The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/1242 |
| Year | 2011 |
2011 No. 1242
Supreme Court Of The United Kingdom
The Constitutional Reform Act 2005 (Consequential Amendments) Order 2011
Made 9th May 2011
Laid before Parliament 11th May 2011
Coming into force 6th June 2011
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 143(1), (2)(b)(ii) and (2)(b)(iii) of the Constitutional Reform Act 20051.
Citation and commencement
1. This Order may be cited as the Constitutional Reform Act 2005 (Consequential Amendments) Order 2011 and shall come into force on 6th June 2011.
Consequential amendments
2. The Orders in articles 3 to 9 are amended as follows.
The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003
3.—(1) The Proceeds of Crime Act 2002 (Appeals under Part 2) Order 20032is amended as follows.
(2) Part 3 is renamed “Appeal to Supreme Court”.
(3) In article 11 (leave to appeal to House of Lords)—
(a)
(a) in the heading, for “House of Lords” substitute “Supreme Court”;
(b)
(b) for “the House of Lords” in each place and for “that House” substitute “the Supreme Court”.
(4) In article 12 (application for leave to appeal)—
(a)
(a) for “House of Lords” in each place substitute “Supreme Court”;
(b)
(b) in paragraph (2) for “that House or the Court” substitute “the Supreme Court or the Court of Appeal”.
(5) Omit article 13 (hearing and disposal of appeal).
(6) In article 14 (presence of defendant at hearing)—
(a)
(a) for “House of Lords” in both places substitute “Supreme Court”;
(b)
(b) for “House” substitute “Supreme Court”.
The Proceeds of Crime Act 2002 (Appeals under Part 4) Order 2003
4.—(1) The Proceeds of Crime Act 2002 (Appeals under Part 4) Order 20033is amended as follows.
(2) Part 3 is renamed “Appeal to Supreme Court”.
(3) In article 10 (leave to appeal to House of Lords)—
(a)
(a) in the heading, for “House of Lords” substitute “Supreme Court”;
(b)
(b) for “the House of Lords” in each place and for “that House” substitute “the Supreme Court”.
(4) In article 11 (application for leave to appeal)—
(a)
(a) for “House of Lords” in each place substitute “Supreme Court”;
(b)
(b) in paragraph (2) for “that House or the Court” substitute “the Supreme Court or the Court of Appeal”.
(5) Omit article 12 (hearing and disposal of appeal).
(6) In article 13 (presence of defendant at hearing)—
(a)
(a) for “House of Lords” in both places substitute “Supreme Court”;
(b)
(b) for “House” substitute “Supreme Court”.
The Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005
5.—(1) The Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 20054is amended as follows.
(2) Part 3 is renamed “Appeal to the Supreme Court from the Court of Appeal”.
(3) In article 12 (right of appeal to the House of Lords)—
(a)
(a) in the heading and in paragraph (1) for “House of Lords” substitute “Supreme Court”;
(b)
(b) in paragraph (2) for “House of Lords” in both places and for “that House” substitute “the Supreme Court”.
(4) In article 13 (application for leave to appeal)—
(a)
(a) for “House of Lords” in each place substitute “Supreme Court”;
(b)
(b) in paragraph (2) for “that House or the Court” substitute “the Supreme Court or the Court of Appeal”.
(5) In article 14 (hearing and disposal of appeal)—
(a)
(a) omit paragraphs (1) and (2);
(b)
(b) in paragraph (3) for “House of Lords” substitute “Supreme Court” and for “the Court” substitute “the Court of Appeal”.
(6) In article 15 (presence of defendant at hearing) for “House of Lords” in each place substitute “Supreme Court”.
6.—(1) The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 20055is amended as follows.
(2) In articles 8 (appeal to House of Lords about restraint orders), 20 (appeal to House of Lords about external forfeiture orders) and 30 (appeal to the House of Lords about receivers), in the heading and in paragraphs (1) and (3) for “House of Lords” in each place substitute “Supreme Court”.
(3) In article 33 (procedure on appeal to House of Lords under this Order) in the heading and in the article for “House of Lords” substitute “Supreme Court”.
7.—(1) The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 20056is amended as follows.
(2) In articles 8 (appeal to House of Lords about restraint orders), 21 (appeal to House of Lords about external forfeiture orders) and 31 (appeal to the House of Lords about receivers), in the heading and in paragraphs (1) and (3) for “House of Lords” in each place substitute “Supreme Court”.
(3) In article 34 (procedure on appeal to House of Lords under this Order) in the heading and paragraphs (1) and (2) for “House of Lords” in each place substitute “Supreme Court”.
The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
8.—(1) The Proceeds of Crime Act 2002 (External Requests and Orders) Order 20057is amended as follows.
(2) In articles 11 (appeal to House of Lords about restraint orders), 24 (appeal to the House of Lords about external orders) and 45 (appeal to the House of Lords about receivers) in the heading and...
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