Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Appeals to Court of Appeal | ||
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113. (1) An appeal to the Court of Appeal shall lie in respect of a determination of the High Court on an appeal under section 106 in respect of a decision by an adjudicator under section 90 or 91 . | ||
(2) The determination of the High Court on— | ||
(a) an appeal under section 105 against an urgent interim measures notice, | ||
(b) an application for confirmation under section 109 , | ||
(c) an application for judicial review of any other decision made or act done under this Act by the Commission (including decisions made or acts done under this Act by an authorised officer or by an adjudicator), | ||
(d) a reference to the Court by way of case-stated by an adjudicator under section 111 , or | ||
(e) an application to the High Court for compliance with an urgent interim measure under section 57 , | ||
shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be made to the Court of Appeal. | ||
(3) In respect of an application for confirmation under section 109 , where the point of law which would otherwise be certified is a point that could have been brought by way of an appeal under section 106 , the High Court may only in exceptional circumstances grant leave to appeal to the Court of Appeal under subsection (2). | ||
(4) Subsection (2) shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. | ||
(5) On an appeal from a determination of the High Court to which subsection (2) applies, the Court of Appeal shall— | ||
(a) have jurisdiction to determine only the point of law certified by the High Court under subsection (2) (and to make only such order in the proceedings as follows from such determination), and | ||
(b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice. |