Section 13 Leave to appeal to Supreme Court.F1

England, Wales and Northern Ireland

(1)

Where in any proceedings the judge grants a certificate under section 12 of this Act, then, at any time within one month from the date on which that certificate is granted or such extended time as in any particular case the Supreme Court may allow, any of the parties to the proceedings may make an application to the Supreme Court under this section.

(2)

Subject to the following provisions of this section, if on such an application it appears to the F2Supreme Court to be expedient to do so, the Supreme Court may grant leave for an appeal to be brought directly to the Supreme Court; and where leave is granted under this section—

(a)

no appeal from the decision of the judge to which the certificate relates shall lie to the Court of Appeal, but

(b)

an appeal shall lie from that decision to the Supreme Court.

(3)

Applications under this section shall be determined without a hearing.

(4)

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Without prejudice to subsection (2) of this section, no appeal shall lie to the Court of Appeal from a decision of the judge in respect of which a certificate is granted under section 12 of this Act until—

(a)

the time within which an application can be made under this section has expired, and

(b)

where such an application is made, that application has been determined in accordance with the preceding provisions of this section.

Annotations

Textual amendments

F1: Words in s. 13 sidenote and s. 13(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 20(4)(a); S.I. 2009/1604, art. 2(d)
F2: Words in s. 13(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 20(4)(b); S.I. 2009/1604, art. 2(d)
F3: S. 13(4) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 146, 148(1), Sch. 9 para. 20(4)(c), {Sch. 18 Pt. 5)}; S.I. 2009/1604, art. 2(d)(f)

Notes on Part II

Textual amendments

F1: Pt. 2 heading substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 20(2); S.I. 2009/1604, art. 2(d)

Modifications

C1: Pt. II applied by Taxes Management Act 1970 (c. 9), s. 56(8)