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Civil division of Court of Appeal |
| Composition. |
52. 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. |
53. 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. |
54. The office of registrar of civil appeals is abolished.
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High Court |
| Power of High Court to vary committal in default. |
55. In the Supreme Court Act 1981, after section 43 insert-
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| "Power of High Court to vary committal in default. |
43ZA. - (1) Where the High Court quashes the committal of a person to prison or detention by a magistrates' court or the Crown Court for-
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(a) a default in paying a sum adjudged to be paid by a conviction; or |
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(b) want of sufficient distress to satisfy such a sum, |
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the High Court may deal with the person for the default or want of sufficient distress in any way in which the magistrates' court or Crown Court would have power to deal with him if it were dealing with him at the time when the committal is quashed.
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(2) If the High Court commits him to prison or detention, the period of imprisonment or detention shall, unless the High Court otherwise directs, be treated as having begun when the person was committed by the magistrates' court or the Crown Court (except that any time during which he was released on bail shall not be counted as part of the period)."
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| Criminal causes and matters. |
56. - (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. |
57. - (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. |
58. - (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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| Cases stated for opinion of High Court. |
59. For section 28A of the Supreme Court Act 1981 (proceedings on case stated by magistrates' court) substitute-
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| "Proceedings on case stated by magistrates' court or Crown Court. |
28A. - (1) This section applies where a case is stated for the opinion of the High Court-
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(a) by a magistrates' court under section 111 of the Magistrates' Courts Act 1980; or |
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(b) by the Crown Court under section 28(1) of this Act. |
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(2) The High Court may, if it thinks fit, cause the case to be sent back for amendment and, where it does so, the case shall be amended accordingly.
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(3) The High Court shall hear and determine the question arising on the case (or the case as amended) and shall-
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(a) reverse, affirm or amend the determination in respect of which the case has been stated; or |
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(b) remit the matter to the magistrates' court, or the Crown Court, with the opinion of the High Court, |
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and may make such other order in relation to the matter (including as to costs) as it thinks fit.
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(4) Except as provided by the Administration of Justice Act 1960 (right of appeal to House of Lords in criminal cases), a decision of the High Court under this section is final."
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| Vice-president of the Queen's Bench Division. |
60. - (1) The Lord Chancellor may appoint one of the ordinary judges of the Court of Appeal as vice-president of the Queen's Bench Division and any person so appointed shall hold that office in accordance with the terms of his appointment.
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(2) In section 4 of the Supreme Court Act 1981 (composition of High Court)-
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(a) in subsection (1) (membership), after the words "the Senior Presiding Judge;" insert- |
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"(ddd) the vice-president of the Queen's Bench Division;", and |
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(b) in subsection (6) (vacancy in offices not to affect constitution), at the end insert "and whether or not an appointment has been made to the office of vice-president of the Queen's Bench Division." |
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(3) In section 5 of that Act (divisions of High Court), in subsection (1)(b) (Queen's Bench Division), after "thereof," insert "the vice-president of the Queen's Bench Division".
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