Constitutional Reform Act 2005 (c. 4)

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Constitutional Reform Act 2005

2005 CHAPTER 4

CONTENTS

Go to Preamble

  1. Part 1

    The rule of law

    1. 1. The rule of law

  2. Part 2

    Arrangements to modify the office of Lord Chancellor

    1. Qualifications for office of Lord Chancellor

      1. 2. Lord Chancellor to be qualified by experience

    2. Continued judicial independence

      1. 3. Guarantee of continued judicial independence

      2. 4. Guarantee of continued judicial independence: Northern Ireland

    3. Representations by senior judges

      1. 5. Representations to Parliament

      2. 6. Representations to the Northern Ireland Assembly

    4. Judiciary and courts in England and Wales

      1. 7. President of the Courts of England and Wales

      2. 8. Head and Deputy Head of Criminal Justice

      3. 9. Head and Deputy Head of Family Justice

    5. Judiciary and courts in Northern Ireland

      1. 10. The Lord Chancellor and Northern Ireland courts

      2. 11. Lord Chief Justice of Northern Ireland

    6. Other provisions about the judiciary and courts

      1. 12. Powers to make rules

      2. 13. Powers to give directions

      3. 14. Transfer of appointment functions to Her Majesty

      4. 15. Other functions of the Lord Chancellor and organisation of the courts

      5. 16. Functions of the Lord Chief Justice during vacancy or incapacity

    7. Lord Chancellor´s oath

      1. 17. Lord Chancellor´s oath

    8. Speakership of the House of Lords

      1. 18. Speakership of the House of Lords

    9. Functions subject to transfer, modification or abolition

      1. 19. Transfer, modification or abolition of functions by order

      2. 20. Protected functions not transferable under Ministers of the Crown Act 1975

      3. 21. Amendment of Schedule 7

    10. Supplementary

      1. 22. Transfers: supplementary

  3. Part 3

    The Supreme Court

    1. The Supreme Court

      1. 23. The Supreme Court

      2. 24. First members of the Court

    2. Appointment of judges

      1. 25. Qualification for appointment

      2. 26. Selection of members of the Court

      3. 27. Selection process

      4. 28. Report

      5. 29. The Lord Chancellor´s options

      6. 30. Exercise of powers to reject or require reconsideration

      7. 31. Selection following rejection or requirement to reconsider

    3. Terms of appointment

      1. 32. Oath of allegiance and judicial oath

      2. 33. Tenure

      3. 34. Salaries and allowances

      4. 35. Resignation and retirement

      5. 36. Medical retirement

      6. 37. Pensions

    4. Acting judges

      1. 38. Acting judges

      2. 39. Supplementary panel

    5. Jurisdiction, relation to other courts etc

      1. 40. Jurisdiction

      2. 41. Relation to other courts etc

    6. Composition for proceedings

      1. 42. Composition

      2. 43. Changes in composition

    7. Practice and procedure

      1. 44. Specially qualified advisers

      2. 45. Making of rules

      3. 46. Procedure after rules made

      4. 47. Photography etc

    8. Staff and resources

      1. 48. Chief executive

      2. 49. Officers and staff

      3. 50. Accommodation and other resources

      4. 51. System to support Court in carrying on business

    9. Fees

      1. 52. Fees

      2. 53. Fees: supplementary

    10. Annual report

      1. 54. Annual report

    11. Supplementary

      1. 55. Seal

      2. 56. Records of the Supreme Court

      3. 57. Proceedings under jurisdiction transferred to the Supreme Court

      4. 58. Northern Ireland Act 1998: excepted and reserved matters relating to the Supreme Court

      5. 59. Renaming of Supreme Courts of England and Wales and Northern Ireland

      6. 60. Interpretation of Part 3

  4. Part 4

    Judicial appointments and discipline

    1. Chapter 1

      Commission and Ombudsman

      1. 61. The Judicial Appointments Commission

      2. 62. Judicial Appointments and Conduct Ombudsman

    2. Chapter 2

      Appointments

      1. General provisions

        1. 63. Merit and good character

        2. 64. Encouragement of diversity

        3. 65. Guidance about procedures

        4. 66. Guidance: supplementary

      2. Lord Chief Justice…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.