relating
to a matter which—
a. is a transferred matter by virtue of an Order under section 4; and
b. 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—
a. 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
b. 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—
a. 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
b. 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)—
a. 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;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 209
b. 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;
c. if the relevant Minister designate does not affirm the terms of the pledge of
office within that period—
i. he shall not become the relevant Minister; and
ii. 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);
d. if the deputy Minister designate does not affirm the terms of the pledge of
office within that period—
i. he shall not become the deputy Minister; and
ii. 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—
a. 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
b. 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—
a. to the Assembly; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 210
b. 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—
a. subsection (4) does not apply; and
b. 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—
a. subsection (4) does not apply;
b. 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
c. 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—
a. a majority of the members voting on the motion for the resolution;
b. a majority of the designated Nationalists voting; and
c. 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—
a. is not to be supported by a deputy Minister (within the meaning of Part 3A
of Schedule 4A); and
b. need not belong to the largest or the second largest political designation
(within that meaning).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 211
10. An order under this section—
a. shall be made by statutory instrument; and
b. 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.
2A. 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.
3. 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.
4. 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—
a. is incompatible with any of the Convention rights; • International human rights treaties
b. is incompatible with EU law; • International organizations
c. discriminates against a person or class of person on the ground of religious
belief or political opinion;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 212
d. in the case of an act, aids or incites another person to discriminate against a
person or class of person on that ground; or
e. 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 26. International obligations
• International law
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
considersa. 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
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 213
• International law 27. Quotas for purposes of international etc obligations
• International organizations
1. A Minister of the Crown may make an order containing provision such as is
specified in subsection (2) where—
a. 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
b. 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—
a. any department of the Government of the United Kingdom or any public
body, or holder of a public office, in the United Kingdom; and
b. 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—
a. references to a department of the Government of the United Kingdom
include references to any Minister of the Crown; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 214
2. In this section “the Ministerial Code” means—
a. 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
b. 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—
a. prepares draft amendments to the Ministerial Code; or
b. 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—
a. shall not be approved by the Assembly without cross-community support;
and
b. 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—
a. the taking of decisions; and
b. 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—
a. 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;
b. that, if consensus cannot be reached, a vote may be taken; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 215
c. 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”)—
a. may have been taken in contravention of section 28A(1); or
b. 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—
a. whether or not the decision was, in its view, taken in contravention of
section 28A(1);
b. whether or not the decision relates, in its view, to a significant or
controversial matter; and
c. 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—
a. the day on which the Ministerial decision was taken; or
b. if appropriate, the day on which the decision was notified to the Assembly.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 216
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—
a. in petitioning the Assembly under subsection (1); and
b. 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—
a. 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);
b. 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;
c. subsection (6) were omitted; and
d. in subsection (7), for “The Presiding Officer” there were substituted The
First Minister and the deputy First Minister acting jointly.
28D. Strategies relating to Irish language and Ulster Scots
language etc
• Protection of language use
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—
a. must keep under review each of the strategies; and
b. may from time to time adopt a new strategy or revise a strategy.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 217
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—
a. must keep under review the strategy; and
b. 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—
a. for establishing committees of members of the Assembly (“statutory
committees”)
i. 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
ii. to advise and assist each Northern Ireland Minister in the formulation
of policy with respect to matters within his responsibilities as a
Minister;
b. 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
c. conferring on the committees the powers described in paragraph 9 of
Strand One of the Belfast Agreement.
2. Standing orders shall provide that—
a. 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;
b. 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
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 218
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—
a. a Minister or junior Minister may not be the chairman or deputy chairman
of a statutory committee; and
b. 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.
5A. A member of the Assembly who is—
a. a Minister of the Government of Ireland, or
b. chairman or deputy chairman of—
i. a committee of the Dáil ÿireann (House of Representatives of Ireland),
ii. a committee of the Seanad ÿireann (Senate of Ireland), or
iii. a joint committee of the Oireachtas (National Parliament of Ireland),
may not be the chairman or deputy chairman of a statutory committee.
6. For the purposes of subsection (5) a nominating officer has a party interest in a
committee if
a. 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
b. it is established to advise and assist a Northern Ireland Minister and that
Minister is a member of his party.
7. Standing orders shall provide that a chairman or deputy chairman shall cease to
hold office if—
a. he resigns by notice in writing to the Presiding Officer;
b. he ceases to be a member of the Assembly; or
c. he is dismissed by the nominating officer who nominated him (or that
officer’s successor) and the Presiding Officer is notified of his dismissal.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 219
8. 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.
9. Standing orders shall provide that if—
a. the nominating officer does not exercise the power conferred by
subsection (8) within a period specified in standing orders; or
b. 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).
10. 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—
a. 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;
b. in relation to the membership of the committee; and
c. for regulating proceedings of the committee.
2. Standing orders shall provide for the committee to make reports—
a. to the Assembly; and
b. 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—
a. to the Secretary of State;
b. to the Assembly; and
c. 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—
a. the operation of sections 16A to 16C; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 220
b. 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—
a. to review the operation of the amendments made by Schedules 2 to 5 to
the Northern Ireland Act 2009,
b. to report on its review by a specified date that is before 1 May 2012, and
c. 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—
a. because he is not committed to non-violence and exclusively peaceful and
democratic means; or
b. 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.
1A. 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.
2. If the Assembly resolves that a political party does not enjoy the confidence of
the Assembly—
a. because it is not committed to non-violence and exclusively peaceful and
democratic means; or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 221
b. 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.
3. 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.
4. A period of exclusion under subsection (1) or (2) shall come to an end if the
Assembly—
a. is dissolved; or
b. resolves to bring the exclusion to an end.
5. A motion for a resolution under this section shall not be moved unless—
a. it is supported by at least 30 members of the Assembly;
b. it is moved by the First Minister and the deputy First Minister acting jointly;
or
c. 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 each of the following—
a. 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;
b. whether he or it has ceased to be involved in any acts of violence or of
preparation for violence;
c. whether he or it is directing or promoting acts of violence by other persons;
d. 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;
e. [omitted]
8. A resolution under this section shall not be passed without cross-community
support.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 222
9. 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—
a. [Omitted]
b. the Assembly has considered a resolution under section 30(1) or (2); or
c. a period of two weeks has elapsed.
3. In subsection (1) “exceptional circumstances” include where—
a. [Omitted]
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 223
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—
a. 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
b. 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—
a. 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
b. 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—
a. the first election under section 31 or 32 which takes place after the Order
comes into force; and
b. 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—
a. 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
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 224
b. 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—
a. provision as to the persons entitled to vote at an election and the
registration of such persons;
b. provision for securing that no person stands as a candidate for more than
one constituency at a general election;
c. provision for determining the date of the poll at a by-election;
d. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 225
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—
a. he is a peer; or
b. 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—
a. 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
b. 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—
a. that the grounds of disqualification or alleged disqualification which
subsisted or arose at the material time have been removed; and
b. 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—
a. he shall not participate in any proceedings of the Assembly; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 226
38. Disqualification: judicial proceedings
1. Any person who claims that a person purporting to be a member of the
Assembly—
a. is disqualified; or
b. 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—
a. the person in respect of whom the application is made shall be the
respondent;
b. the applicant shall give such security for costs, not exceeding £5,000, as the
court may direct; and
c. 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—
a. he previously resigns;
b. he ceases to be a member of the Assembly otherwise than by virtue of a
dissolution; or
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 227
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—
a. the functions conferred on the Commission by virtue of any enactment; and
b. any functions conferred on the Commission by resolution of the Assembly.
2. The members of the Commission shall be—
a. the Presiding Officer; and
b. 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.
3A. A member of the Assembly who is—
a. a Minister of the Government of Ireland, or
b. chairman or deputy chairman of—
i. a committee of the Dáil Éireann (House of Representatives of Ireland),
ii. a committee of the Seanad Éireann (Senate of Ireland), or
iii. a joint committee of the Oireachtas (National Parliament of Ireland),
may not be appointed as a member of the Commission.
4. 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.
5. 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.
6. 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.
7. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 228
8. Any expenses of the Commission shall be defrayed out of money appropriated
by Act of the Assembly.
9. 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.
10. 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—
a. registrable interests (as defined in standing orders) to be registered in it;
and
b. 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—
a. a financial interest (as defined in standing orders) in any matter; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 229
4. Standing orders shall include provision prohibiting a member of the Assembly
from—
a. 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
b. 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—
a. 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
b. for withdrawing his rights and privileges as a member for the period of his
exclusion.
6. Any member of the Assembly who—
a. 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
b. 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—
a. to attend its proceedings for the purpose of giving evidence; or
b. to produce documents in his custody or under his control,
relating to any of the matters mentioned in subsection (2).
2. Those matters are—
a. transferred matters concerning Northern Ireland;
b. 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).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 230
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.
4A. 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.
4B. 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—
a. is exercisable by a Minister or a Northern Ireland department; but
b. 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.
5. That power is not exercisable in relation to—
a. a person discharging functions of any body whose functions relate to
excepted matters, in connection with the discharge by him of those
functions;
b. a person discharging functions of any body whose functions relate to
reserved matters, in connection with the discharge by him of those
functions;
c. a judge of any court or a member of any tribunal which exercises the judicial
power of the State.
6. That power may be exercised by a committee of the Assembly only if the
committee is expressly authorised to do so by standing orders.
7. The Presiding Officer shall give the person in question notice in writing
specifying—
a. 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
b. 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.
8. Such notice shall be given—
a. 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;
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 231
9. 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.
10. 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—
a. refuses or fails to attend proceedings as required by the notice;
b. refuses or fails, when attending proceedings as required by the notice, to
answer any question relating to the matters specified in the notice;
c. deliberately alters, suppresses, conceals or destroys any document which
he is required to produce by the notice; or
d. 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—
a. a director, manager, secretary or other similar officer of the body
corporate; or
b. 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—
a. administer an oath to any person giving evidence in proceedings of the
Assembly; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 232
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.
2A. The Assembly may make provision—
a. determining the salaries or allowances payable to members of the
Assembly under this section, or
b. providing for those salaries or allowances to be determined by a person
other than the Assembly in accordance with the provision.
2B. Different provision may be made for different cases (for example, provision for
higher salaries to be payable to Ministers or other office holders).
3. [Omitted]
4. 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—
a. if M does not hold an office within subsection (9A), no salary is payable to M
under this section;
b. 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.
4A. The appropriate amount is the amount of the salary payable under this section
to members of the Assembly generally.
5. [Omitted]
6. [Omitted]
7. [Omitted]
8. Standing orders must include provision for the publication of every
determination of salaries or allowances by provision under subsection (2A)(a).
8A. Provision under subsection (2A)(b) must include provision for the publication of
every determination of salaries or allowances under that provision.
9. For the purposes of this section—
a. a person’s membership of the Assembly begins on the day on which he
takes his seat in accordance with standing orders; and
b. a person’s holding of an office within subsection (9A) begins on the day on
which he takes up office.
9A. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 233
10. For the purposes of this section, a person who is a member of the Assembly
immediately before the Assembly is dissolved shall be treated—
a. 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
b. 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.
10A. The provision which may be made by the Assembly for the purposes of this
section includes provision—
a. by a resolution of the Assembly conferring functions on the Northern
Ireland Assembly Commission, or
b. 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).
11. 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—
a. because he is not committed to non-violence and exclusively peaceful and
democratic means, or
b. 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—
a. because that party is not committed to non-violence and exclusively
peaceful and democratic means, or
b. 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]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 234
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—
a. is dissolved; or
b. resolves to bring the reduction to an end.
6. A motion for a resolution under this section shall not be moved unless—
a. it is supported by at least 30 members of the Assembly;
b. it is moved by the First Minister and the deputy First Minister acting jointly;
or
c. 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—
a. the period by reference to which a reduction under subsection (1) or (2)
falls to be made
b. [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)—
a. shall begin no earlier than the end of the day when the resolution or
direction specifying it is passed or given;
b. shall begin no later than the end of the period of one month beginning with
that day; and
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 235
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—
a. has ceased to be a member of the Assembly; or
b. has ceased to hold an office within subsection (1A) but continues to be a
member of the Assembly.
1A. 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.
2. Such provision may, in particular, include provision for—
a. contributions or payments towards provision for such pensions, gratuities
or allowances;
b. the establishment and administration (whether by the Commission or
otherwise) of one or more pension schemes.
2A. 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.
3. In this section—
• “the Commission” means the Northern Ireland Assembly Commission;
• “provision” includes provision—
a. 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
b. by a resolution of the Assembly conferring functions on the
Commission.
4. 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—
a. the form and manner of preparation; and
b. the publication,
of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a
Bill passed by the Assembly.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 236
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—
a. shall be known as a Wafer Great Seal of Northern Ireland; and
b. 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—
a. the making of a statement in proceedings of the Assembly; and
b. 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—
a. in the course of proceedings of the Assembly which relate to a Bill or
subordinate legislation; or
b. 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—
a. because it is not committed to non-violence and exclusively peaceful and
democratic means, or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 237
b. 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—
a. is dissolved; or
b. resolves to bring the reduction to an end.
5. A motion for a resolution under this section shall not be moved unless—
a. it is supported by at least 30 members of the Assembly;
b. it is moved by the First Minister and the deputy First Minister acting jointly;
or
c. 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—
a. the period by reference to which a reduction under subsection (1) falls to be
made
b. [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)—
a. shall begin no earlier than the end of the day when the resolution or
direction specifying it is passed or given;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 238
b. shall begin no later than the end of the financial year in which that day falls;
and
c. 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—
a. a resolution censuring a Minister or junior Minister—
i. because he is not committed to non-violence and exclusively peaceful
and democratic means; or
ii. because of any failure of his to observe any other terms of the pledge
of office;
b. a resolution censuring a political party—
i. because it is not committed to non-violence and exclusively peaceful
and democratic means; or
ii. 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—
a. it is supported by at least 30 members of the Assembly;
b. it is moved by the First Minister and the deputy First Minister acting jointly;
or
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 239
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—
a. the date;
b. the agenda; and
c. (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—
a. to attend the meeting; and
b. 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—
a. to attend the meeting in place of the appropriate Minister; and
b. 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—
a. he intends to attend the meeting;
b. he does not intend to attend the meeting but has nominated another
person under subsection (3) to attend in his place; or
c. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 240
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—
a. to attend the meeting in place of the appropriate Minister; and
b. 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—
a. the notification to be made by each of them under subsection (4) shall be
made to the other; and
b. 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—
a. the First Minister and the deputy First Minister are not the appropriate
Ministers in relation to the matter; but
b. 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—
a. to attend the meeting; and
b. 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—
a. each appropriate Minister; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 241
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—
a. a person nominated under section 52A(3) or (5) to attend a meeting of
either Council in his place; or
b. 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—
a. the First Minister and the deputy First Minister acting jointly may request
the necessary information; and
b. 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—
a. to the Executive Committee; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 242
5. In sections 52A and 52B and this section “participate” shall be construed—
a. in relation to the North-South Ministerial Council, in accordance with
paragraphs 5 and 6 of Strand Two of the Belfast Agreement;
b. 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—
a. 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;
b. 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—
a. the operation of subsection (2)(b) to (f) of that section; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 243
55. Implementation bodies
1. The Secretary of State may make an order about any body—
a. which he considers to be an implementation body; and
b. 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—
a. confer on the body the legal capacities of a body corporate;
b. 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;
c. confer on a Northern Ireland department power to make grants to the body
out of money appropriated by Act of the Assembly;
d. make provision as to the accounting and audit arrangements which are to
apply in relation to the body; and
e. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 244
2. Sums forming part of the Fund—
a. shall be appropriated to the public service of Northern Ireland by Act of the
Assembly; and
b. 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—
a. by or under an Act of Parliament; or
b. 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”)—
a. 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
b. 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—
a. 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
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 245
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—
a. 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;
b. for the Department of Finance and Personnel to prepare an account of
payments into and out of the Fund;
c. 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);
d. for access by persons exercising those functions to such documents as they
may reasonably require;
e. 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
f. 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—
a. issuing credits for the payment of sums out of the Fund;
b. 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;
c. carrying out examinations into the economy, efficiency and effectiveness
with which the Northern Ireland departments have used their resources in
discharging their functions; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 246
d. 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—
a. meeting a temporary excess of sums to be paid out of the Consolidated
Fund of Northern Ireland over sums paid into the Fund; or
b. 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—
a. prepare, in such form and manner as the Treasury may direct, an account of
sums paid and received by him under section 61; and
b. send the account to the Comptroller and Auditor General not later than the
end of November in the following financial year.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 247
2. The Comptroller and Auditor General shall—
a. examine, certify and report on the account; and
b. 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—
a. is made by the Minister of Finance and Personnel; and
b. is signified to the Assembly by him or on his behalf.
2. Subsection (1) applies to a vote, resolution or Act which—
a. imposes or increases a charge on the Consolidated Fund of Northern
Ireland;
b. appropriates a sum out of that Fund or increases a sum to be appropriated;
c. releases or compounds a debt owed to the Crown; or
d. imposes or increases a tax.
3. Standing orders shall provide that a vote, resolution or Act which—
a. appropriates a sum out of the Consolidated Fund of Northern Ireland or
increases a sum to be appropriated; or
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 248
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—
a. the Assembly so resolves; and
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 249
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—
a. its effectiveness;
b. the adequacy and effectiveness of the functions conferred on it by this Part;
and
c. 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—
a. as soon as reasonably practicable after receipt of a general or specific
request for advice; and
b. on such other occasions as the Commission thinks appropriate.
4. The Commission shall advise the Assembly whether a Bill is compatible with
human rights—
a. as soon as reasonably practicable after receipt of a request for advice; and
b. on such other occasions as the Commission thinks appropriate.
5. The Commission may—
a. give assistance to individuals in accordance with section 70; and
b. 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—
a. research; and
b. educational activities.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 250
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.
8A. The Commission shall publish a report of its findings on an investigation.
8. For the purpose of exercising its functions under this section the Commission
may conduct such investigations as it considers necessary or expedient.
9. The Commission may decide to publish its advice and the outcome of its
research.
10. The Commission shall do all that it can to ensure the establishment of the
committee referred to in paragraph 10 of that section of that Agreement.
11. In this section—
a. a reference to the Assembly includes a reference to a committee of the
Assembly;
b. “human rights” includes the Convention rights.
69A. Investigations: evidence
1. For the purpose of an investigation under section 69(8) the Commission may by
notice in writing require a person—
a. to provide information in his possession,
b. to produce documents in his possession, or
c. to give oral evidence.
2. A notice may include provision about—
a. the form of information, documents or evidence;
b. timing.
3. A notice—
a. may not require a person to provide information that he is prohibited from
disclosing by virtue of an enactment,
b. may not require a person to do anything that he could not be compelled to
do in proceedings before the High Court, and
c. may not require a person to attend at a place unless the Commission
undertakes to pay the expenses of his journey.
4. The Commission may issue a notice under subsection (1) only if it has—
a. considered whether the matter to which the notice relates has already
been sufficiently investigated by another person, and
b. concluded that it has not.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 251
5. The recipient of a notice may apply to a county court to have the notice
cancelled on the grounds that the requirement imposed by the notice—
a. is unnecessary having regard to the purpose of the investigation to which
the notice relates,
b. contravenes subsection (4) or section 69D, or
c. is otherwise unreasonable.
6. Subsection (7) applies where the Commission thinks that a person—
a. has failed without reasonable excuse to comply with a notice, or
b. is likely to fail without reasonable excuse to comply with a notice.
7. The Commission may apply to a county court for an order requiring a person to
take such steps as may be specified in the order to comply with the notice.
8. A person commits an offence if without reasonable excuse he—
a. fails to comply with a notice,
b. fails to comply with an order under subsection (7),
c. falsifies anything provided or produced in accordance with a notice or
order, or
d. makes a false statement in giving oral evidence in accordance with a notice.
9. A person who is guilty of an offence under subsection (8) shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
10. A notice under this section may not require the Public Prosecution Service for
Northern Ireland to supply documents or evidence about a decision whether or
not to institute or continue criminal proceedings.
69B. Investigations: national security
1. Where a person is given a notice under section 69A(1) he shall disregard it, and
notify the Commission that he is disregarding it, in so far as he thinks it would
require him—
a. to disclose sensitive information within the meaning of paragraph 5 of
Schedule 1 to the Justice and Security Act 2013 (Intelligence and Security
Committee of Parliament),
b. to disclose information which might lead to the identification of an
employee or agent of an intelligence service (other than one whose identity
is already known to the Commission),
c. to disclose information which might provide details of processes used in
recruiting, selecting or training employees or agents of an intelligence
service,
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 252
d. to disclose information which might provide details of, or cannot
practicably be separated from, information falling within any of paragraphs
(a) to (c),
e. to make a disclosure of information relating to an intelligence service which
would prejudice the interests of national security, or
f. to make a disclosure of information relating to the Police Service of
Northern Ireland which would prejudice the interests of national security.
2. Where in response to a notice under section 69A(1) a person gives a notice to
the Commission under subsection (1) above—
a. section 69A(7) and (8) shall not apply in relation to that part of the notice
under section 69A(1) to which the notice under subsection (1) above
relates,
b. the Commission may apply to the tribunal established by section 65 of the
Regulation of Investigatory Powers Act 2000 (c. 23) for an order requiring
the person to take such steps as may be specified in the order to comply
with the notice,
c. the following provisions of that Act shall apply in relation to proceedings
under this subsection as they apply in relation to proceedings under that
Act (with any necessary modifications)—
i. section 67(7), (8) and (10) to (12) (determination),
ii. section 68 (procedure), and
iii. section 69 (rules), and
d. the tribunal shall determine proceedings under this subsection by
considering the opinion of the person who gave the notice under
subsection (1) above in accordance with the principles that would be
applied by a court on an application for judicial review of the giving of the
notice.
3. Where the Commission receives information or documents from or relating to
an intelligence service in response to a notice under section 69A(1), the
Commission shall store and use the information or documents in accordance
with any arrangements specified by the Secretary of State.
4. The recipient of a notice under section 69A(1) may apply to the High Court to
have the notice cancelled on the grounds that the requirement imposed by the
notice is undesirable for reasons of national security, other than for the reason
that it would require a disclosure of a kind to which subsection (1) above applies.
5. An investigation under section 69(8) may not consider—
a. whether an intelligence service has acted (or is acting) in a way which is
incompatible with a person's human rights, or
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 253
b. other matters concerning human rights in relation to an intelligence
service.
6. In this section “intelligence service” means—
a. the Security Service,
b. the Secret Intelligence Service, and
c. the Government Communications Headquarters.
69C. Investigations: places of detention
1. For the purpose of an investigation under section 69(8) a person authorised in
writing by the Commission may enter a specified place of detention in Northern
Ireland on one or more occasions during a specified period.
2. In subsection (1) “specified” means specified in the terms of reference of the
investigation.
3. In subsection (1) “place of detention” means—
a. a prison specified in the Schedule to the Prisons and Young Offenders
Centres Rules (Northern Ireland) 1995,
b. a place used for the purpose of detaining arrested persons in a police
station designated under Article 36 of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),
c. a place designated under paragraph 1 of Schedule 8 to the Terrorism Act
2000 (c. 11) (detention),
d. in a building where a court sits, a place used for the purpose of detaining
arrested persons,
e. a juvenile justice centre provided under Article 51 of the Criminal Justice
(Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),
f. the secure accommodation in Bangor provided and used in accordance with
Article 44 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755
(N.I. 2)),
g. a removal centre or short-term holding facility within the meaning of
section 147 of the Immigration and Asylum Act 1999 (c. 33), and
h. any accommodation (including accommodation in a hospital) provided for
the purpose of detention under the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)).
4. The Commission may specify a place of detention in the terms of reference of an
investigation only if it has—
a. considered whether the matter in respect of which the place is specified
has already been sufficiently investigated by another person, and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 254
b. concluded that it has not.
5. The power under subsection (1) may not be exercised—
a. during the period of 15 days beginning with that on which copies of the
terms of reference of the investigation are provided in accordance with
section 69D(1)(b), or
b. while an application under subsection (6), made during that period, has not
yet been determined.
6. A county court may, on the application of a person who appears to the court to
be responsible for a place of detention specified in terms of reference—
a. order that the power under subsection (1) may not be used to enter the
place of detention;
b. impose restrictions on the exercise of the power in relation to the place of
detention;
c. require the Commission to amend the terms of reference.
7. An order may be made under subsection (6) only if the court thinks that—
a. access to the place of detention is unnecessary having regard to the
purpose of the investigation,
b. it would be unreasonable to allow the Commission access to the place of
detention, or
c. the Commission has failed to comply with subsection (4) or section 69D.
8. In considering whether to make an order under subsection (6), and in
considering the terms of an order under subsection (6)(b), the court shall have
regard, in particular, to the likely impact of the use of the power under
subsection (1) on the operation of the place of detention.
9. If a person obstructs the Commission in the exercise of the power under
subsection (1) the Commission may apply to a county court for an order
requiring the person not to obstruct the Commission.
10. A person commits an offence if without reasonable excuse he fails to comply
with an order under subsection (9).
11. A person who is guilty of an offence under subsection (10) shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
12. The Secretary of State may by order amend subsection (3). • Constitution amendment procedure
69D. Investigations: terms of reference
1. A power under section 69A(1) or 69C(1) may be used in relation to an
investigation only if the Commission has—
a. prepared terms of reference for the investigation in advance, and
b. sent a copy of the terms of reference to—
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 255
i. any person identified in them,
ii. a person responsible for any place of detention specified in them, and
iii. any other person whom the Commission thinks may be affected by the
investigation.
2. Terms of reference must specify a period within which the investigation must be
concluded.
3. Subsection (2) does not prevent the Commission from commencing (in
accordance with this Part) a new investigation of matters arising out of, or
incompletely considered in, an earlier investigation.
70. Assistance by Commission
1. This section applies to—
a. proceedings involving law or practice relating to the protection of human
rights which a person in Northern Ireland has commenced, or wishes to
commence; or
b. proceedings in the course of which such a person relies, or wishes to rely,
on such law or practice.
2. Where the person applies to the Northern Ireland Human Rights Commission
for assistance in relation to proceedings to which this section applies, the
Commission may grant the application on any of the following grounds—
a. that the case raises a question of principle;
b. that it would be unreasonable to expect the person to deal with the case
without assistance because of its complexity, or because of the person’s
position in relation to another person involved, or for some other reason;
c. that there are other special circumstances which make it appropriate for
the Commission to provide assistance.
3. Where the Commission grants an application under subsection (2) it may—
a. provide, or arrange for the provision of, legal advice;
b. arrange for the provision of legal representation;
c. provide any other assistance which it thinks appropriate.
4. Arrangements made by the Commission for the provision of assistance to a
person may include provision for recovery of expenses from the person in
certain circumstances.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 256
71. Restrictions on application of rights
1. Nothing in section 6(2)(c) or 24(1)(a) shall enable a person—
a. to bring any proceedings in a court or tribunal on the ground that any
legislation or act is incompatible with the Convention rights; or
b. to rely on any of the Convention rights in any such proceedings,unless he
would be a victim for the purposes of article 34 of the Convention if
proceedings in respect of the legislation or act were brought in the
European Court of Human Rights.
2. Subsection (1) does not apply to the Attorney General, the Attorney General for
Northern Ireland, the Advocate General for Scotland or the Lord Advocate.
2A. Subsection (1) does not apply to the Commission.
2B. In relation to the Commission's instituting, or intervening in, human rights
proceedings—
a. the Commission need not be a victim or potential victim of the unlawful act
to which the proceedings relate,
b. section 7(3) and (4) of the Human Rights Act 1998 (c. 42) (breach of
Convention rights: sufficient interest, &c.) shall not apply,
c. the Commission may act only if there is or would be one or more victims of
the unlawful act, and
d. no award of damages may be made to the Commission (whether or not the
exception in section 8(3) of that Act applies).
2C. For the purposes of subsection (2B)—
a. “human rights proceedings” means proceedings which rely (wholly or
partly) on—
i. section 7(1)(b) of the Human Rights Act 1998, or
ii. section 69(5)(b) of this Act, and
b. an expression used in subsection (2B) and in section 7 of the Human Rights
Act 1998 has the same meaning in subsection (2B) as in section 7.
3. Section 6(2)(c)—
a. does not apply to a provision of an Act of the Assembly if the passing of the
Act is, by virtue of subsection (2) of section 6 of the Human Rights Act
1998, not unlawful under subsection (1) of that section; and
b. does not enable a court or tribunal to award in respect of the passing of an
Act of the Assembly any damages which it could not award on finding the
passing of the Act unlawful under that subsection.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 257
4. Section 24(1)(a)—
a. does not apply to an act which, by virtue of subsection (2) of section 6 of the
Human Rights Act 1998, is not unlawful under subsection (1) of that
section; and
b. does not enable a court or tribunal to award in respect of an act any
damages which it could not award on finding the act unlawful under that
subsection.
5. In this section “the Convention” has the same meaning as in the Human Rights
Act 1998.
72. Standing Advisory Commission on Human Rights:
dissolution
[Repealed]
Subheading 2: Equality of opportunity
73. The Equality Commission for Northern Ireland
1. There shall be a body corporate to be known as the Equality Commission for
Northern Ireland.
2. The Commission shall consist of not less than 14 nor more than 20
Commissioners appointed by the Secretary of State.
3. The Secretary of State shall appoint—
a. one Commissioner as Chief Commissioner; and
b. at least one Commissioner as Deputy Chief Commissioner.
4. 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.
5. Schedule 8 (which makes supplementary provision about the Commission) shall
have effect.
74. The Commission’s principal functions
1. The functions exercisable by the bodies listed in subsection (2) shall instead be
exercisable by the Equality Commission; and the bodies listed are hereby
dissolved.
2. Those bodies are—
a. the Fair Employment Commission for Northern Ireland;
b. the Equal Opportunities Commission for Northern Ireland;
c. the Commission for Racial Equality for Northern Ireland;
d. the Northern Ireland Disability Council.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 258
3. In exercising its functions the Equality Commission shall—
a. aim to secure an appropriate division of resources between the functions
previously exercisable by each of the bodies listed in subsection (2); and
b. have regard to advice offered by a consultative council.
4. In subsection (3) “consultative council” means a group of persons selected by the
Commission to advise in relation to the functions previously exercisable by one
of the bodies listed in subsection (2) or in relation to the Commission’s functions
under Schedule 9.
5. The Secretary of State may by order make such supplemental, incidental or
consequential provision as appears to him to be appropriate as a result of
subsections (1) and (2).
6. In particular, an order may include provision—
a. amending an enactment;
b. for the transfer of rights and liabilities;
c. for payments into the Consolidated Fund or to a specified person.
75. Statutory duty on public authorities
1. A public authority shall in carrying out its functions relating to Northern Ireland
have due regard to the need to promote equality of opportunity—
a. between persons of different religious belief, political opinion, racial group,
age, marital status or sexual orientation;
b. between men and women generally;
c. between persons with a disability and persons without;and
d. between persons with dependants and persons without.
2. Without prejudice to its obligations under subsection (1), a public authority shall
in carrying out its functions relating to Northern Ireland have regard to the
desirability of promoting good relations between persons of different religious
belief, political opinion or racial group.
