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Amendment of Act of 1961
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44. The Act of 1961 is amended—
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(a) in section 7—
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(i) by the insertion of the following subsection after subsection (3):
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“(3A) Without prejudice to the generality of subsection (3), an interlocutory application relating to an appeal before the Supreme Court or, unless the appeal itself is confined to a procedural matter, any procedural application or motion in the matter, may be heard and determined by—
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(a) the Chief Justice sitting alone, or
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(b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice.”,
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(ii) in subsection (4), by the insertion of “or subsection (4) of section 1A” after “section 1”,
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(iii) in subsection (5), by the insertion of “or subsection (4) of section 1A” after “section 1”,
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(iv) by the insertion of the following subsections after subsection (5):
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“(6) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—
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(a) the Chief Justice sitting alone, or
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(b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice,
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may, subject to any practice direction issued under subsection (7), make any order, or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Supreme Court.
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(7) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings and, without prejudice to the generality of Article 64 of the Constitution and the powers of the Supreme Court in that regard, the Chief Justice may issue directions (in this section referred to as ‘practice directions’) in relation to the conduct of appeals or applications made to the Supreme Court.
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(8) A practice direction may relate to—
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(a) civil or criminal proceedings, or both, or
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(b) a class or classes of civil or criminal proceedings, or both,
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and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a practice direction as appear to the Chief Justice to be necessary or expedient for the purposes of the direction.
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(9) A practice direction under this section shall be published in such manner as the Chief Justice may direct.
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(10) Subject to subsection (11), the following applications may be determined by the Supreme Court otherwise than with an oral hearing:
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(a) an application seeking leave to appeal against a decision of the Court of Appeal or the High Court, as the case may be, (in this section referred to as ‘leave to appeal’);
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(b) an application referred to in Article 64.3.3° of the Constitution;
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(c) an application referred to in Article 64.4.1° of the Constitution.
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(11) Where the Supreme Court considers it appropriate to do, having considered the documents lodged in respect of an application referred to in subsection (10), it may direct that the application, or any matter arising on the application, be determined with an oral hearing.
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(12) Where the Supreme Court directs under subsection (11) that an application be determined with an oral hearing, the direction shall be published in such manner as the Chief Justice shall direct.
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(13) Subject to subsections (14) and (15), the determination of an application referred to in subsection (10) shall be published in such form and manner as the Chief Justice shall direct.
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(14) Leave to appeal shall be granted by way of a certificate of the Supreme Court specifying the ground or grounds on which such appeal may be brought.
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(15) Where the Supreme Court determines an application referred to in subsection (10), the Court shall state its reasons for the determination and such reasons may be stated briefly and in general terms.
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(16) Where, upon application to it in that behalf by any party to an appeal against a decision of the High Court, the Supreme Court grants leave to appeal against the decision of the High Court, such grant of leave to appeal shall operate—
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(a) where an appeal has also been made to the Court of Appeal, to discontinue the appeal proceedings before the Court of Appeal in respect of the grounds on which the Supreme Court has granted leave to appeal, or
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(b) where no appeal has, at the time of the grant of the leave to appeal, been made to the Court of Appeal, to preclude such an appeal being made to the Court of Appeal on those grounds.
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(17) Subsections (6) to (16) are without prejudice to any powers of the Supreme Court in respect of proceedings before it.
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(18) In this section—
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(a) ‘appeal’ includes a cross-appeal or request to vary an order under appeal,
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‘party’ includes a notice party or a party permitted by the Supreme Court to intervene in proceedings,
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(b) a reference to an ‘interlocutory application’ includes a reference to an application which may be made under any enactment to the Supreme Court in criminal proceedings concerning the grant of a certificate of entitlement to legal aid.”,
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(b) in section 54, in paragraph (a), by the insertion of “, the Court of Appeal” after “the Supreme Court”, and
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(c) in the Eighth Schedule—
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(i) by the substitution of the following paragraph for paragraph 2:
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“Offices attached to the High Court, Court of Appeal, the Supreme Court and the President of the High Court
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(2) There shall become and be attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court respectively the following offices—
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To the High Court,
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The Central Office,
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The Taxing-Masters’ Office,
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The Probate Office,
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Two Examiners’ Offices or the Examiners’ Office,
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The Accountant’s Office;
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To the Court of Appeal,
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The Office of the Register of the Court of Appeal;
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To the Supreme Court,
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The Office of the Registrar of the Supreme Court;
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To the President of the High Court,
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The Office of Wards of Court.”,
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(ii) by the substitution of the following paragraph for paragraph 3:
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“Officers attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court.
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(3) There shall become and be attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court respectively the following officers (each of whom shall be a principal officer within the meaning of Part I of the Act of 1926)—
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To the High Court,
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The Master of the High Court,
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Two Taxing-Masters,
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The Probate Officer,
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Two Examiners or the Examiner,
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The Accountant;
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To the Court of Appeal,
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The Registrar of the Court of Appeal;
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To the Supreme Court,
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The Registrar of the Supreme Court;
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To the President of the High Court,
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The Registrar of Wards of Court.”,
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and
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(iii) by the substitution of the following for paragraph 22:
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“22. (1) In addition to the principal officers there shall be employed in the several offices mentioned in paragraph 2 of this Schedule such and so many officers, clerks, messengers, criers and servants as the Courts Service shall from time to time determine with the sanction of the Minister for Public Expenditure and Reform and after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court, with the President of the Court of Appeal in the case of the Office of the Registrar of the Court of Appeal and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.
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(2) All officers (other than the principal officers), clerks, messengers, criers and servants employed in any of the offices mentioned in paragraph 2 of this Schedule shall be interchangeable amongst such offices and shall be liable to serve in any of those offices as the Courts Service shall from time to time direct after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court, with the President of the Court of Appeal in the case of the Office of Registrar of the Court of Appeal and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.”.
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