Explanatory note

This Order brings into force sections 45 and 46 of the Constitutional Reform Act 2005 (c. 4) (“the Act”), which make provision for the President of the Supreme Court to make the Supreme Court Rules.

By virtue of section 24(b) of the Act, when section 23 is commenced (which establishes the Supreme Court) the person who immediately before that commencement is the senior Lord of Appeal in Ordinary becomes the President of the Supreme Court. In order that the senior Lord of Appeal in Ordinary may exercise the functions of the President under sections 45 and 46 in anticipation of the establishment of the Supreme Court, a temporary modification of these sections will be necessary. In order that this modification may be made under section 143(1) and (2)(a) of the Act, this Order has brought these sections into force.