3. In this section “public authority” means—
a. any department, corporation or body listed in Schedule 2 to the
Parliamentary Commissioner Act 1967 (departments, corporations and
bodies subject to investigation) and designated for the purposes of this
section by order made by the Secretary of State;
b. any body (other than the Equality Commission) listed in Schedule 2 to the
Commissioner for Complaints (Northern Ireland) Order 1996 (bodies
subject to investigation);
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 259
c. any department or other authority listed in Schedule 2 to the Ombudsman
(Northern Ireland) Order 1996 (departments and other authorities subject
to investigation);
cc. the Northern Ireland Policing Board, the Chief Constable of the Police
Service of Northern Ireland and the Police Ombudsman for Northern
Ireland;
cd. the Director of Public Prosecutions for Northern Ireland;
ce. the Chief Inspector of Criminal Justice in Northern Ireland;
cf. the Northern Ireland Law Commission;
d. any other person designated for the purposes of this section by order made
by the Secretary of State.
• Federal review of subnational legislation
3A. An order under subsection (3)(a) or (d) may provide that the designated
department, corporation, body or other person—
a. is not subject to, or is only subject to, specified obligations under subsection
(1) or (2), or
b. is not subject to, or is only subject to, specified obligations under subsection
(1) or (2)—
i. when exercising a specified function, or
ii. when exercising a specified function in specified circumstances or for
specified purposes.
3B. In subsection (3A) “specified” means specified in the order.
4. Schedule 9 (which makes provision for the enforcement of the duties under this
section) shall have effect.
4A. The references in subsections (1) and (2) and Schedule 9 to the functions of the
Director of Public Prosecutions for Northern Ireland do not include any of his
functions relating to the prosecution of offences or any of the functions
conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act
2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil
recovery investigations and disclosure orders in relation to confiscation
investigations).
5. In this section—
• “disability” has the same meaning as in the Disability Discrimination Act
1995; and
• “racial group” has the same meaning as in the Race Relations (Northern
Ireland) Order 1997.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 260
76. Discrimination by public authorities
1. It shall be unlawful for a public authority carrying out functions relating to
Northern Ireland to discriminate, or to aid or incite another person to
discriminate, against a person or class of person on the ground of religious belief
or political opinion.
2. An act which contravenes this section is actionable in Northern Ireland at the
instance of any person adversely affected by it; and the court may—
a. grant damages;
b. subject to subsection (3), grant an injunction restraining the defendant
from committing, causing or permitting further contraventions of this
section.
3. Without prejudice to any other power to grant an injunction, a court may grant
an injunction under subsection (2) only if satisfied that the defendant—
a. contravened this section on the occasion complained of and on more than
one previous occasion; and
b. is likely to contravene this section again unless restrained by an injunction.
4. This section does not apply in relation to any act or omission 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.
5. Subsection (1) applies to the making, confirmation or approval of subordinate
legislation only if—
a. the legislation contains a provision which discriminates against a person or
class of person on the ground of religious belief or political opinion; and
b. the provision extends only to the whole or any part of Northern Ireland.
6. Where it is alleged that subsection (1) applies to the making, confirmation or
approval of subordinate legislation, subsection (2) shall not apply but the
contravention may be relied upon in legal proceedings relating to the validity of
the subordinate legislation.
7. The following are public authorities for the purposes of this section—
a. a Minister of the Crown;
b. any department, corporation or body listed in Schedule 2 to the
Parliamentary Commissioner Act 1967 (departments, corporations and
bodies subject to investigation);
c. any body listed in Schedule 2 to the Commissioner for Complaints
(Northern Ireland) Order 1996 (bodies subject to investigation);
d. any authority (other than a Northern Ireland department) listed in Schedule
2 to the Ombudsman (Northern Ireland) Order 1996 (departments and
other authorities subject to investigation);
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 261
e. the Police Service of Northern Ireland, the Police Service of Northern
Ireland Reserve and the Police Ombudsman for Northern Ireland;
ea. the Director of Public Prosecutions for Northern Ireland;
f. the Probation Board for Northern Ireland; and
fa. the Chief Inspector of Criminal Justice in Northern Ireland;
fb. the Northern Ireland Law Commission;
g. a universal service provider (within the meaning of Part 3 of the Postal
Services Act 2011) so far as carrying out functions in connection with the
provision of a universal postal service (within the meaning of that Part).
8. This section does not apply to a decision of the Director of Public Prosecutions
for Northern Ireland not to institute, or to discontinue, criminal proceedings or,
where such a decision has been made, to any act done for the purpose of
enabling the decision whether to institute or continue the proceedings to be
made or for securing that the proceedings are discontinued.
9. No injunction may be granted in respect of a contravention of this section by the
Director of Public Prosecutions for Northern Ireland unless the court is satisfied
that it would not prejudice any decision to institute criminal proceedings or any
criminal proceedings.
10. Where a party to proceedings for a contravention of this section applies for a
stay of those proceedings on the ground of prejudice to a decision to institute
criminal proceedings, or of prejudice to particular criminal proceedings, the
court must grant the stay unless it is satisfied that continuance of the
proceedings for the contravention would not result in the prejudice alleged.
11. The reference in subsection (1) to the functions of the Director of Public
Prosecutions for Northern Ireland does not include any of the functions
conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act
2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil
recovery investigations and disclosure orders in relation to confiscation
investigations).
77. Unlawful oaths etc
1. Subject to subsections (2) and (3), an authority or body to which this section
applies may not require a person to take an oath or make a declaration as a
condition of—
a. being appointed to the authority or body;
b. acting as a member of the authority or body; or
c. serving with or being employed by the authority or body.
2. Subsection (1) shall not prevent a person being required to take an oath, or make
a declaration, which is expressly required or authorised by the law in force
immediately before this section comes into force.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 262
3. Subsection (1) shall not prevent a person being required to make a declaration—
a. of acceptance of office;
b. that he is qualified to act, serve or be employed in a capacity; or
c. that he is not disqualified from acting, serving or being employed in a
capacity.
4. This section applies to—
a. the Assembly;
b. the Northern Ireland Assembly Commission;
c. any body listed in Schedule 2 to the Commissioner for Complaints
(Northern Ireland) Order 1996 (bodies subject to investigation);
d. any authority (other than a Northern Ireland department) listed in Schedule
2 to the Ombudsman (Northern Ireland) Order 1996 (departments and
other authorities subject to investigation); and
e. the Probation Board for Northern Ireland.
5. Subsections (1) to (3) apply with the necessary modifications to a Minister and a
Northern Ireland department.
6. An act which contravenes this section is actionable in Northern Ireland at the
instance of any person adversely affected by it; and the court may—
a. grant damages;
b. subject to subsection (7), grant an injunction restraining the defendant
from committing, causing or permitting further contraventions of this
section.
7. Without prejudice to any other power to grant an injunction, a court may grant
an injunction under subsection (6) only if satisfied that the defendant—
a. contravened this section on the occasion complained of and on more than
one previous occasion; and
b. is likely to contravene this section again unless restrained by an injunction.
8. In this section a reference to a declaration includes a reference to any kind of
undertaking or affirmation, by whatever name.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 263
78. Removal of restrictions on investigation into
maladministration
1. The provisions mentioned in subsection (2) (which preclude an investigation
when the person aggrieved has or had a remedy by way of proceedings in a court
of law) shall not apply to an investigation of a complaint alleging
maladministration involving—
a. discrimination, or aiding or inciting any person to discriminate, on the
ground of religious belief or political opinion; or
b. a requirement in contravention of section 77 to take an oath or make a
declaration (within the meaning of that section).
2. The provisions are—
a. section 5(2)(b) of the Parliamentary Commissioner Act 1967;
b. Article 9(3)(b) of the Commissioner for Complaints (Northern Ireland)
Order 1996; and
c. Article 10(3)(b) of the Ombudsman (Northern Ireland) Order 1996.
Part VIII: Miscellaneous
Subheading 1: Judicial scrutiny
79. Devolution issues
Schedule 10 (which makes provision in relation to devolution issues) shall have
effect.
• Federal review of subnational legislation 80. Legislative power to remedy ultra vires acts
1. The Secretary of State may by order make such provision as he considers
necessary or expedient in consequence of—
a. any provision of an Act of the Assembly which is not, or may not be, within
the legislative competence of the Assembly; or
b. any purported exercise by a Minister or Northern Ireland department of his
or its functions which is not, or may not be, a valid exercise of those
functions.
2. An order under this section may—
a. make provision having retrospective effect;
b. make consequential or supplementary provision, including provision
amending or repealing any Northern Ireland legislation, or any instrument
made under such legislation;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 264
c. make transitional or saving provision.
81. Powers of courts or tribunals to vary retrospective
decisions
1. This section applies where any court or tribunal decides that—
a. any provision of an Act of the Assembly is not within the legislative
competence of the Assembly; or
b. a Minister or Northern Ireland department does not have the power to
make, confirm or approve a provision of subordinate legislation that he or it
has purported to make, confirm or approve.
2. The court or tribunal may make an order—
a. removing or limiting any retrospective effect of the decision; or
b. suspending the effect of the decision for any period and on any conditions
to allow the defect to be corrected.
3. In deciding whether to make an order under this section, the court or tribunal
shall (among other things) have regard to the extent to which persons who are
not parties to the proceedings would otherwise be adversely affected.
4. Where a court or tribunal is considering whether to make an order under this
section, it shall order notice of that fact to be given to—
a. the Attorney General for Northern Ireland; and
b. where the decision mentioned in subsection (1) relates to a devolution
issue (within the meaning of Schedule 10), the appropriate authority,unless
the person to whom the notice would be given is a party to the proceedings.
5. A person to whom notice is given under subsection (4) or, where such notice is
given to the First Minister and the deputy First Minister, those Ministers acting
jointly may take part as a party in the proceedings so far as they relate to the
making of the order.
6. Paragraphs 37 and 38 of Schedule 10 apply with necessary modifications for the
purposes of subsections (4) and (5) as they apply for the purposes of that
Schedule.
7. In this section “the appropriate authority” means—
a. in relation to proceedings in Northern Ireland, the First Minister and the
deputy First Minister;
b. in relation to proceedings in England and Wales, the Attorney General;
c. in relation to proceedings in Scotland, the Lord Advocate and the Advocate
General for Scotland.
82. The Judicial Committee
[Repealed]
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 265
83. Interpretation of Acts of the Assembly etc
1. This section applies where—
a. any provision of an Act of the Assembly, or of a Bill for such an Act, could be
read either—
i. in such a way as to be within the legislative competence of the
Assembly; or
ii. in such a way as to be outside that competence; or
b. any provision of subordinate legislation made, confirmed or approved, or
purporting to be made, confirmed or approved, by a Northern Ireland
authority could be read either—
i. in such a way as not to be invalid by reason of section 24 or, as the case
may be, section 76; or
ii. in such a way as to be invalid by reason of that section.
2. The provision shall be read in the way which makes it within that competence or,
as the case may be, does not make it invalid by reason of that section, and shall
have effect accordingly.
3. In this section “Northern Ireland authority” means a Minister, a Northern
Ireland department or a public authority (within the meaning of section 76)
carrying out functions relating to Northern Ireland.
Subheading 2: Power to make provision by Order in
Council
• Head of state powers
• Advisory bodies to the head of state
84. Provision with respect to certain matters relating to
Northern Ireland
1. Her Majesty may by Order in Council make provision with respect to elections
(but not the franchise) and boundaries in respect of district councils in Northern
Ireland.
1A. The power in subsection (1) includes power to make provision with respect to
polls at elections for district councillors when they are combined with polls at
other elections.
1B. An Order in Council under subsection (1) 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.
2. Her Majesty may by Order in Council make such amendments of the law of any
part of the United Kingdom as appear to Her Majesty to be necessary or
expedient in consequence of any provision made by or under—
a. Northern Ireland legislation; or
b. any Act of Parliament passed before this Act in so far as the provision is
part of the law of Northern Ireland.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 266
3. An Order in Council under subsection (1) or (2) may contain such consequential
and supplemental provisions as appear to Her Majesty to be necessary or
expedient.
4. No recommendation shall be made to Her Majesty to make an Order in Council
under this section unless a draft of the Order has been laid before and approved
by resolution of each House of Parliament.
85. Provision dealing with certain reserved matters
1. Her Majesty may by Order in Council make provision dealing with any matter
falling within a description specified in any of paragraphs 9 to 17 of Schedule 3 (a
“relevant matter”), including—
a. provision having retrospective effect;
b. provision for the delegation of functions;
c. provision amending or repealing any provision made by or under any Act of
Parliament or Northern Ireland legislation.
2. An Order in Council under this section may—
a. make provision ancillary to provisions (whether in the Order or previously
enacted) which deal with any relevant matter;
b. make such consequential, incidental, supplemental, or transitional
provision as appears to Her Majesty to be necessary or expedient.
3. No recommendation shall be made to Her Majesty to make an Order in Council
under this section unless a draft of the Order has been laid before and approved
by resolution of each House of Parliament.
4. No draft may be laid under subsection (3) unless—
a. the Secretary of State has laid before Parliament a document which
contains a draft of the proposed Order;
b. the Secretary of State has referred the document to the Assembly for its
consideration; and
c. the period of 60 days beginning with the day on which the document was
laid before Parliament has ended.
5. The Assembly may report to the Secretary of State the views expressed in the
Assembly on the proposed Order and shall do so if the Secretary of State so
requests.
6. The draft laid under subsection (3) must be accompanied—
a. if representations have been made during the period mentioned in
subsection (4), by a statement containing a summary of the
representations;
b. if a report has been made to the Secretary of State under subsection (5)
during that period, by a copy of the report; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 267
c. if, as a result of any representations or report so made, the proposed Order
has been changed, by a statement containing details of the changes.
7. Subsection (3) does not apply to an Order in Council which declares that it has
been made to appear to Her Majesty that by reason of urgency the Order
requires to be made without a draft having been approved as mentioned in that
subsection.
8. Where an Order in Council contains a declaration such as is mentioned in
subsection (7)—
a. the Order shall be laid before Parliament after being made; and
b. if at the end of the period of 40 days after the date on which the Order is
made it has not been approved by resolution of each House, it shall then
cease to have effect (but without prejudice to anything previously done
under it or to the making of a new Order).
9. In reckoning the periods mentioned in subsections (4) and (8), no account shall
be taken of any time during which Parliament is dissolved or prorogued or
during which both Houses are adjourned for more than four days.
10. References to Acts of the Assembly in any enactment or instrument shall, so far
as the context permits, be deemed to include references to Orders in Council
under this section.
11. Orders in Council under this section may be omitted from any annual edition of
statutory instruments made by virtue of section 8 of the Statutory Instruments
Act 1946.
12. In this section “representations” means representations about a proposed
Order in Council under this section made to the Secretary of State and
includes—
a. any relevant resolution of either House of Parliament or of the Assembly;
and
b. any relevant report or resolution of any committee of either House of
Parliament or of the Assembly.
86. Provision for purposes consequential on Act etc
1. Her Majesty may by Order in Council make such provision, including provision
amending the law of any part of the United Kingdom, as appears to Her Majesty
to be necessary or expedient in consequence of, or for giving full effect to, this
Act or any Order under section 4 or 6.
2. Orders under subsection (1) may make provision for transferring to a United
Kingdom authority, with effect from any date specified in the Order—
a. any functions which immediately before that date are exercisable by a
Northern Ireland authority and appear to Her Majesty to be concerned
with a matter which is an excepted or reserved matter other than by virtue
of an Order under section 4;
b. any functions which immediately before that date are exercisable by a
Northern Ireland authority and appear to Her Majesty not to be exercisable
in or as regards Northern Ireland by virtue of an Order under section 6.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 268
3. Orders under subsection (1) may make provision for transferring to a Northern
Ireland authority, with effect from any date specified in the Order—
a. any functions which immediately before that date are exercisable by a
United Kingdom authority and appear to Her Majesty to be concerned with
a matter which is a transferred matter other than by virtue of an Order
under section 4;
b. any functions which immediately before that date are exercisable by a
United Kingdom authority and appear to Her Majesty to be exercisable in
or as regards Northern Ireland by virtue of an Order under section 6.
3A. An Order under subsection (1) in relation to an Order under section 4 may make
provision doing any of the following—
a. transferring to a United Kingdom authority, with effect from any date
specified in the Order under subsection (1), any function which
immediately before that date is exercisable by a Northern Ireland
authority;
b. transferring to a Northern Ireland authority, with effect from any date
specified in the Order under subsection (1), any function which
immediately before that date is exercisable by a United Kingdom authority;
c. conferring a function on a United Kingdom authority or a Northern Ireland
authority;
d. removing a function from a United Kingdom authority or a Northern
Ireland authority.
4. An Order under subsection (1) may make provision, to such extent as may
appear to Her Majesty to be necessary or expedient in consequence of, or for
giving full effect to, this Act or any Order under section 4 or 6—
a. for transferring or apportioning any property, rights or liabilities;
b. for substituting any authority for any other authority in any charter,
contract or other document or in any legal proceedings;
c. for any other transitional or consequential matter.
5. Where such provision as is mentioned in subsection (3)(b) has been made by
Order in Council under subsection (1), Her Majesty may, if it appears to Her
necessary or expedient to do so, by Order in Council—
a. provide that the functions transferred to the Northern Ireland authority
shall be exercisable by a United Kingdom authority, either alone or
concurrently with the Northern Ireland authority; and
b. make such provision as is mentioned in subsection (4)(a) to (c).
6. No recommendation shall be made to Her Majesty to make an Order under this
section unless a draft of it has been laid before and approved by resolution of
each House of Parliament.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 269
7. In this section “Northern Ireland authority” means—
a. a Minister or a Northern Ireland department;
b. the Comptroller and Auditor General for Northern Ireland; or
c. any other public body or holder of public office in Northern Ireland.
8. In this section “United Kingdom authority” means—
a. the Privy Council;
b. any Minister of the Crown;
c. the Defence Council;
d. the Commissioners of Inland Revenue;
e. the Commissioners of Customs and Excise;
f. the Comptroller and Auditor General; or
g. any other public body or holder of public office in the United Kingdom.
86A. Provision for transfer of functions relating to
extradition etc
1. Her Majesty may by Order in Council make provision amending—
a. the Crime (International Co-operation) Act 2003; or
b. the Extradition Act 2003,
for the purpose of transferring to a Minister or a Northern Ireland department,
with effect from any date specified in the Order, any relevant function under the
Act.
2. In subsection (1) “relevant function” means a function which, immediately
before the date specified in the Order,—
a. is exercisable by a Minister of the Crown; and
b. is exercisable in relation to Northern Ireland.
3. An Order under subsection (1) may make provision, to such extent as may
appear to Her Majesty to be necessary or expedient in consequence of, or for
giving full effect to, the Order—
a. for transferring or apportioning any property, rights or liabilities;
b. for substituting any body or person for any other body or person in any
charter, contract or other document or in any legal proceedings;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 270
c. for any other transitional or consequential matter.
4. No recommendation shall be made to Her Majesty to make an Order under this
section unless a draft of it has been laid before and approved by resolution of
each House of Parliament.
• Constitution amendment procedure 86B. Provision for entrenching enactments
1. Her Majesty may by Order in Council make provision amending section 7 so as
to provide for—
a. enactments to become entrenched; or
b. enactments that are entrenched by virtue of an Order under paragraph (a)
to cease to be entrenched.
2. For the purposes of this section an enactment is entrenched if section 7
prevents it from being modified by an Act of the Assembly or subordinate
legislation made, confirmed or approved by a Minister or Northern Ireland
department.
3. No recommendation shall be made to Her Majesty to make an Order under this
section unless a draft of it has been laid before and approved by resolution of
each House of Parliament.
Subheading 3: Social security, child support and pensions
87. Consultation and co-ordination
1. The Secretary of State and the Northern Ireland Minister having responsibility
for social security (“the Northern Ireland Minister”) shall from time to time
consult one another with a view to securing that, to the extent agreed between
them, the legislation to which this section applies provides single systems of
social security, child support and pensions for the United Kingdom.
2. Without prejudice to section 28, the Secretary of State with the consent of the
Treasury, and the Northern Ireland Minister with the consent of the
Department of Finance and Personnel, may make—
a. arrangements for co-ordinating the operation of the legislation to which
this section applies with a view to securing that, to the extent allowed for in
the arrangements, it provides single systems of social security, child
support and pensions for the United Kingdom; and
b. reciprocal arrangements for co-ordinating the operation of so much of the
legislation as operates differently in relation to Great Britain and in relation
to Northern Ireland.
3. Such arrangements as are mentioned in subsection (2)(a) or (b) may include
provision for making any necessary financial adjustments, other than
adjustments between the National Insurance Fund and the Northern Ireland
National Insurance Fund.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 271
4. The Secretary of State may make regulations for giving effect to arrangements
under subsection (2); and any such regulations may for the purposes of the
arrangements provide—
a. for adapting legislation (including subordinate legislation) for the time
being in force in Great Britain;
b. without prejudice to paragraph (a) above, for securing that acts, omissions
and events having any effect for the purposes of the enactments in force in
Northern Ireland have a corresponding effect in relation to Great Britain
(but not so as to confer any double benefit); and
c. for determining, in cases where rights accrue both in relation to Great
Britain and in relation to Northern Ireland, which of those rights shall be
available to the person concerned.
5. The Northern Ireland department having responsibility for social security may
make regulations for giving effect to arrangements under subsection (2); and
any such regulations may for the purposes of the arrangements provide—
a. for adapting legislation (including subordinate legislation) for the time
being in force in Northern Ireland;
b. without prejudice to paragraph (a) above, for securing that acts, omissions
and events having any effect for the purposes of the enactments in force in
Great Britain have a corresponding effect in relation to Northern Ireland
(but not so as to confer any double benefit); and
c. for determining, in cases where rights accrue both in relation to Northern
Ireland and in relation to Great Britain, which of those rights shall be
available to the person concerned.
6. This section applies to—
a. the Social Security Contributions and Benefits Act 1992 and the Social
Security Contributions and Benefits (Northern Ireland) Act 1992;
b. the Social Security Administration Act 1992 and the Social Security
Administration (Northern Ireland) Act 1992;
c. the Child Support Act 1991 and the Child Support (Northern Ireland) Order
1991;
d. the Social Security Pensions Act 1975 and the Social Security Pensions
(Northern Ireland) Order 1975;
e. the Social Security Act 1989 and the Social Security (Northern Ireland)
Order 1989;
f. the Disability (Grants) Act 1993;
g. the Pension Schemes Act 1993 and the Pensions Schemes (Northern
Ireland) Act 1993;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 272
h. the Social Security (Incapacity for Work) Act 1994 and the Social Security
(Incapacity for Work) (Northern Ireland) Order 1994;
i. the Jobseekers Act 1995 and the Jobseekers (Northern Ireland) Order
1995;
j. the Pensions Act 1995 and the Pensions (Northern Ireland) Order 1995;
k. the Child Support Act 1995 and the Child Support (Northern Ireland) Order
1995;
l. the Social Security (Recovery of Benefits) Act 1997 and the Social Security
(Recovery of Benefits) (Northern Ireland) Order 1997;
m. the Social Security Act 1998 and the Social Security (Northern Ireland)
Order 1998.
n. the Welfare Reform and Pensions Act 1999 and the Welfare Reform and
Pensions (Northern Ireland) Order 1999
o. the Child Support, Pensions and Social Security Act 2000 and the Child
Support, Pensions and Social Security Act (Northern Ireland) 2000
p. the Social Security Fraud Act 2001 and the Social Security Fraud Act
(Northern Ireland) 2001
q. the State Pension Credit Act 2002 and the State Pension Credit Act
(Northern Ireland) 2002
r. the Age-Related Payments Act 2004 and the Age-Related Payments
(Northern Ireland) Order 2004;
s. the Pensions Act 2004 and the Pensions (Northern Ireland) Order 2005
t. the Welfare Reform Act 2007 and the Welfare Reform Act (Northern
Ireland) 2007;
u. the Pensions Act 2007 and the Pensions Act (Northern Ireland) 2008
v. the Child Maintenance and Other Payments Act 2008, the Mesothelioma,
etc., Act (Northern Ireland) 2008, and the Child Maintenance Act (Northern
Ireland) 2008;
w. the Pensions Act 2008 and the Pensions (No. 2) Act (Northern Ireland)
2008.
6A. But this section does not apply to the legislation referred to in subsection (6) to
the extent that it relates to child benefit or guardian’s allowance.
7. Her Majesty may by Order in Council make any modifications of subsection (6)
which She considers necessary or expedient.
• Constitution amendment procedure
• Head of state powers
• Advisory bodies to the head of state
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 273
8. The following provisions (which are superseded by this section and section 88)
shall cease to have effect—
a. sections 177 and 178 of the Social Security Administration Act 1992
(co-ordination and reciprocity with Northern Ireland);
b. sections 153 and 154 of the Social Security Administration (Northern
Ireland) Act 1992 (co-ordination and reciprocity with Great Britain);
c. section 56(2) to (4) of the Child Support Act 1991 (co-ordination with
Northern Ireland);
d. Article 49(2) and (3) of the Child Support (Northern Ireland) Order 1991
(co-ordination with Great Britain);
e. section 29(2) to (4) of the Child Support Act 1995 (co-ordination with
Northern Ireland);
f. Article 20 of the Child Support (Northern Ireland) Order 1995
(co-ordination with Great Britain).
9. Section 189 of the Social Security Administration Act 1992 (regulations and
orders: general) shall apply in relation to the power conferred by subsection (4)
as it applied in relation to the power conferred by section 177(4) of that Act.
10. The power conferred by subsection (5) shall be construed as if it had been
conferred by an Act of the Assembly; and section 165 of the Social Security
Administration (Northern Ireland) Act 1992 (regulations and orders: general)
shall apply in relation to that power as it applied in relation to the power
conferred by section 153(3) of that Act.
11. A statutory instrument containing an Order in Council under subsection (7) shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.
88. The Joint Authority
1. The Joint Authority continued in being by section 177(2) of the Social Security
Administration Act 1992—
a. shall consist of the Secretary of State, the Northern Ireland Minister having
responsibility for social security and the Chancellor of the Exchequer; and
b. shall continue in being by the name of the Social Security, Child Support and
Pensions Joint Authority for the purposes of the legislation to which
section 87 applies.
2. The responsibility of the Joint Authority shall include that of giving effect to
arrangements under section 87(2), with power to discharge such functions as
may be provided under the arrangements.
3. The Joint Authority shall also have power—
a. to require the making by the Commissioners of Inland Revenue of any
necessary adjustments between the National Insurance Fund and the
Northern Ireland National Insurance Fund, and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 274
b. to make any other necessary financial adjustments.
4. The Joint Authority shall continue—
a. to be a body corporate; and
b. to have an official seal which shall be officially and judicially noticed;
and the seal of the Authority may be authenticated by any member of, or the
secretary to, the Authority, or by any person authorised by the Authority to act
on behalf of the secretary.
5. Any member of the Joint Authority shall be entitled, subject to and in
accordance with any rules laid down by the Authority, to appoint a deputy to act
for him at meetings of the Authority.
6. The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the
Authority were included in the first column of the Schedule to that Act and—
a. as if any member or the secretary, or any person authorised to act on behalf
of the secretary, of the Authority were mentioned in the second column of
that Schedule; and
b. as if the regulations referred to in that Act included any document issued
by the Authority.
89. Industrial Injuries Advisory Council
1. For subsection (1) of section 149 of the Social Security Administration
(Northern Ireland) Act 1992 (Social Security Advisory Committee) substitute—
“(1) The Department may from time to time—
(a) refer to the Social Security Advisory Committee for consideration and advice
such questions relating to the operation of any of the relevant enactments as the
Department thinks fit (including questions as to the advisability of amending any
of them);
(b) refer to the Industrial Injuries Advisory Council for consideration and advice
such questions as the Department thinks fit relating to industrial injuries benefit
or its administration.”
2. After subsection (2) of that section insert—
“(2A) Subject—
(a) to subsection (3) below; and
(b) to section 150 below,
where the Department proposes to make regulations relating only to industrial
injuries benefit or its administration, it shall refer the proposals, in the form of
draft regulations or otherwise, to the Industrial Injuries Advisory Council for
consideration and advice.”
3. At the end of subsection (3) of that section insert “ ; and subsection (2A) above
does not apply to the regulations specified in Schedule 5A to this Act ”.
4. After that subsection insert—
“(3A) The Industrial Injuries Advisory Council may also give advice to the
Department on any other matter relating to industrial injuries benefit or its
administration.”
5. In subsections (1), (2) and (5) of section 150 of that Act (cases in which
consultation not required), after “the Committee”, in each place, insert “ or the
Council ”.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 275
6. In subsection (3) of that section—
a. after “the Committee”, in the first place, insert “ or the Council ”; and
b. after “the Committee has made its report” insert “ or, as the case may be,
the Council has given its advice ”.
7. In subsection (6) of that section, after the definition of “the Committee” insert—
““the Council” means the Industrial Injuries Advisory Council;”.
8. After Schedule 5 to that Act insert—
“SCHEDULE 5A
Regulations not requiring prior submission to Industrial Injuries Advisory
Council
1 - Regulations under section 120(1)(b) of the Contributions and Benefits Act.
2 - Regulations which state that they contain only provisions in consequence of
an order under section 129 or 132 above.
3 - Regulations made within a period of 6 months from the passing of any Act
passed after this Act and directed to be construed as one with this Act, where—
(a) the regulations state that they contain only regulations to make provision
consequential on the passing of the Act; and
(b) the Act does not exclude this paragraph in respect of the regulations;
and in this paragraph “Act” includes an Act of the Northern Ireland Assembly.
4 - Regulations which state that they contain only regulations making with
respect to industrial injuries benefit or its administration the same or
substantially the same provision as has been, or is to be, made with respect to
other benefit as defined in section 121(1) of the Contributions and Benefits Act
or its administration.
5 - Regulations which state that the only provision with respect to industrial
injuries benefit or its administration that is made by the regulations is the same
or substantially the same as provision made by the instrument with respect to
other benefit as defined in section 121(1) of the Contributions and Benefits Act
or its administration.
6 - Regulations made for the purpose only of consolidating other regulations
revoked by them.
7 - Regulations making only provision corresponding to provision contained in
regulations made by the Secretary of State or the Lord Chancellor in relation to
Great Britain.”
9. In section 192(5) of the Social Security Administration Act 1992, after the entry
relating to section 170 (with Schedule 5) insert— “ section 171 (with Schedule 6);
”.
Subheading 4: Discrimination: certificates by Secretary of
State
90. Effect of certificates
1. This section applies where in any proceedings—
a. a person claims that an act discriminated against him in contravention of
section 24 or 76; and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 276
b. the person against whom the claim is made proposes to rely on a certificate
purporting to be signed by or on behalf of the Secretary of State and
certifying—
i. that an act specified in the certificate was done for the purpose of
safeguarding national security or protecting public safety or public
order; and
ii. that the doing of the act was justified by that purpose.
2. The claimant may, in accordance with rules made under section 91, appeal
against the certificate to the Tribunal, that is to say, the tribunal established
under section 91.
