- Statutory Instrument 1998 No. 3049 (L. 16)
The Rules of the Supreme Court (Amendment No. 2) 1998
© Crown Copyright 1998
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Rules of the Supreme Court (Amendment No. 2) 1998 , ISBN 0 11 079936 4. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 8th December 1998 | ||
| Laid before Parliament | 9th December 1998 | ||
| Coming into force | 1st January 1999 |
We the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 1981[1] to make rules of court under section 84 of that Act, exercise those powers as follows-
Citation, commencement and interpretation
1. - (1) These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1998 and shall come into force on 1st January 1999.
2. In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965[2].
Leave to appeal to the Court of Appeal
3. - (1) In Order 59, for rule 1B[3] the following shall be substituted-
-
"
1B.
- (1) Every appeal shall be subject to leave except an appeal against-
-
(a) the making of a committal order;
(b) a refusal to grant habeas corpus; or
(c) an order made under Section 25 of the Children Act 1989 (secure accommodation orders)[4].
(2) Leave to appeal to the Court of Appeal may be given by the court below or by the Court of Appeal."
Transitional provision
4.
Rule 3 shall apply to all cases regardless of when the order against which an appeal is sought was made unless-
-
(a) an appeal against the order was set down, or
(b) an application for an extension of time for serving notice of appeal or for setting down the appeal in respect of the order was lodged with the Court of Appeal,
before 1st January 1999.
Irvine of Lairg, C.
Bingham of Cornhill,
Woolf MR,
Stephen Brown V-C,
Richard Scott,
Bell, J.,
J.A. Wall
Dated 8th December 1998
(This note is not part of the Order)
These Rules amend the Rules of the Supreme Court so as to subject all appeals to the Court of Appeal, with three exceptions, to a leave requirement.
Notes:
[1] 1981 c. 54; section 85 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 36(1).back
[2] S.I. 1965/1776; relevant amending instruments are noted in footnote (c).back
[3] Rule 1B was inserted by S.I. 1993/2133 and amended by S.I. 1995/2206.back
ISBN 0 11 079936 4