The office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of separation of powers.

The reform was motivated by concerns that the historical mixture of legislative, judicial, and executive power might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer who has legislative or executive power is likely not to be considered sufficiently impartial to provide a fair trial.

This act ensures that the powers of the Lord Chancellor and the Secretary of State for Justice have limitations on their abilities over the president of the court.

The newly created Cabinet position of Secretary of State for Constitutional Affairs (originally created to wholly replace the Lord Chancellor's executive function) continued, although the holder of that Cabinet post—renamed Secretary of State for Justice in 2007—currently also holds the office of Lord Chancellor.

The document is divided into three parts: the first concerns the reform of the office of Lord Chancellor, the second creates and sets the framework for a Supreme Court, and the third regulates the appointment of judges.

In carrying out this duty, the Lord Chancellor is required to address both houses of Parliament and deliver a report as to how he or she has managed the Judiciary system.

the Oath being: "I, (name), do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible.

Sections 32 to 37 are entitled Terms of Appointment and deal with issues such as tenure, salaries and allowances, resignation and retirement, and pensions.

Under the act such judges also have a courtesy title of Lord or Lady, for the expressed purpose of ensuring there is no perceived hierarchy among the JSCs.