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Civil division of Court of Appeal |
| Composition. |
45. In section 54 of the Supreme Court Act 1981 (composition of court of civil division of Court of Appeal), for subsections (2) to (4) (number of judges) substitute-
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"(2) Subject as follows, a court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of one or more judges.
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(3) The Master of the Rolls may, with the concurrence of the Lord Chancellor, give (or vary or revoke) directions about the minimum number of judges of which a court must consist if it is to be duly constituted for the purpose of any description of proceedings.
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(4) The Master of the Rolls, or any Lord Justice of Appeal designated by him, may (subject to any directions under subsection (3)) determine the number of judges of which a court is to consist for the purpose of any particular proceedings.
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(4A) The Master of the Rolls may give directions as to what is to happen in any particular case where one or more members of a court which has partly heard proceedings are unable to continue."
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| Calling into question of incidental decisions. |
46. For section 58 of the Supreme Court Act 1981 (exercise of incidental jurisdiction in civil division of Court of Appeal) substitute-
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| "Calling into question of incidental decisions in civil division. |
58. - (1) Rules of court may provide that decisions of the Court of Appeal which-
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(a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court, and |
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(b) do not involve the determination of an appeal or of an application for permission to appeal, |
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may be called into question in such manner as may be prescribed.
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(2) No appeal shall lie to the House of Lords from a decision which may be called into question pursuant to rules under subsection (1)."
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| Registrar of civil appeals. |
47. The office of registrar of civil appeals is abolished.
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Jurisdiction of single judge of High Court |
| Criminal causes and matters. |
48. - (1) In section 1(1)(a) of the Administration of Justice Act 1960 (appeal to House of Lords from decision of Divisional Court of the Queen's Bench Division in a criminal cause or matter), for "a Divisional Court of the Queen's Bench Division" substitute "the High Court".
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(2) In sections 4(2) and (3) and 9(2) of that Act (bail pending appeal), for "a Divisional Court" substitute "the High Court".
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| Contempt of court. |
49. - (1) Section 13(2) of the Administration of Justice Act 1960 (appeals in cases of contempt of court) is amended as follows.
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(2) In paragraph (a) (appeal from inferior courts from which appeal does not lie to Court of Appeal to lie to a Divisional Court of the High Court), omit "a Divisional Court of".
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(3) In paragraph (b) (appeal to Court of Appeal from county court or single judge of High Court), for "decision, of a single" substitute "decision (other than a decision on an appeal under this section) of a single".
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(4) In paragraph (c) (appeal from Divisional Court or Court of Appeal to House of Lords), insert at the beginning "from a decision of a single judge of the High Court on an appeal under this section,".
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| Habeas corpus. |
50. - (1) In the Administration of Justice Act 1960, omit-
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(a) section 14(1) (order for release on criminal application for habeas corpus to be refused only by Divisional Court of Queen's Bench Division), and |
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(b) section 15(2) (no appeal to House of Lords from order made by single judge on criminal application for habeas corpus). |
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(2) In section 15 of that Act (appeals in habeas corpus cases)-
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(a) in subsection (3) (no restriction on grant of leave to appeal to House of Lords against decision of Divisional Court on a criminal application for habeas corpus), and |
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(b) in subsection (4) (exceptions to right to be discharged in case of appeal to House of Lords against order of Divisional Court on such an application), |
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for "a Divisional Court" substitute "the High Court".
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