Criminal Justice and Courts Bill (HL Bill 43)

(3) The rules may in particular provide that, in relation to anything done in breach
of that section, the relevant regulator may exercise any powers that the
regulator would have in relation to anything done by the regulated person in
breach of another restriction (subject to subsection (4)).

(4) 5A breach of section 50—

(a) does not make a person guilty of an offence, and

(b) does not give rise to a right of action for breach of statutory duty.

(5) Subsection (6) applies in a case where—

(a) a regulated person has offered a benefit to a person, and

(b) 10it appears to the regulator that the offer of the benefit is an inducement
to make a claim as mentioned in section 50(1)(b).

(6) Rules under subsection (2) may provide for the offer of the benefit to the person
to be treated as an inducement to make a claim as mentioned in section 50(1)(b)
unless the regulated person shows—

(a) 15that the benefit was offered for a reason other than encouraging the
person to make a claim or to seek advice from a regulated person with
a view to making a claim, or

(b) that the benefit is related to the provision of legal services in connection
with the claim (see regulations under section 50(4)).

52 20Inducements: interpretation

(1) In relation to an offer of a benefit which is an inducement to make a claim in
civil proceedings for damages for personal injury or death or arising out of
circumstances involving personal injury or death—

(a) a regulator is any person listed in column 1 below;

(b) 25a regulated person is any person listed in column 2;

(c) a regulator in column 1 is the relevant regulator in relation to the
corresponding person in column 2.

(2) For the purposes of this section and sections 50 and 51—

• “benefit” means—

  (a)

  10any benefit, whether or not in money or other property and
  whether temporary or permanent, and

  (b)

  any opportunity to obtain a benefit;

• “claim” includes a counter-claim;

• “legal services” means services provided by a person which consist of or
  15include legal activities (within the meaning of the Legal Services Act
  2007) carried on by or on behalf of that person;

• “personal injury” includes any disease and any other impairment of a
  person’s physical or mental condition.

(3) For the purposes of this section and section 51 whether an offer of a benefit is
20an inducement to make a claim is to be determined in accordance with section
50.

53 Inducements: regulations

(1) This section applies to regulations under section 50 or 52.

(2) The regulations are to be made by statutory instrument.

(3) 25The regulations may include consequential, supplementary, incidental,
transitional, transitory or saving provision.

(4) Regulations under section 50 may not be made unless a draft of the instrument
containing the regulations has been laid before, and approved by a resolution
of, each House of Parliament.

(5) 30A statutory instrument containing regulations under section 52 is subject to
annulment in pursuance of a resolution of either House of Parliament.

Appeals in civil proceedings

54 Appeals from the High Court to the Supreme Court

(1) Part 2 of the Administration of Justice Act 1969 (appeal from High Court to
35Supreme Court) is amended as follows.

(2) In section 12 (grant of a certificate by the trial judge enabling an appeal to the
Supreme Court), in subsection (1)—

(a) in paragraph (a), after “those proceedings” insert “or that the conditions
in subsection (3A) (“the alternative conditions”) are satisfied in relation
40to those proceedings”;

(b) omit paragraph (c) (requirement that all parties consent to the grant of
the certificate) and the “and” before it.

(3) After subsection (3) insert—

“(3A) The alternative conditions, in relation to a decision of the judge in any
5proceedings, are that a point of law of general public importance is
involved in the decision and that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
10considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the judge, a hearing
by the Supreme Court is justified, or

(c) the judge is satisfied that the benefits of earlier consideration by
the Supreme Court outweigh the benefits of consideration by
15the Court of Appeal.”

(4) In section 16 (application of Part 2 to Northern Ireland), after subsection (1)
insert—

“(1A) In the application of this Part of this Act to Northern Ireland, section 12
has effect as if—

(a) 20in subsection (1)(a) there were omitted “or that the conditions in
subsection (3A) (“the alternative conditions”) are satisfied in
relation to those proceedings”;

(b) after subsection (1)(b) there were inserted “, and

“(c) that all the parties to the proceedings consent to the
25grant of a certificate under this section,”;

(c) subsection (3A) were omitted.”

