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Civil Appeals (Scotland) Bill [AS INTRODUCED]

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Civil Appeals (Scotland) Bill [AS INTRODUCED] Civil Appeals (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Civil Appeals Committee 2 Appointment of judges 3 Jurisdiction 4 Procedure 5 Modification of enactments 6 Ancillary provision 7 Interpretation 8 Repeals 9 Short title, commencement and transitional provisions __________ Schedule 1 —Modification of enactments Schedule 2 —Repeals SP Bill 77 Session 2 (2006) Civil Appeals (Scotland) Bill 1 ACCOMPANYING DOCUMENTS Explanatory Notes, together with other accompanying documents, are printed separately as SP Bill 77-EN. A Policy Memorandum is printed separately as SP Bill 77-PM. Civil Appeals (Scotland) Bill [AS INTRODUCED] An Act of the Scottish Parliament to provide for a final right of civil appeal to a Civil Appeals Committee and to abolish the right of civil appeal to the House of Lords; and for connected purposes. 1 Civil Appeals Committee 5 (1) There is to be a Civil Appeals Committee in Scotland. (2) The Lord President may from time to time direct appointed judges to sit as the Civil Appeals Committee to hear and dispose of appeals. (3) The Civil Appeals Committee is duly constituted in any proceedings if it consists of at least five appointed judges. 10 2 Appointment of judges (1) The Lord President must appoint judges of the Civil Appeals Committee from the judges of the Court of Session. (2) The Court of Session may by act of sederunt provide that judges of the Civil Appeals Committee are to be appointed from members of the First or Second Division of the 15 Inner House and, when necessary, from the judges of the Outer House. 3 Jurisdiction (1) An appeal lies to the Civil Appeals Committee from any order or judgment of a court in Scotland if an appeal lay from that court to the House of Lords at or immediately before the commencement of this section. 20 (2) No appeal lies from the Civil Appeals Committee to the House of Lords. 4 Procedure (1) The Court of Session may by act of sederunt make rules governing the practice and procedure to be followed in the Civil Appeals Committee. (2) The rules must include provision as to the following— SP Bill 77 Session 2 (2006) 2 Civil Appeals (Scotland) Bill (a) requirements as to obtaining leave to appeal; (b) requirements as to giving security for costs; (c) requirements as to certification and signing of appeals; (d) time-limits for appeals. 5 5 Modification of enactments Schedule 1, which modifies enactments, has effect. 6 Ancillary provision (1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for 10 the purposes of or in consequence of this Act. (2) The power to make orders under subsection (1) is exercisable by statutory instrument. (3) But— (a) a statutory instrument containing an order under subsection (1) which modifies an Act is not made unless a draft of the instrument has been laid before, and 15 approved by resolution of, the Scottish Parliament; (b) a statutory instrument containing any other order under that subsection is subject to annulment in pursuance of a resolution of the Parliament. 7 Interpretation In this Act— 20 “appointed” means appointed by the Lord President; and “the Lord President” means the Lord President of the Court of Session. 8 Repeals The enactment mentioned in the first column in schedule 2 is repealed to the extent specified in the second column. 25 9 Short title, commencement and transitional provisions (1) This Act may be cited as the Civil Appeals (Scotland) Act 2007. (2) This Act comes into force six months after Royal Assent. (3) This Act does not apply to any appeals pending before the House of Lords immediately before the commencement of this Act. 30 (4) An appeal is pending before the House of Lords until any application for leave to appeal is disposed of and, if leave is granted, until the appeal is disposed of. (5) Where leave to appeal is not required, an appeal is pending before the House of Lords until the appeal is presented to that House and disposed of. (6) An appeal or an application for leave to appeal is to be treated as disposed of at the 35 expiration of the time within which it may be made, if it is not made within that time. Civil Appeals (Scotland) Bill 3 Schedule 1—Modification of enactments SCHEDULE 1 (introduced by section 5) MODIFICATION OF ENACTMENTS British Law Ascertainment Act 1859 (c. 63) 5 1 In section 4 (Her Majesty in Council or House of Lords on appeal may adopt or reject opinion) of the British Law Ascertainment Act 1859— (a) in the sidenote, after “House of Lords” insert “or the Civil Appeals Committee”; (b) after “House of Lords” in each place insert “or the Civil Appeals Committee”; and (c) after “that House” insert “or Committee”. 