Executive functions The lord chancellor is a member of the
Privy Council and of the
Cabinet. The ministerial department the lord chancellor heads was known as the Lord Chancellor's Office between 1885 and 1971, and the
Lord Chancellor's Department between 1971 and 2003. In 2003 the department was renamed the
Department for Constitutional Affairs, and the lord chancellor was appointed
Secretary of State for Constitutional Affairs. In 2007 this post was renamed
Secretary of State for Justice, and the department became the
Ministry of Justice. By law, the lord chancellor is the
minister of the Crown responsible for the administration of the
courts and tribunals,
legal aid, and matters of
public guardianship and
mental incapacity in England and Wales. Likewise, the lord chancellor appoints the
Official Solicitor and
Public Trustee, supervises the Judicial Appointment and Conduct Ombudsman, regulates
legal services through the
Legal Services Board and the
Office for Legal Complaints, and undertakes continuous law reform with the assistance of the
Law Commission. In their capacity as secretary of state for justice, the lord chancellor also administers the prison system and probation services in England and Wales. It is for the lord chancellor to recommend the appointment of judges to English, Welsh, and UK-wide
courts of law and
tribunals. Since 2005, senior judges – i.e.
Justices of the
Supreme Court of the United Kingdom,
Lords Justices of Appeal and the
heads of the divisions of the High Court – are appointed by the
sovereign on the advice of the lord chancellor, who in turn consults an independent
Judicial Appointments Commission. Since 2013, all other English and Welsh judges employed by
His Majesty's Courts and Tribunals Service are also appointed by the sovereign on the advice of the lord chancellor after consultation with the Judicial Appointments Commission. The lord chancellor's discretion over these judicial appointments is limited by the
Constitutional Reform Act 2005 and the
Crime and Courts Act 2013. Nevertheless, when consulting the Judicial Appointments Commission, the lord chancellor may prescribe the scope for judicial nominations and choose to either accept or reject its recommendations. As it concerns judges of local courts, the lord chancellor is required to consult the Advisory Committee on Justices of the Peace in the
English and
Welsh local authorities of competent jurisdiction before appointing
justices of the peace, but is not otherwise circumscribed in terms of their discretion. By virtue of the
Coroners and Justice Act 2009, which reaffirms local authorities' longstanding authority to appoint
coroners, the lord chancellor must nevertheless approve the appointments; said approval extends to the lord chief justice's appointment of the
Chief Coroner of England and Wales. Judicial administration aside, the lord chancellor performs other executive functions. For example, the lord chancellor officiates a ceremony in
Westminster Abbey at the beginning of the
legal year in front of all the judges. The ceremony is followed by a reception known as the lord chancellor's breakfast which is held in
Westminster Hall. Separately, the lord chancellor is involved in the appointment of senior counsel learned in the law known as "
King's Counsel". Prior to 2005, the lord chancellor personally determined which
barristers were to be raised to said rank. This is no longer the case. Instead, the responsibility of evaluating applicants and recommending nominees rests with an
independent panel. The lord chancellor's role in this reformed selection process is now one of appointing the panel's members and assuring their recommendations comply with the principles of due process, fairness, and efficiency. The lord chancellor invariably
advises the sovereign to appoint the resulting nominees so long as the appointments meet this benchmark. Perhaps most notably, custody of the
Great Seal of the Realm is entrusted to the lord chancellor, as has been the case for nearly a thousand years; this was confirmed by the
Great Seal Act 1884 and reaffirmed by the
Constitutional Reform Act 2005. Documents to which the Great Seal is affixed include
letters patent,
writs of summons,
writs of election,
royal warrants,
royal charters and
royal proclamations, among many other instruments. The actual sealing of documents is performed by order of the lord chancellor under the supervision of the
permanent secretary of the Ministry of Justice, who holds the separate statutory post of
Clerk of the Crown in Chancery and is thus head of the
Crown Office. The lord chancellor is not keeper of the
Great Seal of Scotland, the
Great Seal of Northern Ireland, or the
Welsh Seal. Rather, the
First Minister of Scotland, the
Secretary of State for Northern Ireland, and the
First Minister of Wales are the lawful custodians.
