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The Constitutional Reform Act 2005 (2005 c. 4) is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. It provides for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords and some powers of the Judicial Committee of the Privy Council, and remove the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.
Full title of the Act
The long title of the Act is:
- An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.
Legislative history
The Bill was originally introduced in the House of Lords on February 24 2004, and proposed the following, much broader, changes:
- Abolition of the office of "Lord High Chancellor of Great Britain", generally known as the Lord Chancellor.
- Setting up of a "Supreme Court of the United Kingdom" and moving the Law Lords out of the House of Lords to this new court.
- Other measures relating to the judiciary, including changes to the position of the Lord Chief Justice and changes to the Privy Council's Judicial Committee.
The Bill caused much controversy and the Lords made amendments to it. The final Act keeps the post of Lord Chancellor, though its role in relation to the judiciary is greatly reduced and the office holder is no longer automatically Speaker of the House of Lords. Another major change is that the Lord Chancellor can now be from either the House of Commons or the House of Lords. Other measures remain generally the same as stated above though.
The newly created Cabinet position of Secretary of State for Constitutional Affairs (originally created to wholly replace the Lord Chancellor's executive function) will continue, although the holder of that Cabinet post will likely also hold the ancient office of Lord Chancellor too. The Lord Chancellor will remain as the custodian of the Great Seal (the Bill originally intended to put this into commission).
The Bill was approved by both Houses on March 21, 2005, and received Royal Assent on March 24.
Changes resulting from the Act
Following the passage of the Act, the House of Lords made new arrangements for the speakership of the House, as the Lord Chancellor will no longer be automatically speaker. The Speaker will take the title Lord Speaker, whether a man or a woman. The number of deputy speakers are to be reduced from 25 to 12. The system of deputy Speakers is also expected to be reformed. These decisions will be taken by the House of Lords for itself.
The new Supreme Court will need a new building, separate from the Houses of Parliament where the House of Lords currently sits to exercise its judicial functions. The Act gives time for a suitable building to be found and fitted out before the Law Lords move out of the Palace of Westminster. After a lengthy survey of suitable sites, including Somerset House, it was decided that the location for the new court will be Middlesex Guildhall, in Parliament Square, Westminster, which is currently a Crown court. Lord Foster was chosen to make the necessary alterations. The building is expected to reopen after renovation in 2008.
Motivation
The office of Lord Chancellor will be reformed to remove his ability to act as both a government minister and a judge. This is motivated in part by concerns that the historical admixture of legislative, judicial, and executive power, may not be in conformance with the requirements of the European Convention on Human Rights, because a judicial officer, having legislative or executive power, is likely not to be considered sufficiently impartial to provide a fair trial.
External links
- The full text of the Act, from OPSI
- House of Common Reports on Bills January 2005 Scroll halfway down the page for this Bill's two reports.
- Department for Constitutional Affairs The official website of the Department of Constitutional Affairs, which includes a section on constitutional reform in the UK.
- * The election and role of the new Lord Speaker of the House of Lords
United Kingdom Acts of Parliament 2005 | Government of the United Kingdom | Constitutional laws of the United Kingdom
"Constitutional Reform Act 2005"