9. In Part 35 (Appeal to the High Court by case stated), after the second paragraph of the note to rule 35.2 (Application to state a case) insert—
“Where Part 34 (Appeal to the Crown Court) applies, an application to which this rule applies may be determined by a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate without justices of the peace: see rule 34.11 (Constitution of the Crown Court).”.