House of Commons – Sept. 12, 2016 – 62

Amendment proposed: 60, page 2 leave out lines 4 to 9 and insert— 92B Legal jurisdictions of Wales and of England The legal jurisdiction of England and Wales becomes two legal jurisdictions, that of Wales and that of England. 92C The law of Wales and the law of England (1) The law of England and Wales is divided into the law of Wales and the law of England. (2) All of the law that extends to England and Wales immediately before the coming into force of this section— (a) except in so far as it applies only in relation to England, is to extend to Wales (and becomes the law of Wales), and (b) except in so far as it applies only in relation to Wales, is to extend to England (and becomes the law of England). (3) In this section “law” includes— (a) rules and principles of common law and equity, (b) provision made by virtue of an Act of the United Kingdom Parliament, an Act of the Welsh Parliament or an Act or Measure of the National Assembly for Wales, and (c) provision made pursuant to the prerogative. (4) Any provision of any enactment or instrument enacted or made, but not in force, when subsection (1) comes into force is to be treated for the purposes of that subsection as part of the law that extends to England and Wales (but this subsection does not affect provision made for its coming into force). 92D Senior Courts system (1) The Senior Courts of England and Wales cease to exist (except for the purposes of sections 92H (3) and (4)) and there are established in place of them— (a) the Senior Courts of Wales, and (b) the Senior Courts of England. (2) The Senior Courts of Wales consist of— (a) the Court of Appeal of Wales, (b) the High Court of Justice of Wales, and (c) the Crown Court of Wales, each having the same functions in Wales as are exercisable by the corresponding court in England and Wales immediately before subsection (1) comes into force. (3) The Senior Courts of England consist of— (a) the Court of Appeal of England, (b) the High Court of Justice of England, and (c) the Crown Court of England, each having the same functions in England as are exercisable by the corresponding court in England and Wales immediately before subsection (1) comes into force. (4) For the purposes of this Part— (a) Her Majesty’s Court of Appeal in England is the court corresponding to the Court of Appeal of Wales and the Court of Appeal of England, (b) Her Majesty’s High Court of Justice in England is the court corresponding to the High Court of Justice of Wales and the High Court of Justice of England, and (c) the Crown Court constituted by section 4 of the Courts Act 1971 is the court corresponding to the Crown Court of Wales and the Crown Court of England. (5) Subject to section 92I— (a) references in enactments, instruments and other documents to the Senior Courts of England and Wales (however expressed) have effect (as the context requires) as references to the Senior Courts of Wales or the Senior Courts of England, or both;

and (b) references in enactments, instruments and other documents to Her Majesty’s Court of Appeal in England, Her Majesty’s High Court of Justice in England or the Crown Court constituted by section 4 of the Courts Act 1971 (however expressed) have effect (as the context requires) as references to either or both of the courts to which they correspond. 92E County court and family court (1) The county court and the family court cease to exist (except for the purposes of sections 92H (3) and (4)) and there are established in place of them— (a) the county court of Wales and the family court of Wales with the same functions in Wales as are exercisable by the county court and the family court (respectively) immediately before this subsection comes into force, and (b) the county court of England and the family court of England with the same functions in England as are exercisable by the county court and the family court (respectively) immediately before this subsection comes into force. (2) For the purposes of this Part— (a) the county court is the court corresponding to the county court of Wales and the county court of England, and (b) the family court is the court corresponding to the family court of Wales and the family court of England. (3) Subject to section 92I references in enactments, instruments and other documents to the county court or the family court (however expressed) have effect (as the context requires) as references to either or both of the courts to which they correspond.