Act
Constitutional Reform Act 2026
2026 c. 43
Explanatory Notes
These Explanatory Notes are not part of the Act.
They are published to assist readers in understanding the Act and do not confer jurisdiction, powers, duties or rights beyond the Act and other applicable law.
Constitutional Reform Act 2026 2026 CHAPTER 43 Explanatory Notes Introduction 1. These Explanatory Notes relate to the Constitutional Reform Act 2026. 2. They have been prepared to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 3. The Notes should be read together with the Act. They are not, and are not intended to be, a comprehensive description of the Act. Where a section does not appear to require explanation or comment, none is given. Overview of the Act 4. The Act establishes the principal statutory constitutional framework for the Judiciary of the United Hampshire State and for the relationship between the Judiciary, Government and Parliament. 5. In particular, the Act— (a) preserves the constitutional principle of the rule of law and imposes duties concerning judicial independence; (b) continues and regulates the constitutional office of Lord Chancellor; (c) establishes the Supreme Court of United Hampshire as a statutory court of record and final appellate court within the judicial competence of the United Hampshire State; (d) provides for the composition, appointment, tenure, jurisdiction, procedure and administration of the Supreme Court; (e) establishes the Judicial Appointments Commission on a statutory basis and requires judicial selection to be solely on merit, subject to good-character requirements and a duty to encourage diversity; (f) establishes the Judicial Appointments and Conduct Ombudsman on a statutory basis; (g) establishes the statutory framework for judicial conduct, discipline, suspension and removal; (h) recognises the Judicial Conduct Investigations Office as the administrative and investigative office supporting the Lord Chancellor and the Chief Justice in conduct matters; (i) provides for the Guide to Judicial Conduct, conflicts and recusal, judicial leadership and associated safeguards; and (j) makes transitional and consequential provision for institutions and arrangements already operating before commencement. 6. The Act is intended to operate alongside the Senior Courts Act 2026, Magistrates’ Courts Act 2026, Courts Act 2026, Criminal Appeal Act 2026 and other enactments governing the jurisdiction and procedure of particular courts and tribunals. 7. The Act does not create jurisdiction over real-world courts, tribunals or institutions. It applies only within the legislative and judicial competence of the United Hampshire State. Policy background 8. Before the Act, the current United Hampshire judicial system had been established through a combination of transitional legislation, institutional machinery, court and tribunal legislation, public-administration arrangements and operating practice. 9. The constitutional settlement required clearer statutory foundations for— (a) judicial independence; (b) the Supreme Court; (c) the judicial appointments system; (d) independent appointments and conduct maladministration review; (e) judicial discipline; and (f) the relationship between the Lord Chancellor, Chief Justice, Parliament, Government and the Judiciary. 10. The Act follows the institutional logic of the United Kingdom’s Constitutional Reform Act 2005 while reflecting the current United Hampshire court structure, ministerial titles and constitutional settlement. 11. The Act also gives statutory effect to safeguards already treated as essential to the United Hampshire Judiciary, including— (a) appointment on merit; (b) protection against political or platform-based appointment; (c) separation between conduct complaints and appeals from judicial decisions; (d) joint constitutional responsibility for judicial discipline; (e) independent maladministration review; and (f) protection against the use of administrative or technical control as a substitute for judicial authority. Legal background 12. The Act sits within a wider justice framework. In particular— (a) the Senior Courts Act 2026 governs the senior courts below the Supreme Court and related jurisdiction; (b) the Magistrates’ Courts Act 2026 governs the Magistrates’ Court and relevant procedure; (c) the Courts Act 2026 makes wider provision concerning courts, judiciary and administration; (d) the Criminal Appeal Act 2026 governs criminal appellate jurisdiction and procedure; (e) procedure rules and practice directions govern the conduct of proceedings within their lawful scope; and (f) separate enactments govern criminal offences, sentencing, evidence, prosecution, legal aid, tribunals and other justice matters. 13. The Act does not impliedly replace a more specific jurisdictional or procedural rule merely because both concern the Judiciary. Territorial extent and application 14. The Act extends to the United Hampshire Realm and applies within the legislative and judicial competence of the United Hampshire State. 