3. If on an appeal under subsection (2) the Tribunal determines—
a. that the act specified in the certificate was done for the certified purpose;
and
b. that the doing of the act was justified by that purpose,the Tribunal shall
uphold the certificate; in any other case, the Tribunal shall quash the
certificate.
4. If—
a. the claimant does not appeal against the certificate; or
b. the certificate is upheld on appeal,
the certificate shall be conclusive evidence of the matters certified by it.
5. In this section “act” does not include the making, confirmation or approval of a
provision of subordinate legislation.
91. The Tribunal
1. There shall be a tribunal in relation to which Schedule 11 shall have effect.
2. The Lord Chancellor may, after consultation with the Lord Chief Justice of
Northern Ireland, make rules—
a. for regulating the exercise of rights of appeal to the Tribunal;
b. for prescribing the practice and procedure to be followed on or in
connection with appeals to the Tribunal, including the mode and burden of
proof and admissibility of evidence on such appeals; and
c. for other matters preliminary or incidental to or arising out of such appeals.
2A. The Lord Chief Justice may nominate any of the following to exercise his
functions under subsection (2)—
a. the holder of one of the offices listed in Schedule 1 to the Justice (Northern
Ireland) Act 2002;
b. a Lord Justice of Appeal (as defined in section 88 of that Act).
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 277
3. Rules under this section may provide that—
a. a party to any proceedings before the Tribunal on an appeal; and
b. where the Secretary of State is not party to any such proceedings, the
Secretary of State,
has the right to be legally represented in the proceedings, subject to any power
conferred on the Tribunal by such rules.
4. Rules under this section may, in particular—
a. make provision enabling proceedings before the Tribunal to take place
without a party being given full particulars of the reasons for the issue of
the certificate which is the subject of the appeal;
b. make provision enabling the Tribunal to hold proceedings in the absence of
any person, including a party and any legal representative appointed by a
party;
c. make provision about the functions in proceedings before the Tribunal of
persons appointed under subsection (7); and
d. make provision enabling the Tribunal to give a party a summary of any
evidence taken in his absence.
5. Rules under this section may also include provision—
a. enabling any functions of the Tribunal which relate to matters preliminary
or incidental to an appeal to be performed by a single member of the
Tribunal; or
b. conferring on the Tribunal such ancillary powers as the Lord Chancellor
thinks necessary for the purposes of the exercise of its functions.
6. In making rules under this section, the Lord Chancellor shall have regard, in
particular, to—
a. the need to secure that certificates which are the subject of appeals are
properly reviewed; and
b. the need to secure that information is not disclosed contrary to the public
interest.
7. The Attorney General for Northern Ireland may appoint a person to represent
the interests of a party to proceedings before the Tribunal in any proceedings
from which he and any legal representative of his are excluded.
8. A person appointed under subsection (7)—
a. shall be a member of the Bar of Northern Ireland;
b. shall not be responsible to the party whose interests he represents.
9. In this section and section 92 “party”, in relation to proceedings on appeal,
means the appellant or the person proposing to rely on the certificate which is
the subject of the appeal.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 278
92. Appeals from the Tribunal
1. Where the Tribunal has determined an appeal under section 90—
a. any party to the appeal; or
b. where the Secretary of State was not a party to the appeal, the Secretary of
State,
may bring a further appeal to the Court of Appeal in Northern Ireland on any
question of law material to the Tribunal’s determination.
2. An appeal under this section may be brought only with the leave of the Tribunal
or, if such leave is refused, with the leave of the Court of Appeal in Northern
Ireland.
3. The Lord Chancellor may, after consultation with the Lord Chief Justice of
Northern Ireland, make rules regulating, and prescribing the procedure to be
followed on, applications to the Tribunal for leave to appeal under this section.
3A. The Lord Chief Justice may nominate any of the following to exercise his
functions under subsection (3)—
a. the holder of one of the offices listed in Schedule 1 to the Justice (Northern
Ireland) Act 2002;
b. a Lord Justice of Appeal (as defined in section 88 of that Act).
4. Rules under this section may include provision enabling an application for leave
to appeal to be heard by a single member of the Tribunal.
Subheading 5: Miscellaneous
93. Parliament Buildings etc
1. Subject to subsection (2), property in relation to which section 31(4) of the
Northern Ireland Constitution Act 1973 had effect (property held in trust for
Parliament of Northern Ireland etc.) shall on and after the commencement of
this section be applied for the purposes of the Assembly or such other purposes
as the Department of the Environment (“the Department”) may determine.
2. The Secretary of State may require the Department to make available to him in
any premises comprised in the property mentioned in subsection (1) (other than
the Parliament Buildings at Stormont) such accommodation and facilities as he
may specify.
3. The Secretary of State shall in consideration of the use of any such
accommodation and facilities make to the Department such payments out of
money provided by Parliament as he and the Department may agree.
4. In so far as any of the property mentioned in subsection (1) was not immediately
before the commencement of this section vested in the Department it shall vest
in the Department at that commencement; and subsections (1) and (2) shall have
effect notwithstanding anything in any deed or other instrument relating to the
property to which those subsections apply.
94. Land purchase annuities etc
1. Subject to subsection (2), land purchase annuities shall be collected by the
Department of Agriculture and paid into the Consolidated Fund of Northern
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 279
Ireland.
2. A land purchase annuity may be extinguished by, or redeemed with the
agreement of, the Department of Agriculture.
3. The Irish Land Purchase Fund shall be wound up and the money standing to its
credit shall be paid into the Consolidated Fund of the United Kingdom.
4. In this section “land purchase annuities” means annuities for the repayment of
advances made under any enactment relating to land purchase in Northern
Ireland.
Part IX: Supplemental
95. Savings for existing laws
1. Except so far as otherwise provided by or under this Act, nothing in this Act shall
affect the operation in or in relation to Northern Ireland of any law in force on
the appointed day or passed or made before that day, including in particular
Orders in Council made under—
a. section 69 of the Government of Ireland Act 1920;
b. section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972;
c. section 38 or 39 of the Northern Ireland Constitution Act 1973; or
d. Schedule 1 to the Northern Ireland Act 1974.
2. The laws continued by section 61 of the Government of Ireland Act 1920 shall
continue to have effect to the extent provided for by that section (but with any
modification necessary for adapting them to this Act).
3. No law made by the Assembly shall have effect so as to prejudice or diminish the
rights or privileges of any pensioned officer of a local authority under the
provisions of the Local Government (Ireland) Acts 1898 to 1919.
4. No provision of this Act shall—
a. affect the operation before the coming into force of that provision of any
Northern Ireland legislation; or
b. render unlawful anything required or authorised to be done by any Act of
Parliament, whenever passed.
5. Schedule 12 (which provides for the construction of certain references in
existing laws) shall have effect, but subject to any provision made by or under
this Act or by any Act of the Assembly.
95A. [Repealed]
96. Orders and regulations
1. An order under section 17(4), 25, 26, 27, 31(3) or (6), 38(6), 72(2) or 74(5) shall
be made by statutory instrument which shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 280
2. An order under section 4(6), 31(2), 34(4), 35(1), 55, 69C(12), 75(3)(a) or (d) or 80
or Schedule 1—
a. shall be made by statutory instrument; and
b. shall not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
2A. Paragraph (b) of subsection (2) does not apply to an order under section 31(2) if
the order declares that the Secretary of State considers it to be expedient for
the order to be made without the approval mentioned in that paragraph.
2B. An order containing a declaration under subsection (2A)—
a. shall be laid before Parliament after being made; and
b. shall cease to have effect if it is not approved by a resolution of each House
of Parliament before the end of the period of 28 days beginning with the
date on which it is made.
2C. Subsection (2B)(b) does not prejudice the making of a new order.
2D. In calculating the period of 28 days mentioned in subsection (2B)(b), no account
is to be taken of any time during which Parliament is dissolved or prorogued or
during which both Houses are adjourned for more than four days.
3. Regulations under section 87(4) shall be made by statutory instrument which
shall be subject to annulment in pursuance of a resolution of the House of
Commons.
4. An order under section 61(7)—
a. shall be made by statutory instrument; and
b. shall not be made unless a draft has been laid before and approved by
resolution of the House of Commons.
5. Regulations under section 87(5) shall be subject to negative resolution (within
the meaning given by section 41(6) of the Interpretation Act Northern Ireland)
1954).
6. Rules under section 91 or 92—
a. shall be made by statutory instrument; and
b. shall not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
97. Financial provision
Any expenditure of the Secretary of State in consequence of this Act shall be paid
out of money provided by Parliament.
98. Interpretation
1. In this Act—
• “the appointed day” has the meaning given by section 3(1);
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 281
• “the Assembly” has the meaning given by section 4(5);
• “the Belfast Agreement” means the agreement reached at multi-party talks
on Northern Ireland set out in Command Paper 3883;
• “EU law” means—
a. all rights, powers, liabilities, obligations and restrictions created or
arising by or under the EU Treaties; and
b. all remedies and procedures provided for by or under those Treaties;
• “the Convention rights” has the same meaning as in the Human Rights Act
1998;
• “cross-community support” has the meaning given by section 4(5);
• “designated Nationalist” and “designated Unionist” have the meanings
given by section 4(5);
• “document” includes anything in which information is recorded in any form;
• “enactment” includes any provision of this Act and any provision of, or of
any instrument made under, Northern Ireland legislation;
• “excepted matter” has the meaning given by section 4(1);
• “financial year”, unless the context otherwise requires, means a year ending
with 31st March;
• “functions” includes powers and duties, and “confer”, in relation to
functions, includes impose;
• “international obligations” means any international obligations of the
United Kingdom other than obligations to observe and implement EU law
or the Convention rights;
• “Minister”, unless the context otherwise requires, has the meaning given by
section 7(3);
• “Minister of the Crown” includes the Treasury;
• “modify”, in relation to an enactment, includes amend or repeal;
• “Northern Ireland” includes so much of the internal waters and territorial
sea of the United Kingdom as are adjacent to Northern Ireland;
• “Northern Ireland legislation” means—
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 282
a. Acts of the Parliament of Ireland;
b. Acts of the Parliament of Northern Ireland;
c. Orders in Council under section 1(3) of the Northern Ireland
(Temporary Provisions) Act 1972;
d. Measures of the Northern Ireland Assembly established under section
1 of the Northern Ireland Assembly Act 1973;
e. Orders in Council under Schedule 1 to the Northern Ireland Act 1974;
f. Acts of the Assembly; and
g. Orders in Council under section 85;
• “the Northern Ireland zone” means the sea within British fishery limits
which is adjacent to Northern Ireland;
• “the pledge of office” has the meaning given by section 16C(14);
• “political opinion” and “religious belief” shall be construed in accordance
with Article 2(3) and (4) of the Fair Employment and Treatment (Northern
Ireland) Order 1998;
• “proceedings”, in relation to the Assembly, includes proceedings of any
committee;
• “property” includes rights and interests of any description;
• “reserved matter” has the meaning given by section 4(1);
• “the St Andrews Agreement” means the agreement reached on 13 October
2006 at multi-party talks on Northern Ireland held at St Andrews;
• “subordinate legislation” has the same meaning as in the Interpretation Act
1978 and also includes an instrument made under Northern Ireland
legislation;
• “transferred matter” has the meaning given by section 4(1).
2. For the purposes of this Act, a provision of any enactment, Bill or subordinate
legislation deals with the matter, or each of the matters, which it affects
otherwise than incidentally.
3. For the purposes of this Act, a provision of any Act or Bill which modifies a
provision of—
a. the Agricultural Wages (Regulation) (Northern Ireland) Order 1977;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 283
b. the Employment Rights (Northern Ireland) Order 1996; or
c. the Industrial Tribunals (Northern Ireland) Order 1996,
which is amended or applied by or under the National Minimum Wage Act 1998
shall not be treated as dealing with a matter falling within the subject-matter of
that Act if the modification affects the national minimum wage and other
employment matters in the same way.
4. For the purposes of this Act, a provision of an Act of the Assembly or of
subordinate legislation discriminates against any person or class of persons if it
treats that person or that class less favourably in any circumstances than other
persons are treated in those circumstances by the law for the time being in force
in Northern Ireland.
5. For those purposes a person discriminates against another person or a class of
persons if he treats that other person or that class less favourably in any
circumstances than he treats or would treat other persons in those
circumstances.
6. No provision of an Act of the Assembly or of subordinate legislation, and no
making, confirmation or approval of a provision of subordinate legislation, shall
be treated for the purposes of this Act as discriminating if the provision has the
effect of safeguarding national security or protecting public safety or public
order.
7. No other act done by any person shall be treated for the purposes of this Act as
discriminating if—
a. the act is done for the purpose of safeguarding national security or
protecting public safety or public order; and
b. the doing of the act is justified by that purpose.
8. Her Majesty may by Order in Council determine, or make provision for
determining, for such purposes of this Act as may be specified, any boundary
between—
• Head of state powers
• Advisory bodies to the head of state
a. the waters or parts of the sea which are to be treated as adjacent to
Northern Ireland; and
b. those which are not,
and may make different determinations or provisions for different purposes.
9. No recommendation shall be made to Her Majesty to make an Order in Council
under subsection (8) unless a draft of the Order has been laid before and
approved by resolution of each House of Parliament.
99. Minor and consequential amendments
The enactments mentioned in Schedule 13 shall have effect subject to the
amendments there specified, being minor amendments and amendments
consequential on the provisions of this Act.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 284
• Transitional provisions 100. Transitional provisions, savings and repeals
1. The transitional provisions and savings contained in Schedule 14 shall have
effect; but nothing in this subsection shall be taken as prejudicing the operation
of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect
of repeals).
2. The enactments specified in Schedule 15, which include some that are spent, are
hereby repealed to the extent specified in the third column of that Schedule.
101. Short title and commencement
1. This Act may be cited as the Northern Ireland Act 1998.
2. The following provisions shall come into force on the day on which this Act is
passed—
a. sections 3, 55, 86, 93, 96 and 98;
b. paragraph 20 of Schedule 13 and section 99 so far as relating to that
paragraph;
c. in Schedule 15, the repeal of section 31(4) to (6) of the Northern Ireland
Constitution Act 1973 and section 100(2) so far as relating to that repeal;
and
d. this section.
3. The remaining provisions of this Act (except Parts II and III) shall come into force
on such day as the Secretary of State may by order made by statutory
instrument appoint; and different days may be appointed for different purposes.
Schedules
• Secession of territory Schedule 1: Polls for the purposes of section 1
1. The Secretary of State may by order direct the holding of a poll for the purposes
of section 1 on a date specified in the order.
2. Subject to paragraph 3, the Secretary of State shall exercise the power under
paragraph 1 if at any time it appears likely to him that a majority of those voting
would express a wish that Northern Ireland should cease to be part of the
United Kingdom and form part of a united Ireland.
3. The Secretary of State shall not make an order under paragraph 1 earlier than
seven years after the holding of a previous poll under this Schedule.
4.
1. An order under this Schedule directing the holding of a poll shall specify—
a. the persons entitled to vote; and
b. the question or questions to be asked.
2. An order—
a. may include any other provision about the poll which the Secretary of State
thinks expedient (including the creation of criminal offences); and
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 285
b. may apply (with or without modification) any provision of, or made under,
any enactment.
• First chamber reserved policy areas Schedule 2: Excepted Matters
• Second chamber reserved policy areas
1. The Crown, including the succession to the Crown and a regency, but not—
a. functions of the First Minister and deputy First Minister, the Northern
Ireland Ministers or the Northern Ireland departments, or functions in
relation to Northern Ireland of any Minister of the Crown;
b. property belonging to Her Majesty in right of the Crown or belonging to a
government department or held in trust for Her Majesty for the purposes
of a government department (other than property used for the purposes of
the armed forces of the Crown or the Ministry of Defence Police);
c. the foreshore or the sea bed or subsoil or their natural resources so far as
vested in Her Majesty in right of the Crown.
2. The Parliament of the United Kingdom; parliamentary elections, including the
franchise; disqualifications for membership of that Parliament.
3. International relations, including relations with territories outside the United
Kingdom, the European Union (and its institutions) and other international
organisations and extradition, and international development assistance and
co-operation, but nota. [Repealed]
aa. co-operation between the Police Service of Northern Ireland and the Garda
Síochána with respect to any of the following matters—
i. transfers, secondments, exchanges or training of officers;
ii. communications (including liaison and information technology);
iii. joint investigations;
iv. disaster planning;
b. the exercise of legislative powers so far as required for giving effect to any
agreement or arrangement entered into—
i. 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; or
ii. by, or in relation to the activities of, any body established for
implementing, on the basis mentioned in paragraph 11 of Strand Two
of the Belfast Agreement, policies agreed in the North-South
Ministerial Council;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 286
c. observing and implementing international obligations, obligations under
the Human Rights Convention and obligations under EU law.
• International law
• International organizations
• International human rights treaties
In this paragraph “the Human Rights Convention” means the following as they
have effect for the time being in relation to the United Kingdom—
a. the Convention for the Protection of Human Rights and Fundamental
Freedoms, agreed by the Council of Europe at Rome on 4th November
1950; and
b. any Protocols to that Convention which have been ratified by the United
Kingdom.
4. The defence of the realm; trading with the enemy; the armed forces of the
Crown but not any matter within paragraph 10 of Schedule 3; war pensions; the
Ministry of Defence Police.
5. Control of nuclear, biological and chemical weapons and other weapons of mass
destruction.
6. Dignities and titles of honour.
7. Treason but not powers of arrest or criminal procedure.
8. Nationality; immigration, including asylum and the status and capacity of
persons in the United Kingdom who are not British citizens; free movement of
persons within the European Economic Area; issue of travel documents.
• Tax bills 9. The following matters—
a. taxes or duties under any law applying to the United Kingdom as a whole;
b. stamp duty levied in Northern Ireland before the appointed day; and
c. taxes or duties substantially of the same character as those mentioned in
sub-paragraph (a) or (b).
9A. Child Trust Funds.
9B. [Omitted]
9C. The operation of the Small Charitable Donations Act 2012.
10. The following matters—
a. national insurance contributions;
b. the control and management of the Northern Ireland National Insurance
Fund and payments into and out of that Fund;
c. reductions in and deductions from national insurance contributions;
d. national insurance rebates;
e. payments out of public money to money purchase pension schemes;
f. contributions equivalent premiums;
g. rights to return to the state pension scheme.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 287
Sub-paragraph (a) includes the determination, payment, collection and return of
national insurance contributions and matters incidental to those matters.
Sub-paragraph (b) does not include payments out of the Northern Ireland
National Insurance Fund which relate to—
i. the benefits mentioned in section 143(1) of the Social Security
Administration (Northern Ireland) Act 1992, or benefits substantially of the
same character as those benefits; or
ii. administrative expenses incurred in connection with matters not falling
within sub-paragraphs (a) to (g).
Sub-paragraphs (b) and (e) do not include payments out of or into the Northern
Ireland National Insurance Fund under—
i. section 172(1)(b), (2)(a) or (7)(c) of the Pension Schemes (Northern Ireland)
Act 1993; or
ii. Article 202, 227, 234 or 252 of the Employment Rights (Northern Ireland)
Order 1996.
In this paragraph “contributions equivalent premium” has the meaning given by
section 51(2) of the Pension Schemes (Northern Ireland) Act 1993.
10A. Tax credits under Part 1 of the Tax Credits Act 2002.
10B. Health in pregnancy grant, Child benefit and guardian's allowance.
11. The appointment and removal of judges of the Court of Judicature of Northern
Ireland, holders of offices listed in column 1 of Schedule 3 to the Judicature
(Northern Ireland) Act 1978, county court judges, recorders, resident
magistrates, lay magistrates, justices of the peace, members of juvenile court
panels, coroners, the Chief and other Social Security Commissioners for
Northern Ireland, the Chief and other Child Support Commissioners for
Northern Ireland and the President and other members of the Lands Tribunal
for Northern Ireland.
11A. The Supreme Court, but not rights of appeal to the Supreme Court or legal aid
for appeals to the Supreme Court.
12.
1. Elections, including the franchise, in respect of the Northern Ireland
Assembly, the European Parliament and district councils.
2. This paragraph does not apply to—
a. the division of local government districts into areas (“district electoral
areas”) for the purposes of elections to the councils of those districts,
b. the determination of the names of district electoral areas, or
c. the determination of the number of councillors to be elected for a
district electoral area or a local government district.
13. The subject-matter of the Political Parties, Elections and Referendums Act 2000
with the exception of Part IX (political donations etc. by companies).
This paragraph does not include the funding of political parties for the purpose
of assisting members of the Northern Ireland Assembly connected with such
parties to perform their Assembly duties.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 288
14. Coinage, legal tender and bank notes.
15. The National Savings Bank.
16. The subject-matter of the Protection of Trading Interests Act 1980.
17. National security (including the Security Service, the Secret Intelligence Service
and the Government Communications Headquarters); special powers and other
provisions for dealing with terrorism or subversion; the subject-matter of—
a. the Official Secrets Acts 1911 and 1920;
b. Chapter I of Part I of the Regulation of Investigatory Powers Act 2000,
except so far as relating to the prevention or detection of serious crime
(within the meaning of that Act); and
c. the Official Secrets Act 1989, except so far as relating to any information,
document or other article protected against disclosure by section 4(2)
(crime) and not by any other provision of sections 1 to 4.
18. Nuclear energy and nuclear installations, including nuclear safety, security and
safeguards, and liability for nuclear occurrences, but not the subject-matter of—
a. section 3(5) to (7) of the Environmental Protection Act 1990 (emission
limits); or
b. the Radioactive Substances Act 1993.
19. Regulation of sea fishing outside the Northern Ireland zone (except in relation
to Northern Ireland fishing boats).
In this paragraph “Northern Ireland fishing boat” means a fishing vessel which is
registered in the register maintained under section 8 of the Merchant Shipping
Act 1995 and whose entry in the register specifies a port in Northern Ireland as
the port to which the vessel is to be treated as belonging.
20. Regulation of activities in outer space.
20A. Regulation of activities in Antarctica (which for these purposes has the
meaning given by section 1 of the Antarctic Act 1994).
21. Any matter with which a provision of the Northern Ireland Constitution Act
1973, other than section 36(1)(c), solely or mainly deals.
22. Any matter with which a provision of this Act falling within the following
sub-paragraphs solely or mainly deals—
a. Parts I and II;
b. Part III except sections 19, 20, 22, 23(2) to (4) F16, 28, 28A, 28B, 28D and
28E;
c. Part IV except sections 40, 43, 44(8) and 50 and Schedule 5;
d. in Part V, sections [F1752A to 52C]F17 and 54;
e. Part VI except sections 57(1) and 67;
f. in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and
78;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 289
g. in Part VIII, sections 79 to 83 and Schedule 10.
This paragraph does not apply to—
i. any matter in respect of which it is stated by this Act that provision may be
made by Act of the Assembly;
ii. any matter to which a description specified in this Schedule or Schedule 3 is
stated not to apply; or
iii. any matter falling within a description specified in Schedule 3.
• First chamber reserved policy areas Schedule 3: Reserved Matters
• Second chamber reserved policy areas
1. The conferral of functions in relation to Northern Ireland on any Minister of the
Crown.
2. Property belonging to Her Majesty in right of the Crown or belonging to a
department of the Government of the United Kingdom or held in trust for Her
Majesty for the purposes of such a department (other than property used for the
purposes of the armed forces of the Crown or the Ministry of Defence Police).
3. Navigation, including merchant shipping, but not harbours or inland waters.
4. Civil aviation but not aerodromes.
5. The foreshore and the sea bed and subsoil and their natural resources (except so
far as affecting harbours); submarine pipe-lines; submarine cables, including any
land line used solely for the purpose of connecting one submarine cable with
another.
6. Domicile.
7. The subject-matter of the Postal Services Act 2000.
This paragraph does not include financial assistance for the provision of services
(other than postal services and services relating to postal or money orders) to be
provided from public post offices.
In this paragraph “postal services” and “public post offices” have the same
meanings as in the Postal Services Act 2000.
7A. The alteration of the number of members of the Assembly returned for each
constituency.
This paragraph does not include—
a. the alteration of that number to a number lower than five or higher than
six, or
b. the provision of different numbers for different constituencies.
8. Disqualification for membership of the Assembly; privileges, powers and
immunities of the Assembly, its members and committees greater than those
conferred by section 50.
9.
1. The following matters—
a. the subject-matter of the following provisions of the Regulation of
Investigatory Powers Act 2000(2)—
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 290
i. Chapter 1 of Part 1, so far as relating to the prevention or
detection of serious crime (within the meaning of that Act), and
ii. so far as relating to the prevention or detection of crime (within
the meaning of that Act) or the prevention of disorder—
aa. Chapter 2 of Part 1, and
bb. Parts 2 and 3;
b. in relation to the prevention or detection of crime, the subject-matter
of Part 3 of the Police Act 1997(3);
c. the operation of—
i. sections 21 to 40 of, and Schedules 3 and 4 to, the Justice and
Security (Northern Ireland) Act 2007(4), and
ii. section 102 of, and Schedule 12 to, the Terrorism Act 2000(5);
d. in relation to terrorism, the exercise of the Royal prerogative of mercy;
e. the operation of sections 1 to 8 of, and Schedule 1 to, the Justice and
Security (Northern Ireland) Act 2007 and the operation of Part 1 of the
Criminal Procedure and Investigations Act 1996(6) where a certificate
under section 1 of the 2007 Act has been issued;
f. in relation to the regulation of drugs or other substances through the
criminal law (including offences, exceptions to offences, penalties,
powers of arrest and detention, prosecutions and the treatment of
offenders) or otherwise in relation to the prevention or detection of
crime—
i. the subject-matter of the Misuse of Drugs Act 1971(7);
ii. the subject-matter of sections 12 and 13 of the Criminal Justice
(International Co-operation) Act 1990(8);
g. the National Crime Agency;
h. in relation to prisons, the accommodation of persons in separated
conditions on the grounds of security, safety or good order.
2. In sub-paragraph (1)(h) “prisons” includes any institution for the detention
of persons because of their involvement, or suspected involvement, in
crime.
3. This paragraph does not include any excepted matters or any matter within
paragraph 10 of this Schedule.
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 291
9A. [Omitted]
10.
1. The subject-matter of the Public Processions (Northern Ireland) Act
1998(1).
2. In relation to the maintenance of public order, the armed forces of the
Crown (including the conferring of powers, authorities, privileges or
immunities on members of the armed forces for the purposes of the
maintenance of public order).
3. This paragraph does not include any matter within paragraph 17 of
Schedule 2.
11. The operation of the temporary provisions, as defined in section 47 of the Police
(Northern Ireland) Act 2000(1).
11A. [Omitted]
12.
1. Items for the time being specified in Article 45(1) or (2) of the Firearms
(Northern Ireland) Order 2004(1); and the subject-matter of Article 45(10)
of that Order.
2. The security of explosives, including—
a. the prevention of loss or theft of explosives,
b. the prevention of the use of explosives for wrongful purposes, and
c. the detection, identification and traceability of explosives.
This sub-paragraph does not include the security of fireworks, or the
licensing of shotfirers, or the subject-matter of section 2 of the Explosives
Act (Northern Ireland) 1970(2).
13. Civil defence.
14. The subject-matter of Part 2 of the Civil Contingencies Act 2004.
14A. [Omitted]
15. [Omitted]
15A. [Omitted]
16. The Civil Service Commissioners for Northern Ireland.
17. [Omitted]
18. The subject-matter of sections 149 to 151 of and Schedules 5 and 5A to the
Social Security Administration (Northern Ireland) Act 1992 (Social Security
Advisory Committee and Industrial Injuries Advisory Council).
19. The subject-matter of the Vaccine Damage Payment Scheme.
20. Import and export controls and trade with any place outside the United
Kingdom but not—
a. the furtherance of the trade of Northern Ireland or the protection of
traders in Northern Ireland against fraud;
constituteproject.org PDF generated: 04 Feb 2020, 23:53
United Kingdom 1215 (rev. 2013) Page 292
b. services in connection with, or the regulation of, the quality, insurance,
transport, marketing or identification of agricultural or food products,
including livestock;
c. the prevention of disease or the control of weeds and pests;
d. aerodromes and harbours;
e. any matter within paragraph 4 of Schedule 2.
21. The subject-matter of the National Minimum Wage Act 1998.
22. The subject-matter of the following provisions of the Pension Schemes Act
1993—
a. section 6(1), (2)(a)(i), (iii) and (iv) and (b), (3), (4) and (8) (registration of
occupational and personal pension schemes);
b. section 145 (Pensions Ombudsman).
23. The following matters—
a. financial services, including investment business, banking and
deposit-taking, collective investment schemes and insurance;
b. financial markets, including listing and public offers of securities and
investments, transfer of securities and insider dealing.
This paragraph does not include the subject-matter of—
a. the Industrial and Provident Societies Act Northern Ireland) 1969;
b. the Credit Unions (Northern Ireland) Order 1985;
c. the Companies (Northern Ireland) Order 1986;
d. the Insolvency (Northern Ireland) Order 1989;
e. the Companies (Northern Ireland) Order 1990;
f. the Companies (No.2) (Northern Ireland) Order 1990;
g. the Open-Ended Investment Companies (Investment Companies with
Variable Capital) Regulations (Northern Ireland) 1997.
24. The subject-matter of—
a. the Building Societies Act 1986;
b. the Friendly Societies Act 1992.
25. The subject-matter of the Money Laundering Regulations 2007, but in relation
to any type of business.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 293
25A. The subject-matter of the Transfer of Funds (Information on the Payer)
Regulations 2007, but in relation to any type of business.
26. Regulation of anti-competitive practices and agreements; abuse of dominant
position; monopolies and mergers.
27. Intellectual property but not the subject-matter of Parts I and II of the Plant
Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).
• Provisions for intellectual property
28. Units of measurement and United Kingdom primary standards.
29. Telecommunications; wireless telegraphy; the provision of programme services
(within the meaning of the Broadcasting Act 1990); internet services; electronic
encryption; the subject matter of Part II of the Wireless Telegraphy Act 1949
(electromagnetic disturbance).
30. The National Lottery (except in so far as any matter within Schedule 2 is
concerned).
31. Xenotransplantation.
32. Surrogacy arrangements, within the meaning of the Surrogacy Arrangements
Act 1985, including the subject-matter of that Act.
33. The subject-matter of the Human Fertilisation and Embryology Act 1990.
34. Human genetics.
35. Research Councils within the meaning of the Science and Technology Act 1965.
35A. The Arts and Humanities Research Council (as defined by section 1 of the
Higher Education Act 2004).
36. Areas in which industry may qualify for assistance under Part III of the Industrial
Development Act 1982.
37. Consumer safety in relation to goods.
38. Technical standards and requirements in relation to products in pursuance of an
obligation under EU law but not standards and requirements in relation to food,
agricultural or horticultural produce, fish or fish products, seeds, animal feeding
stuffs, fertilisers or pesticides.
39. The subject-matter of section 3(5) to (7) of the Environmental Protection Act
1990 (emission limits); the environmental protection technology scheme for
research and development in the United Kingdom.
40. The subject-matter of—
a. the Data Protection Act 1984;
b. the Data Protection Act 1998; and
c. Council Directive 95/46/EC (protection of individuals with regard to the
processing of personal data and free movement of such data).