55 Appeals from the Upper Tribunal to the Supreme Court

In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—

“14A Appeal to Supreme Court: grant of certificate by Upper Tribunal

(1) 30If the Upper Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
the Upper Tribunal’s decision in any proceedings, and

(b) as regards that decision, a sufficient case for an appeal to the
Supreme Court has been made out to justify an application
35under section 14B,

the Upper Tribunal may grant a certificate to that effect.

(2) The Upper Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.

(3) The Upper Tribunal may grant a certificate under this section only if the
40relevant appellate court as regards the proceedings is—

(a) the Court of Appeal in England and Wales, or

(b) the Court of Appeal in Northern Ireland.

(4) The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
45that point of law is—

(a) a point of law that—

(i) relates wholly or mainly to the construction of an
enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully
5considered in the judgment of the Upper Tribunal in the
proceedings, or

(b) a point of law—

(i) in respect of which the Upper Tribunal is bound by a
decision of the relevant appellate court or the Supreme
10Court in previous proceedings, and

(ii) that was fully considered in the judgments given by the
relevant appellate court or, as the case may be, the
Supreme Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
15public importance is involved in the decision of the Upper Tribunal and
that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
20considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Upper Tribunal, a
hearing by the Supreme Court is justified, or

(c) the Upper Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
25consideration by the Court of Appeal.

(6) Before the Upper Tribunal decides an application made to it under this
section, the Upper Tribunal must specify the court that would be the
relevant appellate court if the application were an application for
permission (or leave) under section 13.

(7) 30In this section except subsection (6) and in sections 14B and 14C, “the
relevant appellate court”, as respects an application, means the court
specified as respects that application by the Upper Tribunal under
subsection (6).

(8) No appeal lies against the grant or refusal of a certificate under
35subsection (1).

14B Appeal to Supreme Court: permission to appeal

(1) If the Upper Tribunal grants a certificate under section 14A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.

(2) 40An application under subsection (1) must be made—

(a) within one month from the date on which that certificate is
granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) 45If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
an appeal.

(4) If permission is granted under this section—

(a) no appeal from the decision to which the certificate relates lies
to the relevant appellate court, but

(b) an appeal lies from that decision to the Supreme Court.

(5) 5An application under subsection (1) is to be determined without a
hearing.

(6) Subject to subsection (4), no appeal lies to the relevant appellate court
from a decision of the Upper Tribunal in respect of which a certificate
is granted under section 14A until—

(a) 10the time within which an application can be made under
subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

14C Appeal to Supreme Court: exclusions

(1) 15No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment (other than sections 14A and 14B), no appeal would lie from
that decision of the Upper Tribunal to the relevant appellate court, with
or without the permission (or leave) of the Upper Tribunal or the
20relevant appellate court.

(2) No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment, no appeal would lie from a decision of the relevant
appellate court on that decision of the Upper Tribunal to the Supreme
25Court, with or without the permission (or leave) of the relevant
appellate court or the Supreme Court.

(3) Where no appeal would lie to the relevant appellate court from the
decision of the Upper Tribunal except with the permission (or leave) of
the Upper Tribunal or the relevant appellate court, no certificate may
30be granted under section 14A in respect of a decision of the Upper
Tribunal unless it appears to the Upper Tribunal that it would be a
proper case for giving permission (or leave) to appeal to the relevant
appellate court.

(4) No certificate may be granted under section 14A in respect of a decision
35or order of the Upper Tribunal made by it in the exercise of its
jurisdiction to punish for contempt.”

56 Appeals from the Employment Appeal Tribunal to the Supreme Court

In the Employment Tribunals Act 1996, after section 37 insert—

“37A Appeals to Supreme Court: grant of certificate by Appeal Tribunal

(1) 40If the Appeal Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
the Appeal Tribunal’s decision or order in any proceedings, and

(b) as regards that decision or order, a sufficient case for an appeal
to the Supreme Court has been made out to justify an
45application under section 37B,

the Appeal Tribunal may grant a certificate to that effect.

(2) The Appeal Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.

(3) The Appeal Tribunal may not grant a certificate under this section in
the case of proceedings in Scotland.

