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Changes over time for: Section 40
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Version Superseded: 22/09/2015
Status:
Point in time view as at 01/10/2009. This version of this provision has been superseded.
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Changes to legislation:
Constitutional Reform Act 2005, Section 40 is up to date with all changes known to be in force on or before 03 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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40JurisdictionU.K.
This section has no associated Explanatory Notes
(1)The Supreme Court is a superior court of record.
(2)An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.
(3)An appeal lies to the Court 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.
(4)Schedule 9—
(a)transfers other jurisdiction from the House of Lords to the Court,
(b)transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and
(c)makes other amendments relating to jurisdiction.
(5)The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.
(6)An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.
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