41. Oaths and declarations (including all undertakings and affirmations, by
whatever name) other than those within section 77(3).
41A.
1. The division of local government districts into areas (“district electoral
areas”) for the purposes of elections to the councils of those districts.
2. The determination of the names of district electoral areas.
3. The determination of the number of councillors to be elected for a district
electoral area or a local government district.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 294
42. Any matter with which a provision of this Act falling within the following
sub-paragraphs solely or mainly deals—
a. in Part III, sections 19, 20, 28, 28A and 28B;
aa. in Part VII, sections 68 to 69A, 69C to 70, 71(2A) to (2C) and Schedule 7;
b. in Part VII, sections 73, 74(3) and (4), 75 and 77(1), (2) and (4) to (8) and
Schedules 8 and 9;
c. in Part VIII, sections 90 to 93 and Schedule 11.
This paragraph does not apply to—
i. any matter in respect of which it is stated by this Act that provision may be
made by Act of the Assembly; or
ii. any matter to which a description specified in this Schedule or Schedule 2 is
stated not to apply.
Schedules 4-9
[Schedules 4-9 Omitted due to lenghth - full text of schedules can be found online at
http://www.legislation.gov.uk/ukpga/1998/47/schedules]
• Federal review of subnational legislation Schedule 10: Devolution Issues
Part 1: Preliminary
1. In this Schedule “devolution issue” means—
a. a question whether any provision of an Act of the Assembly is within the
legislative competence of the Assembly;
b. a question whether a purported or proposed exercise of a function by a
Minister or Northern Ireland department is, or would be, invalid by reason
of section 24;
c. a question whether a Minister or Northern Ireland department has failed to
comply with any of the Convention rights, any obligation under EU law or
any order under section 27 so far as relating to such an obligation; or
d. any question arising under this Act about excepted or reserved matters.
2. A devolution issue shall not be taken to arise in any proceedings merely because
of any contention of a party to the proceedings which appears to the court or
tribunal before which the proceedings take place to be frivolous or vexatious.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 295
Part 2: Proceedings in Northern Ireland
Subheading 1: Application of Part II
3. This Part of this Schedule applies in relation to devolution issues in proceedings
in Northern Ireland.
Subheading 2: Institution of proceedings
4.
1. Proceedings for the determination of a devolution issue may be instituted
or defended by the Attorney General or the Attorney General for Northern
Ireland.
2. The First Minister and the deputy First Minister acting jointly may defend
any such proceedings.
3. This paragraph is without prejudice to any power to institute or defend
proceedings exercisable apart from this paragraph by any person.
Subheading 3: Notice of devolution issue
5. A court or tribunal shall order notice of any devolution issue which arises in any
proceedings before it to be given to the Attorney General, the Attorney General
for Northern Ireland, the First Minister and the deputy First Minister (unless the
person to whom the notice would be given is a party to the proceedings).
6. A person to whom notice is given in pursuance of paragraph 5 or, where such
notice is given to the First Minister and the deputy First Minister, those
Ministers acting jointly may take part as a party in the proceedings, so far as
they relate to a devolution issue.
Subheading 4: Reference of devolution issue to Court of
Appeal
7. A court, other than the Supreme Court or the Court of Appeal in Northern
Ireland, may refer any devolution issue which arises in any proceedings before it
to the Court of Appeal in Northern Ireland.
8. A tribunal from which there is no appeal shall refer any devolution issue which
arises in any proceedings before it to the Court of Appeal in Northern Ireland;
and any other tribunal may make such a reference.
Subheading 5: References from Court of Appeal to
Supreme Court
9. The Court of Appeal in Northern Ireland may refer any devolution issue which
arises in proceedings before it (otherwise than on a reference under paragraph 7
or 8) to the Supreme Court.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 296
Subheading 6: Appeals from Court of Appeal to Supreme
Court
10. An appeal against a determination of a devolution issue by the Court of Appeal
in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the
Supreme Court, but only with permission of the Court of Appeal in Northern
Ireland or, failing such permission, with permission of the Supreme Court.
Part 3: Proceedings in England and Wales
Subheading 1: Application of Part III
11. This Part of this Schedule applies in relation to devolution issues in proceedings
in England and Wales.
Subheading 2: Institution of proceedings
12.
1. Proceedings for the determination of a devolution issue may be instituted
or defended by the Attorney General.
2. The Attorney General for Northern Ireland or the First Minister and the
deputy First Minister acting jointly may defend any such proceedings.
3. This paragraph is without prejudice to any power to institute or defend
proceedings exercisable apart from this paragraph by any person.
Subheading 3: Notice of devolution issue
13. A court or tribunal shall order notice of any devolution issue which arises in any
proceedings before it to be given to the Attorney General, the Attorney General
for Northern Ireland, the First Minister and the deputy First Minister (unless the
person to whom the notice would be given is a party to the proceedings).
14. A person to whom notice is given in pursuance of paragraph 13 or, where such
notice is given to the First Minister and the deputy First Minister, those
Ministers acting jointly may take part as a party in the proceedings, so far as
they relate to a devolution issue.
Subheading 4: Reference of devolution issue to High Court
or Court of Appeal
15. A magistrates’ court may refer any devolution issue which arises in proceedings
(other than criminal proceedings) before it to the High Court.
16.
1. A court may refer any devolution issue which arises in proceedings (other
than criminal proceedings) before it to the Court of Appeal.
2. Sub-paragraph (1) does not apply to—
a. a magistrates’ court, the Court of Appeal or the Supreme Court; or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 297
b. the High Court if the devolution issue arises in proceedings on a
reference under paragraph 15.
17. A tribunal from which there is no appeal shall refer any devolution issue which
arises in proceedings before it to the Court of Appeal; and any other tribunal
may make such a reference.
18. A court, other than the Supreme Court or the Court of Appeal, may refer any
devolution issue which arises in criminal proceedings before it to—
a. the High Court (if the proceedings are summary proceedings); or
b. the Court of Appeal (if the proceedings are proceedings on indictment).
Subheading 5: References from Court of Appeal to
Supreme Court
19. The Court of Appeal may refer any devolution issue which arises in proceedings
before it (otherwise than on a reference under paragraph 16, 17 or 18) to the
Supreme Court.
Subheading 6: Appeals from superior courts to Supreme
Court
20. An appeal against a determination of a devolution issue by the High Court or the
Court of Appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the
Supreme Court, but only with permission of the High Court or the Court of
Appeal or, failing such permission, with permission of the Supreme Court.
Part 4: Proceedings in Scotland
Subheading 1: Application of Part IV
21. This Part of this Schedule applies in relation to devolution issues in proceedings
in Scotland.
Subheading 2: Institution of proceedings
22. 1. Proceedings for the determination of a devolution issue may be instituted or
defended by the Advocate General for Scotland.
2. The Attorney General for Northern Ireland or the First Minister and the deputy
First Minister acting jointly may defend any such proceedings.
3. This paragraph is without prejudice to any power to institute or defend
proceedings exercisable apart from this paragraph by any person.
Subheading 3: Intimation of devolution issue
23. Intimation of any devolution issue which arises in any proceedings before a
court or tribunal shall be given to the Advocate General for Scotland, the
Attorney General for Northern Ireland, the First Minister and the deputy First
Minister (unless the person to whom the intimation would be given is a party to
the proceedings).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 298
24. A person to whom intimation is given in pursuance of paragraph 23 or, where
such intimation is given to the First Minister and the deputy First Minister, those
Ministers acting jointly may take part as a party in the proceedings, so far as
they relate to a devolution issue.
Subheading 4: Reference of devolution issue to higher
court
25. A court, other than the Supreme Court or any court consisting of three or more
judges of the Court of Session, may refer any devolution issue which arises in
proceedings (other than criminal proceedings) before it to the Inner House of
the Court of Session.
26. A tribunal from which there is no appeal shall refer any devolution issue which
arises in proceedings before it to the Inner House of the Court of Session; and
any other tribunal may make such a reference.
27. A court, other than any court consisting of two or more judges of the High Court
of Justiciary, may refer any devolution issue which arises in criminal proceedings
before it to the High Court of Justiciary.
Subheading 5: References from superior courts to Supreme
Court
28. Any court consisting of three or more judges of the Court of Session may refer
any devolution issue which arises in proceedings before it (otherwise than on a
reference under paragraph 25 or 26) to the Supreme Court.
29. Any court consisting of two or more judges of the High Court of Justiciary may
refer any devolution issue which arises in proceedings before it (otherwise than
on a reference under paragraph 27) to the Supreme Court.
Subheading 6: Appeals from superior courts to Supreme
Court
30. An appeal against a determination of a devolution issue by the Inner House of
the Court of Session on a reference under paragraph 25 or 26 shall lie to the
Supreme Court.
31. An appeal against a determination of a devolution issue by—
a. a court of two or more judges of the High Court of Justiciary (whether in
the ordinary course of proceedings or on a reference under paragraph 27);
or
b. a court of three or more judges of the Court of Session from which there is
no appeal to the Supreme Court apart from this paragraph,
shall lie to the Supreme Court, but only with permission of the court concerned
or, failing such permission, with permission of the Supreme Court.
Part 5: General
Subheading 1
[Repealed]
32. [Repealed]
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 299
Subheading 2: Direct references to Supreme Court
33. The Attorney General, the Attorney General for Northern Ireland, the First
Minister and the deputy First Minister acting jointly or the Advocate General for
Scotland may require any court or tribunal to refer to the Supreme Court any
devolution issue which has arisen in proceedings before it to which he is or they
are a party.
34. The Attorney General, the Attorney General for Northern Ireland, the First
Minister and the deputy First Minister acting jointly or the Advocate General for
Scotland may refer to the Supreme Court any devolution issue which is not the
subject of proceedings.
35.
1. This paragraph applies where a reference is made under paragraph 34 in
relation to a devolution issue which relates to the proposed exercise of a
function by a Northern Ireland Minister or department.
2. The person making the reference shall notify the Northern Ireland Minister
or department of that fact.
3. No Northern Ireland Minister or department shall exercise the function in
the manner proposed during the period beginning with the receipt of the
notification under sub-paragraph (2) and ending with the reference being
decided or otherwise disposed of.
4. Proceedings relating to any possible failure by a Northern Ireland Minister
or department to comply with sub-paragraph (3) may be instituted by the
Attorney General for Northern Ireland.
5. Sub-paragraph (4) is without prejudice to any power to institute
proceedings exercisable apart from that sub-paragraph by any person.
Subheading 3: Delegation by First Ministers
36. The First Minister and the deputy First Minister acting jointly may determine
that a Minister or Northern Ireland department specified in the determination
may exercise on their behalf, in relation to any proceedings under this Schedule
so specified, any power conferred on them by this Schedule.
Subheading 4: Expenses
37.
1. A court or tribunal before which any proceedings take place may take
account of any additional expense of the kind mentioned in sub-paragraph
(3) in deciding any question as to costs or expenses.
2. In deciding any such question, the court or tribunal may award the whole or
part of the additional expense as costs or expenses to the party who
incurred it (whatever the decision on the devolution issue).
3. The additional expense is any additional expense which the court or
tribunal considers that any party to the proceedings has incurred as a result
of the participation of any person in pursuance of paragraph 6, 14 or 24.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 300
Subheading 5: Procedure of courts and tribunals
38. Any power to make provision for regulating the procedure before any court or
tribunal shall include power to make provision for the purposes of this Schedule
including, in particular, provision—
a. for prescribing the stage in the proceedings at which a devolution issue is to
be raised or referred;
b. for the staying or sisting of proceedings for the purpose of any proceedings
under this Schedule; and
c. for determining the manner in which and the time within which any notice
or intimation is to be given.
Subheading 6: Bail and legal aid in criminal proceedings
39.
1. Sub-paragraph (3) applies where a devolution issue arises in proceedings
against a person (“the defendant”) for an offence and the issue is referred to
the Court of Appeal in Northern Ireland under paragraph 7.
2. Sub-paragraphs (3) and (4) apply where such an issue arises in such
proceedings and—
a. the issue is referred by the Court of Appeal to the Supreme Court
under paragraph 9 or 33; or
b. the issue is determined by the Court of Appeal under paragraph 7
and—
i. an appeal to the Supreme Court against the determination is
brought under paragraph 10; or
ii. an application for leave to bring such an appeal is made to the
Court of Appeal under that paragraph.
3. The Court of Appeal may, if it thinks fit, on the application of the defendant,
admit him to bail pending the determination of the reference, appeal or
application.
4. The Court of Appeal may at any time when it appears to the Court of
Appeal—
a. that it is desirable in the interests of justice that the defendant should
have legal aid; and
b. that he has not sufficient means to obtain that aid,
assign to him a solicitor and counsel, or counsel only, in the reference,
appeal or application.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 301
5. If, on a question of granting a person free legal aid under sub-paragraph (4),
there is a doubt—
a. whether it is desirable in the interests of justice that he should have
legal aid; or
b. whether he has sufficient means to obtain that aid,
the doubt shall be resolved in favour of granting him free legal aid.
6. The fees of any counsel, and the expenses and fees of any solicitor, assigned
to a person under sub-paragraph (4) shall be defrayed, up to an amount
allowed by the Master (Taxing Office), by the Lord Chancellor.
40. Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph
39 and—
a. the issue is referred to the Supreme Court under paragraph 9 or 33; or
b. the issue is determined by the Court of Appeal in Northern Ireland under
paragraph 7 and—
i. an appeal to the Supreme Court against the determination is brought
under paragraph 10; or
ii. an application for special leave to bring such an appeal is made to the
Supreme Court under that paragraph,
sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the
Court of Appeal were references to the Supreme Court.
Subheading 7: Interpretation
41. Any duty or power conferred by this Schedule to refer a devolution issue to a
court shall be construed as a duty or power to refer the issue to the court for
decision.
Schedules 11-15: [Schedules 11-15 Omitted due to lenghth
- full text of schedules can be found online at
http://www.legislation.gov.uk/ukpga/1998/47/schedules]
• Subsidiary unit government Scotland Act 1998
• Preamble Preamble
An Act to provide for the establishment of a Scottish Parliament and Administration
and other changes in the government of Scotland; to provide for changes in the
constitution and functions of certain public authorities; to provide for the variation
of the basic rate of income tax in relation to income of Scottish taxpayers in
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 302
accordance with a resolution of the Scottish Parliament; to amend the law about
parliamentary constituencies in Scotland; and for connected purposes.
• Motives for writing constitution
[19th November 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
• Source of constitutional authority
Part I: The Scottish Parliament
Subheading 1: The Scottish Parliament
1. The Scottish Parliament
1. There shall be a Scottish Parliament.
2. One member of the Parliament shall be returned for each constituency (under
the simple majority system) at an election held in the constituency.
3. Members of the Parliament for each region shall be returned at a general
election under the additional member system of proportional representation
provided for in this Part and vacancies among such members shall be filled in
accordance with this Part.
4. The validity of any proceedings of the Parliament is not affected by any vacancy
in its membership.
5. Schedule 1 (which makes provision for the constituencies and regions for the
purposes of this Act and the number of regional members) shall have effect.
Subheading 2: General elections
2. Ordinary general elections
1. The day on which the poll at the first ordinary general election for membership
of the Parliament shall be held, and the day, time and place for the meeting of
the Parliament following that poll, shall be appointed by order made by the
Secretary of State.
2. The poll at subsequent ordinary general elections shall be held on the first
Thursday in May in the fourth calendar year following that in which the previous
ordinary general election was held, unless the day of the poll is determined by a
proclamation under subsection (5).
3. If the poll is to be held on the first Thursday in May, the Parliament—
a. is dissolved by virtue of this section at the beginning of the minimum period
which ends with that day, and
b. shall meet within the period of seven days beginning immediately after the
day of the poll.
4. In subsection (3), “the minimum period” means the period determined in
accordance with an order under section 12(1).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 303
5. If the Presiding Officer proposes a day for the holding of the poll which is not
more than one month earlier, nor more than one month later, than the first
Thursday in May, Her Majesty may by proclamation under the Scottish Seal—
• Head of state powers
a. dissolve the Parliament,
b. require the poll at the election to be held on the day proposed, and
c. require the Parliament to meet within the period of seven days beginning
immediately after the day of the poll.
6. In this Act “the Scottish Seal” means Her Majesty’s Seal appointed by the Treaty
of Union to be kept and used in Scotland in place of the Great Seal of Scotland.
3. Extraordinary general elections
1. The Presiding Officer shall propose a day for the holding of a poll if—
a. the Parliament resolves that it should be dissolved and, if the resolution is
passed on a division, the number of members voting in favour of it is not
less than two-thirds of the total number of seats for members of the
Parliament, or
b. any period during which the Parliament is required under section 46 to
nominate one of its members for appointment as First Minister ends
without such a nomination being made.
2. If the Presiding Officer makes such a proposal, Her Majesty may by
proclamation under the Scottish Seal—
• Head of state powers
a. dissolve the Parliament and require an extraordinary general election to be
held,
b. require the poll at the election to be held on the day proposed, and
c. require the Parliament to meet within the period of seven days beginning
immediately after the day of the poll.
3. If a poll is held under this section within the period of six months ending with the
day on which the poll at the next ordinary general election would be held
(disregarding section 2(5)), that ordinary general election shall not be held.
4. Subsection (3) does not affect the year in which the subsequent ordinary general
election is to be held.
4. Calculating time for meeting of the Parliament
In calculating any period of days for the purposes of section 2(3)(b) or (5)(c) or
section 3(2)(c), Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a
bank holiday in Scotland or a day appointed for public thanksgiving or mourning shall
be disregarded.
5. Candidates
1. At a general election, the candidates may stand for return as constituency
members or regional members.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 304
2. A person may not be a candidate to be a constituency member for more than
one constituency.
3. The candidates to be regional members shall be those included in a list
submitted under subsection (4) or individual candidates.
4. Any registered political party may submit to the regional returning officer a list
of candidates to be regional members for a particular region (referred to in this
Act, in relation to the region, as the party’s “regional list”).
5. A registered political party’s regional list has effect in relation to the general
election and any vacancy occurring among the regional members after that
election and before the next general election.
6. Not more than twelve persons may be included in the list (but the list may
include only one person).
7. A registered political party’s regional list must not include a person—
a. who is included in any other list submitted under subsection (4) for the
region or any list submitted under that subsection for another region,
b. who is an individual candidate to be a regional member for the region or
another region,
c. who is a candidate to be a constituency member for a constituency not
included in the region, or
d. who is a candidate to be a constituency member for a constituency included
in the region but is not a candidate of that party.
8. A person may not be an individual candidate to be a regional member for a
particular region if he is—
a. included in a list submitted under subsection (4) for the region or another
region,
b. an individual candidate to be a regional member for another region,
c. a candidate to be a constituency member for a constituency not included in
the region, or
d. a candidate of any registered political party to be a constituency member
for a constituency included in the region.
9. In this Act, “registered political party” means a party registered under Part II of
the Political Parties, Elections and Referendums Act 2000.
6. Poll for regional members
1. This section and sections 7 and 8 are about the return of regional members at a
general election.
2. In each of the constituencies for the Parliament, a poll shall be held at which
each person entitled to vote as elector may give a vote (referred to in this Act as
a “regional vote”) for—
a. a registered political party which has submitted a regional list, or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 305
b. an individual candidate to be a regional member for the region.
3. The right conferred on a person by subsection (2) is in addition to any right the
person may have to vote in any poll for the return of a constituency member.
7. Calculation of regional figures
1. The persons who are to be returned as constituency members for constituencies
included in the region must be determined before the persons who are to be
returned as the regional members for the region.
2. For each registered political party which has submitted a regional list, the
regional figure for the purposes of section 8 is—
a. the total number of regional votes given for the party in all the
constituencies included in the region,divided by
b. the aggregate of one plus the number of candidates of the party returned as
constituency members for any of those constituencies.
3. Each time a seat is allocated to the party under section 8, that figure shall be
recalculated by increasing (or further increasing) the aggregate in subsection
(2)(b) by one.
4. For each individual candidate to be a regional member for the region, the
regional figure for the purposes of section 8 is the total number of regional votes
given for him in all the constituencies included in the region.
8. Allocation of seats to regional members
1. The first regional member seat shall be allocated to the registered political party
or individual candidate with the highest regional figure.
2. The second and subsequent regional member seats shall be allocated to the
registered political party or individual candidate with the highest regional figure,
after any recalculation required by section 7(3) has been carried out.
3. An individual candidate already returned as a constituency or regional member
shall be disregarded.
4. Seats for the region which are allocated to a registered political party shall be
filled by the persons in the party’s regional list in the order in which they appear
in the list.
5. For the purposes of this section and section 10, a person in a registered political
party’s regional list who is returned as a member of the Parliament shall be
treated as ceasing to be in the list (even if his return is void).
6. Once a party’s regional list has been exhausted (by the return of persons
included in it as constituency members or by the previous application of
subsection (1) or (2)) the party shall be disregarded.
7. If (on the application of subsection (1) or any application of subsection (2)) the
highest regional figure is the regional figure of two or more parties or individual
candidates,
a. the subsection in question shall apply to each of them; or
b. if paragraph (a) would result in more than the correct number of seats for
the region being allocated, the subsection in question shall apply as if the
regional figure for each of those parties or candidates had been adjusted in
accordance with subsection (8).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 306
8. The regional figure for a party or candidate is adjusted in accordance with this
subsection by—
a. adding one vote to the total number of regional votes given for the party or
candidate in all the constituencies included in the region; and
b. (in the case of a party) recalculating the regional figure accordingly.
9. If, on the application of the subsection in question in accordance with subsection
(7)(b), seats would be allocated to two or more parties or individual candidates
and that would result in more than the correct number of seats for the region
being allocated, the regional returning officer shall decide between them by lot.
Subheading 3: Vacancies
9. Constituency vacancies
1. Where the seat of a constituency member is vacant, an election shall be held to
fill the vacancy (subject to subsection (4)).
2. The date of the poll shall be fixed by the Presiding Officer.
3. The date shall fall within the period of three months—
a. beginning with the occurrence of the vacancy, or
b. if the vacancy does not come to the notice of the Presiding Officer within
the period of one month beginning with its occurrence, beginning when it
does come to his notice.
4. The election shall not be held if the latest date for holding the poll would fall
within the period of three months ending with the day on which the poll at the
next ordinary general election would be held (disregarding section 2(5)).
5. For the purposes of this section, the date on which a vacancy is to be treated as
occurring shall be determined under standing orders.
6. A person may not be a candidate at such an election if he is a member of the
Parliament or a candidate in another election to fill a vacancy.
10. Regional vacancies
1. This section applies where the seat of a regional member is vacant.
2. If the regional member was returned as an individual candidate, or the vacancy
is not filled in accordance with the following provisions, the seat shall remain
vacant until the next general election.
3. If the regional member was returned (under section 8 or this section) from a
registered political party’s regional list, the regional returning officer shall notify
the Presiding Officer of the name of the person who is to fill the vacancy.
4. The regional returning officer shall ascertain from that party's regional list the
name and address of the person whose name appears highest on that list (“the
first choice”) and shall take such steps as appear to him to be reasonable to
contact the first choice to ask whether he will—
a. state in writing that he is willing and able to serve as a regional member for
that region; and
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 307
b. deliver a certificate signed by or on behalf of the nominating officer of the
registered party which submitted that regional list stating that the first
choice may be returned as a regional member from that list.
4A. Where—
a. within such period as the regional returning officer considers reasonable—
i. he decides that the steps he has taken to contact the first choice have
been unsuccessful; or
ii. he has not received from that person the statement and certificate
referred to in subsection (4); or
b. the first choice has—
i. stated in writing that he is not willing to serve as a regional member for
that region; or
ii. failed to deliver the certificate referred to in subsection (4)(b),
the regional returning officer shall repeat the procedure required by subsection
(4) in respect of the person (if any) whose name appears next in that list (“the
second choice”) or, where paragraph (a) or (b) of this subsection applies in
respect of that person, in respect of the person (if any) whose name appears next
highest after the second choice in that list; and the regional returning officer
shall continue to repeat the procedure until the regional returning officer has
notified the Presiding Officer of the name of the person who is to fill the vacancy
or the names in the list are exhausted.
5. Where a person whose name appears on that list provides the statement and
certificate referred to in subsection (4), the regional returning officer shall notify
to the Presiding Officer the name of that person.
5A. Where—
a. under subsection (4A), the regional returning officer has asked the second
choice or a subsequent choice the questions referred to in subsection (4);
and
b. the person who was asked those questions on an earlier occasion then
provides the statement and certificate referred to in that subsection,
that statement and certificate shall have no effect unless and until the
circumstances described in paragraph (a) or (b) of subsection (4A) apply in
respect of the second choice or, as the case may be, of the subsequent choice.
6. Where a person’s name has been notified under subsection (3), this Act shall
apply as if he had been declared to be returned as a regional member for the
region on the day on which notification of his name was received by the
Presiding Officer.
7. For the purposes of this section, the date on which a vacancy is to be treated as
occurring shall be determined under standing orders.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 308
Subheading 4: Franchise and conduct of elections
11. Electors
1. The persons entitled to vote as electors at an election for membership of the
Parliament held in any constituency are those who on the day of the poll—
a. would be entitled to vote as electors at a local government election in an
electoral area falling wholly or partly within the constituency, and
b. are registered in the register of local government electors at an address
within the constituency.
2. A person is not entitled to vote as elector in any constituency—
a. more than once at a poll for the return of a constituency member, or
b. more than once at a poll for the return of regional members,
or to vote as elector in more than one constituency at a general election.
12. Power of the Scottish Ministers to make provision
about elections
1. The Scottish Ministers may by order make provision as to—
a. the conduct of elections for membership of the Parliament, and
b. the questioning of such an election and the consequences of irregularities,
c. [Omitted]
2. The provision that may be made under subsection (1)(a) does not include
provision that may be made by the Secretary of State under section 12A but,
subject to that, includes, in particular, provision—
a. about supplying or otherwise dealing with a register of electors,
b. [Omitted]
c. about the limitation of the election expenses of candidates, and
d. for the combination of polls at elections for membership of the Parliament
with polls at other elections, if the conduct of the other election falls within
the legislative competence of the Parliament.
e. [Omitted]
f. [Omitted]
3. [Omitted]
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 309
4. An order under subsection (1) may—
a. apply, with or without modifications or exceptions, any provision made by
or under the Representation of the People Acts or the European
Parliamentary Elections Act 2002 or by any other enactment relating to
parliamentary elections, European Parliamentary elections or local
government elections,
b. [Omitted]
c. [Omitted]
5. The return of a member of the Parliament at an election may be questioned only
under Part III of the Representation of the People Act 1983 as applied by an
order under subsection (1).
6. For the purposes of this Act, the regional returning officer for any region is the
person designated as such in accordance with an order made by the Scottish
Ministers under this subsection.
7. Before making an order under this section the Scottish Ministers must consult
the Secretary of State.
12A. Power of the Secretary of State to make provision
about elections
1. The Secretary of State may by regulations make provision—
a. about the registration of electors,
b. for modifying the application of section 7(1) where the poll at an election
for the return of a constituency member is abandoned (or notice of it is
countermanded),
c. for modifying section 8(7) to ensure the allocation of the correct number of
seats for the region, and
d. as to the return of members of the Parliament otherwise than at an
election.
2. The provision that may be made under subsection (1)(a) includes—
a. provision for disregarding alterations in a register of electors, and
b. other provision about, or for purposes connected with, the content of a
register or the effect of registration,
but subject to that it does not include provision about supplying or otherwise
dealing with a register.
3. The provision that may be made under subsection (1)(d) includes, in particular,
provision modifying section 10(4) and (5).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 310
4. Regulations under subsection (1) may—
a. apply, with or without modifications or exceptions, any provision made by
or under the Representation of the People Acts or the European
Parliamentary Elections Act 2002 or by any other enactment relating to
parliamentary elections, European Parliamentary elections or local
government elections, and
b. so far as may be necessary in consequence of any provision made by this
Act or regulations under subsection (1), modify any provision made by any
enactment relating to the registration of parliamentary electors or local
government electors.
5. Before making regulations under this section the Secretary of State must
consult the Scottish Ministers.
Subheading 5: Duration of membership
13. Term of office of members
The term of office of a member of the Parliament begins on the day on which the
member is declared to be returned and ends with the dissolution of the Parliament.
14. Resignation of members
A member of the Parliament may at any time resign his seat by giving notice in
writing to the Presiding Officer.
Subheading 6: Disqualification
15. Disqualification from membership of the Parliament
1. A person is disqualified from being a member of the Parliament (subject to
section 16) if—
a. he is disqualified from being a member of the House of Commons under
paragraphs (a) to (e) of section 1(1) of the House of Commons
Disqualification Act 1975 (judges, civil servants, members of the armed
forces, members of police forces and members of foreign legislatures),
b. he is disqualified otherwise than under that Act (either generally or in
relation to a particular parliamentary constituency) from being a member
of the House of Commons or from sitting and voting in it,
c. [Repealed]
d. he is an office-holder of a description specified in an Order in Council made
by Her Majesty under this subsection.
2. An office-holder of a description specified in an Order in Council made by Her
Majesty under this subsection is disqualified from being a member of the
Parliament for any constituency or region of a description specified in the Order
in relation to the office-holder.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 311
3. In this section “office-holder” includes employee or other post-holder.
16. Exceptions and relief from disqualification
1. A person is not disqualified from being a member of the Parliament merely
because—
a. he is a peer (whether of the United Kingdom, Great Britain, England or
Scotland), or
b. he is a Lord Spiritual.
2. A citizen of the European Union who is resident in the United Kingdom is not
disqualified from being a member of the Parliament merely because of section 3
of the Act of Settlement (disqualification of persons born outside the United
Kingdom other than certain Commonwealth citizens and citizens of the Republic
of Ireland).
3. Subsection (4) applies where a person was, or is alleged to have been,
disqualified from being a member of the Parliament (either generally or in
relation to a particular constituency or region) on any ground other than one
falling within section 15(1)(b).
4. The Parliament may resolve to disregard any disqualification incurred by that
person on the ground in question if it considers that—
a. the ground has been removed, and
b. it is proper to disregard any disqualification so incurred.
5. A resolution under this section shall not—
a. affect any proceedings under Part III of the Representation of the People
Act 1983 as applied by an order under section 12, or
b. enable the Parliament to disregard any disqualification which has been
established in such proceedings or in proceedings under section 18.
17. Effect of disqualification
1. If a person who is disqualified from being a member of the Parliament or from
being a member for a particular constituency or region is returned as a member
of the Parliament or (as the case may be) as a member for the constituency or
region, his return shall be void and his seat vacant.
2. If a member of the Parliament becomes disqualified from being a member of the
Parliament or from being a member for the particular constituency or region for
which he is sitting, he shall cease to be a member of the Parliament (so that his
seat is vacant).
3. Subsections (1) and (2) have effect subject to any resolution of the Parliament
under section 16.
4. Subsection (2) also has effect subject to section 427 of the Insolvency Act 1986
(sequestration etc); and where, in consequence of that section, the seat of a
disqualified member of the Parliament is not vacant he shall not cease to be a
member of the Parliament until his seat becomes vacant but—
a. he shall not participate in any proceedings of the Parliament, and
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 312
b. any of his other rights and privileges as a member of the Parliament may be
withdrawn by a resolution of the Parliament.
