Explanatory note

(This note is not part of the Order)

The Schedule to this Order contains rules to govern the practice and procedure to be followed in relation to appeals to the Judicial Committee of the Privy Council. It replaces the Judicial Committee (General Appellate Jurisdiction) Rules Order 1982 (S.I. 1982/1676) and certain other statutory instruments which are revoked by article 4. Article 4(2) revokes the rules which regulated the exercise of the Judicial Committee’s devolution jurisdiction since that jurisdiction is transferred to the United Kingdom Supreme Court by the Constitutional Reform Act 2005 (c.4). Article 5 revokes a number of other Orders but only so far as they relate to the powers of the Judicial Committee and the procedure to be adopted by it with respect to proceedings before it. The procedure which these Orders provide for proceedings in the various courts from which appeals lie to the Judicial Committee is not affected.

Part 1 of the Schedule

(1)

contains interpretation provisions (rules 2, 3);

(2)

makes provision for forms (rule 4);

(3)

contains rules about the service and filing of documents (rules 6, 7);

(4)

sets out what the Registrar may do in the event that the rules are not complied with (rule 8);

(5)

sets out how and by whom procedural decisions will be made (rule 9).

Part 2 of the Schedule contains the rules governing applications for permission to appeal and provides for the documents that are to be filed and the relevant time limits. Part 3 of the Schedule contains the rules about commencement of, and preparation for, an appeal, providing for the documents that are to be filed and the relevant time limits.

Part 4 of the Schedule contains rules about the hearing of appeals by the Judicial Committee. Part 5 contains miscellaneous rules such as for the making of incidental applications (rule 31); for security for costs (rule 37); for making an application to be treated as a financially assisted person (rule 38). Rule 42 and the appendix to the Rules set the fees for proceedings before the Judicial Committee. The current fee levels (which were set in 2003) are increased by the rate of inflation since 2003 and rule 38 provides a procedure for appellants to claim exemption from the fees where this is justified by their circumstances or means.

Part 6 contains provisions in relation to costs.

Parts 7 and 8 provide the procedure for appeals under two separate enactments.

This Order comes into force on 21st April 2009 except for article 4(2) which comes into force on 1^st October 2009. On that date the transfer (provided for by section 40 of the Constitutional Reform Act 2005 (2005 c.4)) of the devolution jurisdiction from the Judicial Committee to the Supreme Court of the United Kingdom will take effect.