Explanatory note

Section 45 and 46 of the Constitutional Reform Act 2005 (c. 4) (“the Act”) 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. This Order provides that prior to that commencement, 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.