5. The validity of any proceedings of the Parliament is not affected by the
disqualification of any person from being a member of the Parliament or from
being a member for the constituency or region for which he purports to sit.
18. Judicial proceedings as to disqualification
1. Any person who claims that a person purporting to be a member of the
Parliament is disqualified or has been disqualified at any time since being
returned may apply to the Court of Session for a declarator to that effect.
2. An application in respect of any person may be made whether the grounds on
which it is made are alleged to have subsisted when the person was returned or
to have arisen subsequently.
3. No declarator shall be made—
a. on grounds which subsisted when the person was returned, if an election
petition is pending or has been tried in which the disqualification on those
grounds of the person concerned is or was in issue, or
b. on any ground, if a resolution under section 16 requires that any
disqualification incurred on that ground by the person concerned is to be
disregarded.
4. The person in respect of whom an application is made shall be the defender.
5. The applicant shall give such caution for the expenses of the proceedings as the
Court of Session may direct; but any such caution shall not exceed £5,000 or
such other sum as the Scottish Ministers may by order specify.
6. The decision of the court on an application under this section shall be final.
7. In this section “disqualified” means disqualified from being a member of the
Parliament or from being a member for the constituency or region for which the
person concerned purports to sit.
Subheading 7: Presiding Officer and administration
19. Presiding Officer
1. The Parliament shall, following a general election, elect from among its members
a Presiding Officer and two deputies.
1A. The Parliament must do so—
a. before it conducts any other proceedings, except the taking by its members
of the oath of allegiance (see section 84), and
b. in any event, within the period of 14 days beginning immediately after the
day of the poll at the election.
1B. The Parliament may, at any time, elect from among its members one or more
additional deputies.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 313
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
he previously resigns, ceases to be a member of the Parliament otherwise than
by virtue of a dissolution or is removed from office by resolution of the
Parliament.
2A. But standing orders may make provision for additional deputies to hold office
for a shorter time than provided by subsection (2).
3. If the Presiding Officer or a deputy elected under subsection (1) ceases to hold
office before the Parliament is dissolved, the Parliament 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 any 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 Parliament.
7. The validity of any act of the Presiding Officer or a deputy is not affected by any
defect in his election.
20. Clerk of the Parliament
1. There shall be a Clerk of the Parliament.
2. The Clerk shall be appointed by the Scottish Parliamentary Corporate Body
(established under section 21).
3. The Clerk’s functions may be exercised by any Assistant Clerk if the office of
Clerk is vacant or the Clerk is for any reason unable to act.
4. The Clerk may authorise any Assistant Clerk or other member of the staff of the
Parliament to exercise functions on his behalf.
21. Scottish Parliamentary Corporate Body
1. There shall be a body corporate to be known as “The Scottish Parliamentary
Corporate Body” (referred to in this Act as the Parliamentary corporation) to
perform the functions conferred on the corporation by virtue of this Act or any
other enactment.
2. The members of the corporation shall be—
a. the Presiding Officer, and
b. at least four members of the Parliament appointed in accordance with
standing orders.
3. The corporation shall provide the Parliament, or ensure that the Parliament is
provided, with the property, staff and services required for the Parliament’s
purposes.
4. The Parliament may give special or general directions to the corporation for the
purpose of or in connection with the exercise of the corporation’s functions.
5. Any property or liabilities acquired or incurred in relation to matters within the
general responsibility of the corporation to which (apart from this subsection)
the Parliament would be entitled or subject shall be treated for all purposes as
property or (as the case may be) liabilities of the corporation.
6. Any expenses of the corporation shall be payable out of the Scottish
Consolidated Fund.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 314
7. Any sums received by the corporation shall be paid into that Fund, subject to any
provision made by or under an Act of the Scottish Parliament for the disposal of
or accounting for such sums.
8. Schedule 2 (which makes further provision about the corporation) shall have
effect.
Subheading 8: Proceedings etc
22. Standing orders
1. The proceedings of the Parliament shall be regulated by standing orders.
2. Schedule 3 (which makes provision as to how certain matters are to be dealt
with by standing orders) shall have effect.
23. Power to call for witnesses and documents
1. The Parliament may require any person—
a. to attend its proceedings for the purpose of giving evidence, or
b. to produce documents in his custody or under his control,
concerning any subject for which any member of the Scottish Executive has
general responsibility.
2. Subject to subsection (3), the Parliament may impose such a requirement on a
person outside Scotland only in connection with the discharge by him of—
a. functions of the Scottish Administration, or
b. functions of a Scottish public authority or cross-border public authority, or
Border rivers functions (within the meaning of section 111(4)), which
concern a subject for which any member of the Scottish Executive has
general responsibility.
3. In relation to the exercise of functions of a Minister of the Crown, the
Parliament may not impose such a requirement on—
a. him (whether or not he continues to be a Minister of the Crown), or
b. a person who is or has been in Crown employment, within the meaning of
section 191(3) of the Employment Rights Act 1996,
unless the exercise concerns a subject for which any member of the Scottish
Executive has general responsibility.
4. But the Parliament may not impose such a requirement in pursuance of
subsection (3) in connection with the exercise of functions which are
exercisable—
a. by the Scottish Ministers as well as by a Minister of the Crown, or
b. by a Minister of the Crown only with the agreement of, or after
consultation with, the Scottish Ministers.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 315
5. Subsection (4)(b) does not prevent the Parliament imposing such a requirement
in connection with the exercise of functions which do not relate to reserved
matters.
6. Where all the functions of a body relate to reserved matters, the Parliament
may not impose such a requirement on any person in connection with the
discharge by him of those functions.
7. The Parliament may not impose such a requirement on—
a. a judge of any court, or
b. a member of any tribunal in connection with the discharge by him of his
functions as such.
8. Such a requirement may be imposed by a committee or sub-committee of the
Parliament only if the committee or sub-committee is expressly authorised to do
so (whether by standing orders or otherwise).
9. 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 Scotland.
10. A procurator fiscal is not obliged under this section to answer any question or
produce any document concerning the operation of the system of criminal
prosecution in any particular case if the Lord Advocate—
a. considers that answering the question or producing the document might
prejudice criminal proceedings in that case or would otherwise be contrary
to the public interest, and
b. has authorised the procurator fiscal to decline to answer the question or
produce the document on that ground.
24. Witnesses and documents: notice
1. A requirement under section 23 shall be imposed by the Clerk giving the person
in question notice in writing specifying—
a. the time and place at which the person is to attend and the particular
subjects concerning which he is required to give evidence, or
b. the documents, or types of documents, which he is to produce, the date by
which he is to produce them and the particular subjects concerning which
they are required.
2. Such notice shall be given—
a. 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,
b. 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 316
25. Witnesses and documents: offences
1. Any person to whom a notice under section 24(1) has been given who—
a. refuses or fails to attend proceedings as required by the notice,
b. refuses or fails, when attending proceedings as required by the notice, to
answer any question concerning the subjects specified in the notice,
c. deliberately alters, suppresses, conceals or destroys any document which
he is required to produce by the notice, or
d. refuses or fails to produce any such document,
is guilty of an offence.
2. Subsection (1) is subject to sections 23(9) and (10) and 27(3).
3. 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.
4. 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.
5. 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—
a. a director, manager, secretary or other similar officer of the body
corporate, or
b. 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.
26. Witnesses and documents: general
1. The Presiding Officer or such other person as may be authorised by standing
orders may—
a. administer an oath to any person giving evidence in proceedings of the
Parliament, and
b. 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. Subsection (4) of section 25 applies to an offence under subsection (2) as it
applies to an offence under that section.
4. Standing orders may provide for the payment of allowances and expenses to
persons—
a. attending proceedings of the Parliament to give evidence, or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 317
b. producing documents which they have been required or requested to
produce,
whether or not in pursuance of a notice under section 24(1).
5. For the purposes of sections 23 to 25 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.
27. Participation of the Scottish Law Officers
1. If the Lord Advocate or the Solicitor General for Scotland is not a member of the
Parliament—
a. he may participate in the proceedings of the Parliament to the extent
permitted by standing orders, but may not vote, and
b. standing orders may in other respects provide that they are to apply to him
as if he were such a member.
2. Subsection (1) is without prejudice to section 39.
3. The Lord Advocate or the Solicitor General for Scotland may, in any proceedings
of the Parliament, decline to answer any question or produce any document
relating to the operation of the system of criminal prosecution in any particular
case if he considers that answering the question or producing the document—
a. might prejudice criminal proceedings in that case, or
b. would otherwise be contrary to the public interest.
Subheading 9: Legislation
28. Acts of the Scottish Parliament
1. Subject to section 29, the Parliament may make laws, to be known as Acts of the
Scottish Parliament.
2. Proposed Acts of the Scottish Parliament shall be known as Bills; and a Bill shall
become an Act of the Scottish Parliament when it has been passed by the
Parliament and has received Royal Assent.
• Approval of general legislation
3. A Bill receives Royal Assent at the beginning of the day on which Letters Patent
under the Scottish Seal signed with Her Majesty’s own hand signifying Her
Assent are recorded in the Register of the Great Seal.
• Approval of general legislation
4. The date of Royal Assent shall be written on the Act of the Scottish Parliament
by the Clerk, and shall form part of the Act.
5. The validity of an Act of the Scottish Parliament is not affected by any invalidity
in the proceedings of the Parliament leading to its enactment.
6. Every Act of the Scottish Parliament shall be judicially noticed.
7. This section does not affect the power of the Parliament of the United Kingdom
to make laws for Scotland.
29. Legislative competence
1. An Act of the Scottish Parliament is not law so far as any provision of the Act is
outside the legislative competence of the Parliament.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 318
2. A provision is outside that competence so far as any of the following paragraphs
apply—
a. it would form part of the law of a country or territory other than Scotland,
or confer or remove functions exercisable otherwise than in or as regards
Scotland,
b. it relates to reserved matters, • First chamber reserved policy areas
• Second chamber reserved policy areas
c. it is in breach of the restrictions in Schedule 4,
d. it is incompatible with any of the Convention rights or with EU law, • International organizations
• International human rights treaties
e. it would remove the Lord Advocate from his position as head of the systems
of criminal prosecution and investigation of deaths in Scotland.
3. For the purposes of this section, the question whether a provision of an Act of
the Scottish Parliament relates to a reserved matter is to be determined, subject
to subsection (4), by reference to the purpose of the provision, having regard
(among other things) to its effect in all the circumstances.
4. A provision which—
a. would otherwise not relate to reserved matters, but
b. makes modifications of Scots private law, or Scots criminal law, as it applies
to reserved matters,
is to be treated as relating to reserved matters unless the purpose of the
provision is to make the law in question apply consistently to reserved matters
and otherwise.
5. Subsection (1) is subject to section 30(6).
• Head of state powers 30. Legislative competence: supplementary
• Advisory bodies to the head of state
1. Schedule 5 (which defines reserved matters) shall have effect. • First chamber reserved policy areas
• Second chamber reserved policy areas
2. Her Majesty may by Order in Council make any modifications of Schedule 4 or 5
which She considers necessary or expedient.
• Constitution amendment procedure
3. 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 Scotland.
4. An Order in Council under this section may also make such modifications of—
a. any enactment or prerogative instrument (including any enactment
comprised in or made under this Act), or
b. any other instrument or document,
as Her Majesty considers necessary or expedient in connection with other
provision made by the Order.
5. Subsection (6) applies where any alteration is made—
a. to the matters which are reserved matters, or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 319
b. to Schedule 4,
(whether by virtue of the making, revocation or expiry of an Order in Council
under this section or otherwise).
6. Where the effect of the alteration is that a provision of an Act of the Scottish
Parliament ceases to be within the legislative competence of the Parliament, the
provision does not for that reason cease to have effect (unless an enactment
provides otherwise).
31. Scrutiny of Bills before introduction
1. A person in charge of a Bill shall, on or before introduction of the Bill in the
Parliament, state that in his view the provisions of the Bill would be within the
legislative competence of the Parliament.
2. The Presiding Officer shall, on or before the introduction of a Bill in the
Parliament, decide whether or not in his view the provisions of the Bill would be
within the legislative competence of the Parliament and state his decision.
3. The form of any statement, and the manner in which it is to be made, shall be
determined under standing orders, and standing orders may provide for any
statement to be published.
32. Submission of Bills for Royal Assent
1. It is for the Presiding Officer to submit Bills for Royal Assent. • Approval of general legislation
2. The Presiding Officer shall not submit a Bill for Royal Assent at any time when—
a. the Advocate General, the Lord Advocate or the Attorney General is
entitled to make a reference in relation to the Bill under section 33,
b. any such reference has been made but has not been decided or otherwise
disposed of by the Supreme Court, or
c. an order may be made in relation to the Bill under section 35.
3. The Presiding Officer shall not submit a Bill in its unamended form for Royal
Assent if—
a. the Supreme Court has decided that the Bill or any provision of it would not
be within the legislative competence of the Parliament, or
b. a reference made in relation to the Bill under section 33 has been
withdrawn following a request for withdrawal of the reference under
section 34(2)(b).
4. In this Act—
“Advocate General” means the Advocate General for Scotland,
• Federal review of subnational legislation 33. Scrutiny of Bills by the Supreme Court
1. The Advocate General, the Lord Advocate or the Attorney General may refer
the question of whether a Bill or any provision of a Bill would be within the
legislative competence of the Parliament to the Supreme Court for decision.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 320
2. Subject to subsection (3), he may make a reference in relation to a Bill at any
time during—
a. the period of four weeks beginning with the passing of the Bill, and
b. any period of four weeks beginning with any subsequent approval of the
Bill in accordance with standing orders made by virtue of section 36(5).
3. He shall not make a reference in relation to a Bill if he has notified the Presiding
Officer that he does not intend to make a reference in relation to the Bill, unless
the Bill has been approved as mentioned in subsection (2)(b) since the
notification.
34. ECJ references
1. This section applies where—
a. a reference has been made in relation to a Bill under section 33,
b. a reference for a preliminary ruling has been made by the Supreme Court in
connection with that reference, and
c. neither of those references has been decided or otherwise disposed of.
2. If the Parliament resolves that it wishes to reconsider the Bill—
a. the Presiding Officer shall notify the Advocate General, the Lord Advocate
and the Attorney General of that fact, and
b. the person who made the reference in relation to the Bill under section 33
shall request the withdrawal of the reference.
3. In this section “a reference for a preliminary ruling” means a reference of a
question to the European Court under Article 267 of the Treaty on the
Functioning of the European Union; or Article 150 of the Treaty establishing the
European Atomic Energy Community.
• Federal review of subnational legislation 35. Power to intervene in certain cases
1. If a Bill contains provisions—
a. which the Secretary of State has reasonable grounds to believe would be
incompatible with any international obligations or the interests of defence
or national security, or
• International law
b. which make modifications of the law as it applies to reserved matters and
which the Secretary of State has reasonable grounds to believe would have
an adverse effect on the operation of the law as it applies to reserved
matters,
he may make an order prohibiting the Presiding Officer from submitting the Bill
for Royal Assent.
2. The order must identify the Bill and the provisions in question and state the
reasons for making the order.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 321
3. The order may be made at any time during—
a. the period of four weeks beginning with the passing of the Bill,
b. any period of four weeks beginning with any subsequent approval of the
Bill in accordance with standing orders made by virtue of section 36(5),
c. if a reference is made in relation to the Bill under section 33, the period of
four weeks beginning with the reference being decided or otherwise
disposed of by the Supreme Court.
4. The Secretary of State shall not make an order in relation to a Bill if he has
notified the Presiding Officer that he does not intend to do so, unless the Bill has
been approved as mentioned in subsection (3)(b) since the notification.
5. An order in force under this section at a time when such approval is given shall
cease to have effect.
36. Stages of Bills
1. Standing orders shall include provision—
a. for general debate on a Bill with an opportunity for members to vote on its
general principles,
b. for the consideration of, and an opportunity for members to vote on, the
details of a Bill, and
c. for a final stage at which a Bill can be passed or rejected.
2. Subsection (1) does not prevent standing orders making provision to enable the
Parliament to expedite proceedings in relation to a particular Bill.
3. Standing orders may make provision different from that required by subsection
(1) for the procedure applicable to Bills of any of the following kinds—
a. Bills which restate the law,
b. Bills which repeal spent enactments,
c. private Bills.
4. Standing orders shall provide for an opportunity for the reconsideration of a Bill
after its passing if (and only if)—
a. the Supreme Court decides that the Bill or any provision of it would not be
within the legislative competence of the Parliament,
b. a reference made in relation to the Bill under section 33 is withdrawn
following a request for withdrawal of the reference under section 34(2)(b),
or
c. an order is made in relation to the Bill under section 35.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 322
5. 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.
6. References in subsection (4), sections 28(2) and 38(1)(a) and paragraph 7 of
Schedule 3 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 10: Other provisions
37. Acts of Union
The Union with Scotland Act 1706 and the Union with England Act 1707 have effect
subject to this Act.
38. Letters Patent and proclamations
1. The Keeper of the Registers of Scotland shall record in the Register of the Great
Seal—
a. all Letters Patent signed with Her Majesty’s own hand signifying Her
Assent to a Bill passed by the Parliament, and
b. all royal proclamations under sections 2(5) and 3(2),
which have passed under the Scottish Seal.
2. On recording such Letters Patent he shall intimate the date of recording to the
Clerk.
3. Her Majesty may by Order in Council make provision as to—
a. the form and manner of preparation, and
b. the publication,
of such Letters Patent and proclamations.
4. If the First Minister so directs, impressions with the same device as the Scottish
Seal shall be taken in such manner, of such size and on such material as is
specified in the direction.
5. Each such impression—
a. shall be known as a Wafer Scottish Seal, and
b. shall be kept in accordance with directions of the First Minister.
6. If a Wafer Scottish Seal has been applied to Letters Patent or a proclamation
mentioned in subsection (1), the document has the same validity as if it had
passed under the Scottish Seal.
39. Members’ interests
1. Provision shall be made for a register of interests of members of the Parliament
and for the register to be published and made available for public inspection.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 323
2. Provision shall be made—
a. requiring members of the Parliament to register in that register financial
interests (including benefits in kind), as defined for the purposes of this
paragraph,
b. requiring that any member of the Parliament who has a financial interest
(including benefits in kind), as defined for the purposes of this paragraph, in
any matter declares that interest before taking part in any proceedings of
the Parliament relating to that matter.
3. Provision made in pursuance of subsection (2) shall include any provision which
the Parliament considers appropriate for preventing or restricting the
participation in proceedings of the Parliament of a member with an interest
defined for the purposes of subsection (2)(a) or (b) in a matter to which the
proceedings relate.
4. Provision shall be made prohibiting a member of the Parliament from—
a. advocating or initiating any cause or matter on behalf of any person, by any
means specified in the provision, in consideration of any payment or benefit
in kind of a description so specified, or
b. urging, in consideration of any such payment or benefit in kind, any other
member of the Parliament to advocate or initiate any cause or matter on
behalf of any person by any such means.
5. Provision made in pursuance of subsections (2) to (4) shall include any provision
which the Parliament considers appropriate for excluding from proceedings of
the Parliament any member who fails to comply with, or contravenes, any
provision made in pursuance of those subsections.
6. Any member of the Parliament who—
a. takes part in any proceedings of the Parliament without having complied
with, or in contravention of, any provision made in pursuance of subsection
(2) or (3), or
b. 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. In this section—
a. “provision” means provision made by or under an Act of the Scottish
Parliament,
b. references to members of the Parliament include references to the Lord
Advocate and the Solicitor General for Scotland, whether or not they are
such members.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 324
Subheading 11: Legal issues
40. Proceedings by or against the Parliament etc
1. Proceedings by or against the Parliament shall be instituted by or (as the case
may be) against the Parliamentary corporation on behalf of the Parliament.
2. Proceedings by or against—
a. the Presiding Officer or a deputy, or
b. any member of the staff of the Parliament,
shall be instituted by or (as the case may be) against the corporation on his
behalf.
3. In any proceedings against the Parliament, the court shall not make an order for
suspension, interdict, reduction or specific performance (or other like order) but
may instead make a declarator.
4. In any proceedings against—
a. any member of the Parliament,
b. the Presiding Officer or a deputy,
c. any member of the staff of the Parliament, or
d. the Parliamentary corporation,the court shall not make an order for
suspension, interdict, reduction or specific performance (or other like
order) if the effect of doing so would be to give any relief against the
Parliament which could not have been given in proceedings against the
Parliament.
5. References in this section to an order include an interim order.
41. Defamatory statements
1. For the purposes of the law of defamation—
a. any statement made in proceedings of the Parliament, and
b. the publication under the authority of the Parliament of any statement,
shall be absolutely privileged.
2. In subsection (1), “statement” has the same meaning as in the Defamation Act
1996.
42. Contempt of court
1. The strict liability rule shall not apply in relation to any publication—
a. made in proceedings of the Parliament in relation to a Bill or subordinate
legislation, or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 325
b. to the extent that it consists of a fair and accurate report of such
proceedings made in good faith.
2. In subsection (1), “the strict liability rule” and “publication” have the same
meanings as in the Contempt of Court Act 1981.
43. Corrupt practices
[Repealed]
Part II: The Scottish Administration
Subheading 1: Ministers and their staff
44. The Scottish Executive
1. There shall be a Scottish Executive, whose members shall be—
a. the First Minister,
b. such Ministers as the First Minister may appoint under section 47, and
c. the Lord Advocate and the Solicitor General for Scotland.
2. The members of the Scottish Executive are referred to collectively as the
Scottish Ministers.
3. A person who holds a Ministerial office may not be appointed a member of the
Scottish Executive; and if a member of the Scottish Executive is appointed to a
Ministerial office he shall cease to hold office as a member of the Scottish
Executive.
4. In subsection (3), references to a member of the Scottish Executive include a
junior Scottish Minister and “Ministerial office” has the same meaning as in
section 2 of the House of Commons Disqualification Act 1975.
45. The First Minister
1. The First Minister shall be appointed by Her Majesty from among the members
of the Parliament and shall hold office at Her Majesty’s pleasure.
• Head of state powers
2. The First Minister may at any time tender his resignation to Her Majesty and
shall do so if the Parliament resolves that the Scottish Executive no longer
enjoys the confidence of the Parliament.
3. The First Minister shall cease to hold office if a person is appointed in his place.
4. If the office of First Minister is vacant or he is for any reason unable to act, the
functions exercisable by him shall be exercisable by a person designated by the
Presiding Officer.
5. A person shall be so designated only if—
a. he is a member of the Parliament, or
b. if the Parliament has been dissolved, he is a person who ceased to be a
member by virtue of the dissolution.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 326
6. Functions exercisable by a person by virtue of subsection (5)(a) shall continue to
be exercisable by him even if the Parliament is dissolved.
7. The First Minister shall be the Keeper of the Scottish Seal.
46. Choice of the First Minister
1. If one of the following events occurs, the Parliament shall within the period
allowed nominate one of its members for appointment as First Minister.
2. The events are—
a. the holding of a poll at a general election,
b. the First Minister tendering his resignation to Her Majesty,
c. the office of First Minister becoming vacant (otherwise than in
consequence of his so tendering his resignation),
d. the First Minister ceasing to be a member of the Parliament otherwise than
by virtue of a dissolution.
3. The period allowed is the period of 28 days which begins with the day on which
the event in question occurs; but—
a. if another of those events occurs within the period allowed, that period
shall be extended (subject to paragraph (b)) so that it ends with the period
of 28 days beginning with the day on which that other event occurred, and
b. the period shall end if the Parliament passes a resolution under section
3(1)(a) or when Her Majesty appoints a person as First Minister.
4. The Presiding Officer shall recommend to Her Majesty the appointment of any
member of the Parliament who is nominated by the Parliament under this
section.
47. Ministers
1. The First Minister may, with the approval of Her Majesty, appoint Ministers
from among the members of the Parliament.
2. The First Minister shall not seek Her Majesty’s approval for any appointment
under this section without the agreement of the Parliament.
3. A Minister appointed under this section—
a. shall hold office at Her Majesty’s pleasure,
b. may be removed from office by the First Minister,
c. may at any time resign and shall do so if the Parliament resolves that the
Scottish Executive no longer enjoys the confidence of the Parliament,
d. if he resigns, shall cease to hold office immediately, and
e. shall cease to hold office if he ceases to be a member of the Parliament
otherwise than by virtue of a dissolution.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 327
48. The Scottish Law Officers
1. It is for the First Minister to recommend to Her Majesty the appointment or
removal of a person as Lord Advocate or Solicitor General for Scotland; but he
shall not do so without the agreement of the Parliament.
2. The Lord Advocate and the Solicitor General for Scotland may at any time resign
and shall do so if the Parliament resolves that the Scottish Executive no longer
enjoys the confidence of the Parliament.
3. Where the Lord Advocate resigns in consequence of such a resolution, he shall
be deemed to continue in office until the warrant of appointment of the person
succeeding to the office of Lord Advocate is granted, but only for the purpose of
exercising his retained functions.
4. Subsection (3) is without prejudice to section 287 of the Criminal Procedure
(Scotland) Act 1995 (demission of office by Lord Advocate).
5. Any decision of the Lord Advocate in his capacity as head of the systems of
criminal prosecution and investigation of deaths in Scotland shall continue to be
taken by him independently of any other person.
6. In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial
offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975
(salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor
General for Scotland are omitted.
49. Junior Scottish Ministers
1. The First Minister may, with the approval of Her Majesty, appoint persons from
among the members of the Parliament to assist the Scottish Ministers in the
exercise of their functions.
2. They shall be known as junior Scottish Ministers.
3. The First Minister shall not seek Her Majesty’s approval for any appointment
under this section without the agreement of the Parliament.
4. A junior Scottish Minister—
a. shall hold office at Her Majesty’s pleasure,
b. may be removed from office by the First Minister,
c. may at any time resign and shall do so if the Parliament resolves that the
Scottish Executive no longer enjoys the confidence of the Parliament,
d. if he resigns, shall cease to hold office immediately, and
e. shall cease to hold office if he ceases to be a member of the Parliament
otherwise than by virtue of a dissolution.
50. Validity of acts of Scottish Ministers etc
The validity of any act of a member of the Scottish Executive or junior Scottish
Minister is not affected by any defect in his nomination by the Parliament or (as the
case may be) in the Parliament’s agreement to his appointment.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 328
51. The Civil Service
1. The Scottish Ministers may appoint persons to be members of the staff of the
Scottish Administration.
2. Service as—
a. the holder of any office in the Scottish Administration which is not a
ministerial office, or
b. a member of the staff of the Scottish Administration,
shall be service in the civil service of the State.
3. See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular,
sections 3 and 4) for provision affecting—
a. subsection (1), and
b. any other enactment about the appointment of persons mentioned in
subsection (2).
4. See also section 1 of the Civil Service (Management Functions) Act 1992 under
which functions conferred on the Minister for the Civil Service by section 3 of
the Constitutional Reform and Governance Act 2010 may be delegated to the
Scottish Ministers etc.
5. Any salary or allowances payable to or in respect of the persons mentioned in
subsection (2) (including contributions to any pension scheme) shall be payable
out of the Scottish Consolidated Fund.
6. Section 1(2) and (3) of the Superannuation Act 1972 (delegation of functions
relating to civil service superannuation schemes etc.) shall have effect as if
references to a Minister of the Crown (other than the Minister for the Civil
Service) included the Scottish Ministers.
7. The Scottish Ministers shall make payments to the Minister for the Civil Service,
at such times as he may determine, of such amounts as he may determine in
respect of—
a. the provision of pensions, allowances or gratuities by virtue of section 1 of
the Superannuation Act 1972 to or in respect of persons who are or have
been in such service as is mentioned in subsection (2), and
b. any expenses to be incurred in administering those pensions, allowances or
gratuities.
8. Amounts required for payments under subsection (7) shall be charged on the
Scottish Consolidated Fund.
9. [Omitted]
Subheading 2: Ministerial functions
52. Exercise of functions
1. Statutory functions may be conferred on the Scottish Ministers by that name.
2. Statutory functions of the Scottish Ministers, the First Minister or the Lord
Advocate shall be exercisable on behalf of Her Majesty.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 329
3. Statutory functions of the Scottish Ministers shall be exercisable by any member
of the Scottish Executive.
4. Any act or omission of, or in relation to, any member of the Scottish Executive
shall be treated as an act or omission of, or in relation to, each of them; and any
property acquired, or liability incurred, by any member of the Scottish Executive
shall be treated accordingly.
5. Subsection (4) does not apply in relation to the exercise of—
a. functions conferred on the First Minister alone, or
b. retained functions of the Lord Advocate.
6. In this Act, “retained functions” in relation to the Lord Advocate means—
a. any functions exercisable by him immediately before he ceases to be a
Minister of the Crown, and
b. other statutory functions conferred on him alone after he ceases to be a
Minister of the Crown.
7. In this section, “statutory functions” means functions conferred by virtue of any
enactment.
53. General transfer of functions
1. The functions mentioned in subsection (2) shall, so far as they are exercisable
within devolved competence, be exercisable by the Scottish Ministers instead of
by a Minister of the Crown.
2. Those functions are—
a. those of Her Majesty’s prerogative and other executive functions which are
exercisable on behalf of Her Majesty by a Minister of the Crown,
b. other functions conferred on a Minister of the Crown by a prerogative
instrument, and
c. functions conferred on a Minister of the Crown by any pre-commencement
enactment,
but do not include any retained functions of the Lord Advocate.
3. In this Act, “pre-commencement enactment” means—
a. an Act passed before or in the same session as this Act and any other
enactment made before the passing of this Act,
b. an enactment made, before the commencement of this section, under such
an Act or such other enactment,
c. subordinate legislation under section 106, to the extent that the legislation
states that it is to be treated as a pre-commencement enactment.
4. This section and section 54 are modified by Part III of Schedule 4.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 330
54. Devolved competence
1. References in this Act to the exercise of a function being within or outside
devolved competence are to be read in accordance with this section.
2. It is outside devolved competence—
a. to make any provision by subordinate legislation which would be outside
the legislative competence of the Parliament if it were included in an Act of
the Scottish Parliament, or
b. to confirm or approve any subordinate legislation containing such
provision.
3. In the case of any function other than a function of making, confirming or
approving subordinate legislation, it is outside devolved competence to exercise
the function (or exercise it in any way) so far as a provision of an Act of the
Scottish Parliament conferring the function (or, as the case may be, conferring it
so as to be exercisable in that way) would be outside the legislative competence
of the Parliament.
55. Functions exercisable with agreement
1. A statutory provision, or any provision not contained in an enactment, which
provides for a Minister of the Crown to exercise a function with the agreement
of, or after consultation with, any other Minister of the Crown shall cease to
have effect in relation to the exercise of the function by a member of the
Scottish Executive by virtue of section 53.
2. In subsection (1) “statutory provision” means any provision in a
pre-commencement enactment other than paragraph 5 or 15 of Schedule 32 to
the Local Government, Planning and Land Act 1980 (designation of enterprise
zones).
