Section 5 Attendance of certain number of Lords of Appeal required at hearing and determination of appeals.C2C1
United Kingdom
An appeal shall not be heard and determined by the House of Lords unless there are present at such hearing and determination not less than three of the following persons, in this Act designated Lords of Appeal; that is to say,
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Lords of Appeal in Ordinary to be appointed as in this Act mentioned; and
Such Peers of Parliament as are for the time being holding or have held any of the offices in this Act described as high judicial officesF2but this section is subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (prohibition on participating in the hearing and determination of appeals after attaining the age of seventy-five years, except for the purpose of completing proceedings already begun).
Annotations
Textual amendments
- F1
S. 5(1) omitted (3.4.2006) by virtue of The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 2
- F2
Words added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.2; S.I. 1995/631, art. 2
Modifications
- C1
S. 5 applied (1.4.2004) by Extradition Act 2003 (c. 41), ss. 32(11), 114(11), 221; S.I. 2003/3130, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3312 and S.I. 2003/3258)
- C2
S. 5 extended by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), ss. 41(3), 42(3)(4) and Administration of Justice Act 1969 (c.58, SIF 37), s. 14(b)
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148, Sch. 17 para. 9, Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(e)(f)