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(2) For section 3 of the 1997 Act (section 2: supplementary) substitute— | |
“3 Process for making Civil Procedure Rules | |
(1) The Civil Procedure Rule Committee must, before making Civil | |
Procedure Rules— | |
(a) consult such persons as they consider appropriate, and | 5 |
(b) meet (unless it is inexpedient to do so). | |
(2) Rules made by the Civil Procedure Rule Committee must be— | |
(a) signed by a majority of the members of the Committee, and | |
(b) submitted to the Lord Chancellor. | |
(3) The Lord Chancellor may allow, disallow or alter rules so made. | 10 |
(4) Before altering rules so made the Lord Chancellor must consult the | |
Committee. | |
(5) Rules so made, as allowed or altered by the Lord Chancellor— | |
(a) come into force on such day as the Lord Chancellor directs, and | |
(b) are to be contained in a statutory instrument to which the | 15 |
Statutory Instruments Act 1946 applies as if the instrument | |
contained rules made by a Minister of the Crown. | |
(6) Subject to subsection (7), a statutory instrument containing Civil | |
Procedure Rules is subject to annulment in pursuance of a resolution of | |
either House of Parliament. | 20 |
(7) A statutory instrument containing rules altered by the Lord Chancellor | |
is of no effect unless approved by a resolution of each House of | |
Parliament before the day referred to in subsection (5)(a).” | |
Part 8 | |
Miscellaneous | 25 |
Provisions relating to criminal procedure and appeals | |
86 Alteration of place fixed for Crown Court trial | |
An application under section 76(3) of the 1981 Act (application for variation of | |
place fixed for Crown Court trial) is no longer required to be heard in open | |
court by a judge of the High Court; and accordingly section 76(4) of the 1981 | 30 |
Act ceases to have effect. | |
87 Appeals to Court of Appeal: procedural directions | |
(1) In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that | |
Act exercisable by single judge), in subsection (2), after paragraph (h) insert— | |
“(i) to make orders under section 23(1)(a).” | 35 |
(2) In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that | |
Act exercisable by registrar), in subsection (2), after paragraph (c) insert— | |
“(d) to make orders under section 23(1)(a).”, | |
and at the end of paragraph (b), omit “and”. | |
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(3) After section 31A of the 1968 Act insert— | |
“31B Procedural directions: powers of single judge and registrar | |
(1) The power of the Court of Appeal to determine an application for | |
procedural directions may be exercised by— | |
(a) a single judge, or | 5 |
(b) the registrar. | |
(2) “Procedural directions” means directions for the efficient and effective | |
preparation of— | |
(a) an application for leave to appeal, or | |
(b) an appeal, | 10 |
to which this section applies. | |
(3) A single judge may give such procedural directions as he thinks fit— | |
(a) when acting under subsection (1); | |
(b) on a reference from the registrar; | |
(c) of his own motion, when he is exercising, or considering | 15 |
whether to exercise, any power of his in relation to the | |
application or appeal. | |
(4) The registrar may give such procedural directions as he thinks fit— | |
(a) when acting under subsection (1); | |
(b) of his own motion. | 20 |
(5) This section applies to an appeal, and an application to the Court of | |
Appeal for leave to appeal, under— | |
(a) this Part, | |
(b) section 9 of the Criminal Justice Act 1987, or | |
(c) section 35 of the Criminal Procedure and Investigations Act | 25 |
1996. | |
31C Appeals against procedural directions | |
(1) Subsection (2) applies if a single judge gives, or refuses to give, | |
procedural directions. | |
(2) The Court of Appeal may, on an application to it under subsection (5)— | 30 |
(a) confirm, set aside or vary any procedural directions given by | |
the single judge, and | |
(b) give such procedural directions as it thinks fit. | |
(3) Subsection (4) applies if the registrar gives, or refuses to give, | |
procedural directions. | 35 |
(4) A single judge may, on an application to him under subsection (5)— | |
(a) confirm, set aside or vary any procedural directions given by | |
the registrar, and | |
(b) give such procedural directions as he thinks fit. | |
(5) An application under this subsection may be made by— | 40 |
(a) an appellant; | |
(b) a respondent, if the directions— | |
(i) relate to an application for leave to appeal and appear to | |
need the respondent’s assistance to give effect to them, | |