56. Shared powers
1. Despite the transfer by virtue of section 53 of any function under—
a. section 17(1) of the Ministry of Transport Act 1919 (power to make
advances for certain purposes),
b. any Order in Council under section 1 of the United Nations Act 1946
(measures to give effect to Security Council decisions),
c. section 9 of the Industrial Organisation and Development Act 1947 (levies
for scientific research, promotion of exports, etc.),
d. section 5 of the Science and Technology Act 1965 (funding of scientific
research),
e. section 1 of the Mineral Exploration and Investment Grants Act 1972
(contributions in respect of mineral exploration),
f. sections 10 to 12 of the Industry Act 1972 (credits and grants for
construction of ships and offshore installations),
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 331
g. sections 2, 11(3) and 12(4) of the Employment and Training Act 1973
(power to make arrangements for employment and training etc. and to
make certain payments),
h. sections 7 to 9 and 11 to 13 of the Industrial Development Act 1982
(financial and other assistance for industry), and
i. sections 39 and 40 of the Road Traffic Act 1988 (road safety information
and training),
the function shall be exercisable by a Minister of the Crown as well as by the
Scottish Ministers.
2. Despite the transfer of any other function by virtue of section 53, the function
shall, if subordinate legislation so provides, be exercisable (or be exercisable so
far as the legislation provides) by a Minister of the Crown as well as by the
Scottish Ministers.
3. Subordinate legislation under subsection (2) may not be made so as to come into
force at any time after the function in question has become exercisable by the
Scottish Ministers.
4. Any power referred to in section 53(2)(a) to establish, maintain or abolish a
body, office or office-holder having functions which include both—
a. functions which are exercisable in or as regards Scotland and do not relate
to reserved matters, and
b. other functions,shall, despite that section, be exercisable jointly by the
Minister of the Crown and the Scottish Ministers.
5. In subsection (4), “office-holder” includes employee or other post-holder.
• International organizations 57. EU law and Convention rights
1. Despite the transfer to the Scottish Ministers by virtue of section 53 of
functions in relation to observing and implementing obligations under EU law,
any function of a Minister of the Crown in relation to any matter shall continue
to be exercisable by him as regards Scotland for the purposes specified in
section 2(2) of the European Communities Act 1972.
2. A member of the Scottish Executive has no power to make any subordinate
legislation, or to do any other act, so far as the legislation or act is incompatible
with any of the Convention rights or with EU law.
• International human rights treaties
3. Subsection (2) does not apply to an act of the Lord Advocate—
a. in prosecuting any offence, or
b. in his capacity as head of the systems of criminal prosecution and
investigation of deaths in Scotland,
• Federal review of subnational legislation 58. Power to prevent or require action
1. If the Secretary of State has reasonable grounds to believe that any action
proposed to be taken by a member of the Scottish Executive would be
incompatible with any international obligations, he may by order direct that the
proposed action shall not be taken.
• International law
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 332
2. If the Secretary of State has reasonable grounds to believe that any action
capable of being taken by a member of the Scottish Executive is required for the
purpose of giving effect to any such obligations, 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
Parliament.
4. If any subordinate legislation made or which could be revoked by a member of
the Scottish Executive contains provisions—
• International law
a. which the Secretary of State has reasonable grounds to believe to be
incompatible with any international obligations or the interests of defence
or national security, or
b. which make modifications of the law as it applies to reserved matters and
which the Secretary of State has reasonable grounds to believe to have an
adverse effect on the operation of the law as it applies to reserved matters,
the Secretary of State may by order revoke the legislation.
5. An order under this section must state the reasons for making the order.
Subheading 3: Property and liabilities
59. Property and liabilities of the Scottish Ministers
1. Property may be held by the Scottish Ministers by that name.
2. Property acquired by or transferred to the Scottish Ministers shall belong to,
and liabilities incurred by the Scottish Ministers shall be liabilities of, the
Scottish Ministers for the time being.
3. In relation to property to be acquired by or transferred to, or belonging to, the
Scottish Ministers or liabilities incurred by the Scottish Ministers, references to
the Scottish Ministers—
a. in any title recorded in the Register of Sasines or registered in the Land
Register of Scotland, or
b. in any other document,
shall be read in accordance with subsection (2).
4. A document shall be validly executed by the Scottish Ministers if it is executed
by any member of the Scottish Executive.
• Powers of cabinet 60. Transfers to the Scottish Ministers
• Head of state powers
• Advisory bodies to the head of state
1. Subordinate legislation may provide—
a. for the transfer to the Scottish Ministers of any property belonging to a
Minister of the Crown or government department, or
b. for the Scottish Ministers to have such rights or interests in relation to any
property belonging to a Minister of the Crown or government department
as the person making the legislation considers appropriate (whether in
connection with a transfer or otherwise).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 333
2. Subordinate legislation may provide for the transfer to the Scottish Ministers of
any liabilities to which a Minister of the Crown or government department is
subject.
3. Subordinate legislation under this section may only be made in connection with
any transfer or sharing of functions of a Minister of the Crown by virtue of
section 53, 63 or 89 or in any other circumstances in which the person making
the legislation considers it appropriate to do so for the purposes of this Act.
61. Property and liabilities of the Lord Advocate and the
First Minister
1. Property may be held by the Lord Advocate by that name.
2. Property acquired by or transferred to the Lord Advocate shall belong to, and
liabilities incurred by the Lord Advocate shall be liabilities of, the Lord Advocate
for the time being.
3. In relation to property to be acquired by or transferred to, or belonging to, the
Lord Advocate or liabilities incurred by the Lord Advocate, references to the
Lord Advocate—
a. in any title recorded in the Register of Sasines or registered in the Land
Register of Scotland, or
b. in any other document,
shall be read in accordance with subsection (2).
4. Any rights and liabilities acquired or incurred by the First Minister shall be rights
or (as the case may be) liabilities of the First Minister for the time being.
• Powers of cabinet 62. Transfers to the Lord Advocate
• Head of state powers
• Advisory bodies to the head of state
1. Subordinate legislation may provide—
a. for the transfer to the Lord Advocate of any property belonging to a
Minister of the Crown or government department, or
b. for the Lord Advocate to have such rights or interests in relation to any
property belonging to a Minister of the Crown or government department
as the person making the legislation considers appropriate (whether in
connection with a transfer or otherwise).
2. Subordinate legislation may provide for the transfer to the Lord Advocate of any
liabilities to which a Minister of the Crown or government department is
subject.
3. Subordinate legislation under this section may only be made in connection with
the Lord Advocate becoming a member of the Scottish Executive or having any
retained functions or in any other circumstances in which the person making the
legislation considers it appropriate to do so for the purposes of this Act.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 334
Subheading 4: Transfer of additional functions
• Head of state powers 63. Power to transfer functions
• Advisory bodies to the head of state
1. Her Majesty may by Order in Council provide for any functions, so far as they
are exercisable by a Minister of the Crown in or as regards Scotland, to be
exercisable—
a. by the Scottish Ministers instead of by the Minister of the Crown,
b. by the Scottish Ministers concurrently with the Minister of the Crown, or
c. by the Minister of the Crown only with the agreement of, or after
consultation with, the Scottish Ministers.
2. Where an Order is made under subsection (1)(a) or (b) in relation to a function of
a Minister of the Crown which is exercisable only with the agreement of, or after
consultation with, another Minister of the Crown, the function shall, unless the
Order provides otherwise, be exercisable by the Scottish Ministers free from
any such requirement.
3. An Order under this section may, in particular, provide for any function
exercisable by the Scottish Ministers by virtue of an Order under subsection
(1)(a) or (b) to be exercisable subject to a requirement for the function to be
exercised with the agreement of, or after consultation with, a Minister of the
Crown or other person.
Part III: Financial Provisions
64. Scottish Consolidated Fund
1. There shall be a Scottish Consolidated Fund.
2. The Secretary of State shall from time to time make payments into the Fund out
of money provided by Parliament of such amounts as he may determine.
3. Sums received by an office-holder in the Scottish Administration shall be paid
into the Fund.
4. Subsection (3) is subject to any provision made by or under an Act of the
Scottish Parliament for the disposal of or accounting for such sums.
5. The Treasury may, after consulting with the Scottish Ministers, by order
designate receipts of any description specified in the order which are payable
into the Fund (or would be but for any provision made by or under an Act of the
Scottish Parliament).
6. The Scottish Ministers shall make payments to the Secretary of State, at such
times and by such methods as the Treasury may from time to time determine, of
sums equal to the total amount outstanding in respect of designated receipts.
7. Amounts required for the payment of sums under subsection (6) shall be
charged on the Fund.
8. The Fund shall be held with the Paymaster General.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 335
65. Payments out of the Fund
1. A sum may only be paid out of the Scottish Consolidated Fund if—
a. it has been charged on the Fund by any enactment,
b. it is payable out of the Fund without further approval by virtue of this Act,
or
c. it is paid out for or in connection with any of the purposes mentioned in
subsection (2) in accordance with rules made by or under an Act of the
Scottish Parliament.
2. Those purposes are—
a. meeting expenditure of the Scottish Administration,
b. meeting expenditure payable out of the Fund under any enactment.
3. A sum paid out of the Fund shall not be applied for any purpose other than that
for which it was charged or (as the case may be) paid out.
66. Borrowing by the Scottish Ministers etc
1. The Scottish Ministers may borrow from the Secretary of State any sums
required by them for the purpose of—
a. meeting a temporary excess of sums paid out of the Scottish Consolidated
Fund over sums paid into that Fund, or
b. providing a working balance in the Fund.
2. Amounts required for the repayment of, or the payment of interest on, sums
borrowed under this section shall be charged on the Fund.
3. Sums borrowed under this section from the Secretary of State 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 from
time to time determine.
4. A member of the Scottish Executive may borrow money only under this section
or under any power conferred by any other Act of Parliament.
5. The Secretary of State may by order made with the consent of the Treasury
amend subsection (1A) so as to vary the means by which the Scottish Ministers
may borrow money.
67. Lending by the Secretary of State
1. The Treasury may issue to the Secretary of State out of the National Loans Fund
such sums as are required by him for making loans under section 66.
2. The aggregate at any time outstanding in respect of the principal of sums
borrowed under section 66(1) shall not exceed £500 million.
3. The Secretary of State may by order made with the consent of the Treasury
substitute for the amount (or substituted amount) specified in subsection (2)
such amount as may be specified in the order.
3A. An amount substituted under subsection (3) may be more or less than the
amount for which it is substituted but may not be less than £500 million.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 336
4. Sums received by the Secretary of State under section 66(3) shall be paid into
the National Loans Fund.
67A. Lending for capital expenditure
1. The aggregate at any time outstanding in respect of the principal of sums
borrowed under section 66(1A) shall not exceed £2.2 billion.
2. The Secretary of State may by order made with the consent of the Treasury
substitute for the amount (or substituted amount) specified in subsection (1)
such amount as may be specified in the order.
3. An amount substituted under subsection (2) may be more or less than the
amount for which it is substituted but may not be less than £2.2 billion.
4. A person lending money to a member of the Scottish Government is not bound
to enquire whether the member of the Scottish Government has power to
borrow the money and is not to be prejudiced by the absence of any such power.
5. The Scottish Ministers may not mortgage or charge any of their property as
security for money which they have borrowed under section 66(1A).
This is subject to section 66(2).
6. Security given in breach of subsection (5) is unenforceable.
68. Borrowing by statutory bodies
1. If a member of the Scottish Executive lends money to a body established under
any enactment, the rate of interest on the loan shall not be less than the lowest
rate determined by the Treasury under section 5 of the National Loans Act 1968
in respect of similar loans made out of the National Loans Fund on the day the
loan is made.
2. A body established under any enactment shall not, in pursuance of a power
conferred by virtue of an Act of the Scottish Parliament, borrow money in a
currency other than sterling except with the consent of the Scottish Ministers
given with the approval of the Treasury.
69. The Auditor General for Scotland
1. There shall be an Auditor General for Scotland who shall be an individual
appointed by Her Majesty on the nomination of the Parliament.
2. A recommendation shall not be made to Her Majesty for the removal from office
of the Auditor General for Scotland unless the Parliament so resolves and, if the
resolution is passed on a division, the number of members voting in favour is not
less than two-thirds of the total number of seats for members of the Parliament.
3. The validity of any act of the Auditor General for Scotland is not affected by any
defect in his nomination by the Parliament.
4. The Auditor General for Scotland shall not, in the exercise of any of his
functions, be subject to the direction or control of any member of the Scottish
Executive or of the Parliament.
5. Subsection (4) does not apply in relation to any function conferred on him of
preparing accounts.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 337
70. Financial control, accounts and audit
1. Scottish legislation shall provide—
a. for proper accounts to be prepared by the Scottish Ministers, by the Lord
Advocate and by other persons to whom sums are paid out of the Scottish
Consolidated Fund, of their expenditure and receipts,
b. for the Scottish Ministers to prepare an account of payments into and out
of the Fund,
c. for the Auditor General for Scotland to exercise, or ensure the exercise by
other persons of, the functions mentioned in subsection (2),
d. for access by persons exercising those functions to such documents as they
may reasonably require,
e. for members of the staff of the Scottish Administration designated for the
purpose to be answerable to the Parliament in respect of the expenditure
and receipts of each part of the Scottish Administration, and
f. for the publication of parliamentary accounts and of reports on such
accounts and for the laying of such accounts and reports before the
Parliament.
2. The functions referred to in subsection (1)(c) are—
a. issuing credits for the payment of sums out of the Fund,
b. examining parliamentary accounts (which includes determining whether
sums paid out of the Fund have been paid out and applied in accordance
with section 65), and certifying and reporting on them,
c. carrying out examinations into the economy, efficiency and effectiveness
with which the Scottish Ministers and the Lord Advocate have used their
resources in discharging their functions, and
d. carrying out examinations into the economy, efficiency and effectiveness
with which other persons determined under Scottish legislation to whom
sums are paid out of the Fund have used those sums in discharging their
functions.
3. Standing orders shall provide for the consideration by the Parliament of
accounts and reports laid before it in pursuance of subsection (1)(f).
4. Scottish legislation may make further provision for the purpose of ensuring that
persons who receive sums derived from the Fund are accountable including, in
particular, provision for any person to whom subsection (1)(a) does not apply to
be accountable for his expenditure and receipts in respect of functions for which
he receives sums derived from the Fund.
5. Persons (other than the Auditor General for Scotland) charged with the exercise
of any function mentioned in subsection (2) or other like function conferred by
Scottish legislation shall not, in the exercise of that or any ancillary function, be
subject to the direction or control of any member of the Scottish Executive or of
the Parliament.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 338
6. Scottish legislation may not require any cross-border public authority to
prepare accounts if any other legislation requires—
a. the authority to prepare accounts of its expenditure and receipts, and
b. the accounts to be examined, certified and reported on by the Auditor
General for Scotland, the Comptroller and Auditor General or a person
appointed by either of them.
7. Subsection (2)(b) does not apply to accounts prepared by the Auditor General
for Scotland.
8. This section does not require Scottish legislation to impose any requirement
which is imposed by any other legislation.
9. In this section—
• “parliamentary accounts” means—
a. any accounts prepared in pursuance of subsection (1)(a) or (b), and
b. any accounts referred to in subsection (6) which are required to be
examined, certified and reported on by the Auditor General for
Scotland or any person appointed by him,
• “Scottish legislation” means provision made by or under an Act of the
Scottish Parliament and “other legislation” means provision made by any
other enactment.
71. Existing debt
1. Subsections (2) to (4) apply where—
a. power to lend money under a provision of a pre-commencement enactment
was exercised by the Secretary of State,
b. the sums required by him for the exercise of the power were issued by the
Treasury out of the National Loans Fund, and
c. the power is exercisable by the Scottish Ministers by virtue of section 53, or
would have been so exercisable but for the repeal of the
pre-commencement enactment.
2. Any amount payable by way of repayment of or interest on the loan shall be paid
to the Scottish Ministers and into the Scottish Consolidated Fund (instead of to
the Secretary of State and into the National Loans Fund).
3. Amounts equal to those which are to be received by the Scottish Ministers in
repayment of principal shall be treated as being amounts of advances made on
the commencement of this section to the Scottish Ministers by the Secretary of
State.
4. Such advances 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 from time to time determine.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 339
5. Subsection (6) applies to any amount outstanding immediately before the
commencement of this subsection in respect of the principal of the sum treated
by virtue of section 2(3) of the Government Trading Funds Act 1973 as issued to
the Registers of Scotland Executive Agency Trading Fund on the day on which
the order establishing that fund came into force (“the issue date”).
6. The Secretary of State may, with the agreement of the Treasury, by order
provide—
a. for the amount to be treated as an advance made by him to the Scottish
Ministers on the issue date, and
b. for the advance to be repaid to him at such times and by such methods, and
for interest on the advance to be paid to him at such rates and at such
times, as were determined by the Treasury under section 2B(3) of that Act
in respect of the sum referred to in subsection (5).
7. Sums required to be paid under subsection (4) or (6) shall be charged on the
Scottish Consolidated Fund.
8. Sums received under subsection (4) or (6) shall be paid into the National Loans
Fund.
72. Accounts of loans to the Scottish Ministers
The Secretary of State shall, for each financial year—
a. prepare, in such form and manner as the Treasury may direct, an account of
sums paid and received by him under sections 66, 67 and 71, and
b. send the account to the Comptroller and Auditor General not later than the
end of November in the following financial year,
and the Comptroller and Auditor General shall examine, certify and report on the
account and shall lay copies of it and of his report before each House of Parliament.
Part IV: The tax-varying power
[Omitted]
Part 4A: Taxation
Subheading 1: Introductory
80A. Overview of Part 4A
1. In this Part—
a. Chapter 2 confers on the Scottish Parliament power to set a rate of income
tax to be paid by Scottish taxpayers, and
b. Chapters 3 and 4 specify the taxes about which the Scottish Parliament
may make provision in the exercise of the power conferred by section
28(1).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 340
2. The power to make provision about a devolved tax is subject to the restrictions
imposed by—
a. subsection (3), and
b. the other provisions of this Part.
3. A devolved tax may not be imposed where to do so would be incompatible with
any international obligations.
• International law
4. In this Act “devolved tax” means a tax specified in this Part as a devolved tax.
• Constitution amendment procedure 80B. Power to add new devolved taxes
• Head of state powers
• Advisory bodies to the head of state
1. Her Majesty may by Order in Council amend this Part so as to—
a. specify, as an additional devolved tax, a tax of any description, or
b. make any other modifications of the provisions relating to devolved taxes
which She considers necessary or expedient.
2. An Order in Council under this section may also make such modifications of—
a. any enactment or prerogative instrument (including any enactment
comprised in or made under this Act), or
b. any other instrument or document,
as Her Majesty considers necessary or expedient in connection with other
provision made by the Order.
Subheading 2: Income Tax
80C. Power to set Scottish rate for Scottish taxpayers
1. The Scottish Parliament may by resolution (a “Scottish rate resolution”) set the
Scottish rate for the purpose of calculating the rates of income tax to be paid by
Scottish taxpayers.
2. Section 6(2B) of the Income Tax Act 2007 provides for the calculation of those
rates.
3. A Scottish rate resolution applies—
a. for only one tax year, and
b. for the whole of that year.
4. A Scottish rate resolution may specify only one rate.
5. The Scottish rate must be a whole number or half a whole number.
6. A Scottish rate resolution—
a. must specify the tax year for which it applies,
b. must be made before the start of that tax year, and
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 341
c. must not be made more than 12 months before the start of that year.
7. If a Scottish rate resolution is cancelled before the start of the tax year for which
it is to apply—
a. the Income Tax Acts have effect for that year as if the resolution had never
been passed, and
b. the resolution may be replaced by another Scottish rate resolution.
8. Standing orders must provide that only a member of the Scottish Government
may move a motion for a Scottish rate resolution.
80D. Scottish taxpayers
1. In any tax year, a Scottish taxpayer is an individual (T)—
a. who is resident in the UK for income tax purposes, and
b. who, for that year, meets condition A, B or C.
2. T meets condition A if T has a close connection with Scotland (see section 80E).
3. T meets condition B if—
a. T does not have a close connection with any part of the UK other than
Scotland (see section 80E), and
b. T spends more days of that year in Scotland than in any other part of the UK
(see section 80F).
4. T meets condition C if, for the whole or any part of the year, T is—
a. a member of Parliament for a constituency in Scotland,
b. a member of the European Parliament for Scotland, or
c. a member of the Scottish Parliament.
5. In this Chapter “the UK” means the United Kingdom.
80E. Close connection with Scotland or another part of the
UK
1. To find whether, for any year, T has a close connection with any part of the UK
see—
a. subsection (2) (where T has only one place of residence in the UK), or
b. subsection (3) (where T has 2 or more places of residence in the UK).
2. T has a close connection with a part of the UK if in that year—
a. T has only one place of residence in the UK,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 342
b. that place of residence is in that part of the UK, and
c. for at least part of the year, T lives at that place.
3. T has a close connection with a part of the UK if in that year—
a. T has 2 or more places of residence in the UK,
b. for at least part of the year, T's main place of residence in the UK is in that
part of the UK,
c. the times in the year when T's main place of residence is in that part of the
UK comprise (in aggregate) at least as much of the year as the times when
T's main place of residence is in any one other part of the UK, and
d. for at least part of the year, T lives at a place of residence in that part of the
UK.
4. In this section “place” includes a place on board a vessel or other means of
transport.
80F. Days spent in Scotland or another part of the UK
1. T spends more days of a year in Scotland than in any other part of the UK if (and
only if)—
a. the number of days in the year on which T is in Scotland at the end of the
dayequals or exceeds
b. the number of days in the year on which T is in any other part of the UK at
the end of the day.
2. But T is not to be treated as being in the UK at the end of a day if—
a. on that day T arrives in the UK as a passenger,
b. T departs from the UK on the next day, and
c. during the time between arrival and departure T does not engage in
activities which are to a substantial extent unrelated to T's passage through
the UK.
80G. Supplemental powers to modify enactments
1. The Treasury may by order provide that subsections (2A) to (2C) of section 6 of
the Income Tax Act 2007 are to be disapplied, or that their effect is to be
modified, in relation to any enactment.
2. The Treasury may by order make such modifications of any enactment as they
consider necessary or expedient in consequence of or in connection with—
a. the power of the Parliament to set a rate under section 80C;
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 343
b. the making of a Scottish rate resolution;
c. an order under subsection (1).
3. An order under subsection (2) may, in particular, provide that a Scottish rate
resolution does not require any change in the amounts repayable or deductible
under PAYE regulations between—
a. the beginning of the tax year for which the resolution has effect, and
b. such date (falling after the date of the resolution) as may be specified in the
order.
4. An order under this section may, to the extent that the Treasury consider it to
be appropriate, take effect retrospectively from the beginning of the tax year in
which the order is made.
80H. Reimbursement of expenses
The Scottish Ministers may reimburse any Minister of the Crown or government
department for administrative expenses incurred by virtue of this Chapter at any
time after the passing of the Scotland Act 2012 by the Minister or department.
Subheading 3: Tax on transactions involving interests in
land
80I. Tax on transactions involving interests in land
1. A tax charged on any of the following transactions is a devolved taxa. the acquisition of an estate, interest, right or power in or over land in
Scotland;
b. the acquisition of the benefit of an obligation, restriction or condition
affecting the value of any such estate, interest, right or power.
2. The tax may be chargeable—
a. whether or not there is any instrument effecting the transaction,
b. if there is such an instrument, regardless of where it is executed, and
c. regardless of where any party to the transaction is or is resident.
80J. Certain transactions not taxable
1. Tax may not be imposed under section 80I on so much of a transaction as relates
to land below mean low water mark.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 344
2. The following persons are not to be liable to pay a tax imposed under section
80I—
Government:
• A Minister of the Crown
• The Scottish Ministers
• A Northern Ireland department
• The Welsh Ministers, the First Minister for Wales and the Counsel General
to the Welsh Assembly Government
Parliament etc:
• The Corporate Officer of the House of Lords
• The Corporate Officer of the House of Commons
• The Scottish Parliamentary Corporate Body
• The Northern Ireland Assembly Commission
• The National Assembly for Wales Commission
• The National Assembly for Wales.
Subheading 4: Tax on disposals to landfill
80K. Tax on disposals to landfill
1. A tax charged on disposals to landfill made in Scotland is a devolved tax.
2. A disposal is a disposal to landfill if—
a. it is a disposal of material as waste, and
b. it is made by way of landfill.
Part V: Miscellaneous and general
Subheading 1: Remuneration of members of the
Parliament and Government
81. Remuneration of members of the Parliament and
Government
1. The Parliament shall make provision for the payment of salaries to members of
the Parliament and members of the Scottish Executive.
2. The Parliament may make provision for the payment of allowances to members
of the Parliament or members of the Scottish Executive.
3. The Parliament may make provision for the payment of pensions, gratuities or
allowances to, or in respect of, any person who—
a. has ceased to be a member of the Parliament or the Scottish Executive, or
b. has ceased to hold such office, employment or other post in connection
with the Parliament or the Scottish Executive as the Parliament may
determine but continues to be a member of the Parliament or the Scottish
Executive.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 345
4. Such provision may, in particular, include provision for—
a. contributions or payments towards provision for such pensions, gratuities
or allowances,
b. the establishment and administration (whether by the Parliamentary
corporation or otherwise) of one or more pension schemes.
5. In this section “provision” includes provision—
a. by an Act of the Scottish Parliament, or
b. by a resolution of the Parliament conferring functions on the Parliamentary
corporation;
and references to a member of the Scottish Executive include a junior Scottish
Minister.
82. Limits on salaries of members of the Parliament
1. The Parliament shall ensure that the amount of salary payable to a member of
the Parliament in accordance with section 81 is reduced if any salary is payable
to him—
za. under section 4 of the Parliamentary Standards Act 2009 (salaries of
members of the House of Commons),
a. pursuant to a resolution (or combination of resolutions) of the House of
Lords relating to the remuneration of members of that House, or
b. under section 1 of the European Parliament (Pay and Pensions) Act 1979
(remuneration of United Kingdom MEPs).
2. The Parliament shall ensure that the amount of salary is reduced—
a. to a particular proportion of what it would otherwise be or to a particular
amount, or
b. by the amount of any salary payable to the member as mentioned in
subsection ((1)(za), (a) or (b), by a particular proportion of that amount or by
some other particular amount.
83. Remuneration: supplementary
1. The Parliament shall ensure that information concerning sums paid as salaries,
allowances, pensions or gratuities of the kind mentioned in section 81 is
published for each financial year.
2. No payment of salary or allowances of the kind mentioned in section 81(1) or (2)
shall be made to a person who is required by section 84 to take an oath unless he
has done so.
3. Subsection (2) does not affect any entitlement to payments in respect of the
period before the person concerned took the oath once he has done so.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 346
4. For the purposes of sections 81 and 82, a person who is a member of the
Parliament immediately before the Parliament is dissolved shall be treated—
a. if he continues to hold office by virtue of section 19(2) or paragraph 1 of
Schedule 2, as if he were such a member until the end of the day on which
he ceases to hold such office, and
b. if he does not fall within paragraph (a) but is nominated as a candidate at
the subsequent general election, as if he were such a member until the end
of the day on which the election is held.
5. Different provision may be made under section 81 or 82 for different cases.
Subheading 2: Other provision about members of the
Parliament etc
84. Oaths
1. A person who is returned as a member of the Parliament shall take the oath of
allegiance (whether or not he has taken the oath after being returned on a
previous occasion or otherwise than as a member of the Parliament).
2. He shall do so at a meeting of the Parliament and shall not take part in any other
proceedings of the Parliament until he has done so.
3. If he has not done so within the period of two months beginning with the day on
which he was returned, or such longer period as the Parliament may have
allowed before the end of that period, he shall cease to be a member of the
Parliament (so that his seat is vacant).
4. Each member of the Scottish Executive shall on appointment—
a. take the official oath in the form provided by the Promissory Oaths Act
1868, and
b. take the oath of allegiance.
5. Each junior Scottish Minister shall on appointment take the oath of allegiance.
6. Subsections (4) and (5) do not require a member of the Parliament to take the
oath of allegiance again if he has already done so in compliance with his duty as a
member.
7. In this section, references to taking the oath of allegiance are to taking it in the
form provided by the Promissory Oaths Act 1868.
85. Exemption from jury service
1. [Repealed]
2. In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland)
Act 1980 (persons excusable as of right from jury service), after the entries in
Group A there is inserted—
“Group AB
Scottish Parliament and Scottish Executive
(a) members of the Scottish Parliament;
(b) members of the Scottish Executive; and
(c) junior Scottish Ministers.”
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 347
Subheading 3: Arrangements at Westminster
86. Scottish representation at Westminster
[Repealed]
87. The Advocate General for Scotland
1. In Schedule 2 to the House of Commons Disqualification Act 1975 (Ministerial
offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975
(salaries of the Law Officers), after the entry for the Solicitor General there is
inserted—
“Advocate General for Scotland”.
2. The validity of anything done in relation to the Advocate General is not affected
by a vacancy in that office.
3. If that office is vacant or the Advocate General is for any reason unable to act,
his functions shall be exercisable by such other Minister of the Crown as the
Prime Minister may determine in writing.
Subheading 4: Cross-border public authorities
88. Cross-border public authorities: initial status
1. Sections 53 and 118 to 121 shall not apply in relation to any function which is
specifically exercisable in relation to a cross-border public authority; and section
118 shall not apply in relation to any function of such an authority.
2. A Minister of the Crown shall consult the Scottish Ministers before he exercises,
in relation to a cross-border public authority, any specific function—
a. which relates to any appointment or removal of the cross-border public
authority concerned or of any members or office-holders of the
cross-border public authority concerned, or
b. whose exercise might affect Scotland otherwise than wholly in relation to
reserved matters.
3. Any cross-border public authority or other person which is required by a
pre-commencement enactment or a prerogative instrument to lay any report
relating to a cross-border public authority before Parliament or either House of
Parliament shall also lay the report before the Scottish Parliament.
4. Subsections (1) to (3) are subject to any Order in Council made under section 89.
5. In this Act “cross-border public authority” means any body, government
department, office or office-holder specified in an Order in Council made by Her
Majesty under this section.
6. Such an Order may only specify a body, government department, office or
office-holder which (at the time when the Order is made) has, in addition to
other functions, functions which are exercisable in or as regards Scotland and do
not relate to reserved matters.
7. In this section—
• “office-holder” includes employee or other post-holder,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 348
• “report” includes accounts and any statement.
• Head of state powers 89. Power to adapt etc. cross-border public authorities
• Advisory bodies to the head of state
1. Her Majesty may by Order in Council make such provision in relation to a
cross-border public authority as She considers necessary or expedient in
consequence of this Act.
