|
|
|
Amendment of section 50A of Principal Act
|
| |
6. Section 50A of the Principal Act is amended—
|
|
| |
(a) in subsection (10), by the substitution of “an application for section 50 leave, an application for judicial review on foot of such leave or an application for leave under subsection (7),” for “an application for section 50 leave or an application for judicial review on foot of such leave,” and
|
|
| |
(b) by the insertion of the following subsections after subsection (12):
|
|
| |
“(13) For the avoidance of doubt, where—
|
|
| |
(a) the Court has granted leave to appeal its decision in accordance with subsection (7), or
|
|
| |
(b) an appeal has been brought to the Court of Appeal in accordance with subsection (8),
|
|
| |
any party to the appeal may, at any time thereafter prior to the determination of such appeal, without any prior application to the Court of Appeal, apply to the Supreme Court under Article 34.5.4° of the Constitution to determine the appeal.
|
|
| |
(14) Where the Supreme Court grants an application referred to in subsection (13), the Court of Appeal shall, in respect of the proceedings before it in relation to the appeal, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal, whether or not any application in relation to the appeal has been made to the Court of Appeal.
|
|
| |
(15) The Supreme Court shall act as expeditiously as possible consistent with the administration of justice in determining any application referred to in subsection (13) and, where the Supreme Court grants the application, any appeal.”.
|