15. The Act does not transfer the functions of real-world United Kingdom courts or institutions, Hampshire County institutions or another jurisdiction into the United Hampshire State. Commentary on sections Part 1 — The rule of law and judicial independence Section 1: The rule of law 16. Section 1 preserves the existing constitutional principle of the rule of law and requires the Lord Chancellor, Ministers and public authorities to have regard to the need to uphold it. 17. Subsection (3) makes clear that this responsibility cannot be used as authority for executive interference in a court or tribunal case. Section 2: Continued judicial independence 18. Section 2 imposes a duty on the Lord Chancellor, Ministers and persons responsible for matters relating to the Judiciary or administration of justice to uphold continued judicial independence. 19. Subsection (2) prohibits attempts to influence judicial decisions through special access to a judicial office-holder. 20. Subsection (3) applies the independence duty to appointments, discipline, deployment, remuneration, resources and administration. 21. Subsection (4) confirms that judicial independence has both an institutional and an individual decisional dimension. Section 3: Constitutional responsibility for judicial independence 22. Section 3 gives the Lord Chancellor special responsibility for defending judicial independence and recognises the Chief Justice’s role in representing the Judiciary and supporting judicial welfare, training and guidance. 23. Subsection (3) prevents those constitutional responsibilities from becoming authority to direct the outcome of an individual case. Section 4: Public authorities and operating platforms 24. Section 4 addresses the digital operating context of United Hampshire directly. 25. A platform role, permission, ownership right, technical permission or moderation capability cannot confer judicial authority. 26. Judicial authority must derive from law and lawful appointment. 27. Technical restrictions affecting access to justice must be administered consistently with law, open justice, accessibility and judicial independence. Part 2 — The Lord Chancellor Section 5: The office of Lord Chancellor 28. Section 5 continues the office of Lord Chancellor. 29. The office remains constitutionally distinct even where the office-holder is also appointed Secretary of State for Justice. Section 6: Appointment to the office 30. Section 6 requires the appointing authority to be satisfied that a prospective Lord Chancellor is qualified by experience. 31. The section recognises ministerial, parliamentary, legal, judicial, academic and substantial constitutional, legal, public-administration or justice experience. 32. The Lord Chancellor is not required to be a lawyer. Section 7: Lord Chancellor’s oath and constitutional duty 33. Section 7 requires the Lord Chancellor to take the applicable oath or affirmation before exercising the principal functions of office. 34. It also states the office-holder’s duties to respect the rule of law, defend judicial independence and sustain the proper administration of justice. Section 8: Representations about the judiciary and justice system 35. Section 8 enables the Chief Justice to make representations to the Lord Chancellor, Cabinet or Parliament concerning the Judiciary or administration of justice. 36. The Lord Chancellor must consider such representations and respond through the appropriate route. Section 9: Judicial resources and administration 37. Section 9 makes the Lord Chancellor responsible for securing resources for the courts and tribunals through the Ministry of Justice and public-finance machinery. 38. Resources must not be used as a means of influencing judicial outcomes. Section 10: Ministerial limits 39. Section 10 makes explicit that the Lord Chancellor may not reverse or vary judicial decisions outside lawful routes, direct judges how to decide cases or use appointments, discipline, remuneration, deployment or resources to influence an individual case. Part 3 — The Supreme Court of United Hampshire Chapter 1 — The Court and its judges Section 11: The Supreme Court of United Hampshire 40. Section 11 establishes the Supreme Court of United Hampshire as a statutory court of record and the final court of appeal within the judicial competence of the United Hampshire State, subject to any express constitutional provision to the contrary. 41. The Court is institutionally separate from Government, the Ministry of Justice and the courts administration service. Section 12: Composition of the Court 42. Section 12 provides for a President, Deputy President and up to ten other Justices. 43. Vacancies do not prevent the Court acting where it is otherwise duly constituted. Section 13: Qualification for appointment 44. Section 13 sets the qualification threshold for appointment as a Justice of the Supreme Court. Section 14: Selection commission for the President and Deputy President 45. Section 14 requires an independent selection commission for vacancies in the offices of President and Deputy President. 46. It requires participation by the Judicial Appointments Commission and prevents the Supreme Court itself from forming the majority of the selection commission. Section 15: Selection of other Justices 47. Section 15 provides for independent selection commissions for other Supreme Court Justice vacancies. 48. Selection must be solely on merit, while the commission must have regard to encouraging diversity in the range of persons available for appointment. Section 16: Report of selection 49. Section 16 requires a selection commission to report the selected person and process to the Lord Chancellor. 