2. Such provision may, in particular, include provision—
a. modifying any function of a cross-border public authority or of a Minister of
the Crown in relation to such an authority,
b. conferring any function on a cross-border public authority or on a Minister
of the Crown or the Scottish Ministers in relation to such an authority,
c. modifying the constitution of a cross-border public authority,
d. modifying the application of section 56(4) or 88(1), (2) or (3),
e. for any function to be exercisable by the Scottish Ministers instead of by a
Minister of the Crown, or by the one concurrently with the other, or by
both jointly or by either with the agreement of or after consultation with
the other,
f. apportioning any assets or liabilities,
g. imposing, or enabling the imposition of, any limits or other restrictions in
addition to or in substitution for existing limits or restrictions,
h. providing for sums to be charged on or payable out of, or paid into, the
Scottish Consolidated Fund (instead of or in addition to payments into or
out of the Consolidated Fund or the National Loans Fund or out of money
provided by Parliament),
i. requiring payments, with or without interest, to a Minister of the Crown or
into the Consolidated Fund or National Loans Fund.
3. No recommendation shall be made to Her Majesty in Council to make an Order
under this section unless the cross-border public authority concerned has been
consulted.
90. Power to transfer property of cross-border public
authorities
• Head of state powers
• Advisory bodies to the head of state
1. This section applies if an Act of the Scottish Parliament provides for any
functions of a cross-border public authority to be no longer exercisable in or as
regards Scotland.
2. Her Majesty may by Order in Council provide—
a. for the transfer of any property to which this section applies, or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 349
b. for any person to have such rights or interests in relation to any property to
which this section applies as Her Majesty considers appropriate (whether
in connection with a transfer or otherwise).
3. This section applies to property belonging to the cross-border public authority
concerned which appears to Her Majesty—
a. to be held or used wholly or partly for or in connection with the exercise of
any of the functions concerned, or
b. not to be within paragraph (a) but, when last held or used for or in
connection with the exercise of any function, to have been so held or used
for or in connection with the exercise of any of the functions concerned.
4. Her Majesty may by Order in Council provide for the transfer of any liabilities—
a. to which the cross-border public authority concerned is subject, and
b. which appear to Her Majesty to have been incurred wholly or partly for or
in connection with the exercise of any of the functions concerned.
5. No recommendation shall be made to Her Majesty in Council to make an Order
under this section unless the cross-border public authority concerned has been
consulted.
Subheading 5: The BBC
90A. BBC Trust member for Scotland
1. A Minister of the Crown must not exercise without the agreement of the
Scottish Ministers functions relating to selection for a particular appointment by
which—
a. a person is to become a member of the BBC Trust and hold a Scottish post,
or
b. an existing member of the Trust is to hold a Scottish post.
2. “Scottish post” means a position, held as a member of the Trust, with specific
reference to Scotland.”
Subheading 6: Miscellaneous
91. Maladministration
1. The Parliament shall make provision for the investigation of relevant complaints
made to its members in respect of any action taken by or on behalf of—
a. a member of the Scottish Executive in the exercise of functions conferred
on the Scottish Ministers, or
b. any other office-holder in the Scottish Administration.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 350
2. For the purposes of subsection (1), a complaint is a relevant complaint if it is a
complaint of a kind which could be investigated under the Parliamentary
Commissioner Act 1967 if it were made to a member of the House of Commons
in respect of a government department or other authority to which that Act
applies.
3. The Parliament may make provision for the investigation of complaints in
respect of—
a. any action taken by or on behalf of an office-holder in the Scottish
Administration,
b. any action taken by or on behalf of the Parliamentary corporation,
c. any action taken by or on behalf of a Scottish public authority with mixed
functions or no reserved functions, or
d. any action concerning Scotland and not relating to reserved matters which
is taken by or on behalf of a cross-border public authority.
4. In making provision of the kind required by subsection (1), the Parliament shall
have regard (among other things) to the Act of 1967.
5. Sections 53 and 117 to 121 shall not apply in relation to functions conferred by
or under the Act of 1967.
6. In this section—
• “action” includes failure to act (and related expressions shall be read
accordingly),
• “provision” means provision by an Act of the Scottish Parliament;
and the references to the Act of 1967 are to that Act as it has effect on the
commencement of this section.
92. Queen’s Printer for Scotland
1. There shall be a Queen’s Printer for Scotland who shall—
a. exercise the Queen’s Printer functions in relation to Acts of the Scottish
Parliament and subordinate legislation (other than Scottish statutory
instruments) to which this section applies, and
b. exercise any other functions conferred on her by this Act or any other
enactment.
2. In subsection (1), “the Queen’s Printer functions” means the printing functions in
relation to Acts of Parliament and subordinate legislation of the Queen’s Printer
of Acts of Parliament.
3. The Queen’s Printer for Scotland shall also on behalf of Her Majesty exercise
Her rights and privileges in connection with—
• Provisions for intellectual property
a. Crown copyright in Acts of the Scottish Parliament,
b. Crown copyright in subordinate legislation to which this section applies,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 351
c. Crown copyright in any existing or future works (other than subordinate
legislation) made in the exercise of a function which is exercisable by any
office-holder in, or member of the staff of, the Scottish Administration (or
would be so exercisable if the function had not ceased to exist),
d. other copyright assigned to Her Majesty in works made in connection with
the exercise of functions by any such office-holder or member.
4. This section applies to subordinate legislation made, confirmed or approved—
a. by a member of the Scottish Executive,
b. by a Scottish public authority with mixed functions or no reserved
functions, or
c. within devolved competence by a person other than a Minister of the
Crown or such a member or authority.
4A. For the purposes of subsection (4)(c), the function of Her Majesty of making an
Order in Council under section 15(1) or (2) (power to specify persons
disqualified from membership of the Parliament) is to be regarded as being
exercisable within devolved competence.
4B. If, following an alteration such as is mentioned in section 30(5)—
a. subordinate legislation is made, confirmed or approved under a provision
which continues to have effect by virtue of section 30(6), and
b. the making, confirmation or approval would be within devolved
competence but for the alteration,
the subordinate legislation is to be regarded for the purposes of this section as
being made, confirmed or approved within devolved competence.
5. The Queen’s Printer of Acts of Parliament shall hold the office of Queen’s
Printer for Scotland.
6. References in this Act to a Scottish public authority include the Queen’s Printer
for Scotland.
93. Agency arrangements
1. A Minister of the Crown may make arrangements for any of his specified
functions to be exercised on his behalf by the Scottish Ministers; and the
Scottish Ministers may make arrangements for any of their specified functions
to be exercised on their behalf by a Minister of the Crown.
2. An arrangement under this section does not affect a person’s responsibility for
the exercise of his functions.
2A. The collection and management of a devolved tax is a specified function of the
Scottish Ministers.
3. In this section—
• “functions” does not include a function of making, confirming or approving
subordinate legislation,
• “Minister of the Crown” includes government department,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 352
• “specified” (subject to subsection (2A)) means specified in an Order in
Council made by Her Majesty under this subsection;
and this section applies to the Lord Advocate as it applies to the Scottish
Ministers.
94. Private legislation
1. This section applies where a pre-commencement enactment makes provision
which has the effect of—
a. requiring any order to be confirmed by Act of Parliament, or
b. requiring any order (within the meaning of the Statutory Orders (Special
Procedure) Act 1945) to be subject to special parliamentary procedure,
and power to make, confirm or approve the order in question is exercisable by
the Scottish Ministers by virtue of section 53.
2. The provision shall have effect, so far as it relates to the exercise of the power to
make, confirm or approve the order by virtue of section 53, as if it required the
ordera. to be confirmed by an Act of the Scottish Parliament, or
b. (as the case may be) to be subject to such special procedure as may be
provided by or under such an Act.
95. Appointment and removal of judges
1. It shall continue to be for the Prime Minister to recommend to Her Majesty the
appointment of a person as Lord President of the Court of Session or Lord
Justice Clerk.
2. The Prime Minister shall not recommend to Her Majesty the appointment of any
person who has not been nominated by the First Minister for such appointment.
3. Before nominating persons for such appointment the First Minister shall consult
the Lord President and the Lord Justice Clerk (unless, in either case, the office is
vacant).
4. It is for the First Minister, after consulting the Lord President, to recommend to
Her Majesty the appointment of a person as—
a. a judge of the Court of Session (other than the Lord President or the Lord
Justice Clerk), or
b. a sheriff principal or a sheriff.
5. The First Minister shall comply with any requirement in relation to—
a. a nomination under subsection (2), or
b. a recommendation under subsection (4),
imposed by virtue of any enactment.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 353
6. A judge of the Court of Session and the Chairman of the Scottish Land Court
may be removed from office only by Her Majesty; and any recommendation to
Her Majesty for such removal shall be made by the First Minister.
7. The First Minister shall make such a recommendation if (and only if) the
Parliament, on a motion made by the First Minister, resolves that such a
recommendation should be made.
8. Provision shall be made for a tribunal constituted by the First Minister to
investigate and report on whether a judge of the Court of Session or the
Chairman of the Scottish Land Court is unfit for office by reason of inability,
neglect of duty or misbehaviour and for the report to be laid before the
Parliament.
9. Such provision shall include provision—
a. for the constitution of the tribunal by the First Minister when requested by
the Lord President to do so and in such other circumstances as the First
Minister thinks fit, and
b. for the appointment to chair the tribunal of a member of the Judicial
Committee of the Privy Council who holds or has held high judicial office,
and may include provision for suspension from office.
10. The First Minister may make a motion under subsection (7) only if—
a. he has received from a tribunal constituted in pursuance of subsection (8) a
written report concluding that the person in question is unfit for office by
reason of inability, neglect of duty or misbehaviour and giving reasons for
that conclusion,
b. where the person in question is the Lord President or the Lord Justice
Clerk, he has consulted the Prime Minister, and
c. he has complied with any other requirement imposed by virtue of any
enactment.
11. In subsections (8) to (10)—
• “high judicial office” has the meaning given by section 60 of the
Constitutional Reform Act 2005,
• “provision” means provision by or under an Act of the Scottish Parliament,
• “tribunal” means a tribunal of at least three persons.
96. Provision of information to the Treasury
1. The Treasury may require the Scottish Ministers to provide, within such period
as the Treasury may reasonably specify, such information, in such form and
prepared in such manner, as the Treasury may reasonably 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.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 354
• Head of state powers 97. Assistance for opposition parties
• Advisory bodies to the head of state
1. Her Majesty may by Order in Council provide for the Parliamentary corporation
to make payments to registered political parties for the purpose of assisting
members of the Parliament who are connected with such parties to perform
their Parliamentary duties.
2. The corporation shall not make any payment to a party in pursuance of such an
Order if any of the members of the Parliament who are connected with the party
are also members of the Scottish Executive or junior Scottish Ministers.
3. But such an Order may, in any circumstances specified in the Order, require the
fact that any members who are connected with a party are also members of the
Scottish Executive or junior Scottish Ministers to be disregarded.
4. Such an Order may determine the circumstances in which a member of the
Parliament and a registered political party are to be regarded for the purposes
of this section as connected.
Subheading 7: Juridical
98. Devolution issues
Schedule 6 (which makes provision in relation to devolution issues) shall have effect.
99. Rights and liabilities of the Crown in different
capacities
1. Rights and liabilities may arise between the Crown in right of Her Majesty’s
Government in the United Kingdom and the Crown in right of the Scottish
Administration by virtue of a contract, by operation of law or by virtue of an
enactment as they may arise between subjects.
2. Property and liabilities may be transferred between the Crown in one of those
capacities and the Crown in the other capacity as they may be transferred
between subjects; and they may together create, vary or extinguish any
property or liability as subjects may.
3. Proceedings in respect of—
a. any property or liabilities to which the Crown in one of those capacities is
entitled or subject under subsection (1) or (2), or
b. the exercise of, or failure to exercise, any function exercisable by an
office-holder of the Crown in one of those capacities,
may be instituted by the Crown in either capacity; and the Crown in the other
capacity may be a separate party in the proceedings.
4. This section applies to a unilateral obligation as it applies to a contract.
5. In this section—
• “office-holder”, in relation to the Crown in right of Her Majesty’s
Government in the United Kingdom, means any Minister of the Crown or
other office-holder under the Crown in that capacity and, in relation to the
Crown in right of the Scottish Administration, means any office-holder in
the Scottish Administration,
• “subject” means a person not acting on behalf of the Crown.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 355
100. Human rights
• International human rights treaties 1. This Act does not enable a person—
a. to bring any proceedings in a court or tribunal on the ground that an act is
incompatible with the Convention rights, or
b. to rely on any of the Convention rights in any such proceedings,unless he
would be a victim for the purposes of Article 34 of the Convention (within
the meaning of the Human Rights Act 1998) if proceedings in respect of the
act were brought in the European Court of Human Rights.
2. Subsection (1) does not apply to the Lord Advocate, the Advocate General, the
Attorney General, the Advocate General for Northern Ireland or the Attorney
General for Northern Ireland.
3. This Act does not enable a court or tribunal to award any damages in respect of
an act which is incompatible with any of the Convention rights which it could not
award if section 8(3) and (4) of the Human Rights Act 1998 applied.
• International human rights treaties
3A. Subsection (3B) applies to any proceedings brought by virtue of this Act against
the Scottish Ministers or a member of the Scottish Government in a court or
tribunal on the ground that an act of the Scottish Ministers or a member of the
Scottish Government is incompatible with the Convention rights.
3B. Proceedings to which this subsection applies must be brought before the end
of—
a. the period of one year beginning with the date on which the act complained
of took place, or
b. such longer period as the court or tribunal considers equitable having
regard to all the circumstances,
but that is subject to any rule imposing a stricter time limit in relation to the
procedure in question.
3C. Subsection (3B) does not apply to proceedings brought by the Lord Advocate,
the Advocate General, the Attorney General, the Attorney General for Northern
Ireland or the Advocate General for Northern Ireland.
3D. In subsections (3A) and (3B) “act” does not include the making of any legislation
but it does include any other act or failure to act (including a failure to make
legislation).
3E. In subsection (3B) “rule” has the same meaning as it has in section 7(5) of the
Human Rights Act 1998.
4. Subject to subsection (3D), in this section “act” means—
a. making any legislation,
b. any other act or failure to act, if it is the act or failure of a member of the
Scottish Executive.
101. Interpretation of Acts of the Scottish Parliament etc
1. This section applies to—
a. any provision of an Act of the Scottish Parliament, or of a Bill for such an
Act, and
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 356
b. any provision of subordinate legislation made, confirmed or approved, or
purporting to be made, confirmed or approved, by a member of the Scottish
Executive,
which could be read in such a way as to be outside competence.
2. Such a provision is to be read as narrowly as is required for it to be within
competence, if such a reading is possible, and is to have effect accordingly.
3. In this section “competence”—
a. in relation to an Act of the Scottish Parliament, or a Bill for such an Act,
means the legislative competence of the Parliament, and
b. in relation to subordinate legislation, means the powers conferred by virtue
of this Act.
102. Powers of courts or tribunals to vary retrospective
decisions
• Federal review of subnational legislation
1. This section applies where any court or tribunal decides that—
a. an Act of the Scottish Parliament or any provision of such an Act is not
within the legislative competence of the Parliament, or
b. a member of the Scottish Executive does not have the power to make,
confirm or approve a provision of subordinate legislation that he has
purported to make, confirm or approve, or
c. any other purported exercise of a function by a member of the Scottish
Government was outside devolved competence.
2. The court or tribunal may make an order—
a. removing or limiting any retrospective effect of the decision, or
b. suspending the effect of the decision for any period and on any conditions
to allow the defect to be corrected.
3. In deciding whether to make an order under this section, the court or tribunal
shall (among other things) have regard to the extent to which persons who are
not parties to the proceedings would otherwise be adversely affected.
4. Where a court or tribunal is considering whether to make an order under this
section, it shall order intimation of that fact to be given to—
a. the Lord Advocate, and
b. the appropriate law officer, where the decision mentioned in subsection (1)
relates to a devolution issue (within the meaning of Schedule 6), or to a
compatibility issue,
unless the person to whom the intimation would be given is a party to the
proceedings.
5. A person to whom intimation is given under subsection (4) may take part as a
party in the proceedings so far as they relate to the making of the order.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 357
5A. Where the decision mentioned in subsection (1) is a decision of the Supreme
Court on a compatibility issue, the power to make an order under this section is
exercisable by the High Court of Justiciary instead of the Supreme Court.
6. Paragraphs 36 and 37 of Schedule 6 apply with necessary modifications for the
purposes of subsections (4) and (5) as they apply for the purposes of that
Schedule.
7. In this section—
• “compatibility issue” has the meaning given by section 288ZA of the
Criminal Procedure (Scotland) Act 1995,
• “intimation” includes notice,
• “the appropriate law officer” means—
a. in relation to proceedings in Scotland, the Advocate General,
b. in relation to proceedings in England and Wales, the Attorney General,
c. in relation to proceedings in Northern Ireland, the Advocate General
for Northern Ireland.
103. The Judicial Committee
[Repealed]
Subheading 8: Supplementary powers
104. Power to make provision consequential on legislation
of, or scrutinised by, the Parliament
1. Subordinate legislation may make such provision as the person making the
legislation considers necessary or expedient in consequence of any provision
made by or under any Act of the Scottish Parliament or made by legislation
mentioned in subsection (2).
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
2. The legislation is subordinate legislation under an Act of Parliament made by—
a. a member of the Scottish Executive,
b. a Scottish public authority with mixed functions or no reserved functions,
or
c. any other person (not being a Minister of the Crown) if the function of
making the legislation is exercisable within devolved competence.
3. For the purposes of subsection (2)(c), the function of Her Majesty of making an
Order in Council under section 15(1) or (2) (power to specify persons
disqualified from membership of the Parliament) is to be regarded as being
exercisable within devolved competence.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 358
• Powers of cabinet 105. Power to make provision consequential on this Act
• Head of state powers
• Advisory bodies to the head of state
Subordinate legislation may make such modifications in any pre-commencement
enactment or prerogative instrument or any other instrument or document as
appear to the person making the legislation necessary or expedient in consequence
of this Act.
• Powers of cabinet 106. Power to adapt functions
• Head of state powers
• Advisory bodies to the head of state
1. Subordinate legislation may make such provision (including, in particular,
provision modifying a function exercisable by a Minister of the Crown) as the
person making the legislation considers appropriate for the purpose of enabling
or otherwise facilitating the transfer of a function to the Scottish Ministers by
virtue of section 53 or 63.
2. Subordinate legislation under subsection (1) may, in particular, provide for any
function which—
a. is not exercisable separately in or as regards Scotland to be so exercisable,
or
b. is not otherwise exercisable separately within devolved competence to be
so exercisable.
3. The reference in subsection (1) to the transfer of a function to the Scottish
Ministers shall be read as including the sharing of a function with the Scottish
Ministers or its other adaptation.
4. No recommendation shall be made to Her Majesty in Council to make, and no
Minister of the Crown shall make, subordinate legislation under this section
which modifies a function of observing or implementing an obligation mentioned
in subsection (5) unless the Scottish Ministers have been consulted about the
modification.
• International law
• International organizations
5. The obligation is an international obligation, or an obligation under EU law, to
achieve a result defined by reference to a quantity (whether expressed as an
amount, proportion or ratio or otherwise), where 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 includes the whole or part of
Scotland).
• International law
• International organizations
6. If subordinate legislation under this section modifies a function of observing or
implementing such an international obligation so that the function to be
transferred to the Scottish Ministers relates only to achieving so much of the
result to be achieved under the obligation as is specified in the legislation,
references in section 58 to the international obligation are to be read as
references to the requirement to achieve that much of the result.
• International law
7. If subordinate legislation under this section modifies a function of observing or
implementing such an obligation under EU law so that the function to be
transferred to the Scottish Ministers relates only to achieving so much of the
result to be achieved under the obligation as is specified in the legislation,
references in sections 29(2)(d) and 57(2) and paragraph 1 of Schedule 6 to EU
law are to be read as including references to the requirement to achieve that
much of the result.
• International organizations
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 359
107. Legislative power to remedy ultra vires acts
Subordinate legislation may make such provision as the person making the
legislation considers necessary or expedient in consequence of—
a. an Act of the Scottish Parliament or any provision of an Act of the Scottish
Parliament which is not, or may not be, within the legislative competence of
the Parliament, or
b. any purported exercise by a member of the Scottish Executive of his
functions which is not, or may not be, an exercise or a proper exercise of
those functions.
108. Agreed redistribution of functions exercisable by the
Scottish Ministers etc
1. Her Majesty may by Order in Council provide for any functions exercisable by a
member of the Scottish Executive to be exercisable—
• Head of state powers
• Advisory bodies to the head of state
a. by a Minister of the Crown instead of by the member of the Scottish
Executive,
b. by a Minister of the Crown concurrently with the member of the Scottish
Executive, or
c. by the member of the Scottish Executive only with the agreement of, or
after consultation with, a Minister of the Crown.
2. Where an Order is made under subsection (1)(a) or (b) in relation to a function of
the Scottish Ministers, the First Minister or the Lord Advocate which is
exercisable only with the agreement of, or after consultation with, any other of
those persons, the function shall, unless the Order provides otherwise, be
exercisable by the Minister of the Crown free from any such requirement.
3. An Order under this section may, in particular, provide for any function
exercisable by a Minister of the Crown by virtue of an Order under subsection
(1)(a) or (b) to be exercisable subject to a requirement for the function to be
exercised with the agreement of, or after consultation with, another person.
4. This section does not apply to any retained functions of the Lord Advocate
which fall within section 52(6)(a).
• Head of state powers 109. Agreed redistribution of property and liabilities
• Advisory bodies to the head of state
1. Her Majesty may by Order in Council provide—
a. for the transfer to a Minister of the Crown or government department of
any property belonging to the Scottish Ministers or the Lord Advocate, or
b. for a Minister of the Crown or government department to have such rights
or interests in relation to any property belonging to the Scottish Ministers
or the Lord Advocate as Her Majesty considers appropriate (whether in
connection with a transfer or otherwise).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 360
2. Her Majesty may by Order in Council provide for the transfer to a Minister of
the Crown or government department of any liabilities to which the Scottish
Ministers or the Lord Advocate are subject.
3. An Order in Council under this section may only be made in connection with any
transfer or sharing of functions of a member of the Scottish Executive by virtue
of section 108 or in any other circumstances in which Her Majesty considers it
appropriate to do so for the purposes of this Act.
110. Scottish taxpayers for social security purposes
1. The Secretary of State may by order provide for individuals of any description
specified in the order to be treated for the purposes of any of the matters that
are reserved matters by virtue of Head F of Part II of Schedule 5 as if they were,
or were not, Scottish taxpayers.
2. The Secretary of State may by order provide in relation to any year of
assessment that, for those purposes, the basic rate, higher rate or additional rate
in relation to the income of Scottish taxpayers shall be treated as being such rate
as is specified in the order (instead of the rate calculated under section 6(2B) of
the Income Tax Act 2007).
3. An order under this section may apply in respect of any individuals whether or
not they have a close connection with Scotland.
4. In this section “Scottish taxpayer” has the same meaning as in Subheading 2 of
Part 4A.
111. Regulation of Tweed and Esk fisheries
1. Her Majesty may by Order in Council make provision for or in connection with
the conservation, management and exploitation of salmon, trout, eels, lampreys,
smelt, shad and freshwater fish in the Border rivers.
• Head of state powers
• Advisory bodies to the head of state
•
•
Head of state powers
Advisory bodies to the head of state 2. An Order under subsection (1) may—
a. exclude the application of section 53 in relation to any Border rivers
function,
b. confer power to make subordinate legislation.
•
•
Head of state powers
Advisory bodies to the head of state 3. In particular, provision may be made by such an Order—
a. conferring any function on a Minister of the Crown, the Scottish Ministers
or a public body in relation to the Border rivers,
b. for any Border rivers function exercisable by any person to be exercisable
instead by a person (or another person) mentioned in paragraph (a),
c. for any Border rivers function exercisable by any person to be exercisable
concurrently or jointly with, or with the agreement of or after consultation
with, a person (or another person) mentioned in paragraph (a).
4. In this section—
• “the Border rivers” means the Rivers Tweed and Esk,
• “Border rivers function” means a function conferred by any enactment, so
far as exercisable in relation to the Border rivers,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 361
• “conservation”, in relation to salmon, trout, eels, lampreys, smelt, shad and
freshwater fish, includes the protection of their environment,
• “eels”, “fish”, “freshwater fish”, “salmon”, “smelt” and “trout” have the same
meanings as in the Salmon and Freshwater Fisheries Act 1975 (as amended
by the Marine and Coastal Access Act 2009),
• “the River Tweed” means the Tweed district (as defined in article 2(1) of the
Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913)).
• “the River Esk” means the river of that name which, for part of its length,
constitutes the border between England and Scotland including—
a. its tributary streams (which for this purpose include the River Sark and
its tributary streams), and
b. such waters on the landward side of its estuary limits as are
determined by an Order under subsection (1),
together with its banks;
• and references to the Border rivers include any part of the Border rivers.
5. An Order under subsection (1) may modify the definitions in subsection (4) of
the River Tweed and the River Esk.
• Constitution amendment procedure
• Head of state powers
• Advisory bodies to the head of state
6. An Order under subsection (1) may amend that subsection so as to—
a. add any description of fish to it, or
b. remove any description of fish from it.
Part VI: Supplementary
Subheading 1: Subordinate legislation
112. Subordinate legislation: general
1. Any power to make subordinate legislation conferred by this Act shall, if no
other provision is made as to the person by whom the power is exercisable, be
exercisable by Her Majesty by Order in Council or by a Minister of the Crown by
order.
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
•
•
Head of state powers
Advisory bodies to the head of state 2. But the power to make subordinate legislation under section 129(1) providing—
a. for the appropriation of sums forming part of the Scottish Consolidated
Fund, or
b. for sums received by any person to be appropriated in aid of sums
appropriated as mentioned in paragraph (a),
shall be exercisable only by Her Majesty by Order in Council.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 362
3. References in this Act to an open power are to a power to which subsection (1)
applies (and include a power to make subordinate legislation under section
129(1) whether or not the legislation makes provision as mentioned in
subsection (2)).
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
4. An Order in Council under an open power may revoke, amend or re-enact an
order, as well as an Order in Council, under the power; and an order under an
open power may revoke, amend or re-enact an Order in Council, as well as an
order, under the power.
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
5. Any power to make subordinate legislation conferred by this Act shall, in
relation to its exercise by a Minister of the Crown or a member of the Scottish
Executive, be exercisable by statutory instrument.
6. Section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp
10) (functions exercisable by Scottish statutory instrument) applies to the
function of making an Order in Council under section 15(1) or (2).
• Powers of cabinet 113. Subordinate legislation: scope of powers
• Head of state powers
• Advisory bodies to the head of state
1. References in this section to a power are to an open power and to any other
power to make subordinate legislation conferred by this Act which is exercisable
by Her Majesty in Council or by a Minister of the Crown, and include a power as
extended by this section.
1A. Subsections (2) to (11), except subsection (9), apply also to the power of the
Scottish Ministers to make an order under section 12.
2. A power may be exercised so as to make different provision for different
purposes.
3. A power (as well as being exercisable in relation to all cases to which it extends)
may be exercised in relation to—
a. those cases subject to specified exceptions, or
b. any particular case or class of case.
4. A power includes power to make—
a. any supplementary, incidental or consequential provision, and
b. any transitory, transitional or saving provision,
which the person making the legislation considers necessary or expedient.
5. A power may be exercised by modifying—
a. any enactment or prerogative instrument,
b. any other instrument or document,
if the subordinate legislation (or a statutory instrument containing it) would be
subject to any of the types of procedure referred to in Schedule 7.
6. But a power to modify enactments does not (unless otherwise stated) extend to
making modifications of this Act or subordinate legislation under it.
• Constitution amendment procedure
7. A power may be exercised so as to make provision for the delegation of
functions.
8. A power includes power to make provision for sums to be payable out of the
Scottish Consolidated Fund or charged on the Fund.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 363
9. A power includes power to make provision for the payment of sums out of
money provided by Parliament or for sums to be charged on and paid out of the
Consolidated Fund.
9A. A power may not be exercised so as to create any criminal offence punishable
with any of the penalties specified for the offence in subsection (9B) or (10).
9B. In relation to Scotland, the specified penalties are—
a. where the offence is triable on summary complaint only, imprisonment for
a period exceeding 12 months and a fine exceeding level 5 on the standard
scale,
b. where an offence triable either on indictment or on summary complaint is
tried on summary complaint, imprisonment for a period exceeding 12
months and a fine exceeding the statutory maximum,
c. where the offence is tried on indictment, imprisonment for a period
exceeding two years.
10. In relation to England and Wales and Northern Ireland, the specified penalties
are—
a. where the offence is tried summarily, imprisonment for a period exceeding
three months and a fine exceeding—
i. in the case of a summary offence, level 5 on the standard scale,
ii. in the case of an offence triable either way, the statutory maximum,
b. where the offence is tried on indictment, imprisonment for a period
exceeding two years.
11. The fact that a power is conferred does not prejudice the extent of any other
power.
12. Her Majesty may by Order in Council amend subsection (9B) or (10) so as to
change—
• Constitution amendment procedure
a. any period of imprisonment specified there, or
b. the amount of any fine so specified.
• Powers of cabinet 114. Subordinate legislation: particular provisions
• Head of state powers
• Advisory bodies to the head of state
1. A power to make subordinate legislation conferred by any of the following
provisions of this Act may be exercised by modifying any enactment comprised
in or made under this Act (except Schedules 4 and 5): sections 66(5), 89, 104,
107, 108 and 129(1).
2. The reference in subsection (1) to a power to make subordinate legislation
includes a power as extended by section 113.
3. A power to make subordinate legislation conferred by any of the following
provisions of this Act may be exercised so as to make provision having
retrospective effect: sections 30, 58(4), 104 and 107.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 364
115. Subordinate legislation: procedure
1. Schedule 7 (which determines the procedure which is to apply to subordinate
legislation under this Act in relation to each House of Parliament and the
Scottish Parliament) shall have effect.
2. In spite of the fact that that Schedule provides for subordinate legislation under
a particular provision of this Act (or the statutory instrument containing it) to be
subject to any type of procedure in relation to the Parliament, the provision
conferring the power to make that legislation may be brought into force at any
time after the passing of this Act.
3. Accordingly, any subordinate legislation (or the statutory instrument containing
it) made in the exercise of the power in the period beginning with that time and
ending immediately before the principal appointed day is to be subject to such
other type of procedure (if any) as may be specified in subordinate legislation
made under section 129(1).
116. Transfer of property: supplementary
1. This section applies in relation to subordinate legislation under section 60, 62,
90 or 109 or paragraph 2 of Schedule 2.
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
•
•
Powers of cabinet
Head of state powers 2. Any such subordinate legislation may, in particular—
• Advisory bodies to the head of state
a. provide for the creation of rights or interests, or the imposition of liabilities
or conditions, in relation to property transferred, or rights or interests
acquired, by virtue of such legislation,
b. provide for any property, liabilities or conditions to be determined under
such legislation,
c. make provision (other than provision imposing a charge to tax) as to the tax
treatment of anything done by virtue of such legislation.
3. No order shall be made by a Minister of the Crown by virtue of subsection (2)(c),
and no recommendation shall be made to Her Majesty in Council to make an
Order in Council by virtue of subsection (2)(c), without the agreement of the
Treasury.
4. Subordinate legislation to which this section applies shall have effect in relation
to any property or liabilities to which it applies despite any provision (of
whatever nature) which would otherwise prevent, penalise or restrict the
transfer of the property or liabilities.