Legislative functions The lord chancellor facilitates the enactment of
primary legislation, whereby
bills duly passed by the House of Lords and the House of Commons (or exclusively by the House of Commons under the provisions of the
Parliament Acts 1911 and 1949) receive
royal assent and become
Acts of Parliament, that is
statute law. When royal assent is requested by Parliament, the lord chancellor submits to the sovereign a list of those bills which are ready for enactment or which are likely to have passed by the time royal assent is to be signified. The list is prepared by the
Clerk of the Parliaments, who transmits an advance copy to the
Clerk of the Crown in Chancery for inclusion in the letters patent by which the sovereign signifies their assent. Bills for granting aids and supplies to
the Crown are placed first, followed thereafter by other public bills, provisional order bills, private bills, personal bills and Church Measures. Whenever the sovereign appoints
lords commissioners to perform certain actions on his or her behalf (for example, to formally declare in Parliament that the
royal assent has been granted, or to prorogue or dissolve Parliament), the lord chancellor usually serves as the principal or senior lord commissioner. The other lords commissioners, by convention, are members of the House of Lords who are
privy counsellors (generally the leaders of the three main parties and the convenor of the crossbenches). In this role the lord chancellor wears parliamentary robes—a full-length scarlet wool gown decorated with
miniver fur. The lord chancellor wears a
tricorne hat, but the other lords commissioners wear
bicorne hats. During the period that
Jack Straw, an MP, was lord chancellor, he was officially named as one of the lords commissioners, but did not take part in the formal ceremonies of granting royal assent and proroguing Parliament. The Lord Speaker has been appointed a lord commissioner and does take part in the ceremonies. The role of principal lord commissioner during this period has been taken by the
leader of the House of Lords. There is an exception: when John Bercow was presented for royal approbation for the office of speaker of the House of Commons in 2009, and again when Bercow's successor Sir Lindsay Hoyle was presented for approbation in 2019, the lord chancellor (Straw and Buckland, respectively) were the principal lord commissioner, and the lord speaker was not in the commission. This precedent has continued since then. It is unclear how these arrangements would change if a future lord chancellor were appointed from the House of Lords.
Ecclesiastical functions The lord chancellor performs various functions relating to the established
Church of England. By law, the lord chancellor must be consulted before appointments may be made to
ecclesiastical courts. Indeed, judges of
Consistory Courts, the
Arches Court of Canterbury, the
Chancery Court of York and the
Court of Ecclesiastical Causes Reserved are appointed only after consultation with the lord chancellor. The act nevertheless provides that, if a Catholic were to be appointed to the office, then the sovereign may temporarily transfer the lord chancellor's ecclesiastical functions to the
prime minister or another
minister of the Crown. No Catholic has served as Lord Chancellor since the passage of the Act, although several non-Anglican Protestants and one Muslim have done.
Other functions Under the
Regency Act 1937 (
1 Edw. 8 & 1 Geo. 6. c. 16), the lord chancellor is one of the five persons who participate in determining the capacity of the sovereign to discharge his or her functions—the other individuals so empowered are the sovereign's spouse, the speaker of the House of Commons, the
Lord Chief Justice of England and Wales and the
master of the rolls. If any three or more of these individuals, based on evidence that, as required by statute, shall include evidence provided by physicians, determine and declare by an instrument in writing, lodged with the Privy Council, that the sovereign suffers from a mental or physical infirmity that prevents him or her from personally discharging the duties of head of state, the royal functions are transferred to a
regent, who discharges them in the name and on behalf of the monarch. The Lord Chancellor is responsible for making a speech and raising the toast to the
Lord Mayor at the Lord Mayor's Dinner to His Majesty's Judges in July each year. ==Former functions==