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Section 15 Cases excluded from s. 12.

England, Wales and Northern Ireland

(1)

No certificate shall be granted under section 12 of this Act in respect of a decision of the judge in any proceedings where by virtue of any enactment, apart from the provisions of this Part of this Act, no appeal would lie from that decision to the Court of Appeal, with or without the leave of the judge or of the Court of Appeal.

C1(2)

No certificate shall be granted under section 12 of this Act in respect of a decision of the judge where—

F1(a)

the decision is in proceedings other than proceedings under the M1 Matrimonial Causes Act 1965, and

(b)

by virtue of any enactment, apart from the provisions of this Part of this Act, no appeal would (with or without the leave of the Court of Appeal or of the F2Supreme Court) lie from any decision of the Court of Appeal on an appeal from the decision of the judge.

(3)

Where by virtue of any enactment, apart from the provisions of this Part of this Act, no appeal would lie to the Court of Appeal from the decision of the judge except with the leave of the judge or of the Court of Appeal, no certificate shall be granted under section 12 of this Act in respect of that decision unless it appears to the judge that apart from the provisions of this Part of this Act it would be a proper case for granting such leave.

(4)

No certificate shall be granted under section 12 of this Act where the decision of the judge, or any order made by him in pursuance of that decision, is made in the exercise of jurisdiction to punish for contempt of court.

Annotations

Textual amendments

F1

S. 15(2)(a) repealed (E.W.) by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. IV

F2

Words in s. 15(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 20(6); S.I. 2009/1604, art. 2(d)

Marginal citations

M1

1965 c.72.

Modifications

C1

S. 15(2) excluded by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 6(2)

S. 15(2) excluded (1.3.2002) by S.I. 2001/3929, arts. 1(b), 3, Sch. 1 para. 4(2)

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)