Military Service Pensions (Amendment) Act, 1945

Appeals against certain orders of the High Court relating to reports of the Referee.

3.—Where—

(a) a conditional order of certiorari has been granted directing the Minister to send before the High Court for the purpose of being quashed a report of the Referee on an application for a service certificate, and

(b) the conditional order has been made absolute by an order (in this section referred to as the absolute order) of the High Court made at any time during: the period commencing on the 1st day of February, 1945, and ending on the date of the passing of this Act,

then, whether or not any further order or orders to quash the said report or allowing costs or otherwise is or are made (whether before or after the passing of this Act) in the matter by the High Court, the following provisions shall have effect—

(i) the Minister may, notwithstanding any rule of court, appeal, within twenty-eight days after the date of the passing of this Act, to the Supreme Court against the absolute order and such further order or orders (if any),

(ii) if the Minister so appeals and the appeal is allowed, no costs in the High Court or the Supreme Court shall be awarded to, or recoverable from the Minister by, the prosecutor, but the Supreme Court may make such order as it thinks fit for the payment to the Minister by the prosecutor of the costs of the Minister in the High Court or the Supreme Court or in both.