5. A right of pre-emption, right of irritancy, right of return or other similar right
shall not operate or become exercisable as a result of any transfer of property
by virtue of any subordinate legislation to which this section applies.
6. Any such right shall have effect in the case of any such transfer as if the
transferee were the same person in law as the transferor and as if no transfer of
the property had taken place.
7. Such compensation as is just shall be paid to any person in respect of any such
right which would, apart from subsection (5), have operated in favour of, or
become exercisable by, that person but which, in consequence of the operation
of that subsection, cannot subsequently operate in his favour or (as the case may
be) become exercisable by him.
8. Any compensation payable by virtue of subsection (7) shall be paid by the
transferor or by the transferee or by both.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 365
9. Subordinate legislation under this subsection may provide for the determination
of any disputes as to whether and, if so, how much, compensation is payable by
virtue of subsection (7) and as to the person to whom or by whom it shall be paid.
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
10. Subsections (4) to (9) apply in relation to the creation of rights or interests, or
the doing of anything else, in relation to property as they apply in relation to a
transfer of property; and references to the transferor and transferee shall be
read accordingly.
11. A certificate issued by the Secretary of State that any property or liability has, or
has not, been transferred by virtue of subordinate legislation under section 60
or 62 or paragraph 2 of Schedule 2 shall be conclusive evidence of the transfer
or (as the case may be) the fact that there has not been a transfer.
12. A certificate issued by the Secretary of State and the Scottish Ministers that any
property or liability has, or has not, been transferred by virtue of an Order in
Council under section 90 or 109 shall be conclusive evidence of the transfer or
(as the case may be) the fact that there has not been a transfer.
13. In this section “right of return” means any right under a provision for the return
or reversion of property in specified circumstances.
Subheading 2: General modification of enactments
117. Ministers of the Crown
So far as may be necessary for the purpose or in consequence of the exercise of a
function by a member of the Scottish Executive within devolved competence, any
pre-commencement enactment or prerogative instrument, and any other instrument
or document, shall be read as if references to a Minister of the Crown (however
described) were or included references to the Scottish Ministers.
118. Subordinate instruments
1. Subsection (2) applies in relation to the exercise by a member of the Scottish
Executive within devolved competence of a function to make, confirm or
approve subordinate legislation.
2. If a pre-commencement enactment makes provision—
a. for any instrument or the draft of any instrument made in the exercise of
such a function to be laid before Parliament or either House of Parliament,
b. for the annulment or approval of any such instrument or draft by or in
pursuance of a resolution of either or both Houses of Parliament, or
c. prohibiting the making of such an instrument without that approval,
the provision shall have effect, so far as it relates to the exercise of the function
by a member of the Scottish Executive within devolved competence, as if any
reference in it to Parliament or either House of Parliament were a reference to
the Scottish Parliament.
3. Where—
a. a function of making, confirming or approving subordinate legislation
conferred by a pre-commencement enactment is exercisable by a Scottish
public authority with mixed functions or no reserved functions, and
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 366
b. a pre-commencement enactment makes such provision in relation to the
exercise of the function as is mentioned in subsection (2),the provision shall
have effect, so far as it relates to the exercise of the function by that
authority, as if any reference in it to Parliament or either House of
Parliament were a reference to the Scottish Parliament.
4. Where—
a. a function of making, confirming or approving subordinate legislation
conferred by a pre-commencement enactment is exercisable within
devolved competence by a person other than a Minister of the Crown, a
member of the Scottish Executive or a Scottish public authority with mixed
functions or no reserved functions, and
b. a pre-commencement enactment makes such provision in relation to the
exercise of the function as is mentioned in subsection (2),
the provision shall have effect, so far as it relates to the exercise of the function
by that person within devolved competence, as if any reference in it to
Parliament or either House of Parliament were a reference to the Scottish
Parliament.
5. If a pre-commencement enactment applies the Statutory Instruments Act 1946
as if a function of the kind mentioned in subsection (3) or (4) were exercisable by
a Minister of the Crown, that Act shall apply, so far as the function is exercisable
as mentioned in paragraph (a) of subsection (3) or (as the case may be) (4), as if
the function were exercisable by the Scottish Ministers.
119. Consolidated Fund etc
1. In this section “Scottish functions” means—
a. functions of the Scottish Ministers, the First Minister or the Lord Advocate
which are exercisable within devolved competence,
b. functions of any Scottish public authority with mixed functions or no
reserved functions.
2. Subject to subsections (3) and (5), a provision of a pre-commencement
enactment which—
a. requires or authorises the payment of any sum out of the Consolidated
Fund or money provided by Parliament, or
b. requires or authorises the payment of any sum into the Consolidated Fund,
shall cease to have effect in relation to any Scottish functions.
3. A provision of a pre-commencement enactment which—
a. charges any sum on the Consolidated Fund,
b. requires the payment of any sum out of the Consolidated Fund without
further appropriation, or
c. requires or authorises the payment of any sum into the Consolidated Fund
by a person other than a Minister of the Crown,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 367
shall have effect in relation to any Scottish functions as if it provided for the sum
to be charged on the Scottish Consolidated Fund or required it to be paid out of
that Fund without further approval or required or authorised it to be paid into
that Fund (as the case may be).
4. Subsections (2) and (3) do not apply to the words from the beginning of section
2(3) of the European Communities Act 1972 (general implementation of
Treaties) to “such Community obligation”.
5. A provision of a pre-commencement enactment which authorises any sums to
be applied as money provided by Parliament instead of being paid into the
Consolidated Fund shall have effect in relation to any Scottish functions as if it
authorised those sums to be applied as if they had been paid out of the Scottish
Consolidated Fund in accordance with rules under section 65(1)(c) instead of
being paid into that Fund.
6. Where a power to lend money under a pre-commencement enactment is
exercisable by the Scottish Ministers, subsection (7) applies to any sums which,
for the purpose or as the result of the exercise of the power, would be required
(apart from that subsection)—
a. to be issued by the Treasury out of the National Loans Fund, or
b. to be paid into that Fund.
7. Those sums shall instead—
a. be paid out of the Scottish Consolidated Fund without further approval, or
b. be paid into that Fund,
(as the case may be).
120. Accounts and audit
A provision of a pre-commencement enactment which—
a. requires any account to be examined, certified and reported on by, or to be
open to the inspection of, the Comptroller and Auditor General, or
b. requires him to have access to any other document for carrying out any
such examination,
shall have effect in relation to any Scottish functions (within the meaning of section
119) as if the references to the Comptroller and Auditor General were to the Auditor
General for Scotland.
121. Requirements to lay reports etc. before Parliament
1. This section applies where—
a. a pre-commencement enactment makes provision for any report to be laid
before Parliament or either House of Parliament, and
b. the report concerns Scottish functions.
2. If the report only concerns Scottish functions, it shall be laid instead before the
Scottish Parliament.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 368
3. In any other case, it shall be laid before the Scottish Parliament as well as before
Parliament or (as the case may be) either House of Parliament.
4. In this section—
• “report” includes accounts and any statement,
• “Scottish functions” has the same meaning as in section 119.
122. Crown land
1. In any provision about the application of any pre-commencement enactment to
Crown land—
a. references to a Minister of the Crown or government department shall be
read as including the Scottish Ministers and the Lord Advocate, and
b. references to a Minister of the Crown or government department having
the management of the land shall be read as including any member of the
Scottish Executive having the management of the land.
2. In this section, “Crown land” has the meaning given by section 242 of the Town
and Country Planning (Scotland) Act 1997.
123. Stamp duty
In section 55 of the Finance Act 1987 (Crown exemption from stamp duty)
references to a Minister of the Crown shall be read as including the Scottish
Ministers, the Lord Advocate and the Parliamentary corporation.
• Powers of cabinet 124. Modification of sections 94 and 117 to 122 • Head of state powers
• Advisory bodies to the head of state
1. Subordinate legislation may provide for any provision of sections 94 and 117 to
122 not to apply, or to apply with modifications, in such cases as the person
making the legislation considers appropriate.
2. Subordinate legislation made by Her Majesty in Council or a Minister of the
Crown under this Act may, in connection with any other provision made by the
legislation, also provide for any provision of sections 94 and 117 to 122 not to
apply, or to apply with modifications.
Subheading 3: Amendments and repeals
125. Amendments and repeals
1. Schedule 8 (which makes modifications of enactments) shall have effect.
2. The enactments mentioned in Schedule 9 are repealed to the extent specified in
that Schedule.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 369
Subheading 4: Final provisions
126. Interpretation
1. In this Act—
• “body” includes unincorporated association,
• “constituencies” and “regions”, in relation to the Parliament, mean the
constituencies and regions provided for by Schedule 1,
• “constituency member” means a member of the Parliament for a
constituency,
• “the Convention rights” has the same meaning as in the Human Rights Act
1998,
• “document” means anything in which information is recorded in any form
(and references to producing a document are to be read accordingly),
• “enactment” includes an Act of the Scottish Parliament, Northern Ireland
legislation (within the meaning of the Northern Ireland Act 1998) and an
enactment comprised in subordinate legislation, and includes an enactment
comprised in, or in subordinate legislation under, an Act of Parliament,
whenever passed or made,
• “financial year” means a year ending with 31st March,
• “functions” includes powers and duties, and “confer”, in relation to
functions, includes impose,
• “government department” means any department of the Government of
the United Kingdom,
• International human rights treaties • “the Human Rights Convention” means—
a. the Convention for the Protection of Human Rights and Fundamental
Freedoms, agreed by the Council of Europe at Rome on 4th November
1950, and
b. the Protocols to the Convention,
as they have effect for the time being in relation to the United Kingdom,
• “Minister of the Crown” includes the Treasury,
• “modify” includes amend or repeal,
• “occupational pension scheme”, “personal pension scheme” and “public
service pension scheme” have the meanings given by section 1 of the
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 370
Pension Schemes Act 1993,
• “the Parliament” means the Scottish Parliament,
• “parliamentary”, in relation to constituencies, elections and electors, is to
be taken to refer to the Parliament of the United Kingdom,
• “prerogative instrument” means an Order in Council, warrant, charter or
other instrument made under the prerogative,
• “the principal appointed day” means the day appointed by an order under
section 130 which is designated by the order as the principal appointed day,
• “proceedings”, in relation to the Parliament, includes proceedings of any
committee or sub-committee,
• “property” includes rights and interests of any description,
• “regional member” means a member of the Parliament for a region,
• “Scotland” includes so much of the internal waters and territorial sea of the
United Kingdom as are adjacent to Scotland,
• “Scottish public authority” means any public body (except the
Parliamentary corporation), public office or holder of such an office whose
functions (in each case) are exercisable only in or as regards Scotland,
• “the Scottish zone” means the sea within British fishery limits (that is, the
limits set by or under section 1 of the Fishery Limits Act 1976) which is
adjacent to Scotland,
• “standing orders” means standing orders of the Parliament,
• “subordinate legislation” has the same meaning as in the Interpretation Act
1978 and also includes an instrument made under an Act of the Scottish
Parliament,
• “tribunal” means any tribunal in which legal proceedings may be brought.
2. Her Majesty may by Order in Council determine, or make provision for
determining, for the purposes of this Act any boundary between waters which
are to be treated as internal waters or territorial sea of the United Kingdom, or
sea within British fishery limits, adjacent to Scotland and those which are not.
• Head of state powers
• Advisory bodies to the head of state
3. For the purposes of this Act—
a. the question whether any function of a body, government department,
office or office-holder relates to reserved matters is to be determined by
reference to the purpose for which the function is exercisable, having
regard (among other things) to the likely effects in all the circumstances of
any exercise of the function, but
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 371
b. bodies to which paragraph 3 of Part III of Schedule 5 applies are to be
treated as if all their functions were functions which relate to reserved
matters.
4. References in this Act to Scots private law are to the following areas of the civil
law of Scotland—
a. the general principles of private law (including private international law),
b. the law of persons (including natural persons, legal persons and
unincorporated bodies),
c. the law of obligations (including obligations arising from contract, unilateral
promise, delict, unjustified enrichment and negotiorum gestio),
d. the law of property (including heritable and moveable property, trusts and
succession), and
e. the law of actions (including jurisdiction, remedies, evidence, procedure,
diligence, recognition and enforcement of court orders, limitation of actions
and arbitration),
and include references to judicial review of administrative action.
5. References in this Act to Scots criminal law include criminal offences,
jurisdiction, evidence, procedure and penalties and the treatment of offenders.
6. References in this Act and in any other enactment to the Scottish
Administration are to the office-holders in the Scottish Administration and the
members of the staff of the Scottish Administration.
7. For the purposes of this Act—
a. references to office-holders in the Scottish Administration are to—
i. members of the Scottish Executive and junior Scottish Ministers, and
ii. the holders of offices in the Scottish Administration which are not
ministerial offices, and
b. references to members of the staff of the Scottish Administration are to the
staff of the persons referred to in paragraph (a).
8. For the purposes of this Act, the offices in the Scottish Administration which are
not ministerial offices are—
a. the Registrar General of Births, Deaths and Marriages for Scotland, the
Keeper of the Registers of Scotland and the Keeper of the Records of
Scotland, and
b. any other office of a description specified in an Order in Council made by
Her Majesty under this subsection.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 372
9. In this Act—
a. all those rights, powers, liabilities, obligations and restrictions from time to
time created or arising by or under the EU Treaties, and
b. all those remedies and procedures from time to time provided for by or
under the EU Treaties,are referred to as “EU law”.
10. In this Act, “international obligations” means any international obligations of the
United Kingdom other than obligations to observe and implement EU law or the
Convention rights.
11. In this Act, “by virtue of” includes “by” and “under”.
127. Index of defined expressions
In this Act, the expressions listed in the left-hand column have the meaning given by,
or are to be interpreted in accordance with, the provisions listed in the right-hand
column.
Table
Key: Column 1= Expression; Column 2= Provision of this Act
Row 1
Column 1
Act of the Scottish Parliament
Column 2
Section 28(1)
Row 2
Column 1
Advocate General
Column 2
Section 32(4)
Row 3
Column 1
Auditor General for Scotland
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 373
Column 2
Section 69
Row 4
Column 1
Body
Column 2
Section 126(1)
Row 5
Column 1
By virtue of
Column 2
Section 126(11)
Row 6
Column 1
Clerk, and Assistant Clerk
Column 2
Section 20 and paragraph 3 of Schedule 2
Row 7
Column 1
EU law
Column 2
Section 126(9)
Row 8
Column 1
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 374
Constituencies and constituency member
Column 2
Section 126(1)
Row 9
Column 1
The Convention rights
Column 2
Section 126(1)
Row 10
Column 1
Cross-border public authority
Column 2
Section 88(5)
Row 11
Column 1
Devolved competence (in relation to the exercise of functions)
Column 2
Section 54
Row 11A
Column 1
Devolved tax
Column 2
Section 80A(4)
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 375
Row 12
Column 1
Document
Column 2
Section 126(1)
Row 13
Column 1
Enactment
Column 2
Sections 113(6) and 126(1)
Row 14
Column 1
Financial year
Column 2
Section 126(1)
Row 15
Column 1
Functions
Column 2
Section 126(1)
Row 16
Column 1
Government department
Column 2
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 376
Section 126(1)
Row 17
Column 1
The Human Rights Convention
Column 2
Section 126(1)
Row 18
Column 1
International obligations
Column 2
Section 126(10)
Row 19
Column 1
Legislative competence
Column 2
Section 29
Row 20
Column 1
Member of the Scottish Executive
Column 2
Section 44(1)
Row 21
Column 1
Members of the staff of the Scottish Administration
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 377
Column 2
Section 126(7)
Row 22
Column 1
Minister of the Crown
Column 2
Section 126(1)
Row 23
Column 1
Modify
Column 2
Section 126(1)
Row 24
Column 1
Occupational pension scheme, personal pension scheme and public service pension
scheme
Column 2
Section 126(1)
Row 25
Column 1
Office-holders in the Scottish Administration
Column 2
Section 126(7)
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 378
Row 26
Column 1
Offices in the Scottish Administration which are not ministerial offices
Column 2
Section 126(8)
Row 27
Column 1
Open power
Column 2
Section 112(3)
Row 28
Column 1
The Parliament
Column 2
Section 126(1)
Row 29
Column 1
“parliamentary” (in relation to constituencies, elections and electors)
Column 2
Section 126(1)
Row 30
Column 1
The Parliamentary corporation
Column 2
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 379
Section 21(1)
Row 31
Column 1
Pre-commencement enactment
Column 2
Section 53(3)
Row 32
Column 1
Prerogative instrument
Column 2
Section 126(1)
Row 33
Column 1
Presiding Officer
Column 2
Section 19
Row 34
Column 1
Principal appointed day
Column 2
Section 126(1)
Row 35
Column 1
Proceedings
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 380
Column 2
Section 126(1)
Row 36
Column 1
Property
Column 2
Section 126(1)
Row 37
Column 1
Regional list (in relation to a party)
Column 2
Section 5(4)
Row 38
Column 1
Regional returning officer
Column 2
Section 12(6)
Row 39
Column 1
Regional vote
Column 2
Section 6(2)
Row 40
Column 1
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 381
Regions and regional member
Column 2
Section 126(1)
Row 41
Column 1
Registered political party
Column 2
Section 5(9)
Row 42
Column 1
Reserved matters
Column 2
Schedule 5
Row 43
Column 1
Retained functions (in relation to the Lord Advocate)
Column 2
Section 52(6)
Row 44
Column 1
Scotland
Column 2
Section 126(1) and (2)
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 382
Row 45
Column 1
Scots criminal law
Column 2
Section 126(5)
Row 46
Column 1
Scots private law
Column 2
Section 126(4)
Row 47
Column 1
Scottish Administration
Column 2
Section 126(6)
Row 48
Column 1
Scottish Ministers
Column 2
Section 44(2)
Row 49
Column 1
Scottish public authority
Column 2
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 383
Section 126(1)
Row 50
Column 1
Scottish public authority with mixed functions or no reserved functions
Column 2
Paragraphs 1 and 2 of Part III of Schedule 5
Row 51
Column 1
Scottish Seal
Column 2
Section 2(6)
Row 52
Column 1
The Scottish zone
Column 2
Section 126(1)
Row 53
Column 1
Staff of the Parliament
Column 2
Paragraph 3 of Schedule 2
Row 54
Column 1
Standing orders
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 384
Column 2
Section 126(1)
Row 55
Column 1
Subordinate legislation
Column 2
Section 126(1)
Row 56
Column 1
Tribunal
Column 2
Section 126(1)
128. Expenses
1. There shall be paid out of money provided by Parliament—
a. any expenditure incurred by a Minister of the Crown by virtue of this Act,
and
b. any increase attributable to this Act in the sums payable out of money so
provided under any other enactment.
2. There shall be paid into the Consolidated Fund any sums received by a Minister
of the Crown by virtue of this Act which are not payable into the National Loans
Fund.
• Transitional provisions 129. Transitional provisions etc
1. Subordinate legislation may make such provision as the person making the
legislation considers necessary or expedient for transitory or transitional
purposes in connection with the coming into force of any provision of this Act.
• Powers of cabinet
• Head of state powers
• Advisory bodies to the head of state
2. If any of the following provisions come into force before the Human Rights Act
1998 has come into force (or come fully into force), the provision shall have
effect until the time when that Act is fully in force as it will have effect after that
time: sections 29(2)(d), 57(2) and (3), 100 and 126(1) and Schedule 6.
130. Commencement
1. Sections 19 to 43, Parts II to V, sections 117 to 124 and section 125 (except so
far as relating to paragraphs 10, 11, 19 and 23(1) and (6) of Schedule 8) shall
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 385
come into force on such day as the Secretary of State may by order appoint.
2. Different days may be appointed under this section for different purposes.
131. Extent
Section 25 extends only to Scotland.
132. Short title
This Act may be cited as the Scotland Act 1998.
Schedules
Schedules 1-4: [Schedules 1-4 omitted due to length - full
text of schedules can be found online at
http://www.legislation.gov.uk/ukpga/1998/46/schedules]
• First chamber reserved policy areas Schedule 5: Reserved matters
• Second chamber reserved policy areas
Part I: General reservations
Subheading 1: The Constitution
1. The following aspects of the constitution are reserved matters, that is—
a. the Crown, including succession to the Crown and a regency,
b. the Union of the Kingdoms of Scotland and England,
c. the Parliament of the United Kingdom,
d. the continued existence of the High Court of Justiciary as a criminal court
of first instance and of appeal,
e. the continued existence of the Court of Session as a civil court of first
instance and of appeal.
2.
1. Paragraph 1 does not reserve—
a. Her Majesty’s prerogative and other executive functions,
b. functions exercisable by any person acting on behalf of the Crown, or
c. any office in the Scottish Administration.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 386
2. Sub-paragraph (1) does not affect the reservation by paragraph 1 of
honours and dignities or the functions of the Lord Lyon King of Arms so far
as relating to the granting of arms; but this sub-paragraph does not apply to
the Lord Lyon King of Arms in his judicial capacity.
3. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the
management (in accordance with any enactment regulating the use of land)
of the Crown Estate.
4. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the
functions of the Security Service, the Secret Intelligence Service and the
Government Communications Headquarters.
5. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the
functions exercisable through the Export Credits Guarantee Department.
3.
1. Paragraph 1 does not reserve property belonging to Her Majesty in right of
the Crown or belonging to any person acting on behalf of the Crown or held
in trust for Her Majesty for the purposes of any person acting on behalf of
the Crown.
2. Paragraph 1 does not reserve the ultimate superiority of the Crown or the
superiority of the Prince and Steward of Scotland.
3. Sub-paragraph (1) does not affect the reservation by paragraph 1 of—
a. the hereditary revenues of the Crown, other than revenues from bona
vacantia, ultimus haeres and treasure trove,
b. the royal arms and standard,
c. the compulsory acquisition of property held or used by a Minister of
the Crown or government department.
4.
1. Paragraph 1 does not reserve property held by Her Majesty in Her private
capacity.
2. Sub-paragraph (1) does not affect the reservation by paragraph 1 of the
subject-matter of the Crown Private Estates Acts 1800 to 1873.
5. Paragraph 1 does not reserve the use of the Scottish Seal.
5A.
1. Paragraph 1 does not reserve a referendum on the independence of
Scotland from the rest of the United Kingdom if the following requirements
are met.
2. The date of the poll at the referendum must not be the date of the poll at
any other referendum held under provision made by the Parliament.
3. The date of the poll at the referendum must be no later than 31st
December 2014.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 387
4. There must be only one ballot paper at the referendum, and the ballot
paper must give the voter a choice between only two responses.
Subheading 2: Political parties
6. The registration and funding of political parties is a reserved matter but this
paragraph does not reserve making payments to any political party for the
purpose of assisting members of the Parliament who are connected with the
party to perform their Parliamentary duties.
Subheading 3: Foreign affairs etc
7.
1. International relations, including relations with territories outside the
United Kingdom, the European Union (and their institutions) and other
international organisations, regulation of international trade, and
international development assistance and co-operation are reserved
matters.
• International organizations
2. Sub-paragraph (1) does not reserve—
a. observing and implementing international obligations, obligations
under the Human Rights Convention and obligations under EU law,
b. assisting Ministers of the Crown in relation to any matter to which that
sub-paragraph applies.
Subheading 4: Public service
8.
1. The Civil Service of the State is a reserved matter.
2. Sub-paragraph (1) does not reserve the subject-matter of—
a. Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927
(appointment of sheriff clerks and procurators fiscal etc.),
b. Part III of the Administration of Justice (Scotland) Act 1933 (officers of
the High Court of Justiciary and of the Court of Session).
Subheading 5: Defence
9.
1. The following are reserved matters—
a. the defence of the realm,
b. the naval, military or air forces of the Crown, including reserve forces,
c. visiting forces,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 388
d. international headquarters and defence organisations,
e. trading with the enemy and enemy property.
2. Sub-paragraph (1) does not reserve—
a. the exercise of civil defence functions by any person otherwise than as
a member of any force or organisation referred to in sub-paragraph
(1)(b) to (d) or any other force or organisation reserved by virtue of
sub-paragraph (1)(a),
b. the conferral of enforcement powers in relation to sea fishing.
Subheading 6: Treason
10. Treason (including constructive treason), treason felony and misprision of
treason are reserved matters.
Part II: Specific reservations
Subheading 1: Preliminary
1. The matters to which any of the Sections in this Part apply are reserved matters
for the purposes of this Act.
2. A Section applies to any matter described or referred to in it when read with any
illustrations, exceptions or interpretation provisions in that Section.
3. Any illustrations, exceptions or interpretation provisions in a Section relate only
to that Section (so that an entry under the heading “exceptions” does not affect
any other Section).
Subheading 2: Reservations
Head A: Financial and Economic Matters
• Finance bills A1. Fiscal, economic and monetary policy
• Spending bills
• Tax bills
Section A1
Fiscal, economic and monetary policy, including the issue and circulation of money,
taxes and excise duties, government borrowing and lending, control over United
Kingdom public expenditure, the exchange rate and the Bank of England.
Exceptions
• Devolved taxes, including their collection and management.
• Local taxes to fund local authority expenditure (for example, council tax
and non-domestic rates).
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 389
A2. The currency
Section A2
Coinage, legal tender and bank notes.
A3. Financial services
Section A3
Financial services, including investment business, banking and deposit-taking,
collective investment schemes and insurance.
Exception
The subject-matter of section 1 of the Banking and Financial Dealings Act 1971
(bank holidays).
A4. Financial markets
Section A4
Financial markets, including listing and public offers of securities and investments,
transfer of securities and insider dealing.
A5. Money laundering
Section A5
The subject-matter of the Money Laundering Regulations 1993, but in relation to
any type of business.
Head B: Home Affairs
B1. Misuse of drugs
Section B1
The subject-matter of—
a. the Misuse of Drugs Act 1971,
b. sections 12 to 14 of the Criminal Justice (International Co-operation) Act
1990 (substances useful for manufacture of controlled drugs), and
c. Part V of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug
trafficking) and, so far as relating to drug trafficking, the Proceeds of Crime
(Scotland) Act 1995.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 390
B2. Data protection
Section B2
The subject-matter of—
a. the Data Protection Act 1998, and
b. Council Directive 95/46/EC (protection of individuals with regard to the
processing of personal data and on the free movement of such data).
Interpretation
If any provision of the Data Protection Act 1998 is not in force on the principal
appointed day, it is to be treated for the purposes of this reservation as if it were.
B3. Elections
Section B3
• Elections for membership of the House of Commons, the European
Parliament and the Parliament, including the subject-matter of—
a. the European Parliamentary Elections Act 2002.
b. the Representation of the People Act 1983 and the Representation of
the People Act 1985, and
c. the Parliamentary Constituencies Act 1986,
so far as those enactments apply, or may be applied, in respect of such membership.
• The franchise at local government elections.
Interpretation
Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of the
European Parliamentary Elections Act 2002; and the reference to the
subject-matter of that Act is to be construed as a reference to it as at the date that
Act received Royal Assent.
B4. Firearms
Section B4
The subject-matter of the Firearms Acts 1968 to 1997.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 391
Exception
The regulation of air weapons within the meaning given by section 1(3)(b) of the
Firearms Act 1968 (which is subject to the following which remain powers of the
Secretary of State—
a. the power to make rules under section 53 of that Act for the purposes of
that provision (specially dangerous weapons requiring firearms certificate),
and
b. the power to make an order under section 1(4) of the Firearms
(Amendment) Act 1988 (specially dangerous weapons to be prohibited)).
B5. Entertainment
Section B5
• The subject-matter of—
a. the Video Recordings Act 1984, and
b. sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of
exhibitions).
• The classification of films for public exhibition by reference to their
suitability for viewing by persons generally or above a particular age, with
or without any advice as to the desirability of parental guidance.
B6. Immigration and nationality
Section B6
Nationality; immigration, including asylum and the status and capacity of persons in
the United Kingdom who are not British citizens; free movement of persons within
the European Economic Area; issue of travel documents.
B7. Scientific procedures on live animals
Section B7
The subject-matter of the Animals (Scientific Procedures) Act 1986.
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 392
B8. National security, interception of communications,
official secrets and terrorism
Section B8
• National security.
• The interception of communications; but not
a. the interception of any communication made to or by a person
detained at a place of detention, if the communicationi. is a written communication and is intercepted there, or
ii. is intercepted in the course of its transmission by means of a
private telecommunication system running there,
b. the subject matter of Part III of the Police Act 1997 (authorisation to
interfere with property etc.) or surveillance not involving interference
with property.
• The subject-matter of—
a. the Official Secrets Acts 1911 and 1920, and
b. the Official Secrets Act 1989, except so far as relating to any
information, document or other article protected against disclosure by
section 4(2) (crime) and not by any other provision of sections 1 to 4.
• Special powers, and other special provisions, for dealing with terrorism. • Terrorism
Interpretation
• “Place of detention” means a prison, young offenders institution, remand
centre or legalised police cell (as those expressions are defined for the
purposes of the Prisons (Scotland) Act 1989 or a hospital (within the
meaning of the given in section 329(1) of the Mental Health (Care and
Treatment) (Scotland) Act 2003; and “person detained”, in relation to a
hospital, means a person detained there under–
a. section 24, 25 or 70 of the Mental Health (Scotland) Act 1984;
b. Part 6 of the Criminal Procedure (Scotland) Act 1995;
c. the Mental Health (Care and Treatment) (Scotland) Act 2003; or
d. regulations under–
i. subsection (3) of section 116B of the Army Act 1955;
ii. subsection (3) of section 116B of the Air Force Act 1955; or
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 393
iii. section 63B of the Naval Discipline Act 1957.
• “Private telecommunication system” has the meaning given in section 2(1)
of the Regulation of Investigatory Powers Act 2000.
B9. Betting, gaming and lotteries
Section B9
Betting, gaming and lotteries.
B10. Emergency powers
Section B10
Emergency powers.
B11. Extradition
Section B11
Extradition.
B12. Lieutenancies
Section B12
The subject-matter of the Lieutenancies Act 1997.
B13. Access to information
Section B13
Public access to information held by public bodies or holders of public offices
(including government departments and persons acting on behalf of the Crown).
Exception
Information held by–
a. the Parliament,
b. any part of the Scottish Administration,
c. the Parliamentary corporation,
d. any Scottish public authority with mixed functions or no reserved
functions,
constituteproject.org PDF generated: 04 Feb 2020, 23:54
United Kingdom 1215 (rev. 2013) Page 394
unless supplied by a Minister of the Crown or government department and held in
confidence.
Head C: Trade and Industry
C1. Business associations
Section C1
The creation, operation, regulation and dissolution of types of business association.
Exceptions
The creation, operation, regulation and dissolution of—
a. particular public bodies, or public bodies of a particular type, established by
or under any enactment, and
b. charities.
Interpretation
“Business association” means any person (other than an individual) established for
the purpose of carrying on any kind of business, whether or not for profit; and
“business” includes the provision of benefits to the members of an association.
C2. Insolvency
Section C2
• In relation to business associations—
a. the modes of, the grounds for and the general legal effect of winding
up, and the persons who may initiate winding up,
b. liability to contribute to assets on winding up,
c. powers of c