Joint Committee on Statutory Instruments Seventh Report


Memorandum by the Lord Chancellor's Department


1.  By a letter of 13 January from its Commons Clerk, the Committee asked for a memorandum on the following point:

    New RSC Order 59 rule 1B, substituted by rule 3(1), provides that every appeal is to be subject to leave except those mentioned in sub-paragraphs (a) to (c). Explain, having regard to section 18(1A) of the Supreme Court Act 1981 which enables leave to be made a requirement only "in any such class of case as may be prescribed" by the Rules, what authorises the making of the requirement generally, that is for all classes of case with the exception of those specified (contrasting the earlier version of rule 1B as introduced in SI 1993/2133).

2.  The Department considers that 'every appeal except (a), (b) and (c)' is a class of case and therefore falls within section 18(1A); and that it is not necessary to confine the formulation of a class to listing individual types of proceedings (if that is the implication of the Committee's question). That would be an extremely cumbersome way of drafting where, as here, the greater part of the range of possible cases within the scope of the power is actually to be included.

25th January 1999

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