Judicial Committee of the Privy Council (Abolition) Bill

A

BILL

TO

Abolish the Judicial Committee of the Privy Council and make provisions for the division of its foreign and residual domestic jurisdiction.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1 - Definitions.

(1) In this Act,

  a) “successor body” refers to any court or other judicial body that gains jurisdiction under or is created by this Act as a result of the dissolution of the Judicial Committee of the Privy Council,

  b) “JCPC” refers to the Judicial Committee of the Privy Council.

Section 2 - Dissolution of the Judicial Committee of the Privy Council.

(1) The JCPC is dissolved.

(2) Where an Act of Parliament makes reference to a person who serves on the JCPC or has served on the JCPC, that reference should be read as to include persons who serve or have served on successor bodies.

Section 3 - Transfers of jurisdiction.

(1) Appeals against decisions of the courts of the Cook Islands and Niue shall be transferred to the jurisdiction of the Supreme Court of New Zealand.

(2) Appeals against decisions of the courts of the Sovereign Base Areas of Akrotiri and Dhekelia shall be transferred to the jurisdiction of the Supreme Court of Cyprus.

(3) Appeals under the Professions Supplementary to Medicine Act 1960 and the Veterinary Surgeons Act 1966 shall be transferred to the jurisdiction of the Health, Education and Social Care Chamber of the First-Tier Tribunal.

(4) Appeals against decisions of the High Court of Chivalry shall be decided by the College of Arms in such manner as they deem proper.

(5) Appeals under the Colonial Courts of Admiralty Act 1890, the Naval Prize Act 1864 or against decisions of the Courts of Admiralty in the Cinque Ports of Hastings, New Romney, Hythe, Dover and Sandwich shall be transferred to the jurisdiction of the Admiralty Court.

Section 4 - Commonwealth Supreme Court.

(1) In this section, “Court” refers to the Commonwealth Supreme Court established by this section.

(2) The Court is established.

(3) The purpose of the Court is to serve as the final court of appeal in nations that do not have their own final court of appeal and do not have a more appropriate final court of appeal available to them.

(4) The Court’s jurisdiction consists of any jurisdiction conferred upon the JCPC by Order in Council in respect of the countries set out in Schedule 1 to this Bill.

(5) Where a country abolishes or establishes appeals to the Judicial Committee of the Privy Council by domestic legislation, the Commonwealth Supreme Court ceases to have, or acquires as the case may be, jurisdiction in respect of that country, and Schedule 1 shall be amended accordingly.

(6) The Court’s justices shall consist of 1 judge nominated from each country in the Court’s jurisdiction and 2 judges from the Supreme Court of the United Kingdom.

(7) Cases before the Court shall be heard by a panel of 7 justices, 1 of which is the justice from the originating jurisdiction and the other 6 selected by lot.

(8) For greater clarity, the Commonwealth Supreme Court is the JCPC for the purposes of the laws of countries that have retained appeals to the JCPC, and may sit in the name of the JCPC if the laws of a country require specifically that appeals be to the JCPC.

Section 5 - Court of Appeal for the Crown Dependencies.

(1) In this section, “Court” refers to the Court of Appeal for the Crown Dependencies established by this section.

(2) The Court is established.

(3) The purpose of the Court is to serve as a superior court for matters pertaining to a Crown dependency.

(4) The Court’s jurisdiction consists of each Crown dependency.

(5) The Court’s justices shall consist of 1 judge nominated by the government of each Crown dependency and 2 judges from the Supreme Court of the United Kingdom.

(6) Cases before the Court shall be heard by the full bench.

(7) Decisions of the Court may be further appealed to the Supreme Court of the United Kingdom.

Section 6 - Court of Appeal for the British Overseas Territories.

(1) In this section, “Court” refers to the Court of Appeal for the British Overseas Territories established by this section.

(2) The Court is established.

(3) The purpose of the Court is to serve as a superior court for matters pertaining to a British Overseas Territory.

(4) The Court’s jurisdiction consists of each British Overseas Territory and appeals against decisions under the International Criminal Court Act 2001 (Overseas Territories) Order 2009.

(5) The Court’s justices shall consist of 1 judge nominated by the government of each British Overseas Territory and 2 judges from the Supreme Court of the United Kingdom.

(6) Cases before the Court shall be heard by a panel of 7 justices, 1 of which is the justice from the originating jurisdiction and the other 6 selected by lot.

(7) Decisions of the Court may be further appealed to the Supreme Court of the United Kingdom.

Section 7 - British Residual Court.

(1) In this section, “Court” refers to the British Residual Court established by this section.

(2) The Court is established.

(3) The purpose of the Court is to serve as a final court of appeal for miscellaneous matters within the jurisdiction of the JCPC.

(4) The Court’s jurisdiction consists of appeals under the Mission and Pastoral Measure 2011 or the Facility Jurisdiction (Appeals) Rules 1998, as well as appeals against the decisions of the Arches Court of Canterbury and the Chancery Court of York.

(5) The Court also has jurisdiction in respect of appeals to the Sultan of Brunei under the same terms as the Brunei (Appeals) Order 1989, unless such jurisdiction is removed by agreement between the United Kingdom and Brunei.

(6) The Court’s justices shall consist of 3 judges nominated by the General Synod of the Church of England, 3 judges of the Supreme Court of the United Kingdom, and 1 judge nominated by the Sultan of Brunei.

(7) If the Court’s jurisdiction in respect of Brunei is removed, there shall be 4 judges of the Supreme Court of the United Kingdom on the Court.

(8) Cases before the Court shall be heard by the full bench.

Section 8 - Extent, commencement and short title.

(1) This Act may be cited as the Judicial Committee of the Privy Council (Abolition) Act.

(2) The provisions of this Act extend to the United Kingdom.

(3) Except for sections set out in Schedule 2, this Act comes into force on Royal Assent.

(4) Sections set out in Schedule 2 come into force on such date as shall be designated by His Majesty in Council, having regard for the full establishment of the successor bodies created by this Act.

(5) His Majesty in Council may designate a different date for each section set out in Schedule 2.

(6) It is the intent of Parliament that the doctrine of implied repeal extends in respect of this bill to Measures of the Church of England that are inconsistent with it.

Schedule 1 - Countries under jurisdiction of the Commonwealth Supreme Court

• Antigua and Barbuda
• The Bahamas
• Grenada
• Jamaica
• St. Kitts and Nevis
• Saint Lucia
• St. Vincent and the Grenadines
• Tuvalu
• Mauritius
• Trinidad and Tobago
• Kiribati

Schedule 2 - Sections to enter into force on dates as may be designated by His Majesty in Council

• Section 2
• Section 3, except for subsection 2
• Subsection 2 of section 3

This bill is submitted by /u/model-alice as Solidarity legislation.

Opening Speech:

Speaker,

The Judicial Committee of the Privy Council, once a vaunted institution in the United Kingdom, has not aged well. Most of its jurisdiction is exercised in foreign countries, but it has some residual domestic affairs it has responsibility for. This bill seeks to abolish the Judicial Committee of the Privy Council and reorganize its remaining functions into new bodies more suited for their specific roles. I urge all members of Parliament to support this legislation.

This division will end at 10pm on the 30th August.