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(ii) relate to an application for leave to appeal which is to be | |
determined by the Court of Appeal, or | |
(iii) relate to an appeal. | |
(6) In this section— | |
“appellant” includes a person who has given notice of application | 5 |
for leave to appeal under any of the provisions mentioned in | |
section 31B(5); | |
“respondent” includes a person who will be a respondent if leave | |
to appeal is granted.” | |
(4) Sections 31B to 31C of the 1968 Act apply to— | 10 |
(a) applications for leave to appeal falling to be determined on or after the | |
date on which this section comes into force, and | |
(b) appeals in relation to which— | |
(i) a certificate under Part 1 of the 1968 Act that the case is fit for | |
appeal, or | 15 |
(ii) leave to appeal, | |
is granted on or after that date. | |
(5) “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19). | |
88 Extension of time for criminal appeals to House of Lords | |
(1) Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications | 20 |
for leave to appeal to House of Lords) as follows. | |
(2) In subsection (1)— | |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of that court” substitute “relevant date”. | |
(3) After subsection (1) insert— | 25 |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the decision of the court below, or | |
(b) if later, the date on which that court gives reasons for its | |
decision.” | |
(4) Amend section 34 of the 1968 Act (applications for leave to appeal to the House | 30 |
of Lords) as follows. | |
(5) In subsection (1)— | |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of the Court” substitute “relevant date”. | |
(6) After subsection (1) insert— | 35 |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the Court of Appeal’s decision, or | |
(b) if later, the date on which the Court gives reasons for its | |
decision.” | |
89 Retirement age of Registrar of Criminal Appeals | 40 |
(1) In section 92 of the 1981 Act (tenure of offices in Supreme Court)— | |
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(a) in subsection (2) (offices with retirement age of 70, but with possibility | |
of extensions to not beyond 75), omit “except the office of Queen’s | |
Coroner and Attorney and Master of the Crown Office and Registrar of | |
Criminal Appeals”, | |
(b) omit subsections (2D) and (2E) (retirement age of 62 for that office), and | 5 |
(c) in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to | |
be held during good behaviour), for “to which subsection (1), (2A) or | |
(2D) applies” substitute “listed in column 1 of Part 1 or 2 of Schedule 2”. | |
(2) In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) | |
(retirement), after the entry relating to a Deputy or temporary Master, Queen’s | 10 |
Bench Division, insert— | |
“Queen’s Coroner and Attorney and Master of the Crown Office | |
and Registrar of Criminal Appeals”. | |
90 Appeals to Courts-Martial Appeal Court: procedural directions | |
(1) In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the | 15 |
Appeal Court under Part 2 of that Act exercisable by single judge), in | |
subsection (1), after paragraph (g) insert— | |
“(h) to make orders under section 28(1)(a).”, | |
and at the end of paragraph (f), omit “and”. | |
(2) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act | 20 |
exercisable by registrar), in subsection (1), at the end of paragraph (b) insert | |
“and— | |
(c) to make orders under section 28(1)(a).”, | |
and at the end of paragraph (a), omit “and”. | |
(3) After section 36A of that Act insert— | 25 |
“36B Procedural directions: powers of single judge and registrar | |
(1) The power of the Appeal Court to determine an application for | |
procedural directions may be exercised by— | |
(a) a judge of the Appeal Court, or | |
(b) the registrar. | 30 |
(2) “Procedural directions” means directions for the efficient and effective | |
preparation of— | |
(a) an application for leave to appeal, or | |
(b) an appeal, | |
under this Part. | 35 |
(3) A judge of the Appeal Court may give such procedural directions as he | |
thinks fit— | |
(a) when acting under subsection (1); | |
(b) on a reference from the registrar; | |
(c) of his own motion, when he is exercising, or considering | 40 |
whether to exercise, any power of his in relation to the | |
application or appeal. | |
(4) The registrar may give such procedural directions as he thinks fit— | |
(a) when acting under subsection (1); | |
(b) of his own motion. | 45 |
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