OpenLegislation

Article 9 The Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006

Original text. Later amendments are not shown.

(1)

The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006f1 is amended as follows.

(2)

Part 3 is renamed “Appeals to the Supreme Court: England and Wales”.

(3)

In article 15 (right of appeal to the House of Lords)—

(a)

in the heading and in paragraphs (1) and (2) for “House of Lords” substitute “Supreme Court”;

(b)

in paragraph (3) for “the House of Lords” and “that House” substitute “the Supreme Court”.

(4)

In article 16 (application for leave to appeal)—

(a)

for “House of Lords” in each place substitute “Supreme Court”;

(b)

in paragraph (3) for “that House or the Court” substitute “the Supreme Court or the Court of Appeal”.

(5)

In article 17 (hearing and disposal of appeal)—

(a)

omit paragraphs (1) and (2);

(b)

in paragraph (3) for “House of Lords” substitute “Supreme Court” and for “the Court” substitute “the Court of Appeal”.

(6)

In article 19 (detention of offender on appeal by the specified prosecutor) for “House of Lords” in each place substitute “Supreme Court”.

(7)

In article 20 (presence of offender at hearing)—

(a)

for “House of Lords” in both places substitute “Supreme Court”;

(b)

for “House” substitute “Supreme Court”.

(8)

Part 5 is renamed “Appeals to the Supreme Court: Northern Ireland”.

(9)

In article 34 (right of appeal to the House of Lords)—

(a)

in the heading and in paragraphs (1) and (2) for “House of Lords” substitute “Supreme Court”;

(b)

in paragraph (3) for “the House of Lords” and “that House” substitute “the Supreme Court”.

(10)

In article 35 (application for leave to appeal)—

(a)

for “House of Lords” in each place substitute “Supreme Court”;

(b)

in paragraph (3) for “that House or the Court” substitute “the Supreme Court or the Court of Appeal”.

(11)

In article 36 (hearing and disposal of appeal)—

(a)

omit paragraphs (1) and (2);

(b)

in paragraph (3) for “House of Lords” substitute “Supreme Court” and for “the Court” substitute “the Court of Appeal”.

(12)

In article 38 (detention of offender on appeal by the specified prosecutor) for “House of Lords” in each place substitute “Supreme Court”.

(13)

In article 39 (presence of offender at hearing)—

(a)

for “House of Lords” in both places substitute “Supreme Court”;

(b)

for “House” substitute “Supreme Court”.

(14)

In article 42 (legal aid) in paragraph (3) for “House of Lords” substitute “Supreme Court”.

(15)

In article 43 (costs)—

(a)

for “House of Lords” in each place substitute “Supreme Court”;

(b)

in paragraph (1) for “the Court or the House” in both places substitute “the Court of Appeal or the Supreme Court”;

(c)

in paragraph (2) for “House” substitute “Supreme Court”.

(16)

In article 44 (taxation of costs)—

(a)

for “House of Lords” in both places substitute “Supreme Court”

(b)

for “Clerk of the Parliaments” substitute “Registrar of the Supreme Court”.

Annotations

Footnotes

f1

S.I. 2006/2135.