(4) 5The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that point of law is—

(a) a point of law that—

(i) relates wholly or mainly to the construction of an
10enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully
considered in the judgment of the Appeal Tribunal in
the proceedings, or

(b) a point of law—

(i) 15in respect of which the Appeal Tribunal is bound by a
decision of the Court of Appeal or the Supreme Court in
previous proceedings, and

(ii) that was fully considered in the judgments given by the
Court of Appeal or, as the case may be, the Supreme
20Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that—

(a) the proceedings entail a decision relating to a matter of national
25importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Appeal Tribunal,
a hearing by the Supreme Court is justified, or

(c) 30the Appeal Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) No appeal lies against the grant or refusal of a certificate under
subsection (1).

37B 35Appeals to Supreme Court: permission to appeal

(1) If the Appeal Tribunal grants a certificate under section 37A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.

(2) An application under subsection (1) must be made—

(a) 40within one month from the date on which the certificate is
granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) If on such an application it appears to the Supreme Court to be
45expedient to do so, the Supreme Court may grant permission for such
an appeal.

(4) If permission is granted under this section—

(a) no appeal from the decision or order to which the certificate
relates lies to the Court of Appeal, but

(b) an appeal lies from that decision or order to the Supreme Court.

(5) An application under subsection (1) is to be determined without a
5hearing.

(6) Subject to subsection (4), no appeal lies to the Court of Appeal from a
decision or order of the Appeal Tribunal in respect of which a certificate
is granted under section 37A until—

(a) the time within which an application can be made under
10subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

37C Appeals to Supreme Court: exclusions

(1) No certificate may be granted under section 37A in respect of a decision
15or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment (other than sections 37A and 37B), no appeal would lie
from that decision or order of the Appeal Tribunal to the Court of
Appeal, with or without the leave or permission of the Appeal Tribunal
or the Court of Appeal.

(2) 20No certificate may be granted under section 37A in respect of a decision
or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment, no appeal would lie from a decision of the Court of
Appeal on that decision or order of the Appeal Tribunal to the Supreme
Court, with or without the leave or permission of the Court of Appeal
25or the Supreme Court.

(3) Where no appeal would lie to the Court of Appeal from the decision or
order of the Appeal Tribunal except with the leave or permission of the
Appeal Tribunal or the Court of Appeal, no certificate may be granted
under section 37A in respect of a decision or order of the Appeal
30Tribunal unless it appears to the Appeal Tribunal that it would be a
proper case for granting leave or permission to appeal to the Court of
Appeal.

(4) No certificate may be granted under section 37A where the decision or
order of the Appeal Tribunal is made in the exercise of its jurisdiction
35to punish for contempt.”

57 Appeals from the Special Immigration Appeals Commission to the Supreme
Court

(1) The Special Immigration Appeals Commission Act 1997 is amended as follows.

(2) Before section 8 insert—

“7B 40Appeals to Supreme Court: grant of certificate by Commission

(1) If the Special Immigration Appeals Commission is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
a final determination to which section 7(1) or (1A) applies, and

(b) in respect of that final determination, a sufficient case for an
appeal to the Supreme Court has been made out to justify an
application under section 7C,

the Commission may grant a certificate to that effect.

(2) 5The Commission may grant a certificate under this section only on an
application made by a party to the appeal or review to which the final
determination relates.

(3) The Commission may not grant a certificate under this section if the
final determination is made by the Commission in Scotland.

(4) 10The conditions in this subsection are that a point of law of general
public importance is involved in the final determination and that point
of law is—

(a) a point of law that—

(i) relates wholly or mainly to the construction of an
15enactment or statutory instrument, and

(ii) has been fully argued in the proceedings on the appeal
or review to which the final determination relates and
fully considered in the judgment of the Commission, or

(b) a point of law—

(i) 20in respect of which the Commission is bound by a
decision of the appropriate appeal court or the Supreme
Court in previous proceedings, and

(ii) that was fully considered in the judgments given by the
appropriate appeal court or, as the case may be, the
25Supreme Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
public importance is involved in the final determination and that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) 30the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Commission, a
hearing by the Supreme Court is justified, or

(c) the Commission is satisfied that the benefits of earlier
35consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) No appeal lies against the grant or refusal of a certificate under
subsection (1).