10 Nautical Assessors (Scotland) Act 1894 (c. 40) 2 In section 6 (calling in nautical assessors to assist) of the Nautical Assessors (Scotland) Act 1894— (a) in the sidenote, for “House of Lords” substitute “Court of Session”; (b) for “House of Lords” substitute “Civil Appeals Committee”; and 15 (c) for “Orders made by the House of Lords” substitute “Rules of the Court of Session”. National Health Service (Amendment) Act 1949 (c. 93) 3 In section 9 (application of Part 1 to Scotland) of the National Health Service (Amendment) Act 1949, in the substituted section 7(9) of the Act, as inserted by 20 subsection (4), for “House of Lords” in each place substitute “Civil Appeals Committee”. Miners’ Welfare Act 1952 (c. 23) 4 In section 17(3) (application to Scotland) of the Miners’ Welfare Act 1952, for “House of Lords” substitute “Civil Appeals Committee”. 25 Agricultural Marketing Act 1958 (c. 47) 5 In section 12(2)(a) (enforcement of decision of disciplinary committee and power to state case: Scotland) of the Agricultural Marketing Act 1958, for “House of Lords” in each place substitute “Civil Appeals Committee”. Caravan Sites and Control of Development Act 1960 (c. 62) 30 6 In section 32(2) (application of Part 1 to Scotland) of the Caravan Sites and Control of Development Act 1960, for “House of Lords” in each place substitute “Civil Appeals Committee”. 4 Civil Appeals (Scotland) Bill Schedule 1—Modification of enactments Taxes Management Act 1970 (c. 9) 7 (1) The Taxes Management Act 1970 is amended as follows. (2) In section 56(10) (statement of case for opinion of the High Court) for “House of Lords” substitute “Civil Appeals Committee”. 5 (3) In section 56A(10) (appeals from Special Commissioners) for “House of Lords” substitute “Civil Appeals Committee”. Litigants in Person (Costs and Expenses) Act 1975 (c. 47) 8 In section 1(2)(a) (costs or expenses recoverable) of the Litigants in Person (Costs and Expenses) Act 1975, for “House of Lords” substitute “Civil Appeals Committee”. 10 Industry Act 1975 (c. 68) 9 In paragraph 23(2) of Schedule 3 (arbitration) to the Industry Act 1975, for “House of Lords” in each place substitute “Civil Appeals Committee”. Race Relations Act 1976 (c. 74) 10 In section 57A(5) (claims under section 19B in immigration cases) of the Race Relations 15 Act 1976, at the definition of “immigration appellate body” after “Session” insert “, the Civil Appeals Committee”. Aircraft and Shipbuilding Industries Act 1977 (c. 3) 11 In paragraph 9(2) of Schedule 7 (procedure etc of arbitration tribunal) to the Aircraft and Shipbuilding Industries Act 1977, for “House of Lords” in each place substitute “Civil 20 Appeals Committee”. Estate Agents Act 1979 (c. 38) 12 In section 7(6) (appeals) of the Estate Agents Act 1979, for “House of Lords” in each place substitute “Civil Appeals Committee”. Solicitors (Scotland) Act 1980 (c. 46) 25 13 (1) The Solicitors (Scotland) Act 1980 is amended as follows. (2) In section 20(2)(a) (duty of Council of Law Society of Scotland to supply lists of solicitors holding practising certificates)— (a) after “Session” insert “and the Civil Appeals Committee”; and (b) delete sub-paragraph (ii). 30 (3) In section 25A (rights of audience), in the sidenote and in each of subsections (1)(a) and (4), after “Court of Session,” insert “the Civil Appeals Committee,”. Contempt of Court Act 1981 (c. 49) 14 In section 19 (interpretation) of the Contempt of Court Act 1981, in the definition of “Scottish proceedings”— Civil Appeals (Scotland) Bill 5 Schedule 1—Modification of enactments (a) for “House of Lords” substitute “Civil Appeals Committee”; and (b) for “such a court” substitute “the Restrictive Practices Court and the Employment Appeal Tribunal, sitting in Scotland”. Transport Act 1985 (c. 67) 5 15 (1) The Transport Act 1985 is amended as follows. (2) In section 9(9) (appeals against traffic regulation conditions) for “House of Lords” in each place substitute “Civil Appeals Committee”. (3) In paragraph 14(7) of Schedule 4 (consultation, powers and proceedings of the Transport Tribunal)— 10 (a) for “to the House of Lords” substitute “to the relevant court”; and (b) at the end insert— “(8) In this paragraph “the relevant court” means— (a) if the matter is pending before the Court of Appeal, the House of Lords; and 15 (b) if the matter is pending before the Court of Session, the Civil Appeals Committee.”. Legal Aid (Scotland) Act 1986 (c. 47) 16 In Part 1 of Schedule 2 (courts in which civil legal aid is available) to the Legal Aid (Scotland) Act 1986, for “the House of Lords” substitute “Civil Appeals Committee”. 20 Income and Corporation Taxes Act 1988 (c. 1) 17 In section 705A(12) (statement of case by tribunal) of the Income and Corporation Taxes Act 1988, for “House of Lords” substitute “Civil Appeals Committee”.
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