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The Constitutional Reform Act 2005 (Consequential Amendments) Order 2009

S.I. 2009/2468 · Made 8 September 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Supreme Court Of England And Wales

Made 8th September 2009

Laid before Parliament 9th September 2009

Coming into force 1st October 2009

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 143(2)(ii) of the Constitutional Reform Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 c. 4. There are amendments but none is relevant.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments
  3. 3The Community Legal Service (Cost Protection) Regulations 2000
  4. 4The Community Legal Service (Costs) Regulations 2000
  5. 5The Community Legal Service (Financial) Regulations 2000
  6. 6The Community Legal Service (Funding) Order 2000
  7. 7The Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001
  8. 8The Criminal Defence Service (General) (No.2) Regulations 2001
  9. 9The Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
  10. 10The Criminal Defence Service (Funding) Order 2007
  11. 11The Community Legal Service (Funding) Order 2007
  12. Signature
  13. Explanatory note

1Citation and commencement

This Order may be cited as The Constitutional Reform Act 2005 (Consequential Amendments) Order 2009 and comes into force on 1st October 2009.

2Consequential amendments

The legislation listed in articles 3 to 11 is amended as provided for in those articles.

3The Community Legal Service (Cost Protection) Regulations 2000

In regulation 5(3A)(a) of the Community Legal Service (Cost Protection) Regulations 2000f1 for “in relation to proceedings in the House of Lords, by the Clerk to the Parliaments” substitute “in relation to proceedings in the Supreme Court, by such officers as may be appointed by the President”.

4The Community Legal Service (Costs) Regulations 2000

In regulation 10(10)(a) of the Community Legal Service (Costs) Regulations 2000f1 for “in relation to proceedings in the House of Lords, by the Clerk to the Parliaments” substitute “in relation to proceedings in the Supreme Court, by such officers as may be appointed by the President”.

5The Community Legal Service (Financial) Regulations 2000

In regulation 40(4) of the Community Legal Service (Financial) Regulations 2000f1 for “the House of Lords” substitute “the Supreme Court”.

6The Community Legal Service (Funding) Order 2000

(1)

The Community Legal Service (Funding) Order 2000f1 (in so far as it continues to have effect by virtue of article 2(2) of the Community Legal Service (Funding) Order 2007f2) is amended as follows.

(2)

In article 2(1), in the definition of “immigration proceedings”, for “the House of Lords” substitute “the Supreme Court”.

7The Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001

In regulation 2 of the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001f1, in the definition of “appropriate officer”, for “the House of Lords” substitute “the Supreme Court”.

8The Criminal Defence Service (General) (No.2) Regulations 2001

(1)

The Criminal Defence Service (General) (No.2) Regulations 2001f1 are amended as follows.

(2)

In regulation 2, in the definition of “appropriate officer” for “the House of Lords” substitute “the Supreme Court”.

(3)

In regulation 10—

(a)

in paragraph (1) for “the House of Lords” substitute “the Supreme Court”;

(b)

in paragraph (7) for “the House of Lords” substitute “the Supreme Court”.

(4)

In regulation 13—

(a)

in the heading for “the House of Lords” substitute “the Supreme Court”;

(b)

in paragraph (1) for “the House of Lords” substitute “the Supreme Court”.

(5)

In regulation 14—

(a)

in the heading for “the House of Lords” substitute “the Supreme Court”;

(b)

in paragraph (1) for “the House of Lords” substitute “the Supreme Court”;

(c)

in paragraph (8) for “the House of Lords” substitute “the Supreme Court”.

9The Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

In article 4(4)(c) of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001f1 for “the House of Lords” substitute “the Supreme Court”.

10The Criminal Defence Service (Funding) Order 2007

(1)

The Criminal Defence Service (Funding) Order 2007f1 is amended as follows.

(2)

In article 2(f), in both instances, for “the House of Lords” substitute “the Supreme Court”.

(3)

In article 3(6) for “the House of Lords” substitute “the Supreme Court”.

(4)

In article 4(3)(a) for “the House of Lords” substitute “the Supreme Court”.

(5)

In article 9—

(a)

in the heading for “the House of Lords” substitute “the Supreme Court”;

(b)

in paragraph (1), in both instances, for “the House of Lords” substitute “the Supreme Court”;

(c)

in paragraph (2) for “the House of Lords” substitute “the Supreme Court”.

11The Community Legal Service (Funding) Order 2007

(1)

The Community Legal Service (Funding) Order 2007f1 is amended as follows.

(2)

In article 3(1), in the definition of “Higher Courts”, for “the House of Lords” substitute “the Supreme Court”.

(3)

In article 5(2)(b)(i) for “the House of Lords” substitute “the Supreme Court”.

Signature

Bach

Parliamentary Under Secretary of State

Ministry of Justice

8th September 2009

Explanatory note

(This note is not part of the Order)

This Order makes consequential amendments to subordinate legislation concerning the provision of legal aid, replacing references to the House of Lords with references to the Supreme Court. The Order is made under section 143 of the Constitutional Reform Act 2005 (c. 4). The Constitutional Reform Act 2005 abolishes the appellate jurisdiction of the House of Lords and creates the Supreme Court of the United Kingdom. An impact assessment has not been prepared for this Order; a regulatory impact assessment was prepared for the Constitutional Reform Act 2005 in relation to the Supreme Court and is available on the Ministry of Justice website using the following link: http://www.dca.gov.uk/risk/constrefria.htm