50. The Lord Chancellor cannot substitute another candidate. Section 17: Lord Chancellor’s options on a selection 51. Section 17 permits the Lord Chancellor to accept the selection, reject it once on the statutory suitability ground or require reconsideration once on prescribed grounds. 52. After the permitted stages are exhausted, the Lord Chancellor must accept the lawfully made selection. Section 18: Appointment by the Lord Lieutenant 53. Section 18 provides for formal appointment by the Lord Lieutenant following the statutory selection process and the required constitutional advice. Section 19: Oath or affirmation 54. Section 19 requires a Supreme Court Justice to take the required judicial oath or affirmation before first exercising the functions of office. Section 20: Tenure 55. Section 20 provides for tenure during good behaviour, subject to retirement, resignation and removal in accordance with law. Section 21: Removal from office 56. Section 21 provides that a Justice may be removed only by the Lord Lieutenant following an address by both Houses of Parliament. 57. The section requires the prescribed investigation and fairness safeguards before an address is moved, subject to the limited waiver provision. Section 22: Supplementary and acting judges 58. Section 22 permits the President to request qualifying senior judicial office-holders or former office-holders to sit temporarily where reasonably necessary. 59. Temporary sitting does not make a person a permanent Justice and must not be used to avoid a required permanent appointment. Chapter 2 — Jurisdiction and procedure Section 23: Jurisdiction 60. Section 23 gives the Supreme Court the jurisdiction conferred by the Act and other enactments. 61. It provides the ordinary route for appeals from the Court of Appeal, subject to permission. 62. It makes clear that disagreement with findings of fact alone does not create an appeal right and that the Court cannot exercise jurisdiction outside United Hampshire competence. Section 24: Constitutional and devolution questions 63. Section 24 permits an enactment to confer jurisdiction over constitutional, competence or devolution questions. 64. The Court may determine only a question lawfully referred to it. Section 25: Composition for proceedings 65. Section 25 requires an uneven panel of at least three Justices. 66. A panel of five or more should ordinarily be used for exceptionally important constitutional cases or where departure from the Court’s own previous authority is under consideration. Section 26: Decisions and judgments 67. Section 26 provides that the majority determines the decision of the Court while permitting separate concurring or dissenting judgments. 68. Judgments and reasons must be published subject to lawful restrictions. Section 27: Rules of the Supreme Court 69. Section 27 gives the President power to make Supreme Court Rules governing practice and procedure. 70. The Rules must support accessibility, fairness, efficiency and clear expression. 71. Consultation is required before Rules are made. 72. Rules are submitted to the Lord Chancellor and take effect through a statutory instrument. 73. Rules may not create substantive jurisdiction or a substantive appeal right. Section 28: Practice directions 74. Section 28 permits the President to issue practice directions consistent with primary legislation and the Supreme Court Rules. 75. Practice directions must be published through the judicial publication route. Section 29: Sittings and place of Court 76. Section 29 permits the Court to sit at lawful locations within the Realm and to conduct remote or digital hearings where permitted by law and consistent with open justice and fairness. 77. The platform used does not determine jurisdiction. Section 30: Seal, records and process 78. Section 30 provides for an official seal, electronic authentication where Rules permit and secure authoritative records. Chapter 3 — Administration Section 31: Chief Executive and staff 79. Section 31 provides for a Chief Executive and administrative staff. 80. Staff must not interfere with judicial decision-making. Section 32: Resources and accommodation 81. Section 32 requires the Ministry of Justice to make arrangements for the resources and accommodation reasonably required by the Court while respecting institutional independence. Section 33: Annual report 82. Section 33 requires the President to prepare and publish an annual report and lay it before Parliament. Part 4 — Judicial appointments Chapter 1 — The Judicial Appointments Commission Section 34: Judicial Appointments Commission 83. Section 34 places the Judicial Appointments Commission on a statutory basis. 84. The Commission is independent of Ministers and of the Judiciary in the exercise of its selection functions. Section 35: General duty 85. Section 35 requires the Commission to act fairly, openly and efficiently and to sustain the independence, quality and diversity of the Judiciary. Section 36: Selection on merit and good character 86. Section 36 requires selection solely on merit and requires good character. 