Gavin Howe
The number of Law Lords, or Lords of Appeal in Ordinary, in the UK has varied over time. Initially, the Appellate Jurisdiction Act 1876 provided for the appointment of two Lords of Appeal in Ordinary, but this number gradually increased over the years, reaching twelve by 1999. However, with the creation of the Supreme Court of the United Kingdom in 2009, the House of Lords lost its judicial functions, and the power to appoint new Law Lords ceased. As of 2023, there are 829 sitting members of the House of Lords, including life peers, excepted hereditary peers, and Lords Spiritual, which include the Archbishops of Canterbury and York and other senior bishops from the Church of England.
| Characteristics | Values |
|---|---|
| Number of Lords of Appeal in Ordinary (Law Lords) in 1876 | 2 |
| Number of Lords of Appeal in Ordinary (Law Lords) in 1882 | 3 |
| Number of Lords of Appeal in Ordinary (Law Lords) in 1891 | 4 |
| Number of Lords of Appeal in Ordinary (Law Lords) in 1913 | 6 |
| Maximum number of Lords Spiritual (Archbishops and Bishops) | 26 |
| Number of active members in the House of Lords in 2014 | 774 |
| Number of non-participating members in the House of Lords in 2014 | 54 |
| Total number of members in the House of Lords in 2014 | 828 |
| Number of sitting members in the House of Lords as of 2 October 2023 | 829 |
| Number of life peers in the House of Lords as of 2 October 2023 | 667 |
| Number of women in the House of Lords as of 2 October 2023 | 228 |
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What You'll Learn
The Appellate Jurisdiction Act 1876
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practising barrister for a period of fifteen years or to have held a high judicial office, such as Lord Chancellor (before 2005) or judge of the Court of Appeal, High Court, or Court of Session, for a period of two years. The statutory retirement age for Lords of Appeal in Ordinary depended on when they were first appointed to judicial office. For those who first became judges before 31 March 1995, the retirement age was 75 years, while for those appointed after that date, retirement was at 70 years.
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Lords of Appeal in Ordinary
To be appointed a Lord of Appeal in Ordinary, individuals were required to have been practising barristers for at least fifteen years or to have held a high judicial office, such as Lord Chancellor (before 2005) or judge of the Court of Appeal, for a minimum of two years. The statutory retirement age for these Lords depended on their initial appointment date as a judge. Those who became judges before 31 March 1995 retired at 75, while those appointed after that date retired at 70, with the option to continue part-time until 75.
The two most senior Lords of Appeal in Ordinary held the positions of Senior and Second Senior Lords of Appeal in Ordinary. Historically, the Senior Lord was the Law Lord who had served in the House the longest. However, with the appointment of Lord Bingham of Cornhill in 2000, it became an appointed position. The Second Senior Lord of Appeal in Ordinary was then determined by the peer with the longest service record.
On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed due to the establishment of the Supreme Court of the United Kingdom. Consequently, the House of Lords lost its judicial functions, and the power to create law life peers lapsed. The Lords of Appeal in Ordinary who were in office at that time automatically became Justices of the Supreme Court.
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The Supreme Court of the UK
The Supreme Court of the United Kingdom (UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales, and Northern Ireland. It also hears some limited criminal cases from Scotland. As the highest appellate court for these matters, it hears cases of significant public or constitutional importance that impact the entire population. The Supreme Court also hears appeals from the Court of Appeal (Civil and Criminal Divisions) in England and Wales and the Court of Session in Scotland.
The Supreme Court is a relatively new institution, established through the Constitutional Reform Act of 2005, which also created a new appointment process for Justices of the Supreme Court. An independent selection commission, composed of legal professionals and a non-lawyer member, is formed when vacancies arise. The Supreme Court usually sits in the Middlesex Guildhall in Westminster but has occasionally convened in other locations, such as the Edinburgh City Chambers and the Royal Courts of Justice in Belfast.
The Supreme Court is distinct from the previous system of Law Lords, or Lords of Appeal in Ordinary, who were judges appointed to the British House of Lords under the Appellate Jurisdiction Act 1876. The Law Lords' role was to exercise the judicial functions of the House of Lords, including serving as the final court of appeal for domestic matters. However, with the creation of the Supreme Court, the Appellate Jurisdiction Act 1876 was repealed, and the House of Lords lost its judicial functions. The Law Lords who were in office at that time automatically became Justices of the Supreme Court.
The President and Deputy President of the Supreme Court are appointed to their roles and are not necessarily the most senior members in terms of tenure. The Court includes judges from the three distinct legal systems of the United Kingdom: England and Wales, Scotland, and Northern Ireland. The Court consists of twelve Scottish, English, Welsh, and Northern Irish judges.
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The Senior Lord of Appeal in Ordinary
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, an individual was required to have been a practising barrister for at least fifteen years or to have held a high judicial office—such as Lord Chancellor (before 2005) or judge of the Court of Appeal, High Court, or Court of Session—for a minimum of two years. Lords of Appeal in Ordinary were mandated to retire from judicial office between the ages of 70 and 75, although they continued to serve as members of the House of Lords for life, with the style and dignity of barons.
On October 1, 2009, the Appellate Jurisdiction Act 1876 was repealed due to the establishment of the Supreme Court of the United Kingdom. Consequently, the House of Lords lost its judicial functions, and the power to create life peers lapsed. The Lords of Appeal in Ordinary who were in office at that time automatically became Justices of the Supreme Court of the United Kingdom.
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The retirement age of Law Lords
The retirement age for Law Lords, or Lords of Appeal in Ordinary, in the UK has varied over time. The Appellate Jurisdiction Act 1876, which provided for the appointment of Law Lords, did not specify a retirement age. However, the statutory retirement age for Law Lords depended on when they were first appointed to judicial office.
For those who first became judges before March 31, 1995, the retirement age was 75 years. For those appointed on or after that date, the retirement age was lowered to 70 years. These Law Lords were, however, permitted to continue sitting in a part-time capacity until the age of 75.
It is important to note that while Law Lords had to retire from their judicial roles at 70 or 75, they could continue to serve as members of the House of Lords for life. This changed in 2009 with the creation of the Supreme Court of the United Kingdom, after which Law Lords became judges of the new Supreme Court and were barred from sitting or voting in the House of Lords until they retired as judges.
In recent years, there have been calls for reforms regarding the retirement age of Law Lords. The House of Lords Reform Act 2014 introduced the ability for members to voluntarily retire, and as of July 1, 2020, 114 members had retired under this provision. There has also been a private member's bill, the House of Lords (Retirement Age) Bill, which proposed a retirement age of 75 for members of the House of Lords.
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Frequently asked questions
There are currently zero Law Lords in the UK. The role of the Law Lords was replaced by the Supreme Court of the United Kingdom on 1 October 2009.
Law Lords, or Lords of Appeal in Ordinary, were judges appointed to the British House of Lords to exercise its judicial functions.
The House of Lords served as the court of last resort for most instances of UK law.
As of 2 October 2023, there are 829 sitting members of the House of Lords, including 26 Lords Spiritual and 667 life peers.
The statutory retirement age for Law Lords depended on when they were first appointed to judicial office. Those appointed before 31 March 1995 retired at 75, while those appointed after that date retired at 70.
