A358
Addition of new
sections 34A
and 34B.
Ord. No. 52/87
SUPREME COURT (AMENDMENT)
27. The principal Ordinance is amended by adding, after section 34, the following
"Powers of
single Justice of Appeal in Court of Appeal in its criminal jurisdiction.
Composition of Court of Appeal in
its civil
jurisdiction.
1981 c. 54, S. 54.
34A. (1) Subject to subsection (2), in pursuance of the criminal jurisdiction of the Court of Appeal, any power of the Court of Appeal not involving the determination of the appeal may be exercised by a single Justice of Appeal in the same manner as it may be exercised by the Court of Appeal and subject to the same provisions.
(2) Where a single Justice of Appeal refuses an applica- tion to exercise any power of the Court of Appeal in pur- suance of subsection (1), the applicant shall be entitled to have the application determined by the Court of Appeal.
34B. (1) This section relates to the Court of Appeal in the exercise of its civil jurisdiction; and in this section “Court" means the Court of Appeal exercising such jurisdiction.
(2) The Court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of Justices of Appeal not less than 3.
(3) Where--
(a) part of any proceedings before the Court has been heard by an uneven number of Justices of Appeal greater than 3; and
(b) one or more members of the Court is or are unable
to continue,
the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than 3.
(4) The Court shall, if it consists of 2 Justices of Appeal, be duly constituted for the purpose of—
(a) hearing and determining any appeal against an interlocutory order or interlocutory judgment;
(b) hearing and determining any appeal against a decision of a single Justice of Appeal acting by virtue of section 35(1);
(c) hearing and determining any appeal where all the partics have before the hearing filed a consent to the appeal being heard and determined by 2 Justices of Appeal;
(d) hearing the remainder of, and determining, any appeal where part of it has been heard by 3 or more Justices of Appeal of whom one or more are unable to continue and all the parties have consented to the remainder of the appeal being heard, and the appeal being determined, by 2 remaining Justices of Ap- peal; or
SUPREME COURT (AMENDMENT)
Ord. No. 52/87
A359
(e) hearing and determining an appeal of any such description or in any such circumstances not covered by paragraphs (a) to (d) as may be prescribed for the purposes of this subsection by an order made by the Chief Justice.
(5) Where-
(a) an appeal has been heard by the Court consisting of
an even number of Justices of Appeal; and
(b) the members of the Court are equally divided,
the case shall, on the application of any party to the appeal, be re-argued before and determined by an uneven number of Justices of Appeal not less than 3, before any appeal to the Privy Council.'
(6) In any cause or matter pending before the Court a single Justice of Appeal may at any time during any vacation make an interim order to prevent prejudice to the claims of any parties pending an appeal.
(7) Section 53 shall apply in relation to causes and matters before the Court as it applies in relation to causes and matters before the High Court.”.
28. Section 35 of the principal Ordinance is amended by deleting Amendment of subsections (2) and (4).
29. Section 37 of the principal Ordinance is amended---
(a) by being renumbered as subsection (1) thereof; and
(b) by inserting, after subsection (1), the following—
"(2) The deputy registrars and assistant registrars may be called Masters.".
30. Section 38 of the principal Ordinance is amended—
(a) in subsection (1)(a), by deleting "Supreme Court of Judicature in
England" and substituting the following-
"Supreme Court of England and Wales”;
and
(b) in subsection (2), by deleting "deputy or assistant registrar" and
substituting the following-
"Master".
section 35.
Amendment of section 37.
Amendment of section 38.
31. The principal Ordinance is amended by adding, after section 38, Addition of new the following-
"Bailiff.
38A. There shall be a bailiff of the Supreme Court together with such assistant bailiffs as may be appointed, to effect, in accordance with rules of court, orders for committal and for service and execution of the process of the Court.".
section 38A.