87. It expressly excludes selection by political affiliation, personal favour or platform status. Section 37: Diversity duty 88. Section 37 requires the Commission to encourage diversity in the range of people available for judicial selection. 89. The duty does not override selection on merit. 90. Regulations may permit a proportionate equal-merit provision consistent with equality law. Section 38: Requests for selection 91. Section 38 governs requests to the Commission to conduct a selection exercise. 92. A request identifies the office, number of appointments, eligibility requirements, lawful business needs and intended appointment route but cannot dictate the selected person. Section 39: Selection process 93. Section 39 requires the Commission to determine and publish appropriate selection processes. 94. It permits proportionate use of application, assessment, references, interview, consultation and other methods. 95. Processes must include fair access and proportionate reasonable-adjustment arrangements. Section 40: Statutory consultation 96. Section 40 governs statutory consultation with judicial or other consultees. 97. Consultation does not confer a veto unless legislation expressly provides one. Section 41: Recommendation and report 98. Section 41 requires the Commission to recommend the selected person and maintain a sufficient selection record. 99. An appointing authority may accept, reject or require reconsideration only where legislation expressly provides for that power and only on the prescribed grounds. Section 42: Appointment 100. Section 42 identifies the range of lawful appointing authorities according to the office concerned. 101. It confirms that platform roles or administrative titles cannot constitute judicial appointment. Section 43: Temporary and urgent appointments 102. Section 43 permits an enactment to provide a narrow temporary appointment route where immediate business need requires it. 103. The route must preserve eligibility and independence and must not become a substitute for ordinary permanent recruitment. Section 44: Guidance and procedures 104. Section 44 restricts ministerial guidance concerning judicial selection to guidance authorised by law and requires consultation before material guidance is issued. 105. Guidance cannot require selection or rejection of a named person. Section 45: Annual report of the Commission 106. Section 45 requires the Commission to prepare and publish an annual report and lay it before Parliament. Chapter 2 — Judicial Appointments and Conduct Ombudsman Section 46: Judicial Appointments and Conduct Ombudsman 107. Section 46 places the Judicial Appointments and Conduct Ombudsman on a statutory basis and protects the independence of the office. Section 47: Appointments complaints 108. Section 47 permits eligible complaints about maladministration in judicial appointment processes after the applicable first-stage complaint route has been exhausted. 109. The Ombudsman may investigate administration and fairness but cannot substitute a candidate or conduct a fresh merits selection. Section 48: Conduct-process complaints 110. Section 48 permits complaints about maladministration in the handling of judicial-conduct matters after the first-stage review route has been exhausted. 111. The Ombudsman does not decide whether the original misconduct allegation was proved and does not act as an appeal court. Section 49: Ombudsman recommendations 112. Section 49 specifies the recommendations available where maladministration is found, including reconsideration, apology, correction, authorised compensation and systemic improvement. 113. The responsible body must consider the recommendation and respond with reasons. Section 50: Annual report of the Ombudsman 114. Section 50 requires an annual report to Parliament and permits systemic issues to be identified while protecting confidential information. Part 5 — Judicial conduct and discipline Section 51: Responsibility for judicial discipline 115. Section 51 makes the Lord Chancellor and Chief Justice jointly responsible for judicial discipline within the scope of the Part. 116. A disciplinary sanction requires the agreement prescribed by the section unless Parliament or another enactment provides a different constitutional removal route. 117. The Judicial Conduct Investigations Office supports the process but does not itself impose sanctions. Section 52: Scope of misconduct 118. Section 52 identifies conduct which may amount to judicial misconduct, including dishonesty, bullying or harassment, discrimination, misuse of office, serious failures to observe conduct standards, misuse of confidential information, serious conflicts and relevant criminal conduct. 119. A complaint which merely challenges a judgment, order, sentence, case-management decision, factual finding or legal interpretation is not a conduct complaint. 120. Bias may create both a case-specific recusal or appeal issue and a separate conduct issue. Each must be handled through the proper route. Section 53: Prescribed procedure 121. Section 53 gives the Chief Justice, with the Lord Chancellor’s agreement, power to make regulations prescribing the judicial-conduct procedure. 122. The section identifies the matters which may be covered, including complaints, initial assessment, investigation, panels, notice, evidence, representations, review, confidentiality, publication and suspension. 