Commentary on Sections Part 6 – Financial Restrictions Proceedings Supplementary Section 72 – Initial exercise of powers by Lord Chancellor
201.Section 72 allows the Lord Chancellor, the first time the power is used, to exercise the power conferred by sections 66 and 67 to make rules of court. The Lord Chancellor must consult the Lord Chief Justice (or, where appropriate, the Lord Chief Justice of Northern Ireland), before making such rules, but this requirement may be satisfied by any consultation that takes place before commencement (see subsection (3)). The rules will come into effect only if approved by the House of Commons and the House of Lords within 40 days of being made (subsection (4)). These rules will cease to have effect 40 days after being laid before Parliament if not approved by both the House of Commons and the House of Lords within that period.