7C Appeals to Supreme Court: permission to appeal

(1) 40If the Special Immigration Appeals Commission grants a certificate
under section 7B in relation to a final determination, a party to the
appeal or review to which the final determination relates may apply to
the Supreme Court for permission to appeal directly to the Supreme
Court.

(2) 45An application under subsection (1) must be made—

(a) within one month from the date on which that certificate is
granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
5an appeal.

(4) If permission is granted under this section—

(a) no appeal from the final determination to which the certificate
relates lies to the appropriate appeal court, but

(b) an appeal lies from that determination to the Supreme Court.

(5) 10An application under subsection (1) is to be determined without a
hearing.

(6) Subject to subsection (4), no appeal lies to the appropriate appeal court
from a final determination of the Commission in respect of which a
certificate is granted under section 7B until—

(a) 15the time within which an application can be made under
subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

7D Appeals to Supreme Court: exclusions

(1) 20No certificate may be granted under section 7B in respect of a final
determination of the Special Immigration Appeals Commission where,
by virtue of any enactment (other than sections 7B and 7C), no appeal
would lie from that decision of the Commission to the appropriate
appeal court, with or without the leave or permission of the
25Commission or the appropriate appeal court.

(2) No certificate may be granted under section 7B in respect of a final
determination of the Commission where, by virtue of any enactment,
no appeal would lie from a decision of the appropriate appeal court on
that determination of the Commission to the Supreme Court, with or
30without the permission or leave of the appropriate appeal court or the
Supreme Court.

(3) Where no appeal would lie to the appropriate appeal court from a final
determination of the Commission except with the leave or permission
of the Commission or the appropriate appeal court, no certificate may
35be granted under section 7B in respect of a final determination unless it
appears to the Commission that it would be a proper case for granting
leave to appeal to the appropriate appeal court.

(4) No certificate may be granted under section 7B in respect of a decision
or order of the Commission made by it in the exercise of its jurisdiction
40to punish for contempt.”

(3) In section 1(4) (challenges to decisions of the Commission), after “section 7”
insert “and sections 7B to 7D”.

(4) In section 7(3) (appeals from the Commission: definition of “the appropriate
appeal court”), after “In this section” insert “and sections 7B to 7D”.

(5) 45In section 8 (procedure on applications for leave to appeal)—

(a) in subsection (1), at the end insert “or for the grant of a certificate under
section 7B”, and

(b) in subsection (2), omit “for leave to appeal”.

(6) In the heading of section 8, after “leave to appeal” insert “etc”.

5Costs in civil proceedings

58 Wasted costs in certain civil proceedings

(1) Section 51 of the Senior Courts Act 1981 (costs in civil division of Court of
Appeal, High Court, family court and county court) is amended as follows.

(2) After subsection (7) (wasted costs) insert—

“(7A) 10Where the court exercises a power under subsection (6) in relation to
costs incurred by a party, it must inform such of the following as it
considers appropriate—

(a) an approved regulator;

(b) the Director of Legal Aid Casework.”

(3) 15After subsection (12) insert—

“(12A) In subsection (7A)—

• “approved regulator” has the meaning given by section 20 of the
  Legal Services Act 2007;

• “the Director of Legal Aid Casework” means the civil servant
  20designated under section 4 of the Legal Aid, Sentencing and
  Punishment of Offenders Act 2012.”

Juries and members of the Court Martial

59 Upper age limit for jury service to be 75

(1) The Juries Act 1974 is amended as follows.

(2) 25In section 1(1)(a) (qualification for jury service) for the words from “and” to the
end substitute “and aged eighteen or over but under seventy six”.

(3) In section 3(1) (electoral register as basis of jury selection), for “less than
eighteen or more than seventy years of age” substitute “—

(a) aged under eighteen, or

(b) 30aged seventy six or over”.

60 Jurors and electronic communications devices

In the Juries Act 1974, after section 15 insert—

“15A Surrender of electronic communications devices

(1) A judge dealing with an issue may order the members of a jury trying
35the issue to surrender any electronic communications devices for a
period.

(2) An order may be made only if the judge considers that—

(a) the order is necessary or expedient in the interests of justice, and