123. The prescribed procedure must secure procedural fairness and judicial independence. Section 54: Judicial Conduct Rules 124. Section 54 permits Judicial Conduct Rules to regulate the practical operation of the prescribed procedure. 125. Rules cannot create a sanction or removal ground not authorised by primary legislation. Section 55: Judicial Conduct Investigations Office 126. Section 55 places the Judicial Conduct Investigations Office within the statutory scheme as the administrative and investigative office supporting the Lord Chancellor and Chief Justice. 127. The Office receives and assesses complaints, manages evidence, supports investigating judges and panels, communicates with participants, maintains records and publishes authorised material. 128. The Office does not act as an appeal body and must remain separate from final disciplinary decision-making. Section 56: Suspension 129. Section 56 provides for suspension where necessary to protect the administration of justice or public confidence in specified serious circumstances. 130. Suspension is expressly a protective measure and not a finding of misconduct. 131. Immediate temporary suspension may be imposed for no more than seven days pending the agreement ordinarily required. Section 57: Disciplinary sanctions 132. Section 57 provides for formal advice, warning, reprimand and other non-removal sanctions authorised by regulations. 133. Sanctions must be proportionate and reasoned. Section 58: Removal from judicial office 134. Section 58 preserves the parliamentary removal route for offices protected by an address requirement. 135. Other judicial office-holders may be removed only through the lawful appointing route, on the required joint recommendation, after the prescribed process and on a ground authorised by the enactment governing the office. 136. A judicial office-holder cannot be removed merely because a decision is unpopular. Section 59: Former judicial office-holders 137. Section 59 permits regulations to allow conduct proceedings to continue after resignation or retirement where specified public-interest conditions are met. 138. Sanctions which cannot apply after departure cannot be imposed, but an authorised finding and proportionate publication may still be possible. Section 60: Publication of disciplinary decisions 139. Section 60 permits the prescribed procedure to regulate publication of disciplinary decisions. 140. Publication must be proportionate and take account of privacy, safeguarding, fairness and the interests of third parties and ongoing proceedings. Section 61: Relationship with appeal, recusal and judicial management 141. Section 61 preserves appeal and judicial-review rights and distinguishes recusal and ordinary judicial-management functions from formal discipline. 142. Formal discipline is required where a disciplinary finding or sanction is sought. Section 62: Records, confidentiality and data protection 143. Section 62 requires secure conduct records and regulates lawful information sharing. 144. It preserves legal professional privilege, judicial deliberative confidentiality, data-protection law and reporting restrictions. Part 6 — Judicial leadership, conduct standards and supplementary provisions Section 63: Guide to Judicial Conduct 145. Section 63 authorises the Chief Justice to issue and revise a Guide to Judicial Conduct. 146. The Guide may state standards concerning integrity, impartiality, independence, conflicts, behaviour, outside activities, communications and social media. 147. The Guide does not itself create a disciplinary sanction or replace the prescribed procedure. Section 64: Conflicts and recusal 148. Section 64 requires judicial office-holders to identify and manage actual or apparent conflicts of interest. 149. Where a conflict may affect proceedings, disclosure and recusal must be considered through the applicable judicial law and procedure. 150. A recusal decision is challengeable only through the appropriate judicial route, while a separate misconduct allegation proceeds through Part 5. Section 65: Judicial leadership functions 151. Section 65 permits the Chief Justice to issue guidance and make arrangements concerning judicial welfare, training, deployment, leadership and standards. 152. Those powers cannot be used to interfere with the independent determination of cases. 153. The Judicial College may provide education and training on matters arising under the Act. Section 66: Parliamentary accountability and judicial independence 154. Section 66 makes the Lord Chancellor accountable to Parliament for ministerial functions under the Act and provides for statutory accountability by the Commission and Ombudsman. 155. Parliament cannot direct the outcome of an individual case or disciplinary complaint except through an express constitutional removal power. Section 67: Information and co-operation 156. Section 67 requires reasonable co-operation with the Commission, Ombudsman and Judicial Conduct Investigations Office where lawfully required. 157. It preserves privilege, judicial confidentiality, national security, data protection and other statutory restrictions. 158. A compulsory information power exists only where expressly conferred by law. Section 68: Regulations 159. Section 68 contains general provision about statutory instruments under the Act. 160. The Lord Chancellor must consult the Chief Justice and materially affected statutory bodies before making regulations materially affecting judicial independence, appointments or conduct. 161. Core protections identified in subsection (4) cannot be amended through subordinate legislation. Section 69: Interpretation 162. Section 69 defines key terms used in the Act, including Chief Justice, high judicial office, judicial office-holder, Lord Chancellor, Ombudsman, qualifying legal practitioner, operating platform, prescribed procedure and Supreme Court. Section 70: Consequential relationship with other enactments 163. Section 70 confirms that the Senior Courts Act 2026, Magistrates’ Courts Act 2026, Courts Act 2026, Criminal Appeal Act 2026 and other justice legislation continue to govern the matters assigned to them. 164. The Act supplies the constitutional, Supreme Court, appointments, Ombudsman and discipline framework and does not impliedly repeal more specific procedural or jurisdictional provisions unless they are irreconcilable. Section 71: Extent and application 165. Section 71 defines the territorial and jurisdictional application of the Act and prevents its language from being interpreted as a transfer of real-world or other-jurisdiction functions. Section 72: Commencement 166. Section 72 brings the Act into force on 16 August 2026. Section 73: Short title 167. Section 73 gives the short title Constitutional Reform Act 2026. Schedules Schedule 1 — The Judicial Appointments Commission 168. Schedule 1 provides for a fifteen-member Judicial Appointments Commission consisting of— (a) a lay Chair; (b) a Vice Chair and Senior Judicial Commissioner; (c) five other lay Commissioners; (d) four judicial Commissioners; (e) one tribunal judicial Commissioner; (f) one non-legally-qualified judicial Commissioner; and (g) two professional Commissioners. 169. The Schedule requires the Chair to be lay and preserves meaningful lay participation. 170. Commissioners are appointed by the Lord Lieutenant on the Lord Chancellor’s recommendation following a fair and open process. 171. Judicial and tribunal appointments require the consultation specified by the Schedule. 172. Terms are normally limited to three years with one reappointment and six years’ continuous service. 173. The Schedule provides for removal only on specified grounds following a fair process. 174. It also covers conflicts, staff, committees, delegation, procedure, finance, records and publication. Schedule 2 — The Judicial Appointments and Conduct Ombudsman 175. Schedule 2 provides for appointment of the Ombudsman by the Lord Lieutenant on the Lord Chancellor’s recommendation after fair and open competition. 176. Serving Ministers, judicial office-holders and serving members or employees of the Commission or JCIO are ineligible. 177. The Ombudsman serves a single term of up to five years and is not eligible for reappointment. 178. The Schedule governs removal, staffing and resources, investigatory procedure, reports, publication and records. Schedule 3 — Transitional and consequential provisions 179. Schedule 3 protects continuity while moving existing institutions and arrangements onto the statutory basis created by the Act. 180. Existing judicial office-holders continue in office on their existing lawful terms. 181. Existing Judicial Appointments Commission offices and appointments continue, subject to the governance evidence requirements identified by the Schedule. 182. Existing selection exercises may continue where substantially compatible with the Act, with only the correction necessary to secure compliance. 183. Existing Supreme Court offices, cases and administration continue so far as compatible with the Act, with authoritative records migrated without loss of continuity. 184. JCIO continues under the statutory scheme, but no formal disciplinary sanction may be imposed until the prescribed procedure and applicable Conduct Rules are in force. 185. Pending conduct matters may be preserved and assessed after commencement but cannot create retrospective misconduct liability. 186. Existing guidance and records remain effective only so far as consistent with the Act and not superseded by a competent current product. 187. Consequential references to the named institutions are read, where the context permits, as references to the corresponding statutory institutions. 188. Nothing in Schedule 3 reopens or alters the merits of a judicial decision made before commencement. Commencement and publication 189. The Act comes into force on 16 August 2026. 190. The Ministry of Justice and Judicial Office are responsible for ensuring that the public guidance and operational products necessary to support the Act are published through the correct institutional routes. 191. The Act itself is published through legislation.gov.uh. Judicial guidance, judicial appointments material, judicial conduct information and Supreme Court public information are published through the appropriate judicial or statutory body. Court-administration services are published through GOV.UH and LL Courts & Tribunals Service. 192. These Explanatory Notes do not form part of the Act and do not confer jurisdiction, powers, duties or rights beyond those created by the Act and other applicable law.