Amendment of Part 5224
1
In the Table of Contents to the Part—
a
after the entry for rule 52.3 insert—
Permission to appeal in certain contempt proceedings
Rule 52.3A
b
after the entry for rule 52.7 insert—
Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court
Rule 52.7A
c
after the entry for rule 52.15 insert—
Variation of time in certain contempt proceedings
Rule 52.15A
2
In rule 52.1—
a
for paragraph (1) substitute—
1
The rules in this Part apply to—
a
appeals to the civil division of the Court of Appeal;
b
appeals to the High Court;
c
appeals to the County Court;
d
applications made in the High Court or the Court of Appeal for permission to appeal to the Supreme Court in contempt proceedings; and
e
applications made in the Court of Appeal for permission to appeal to the Supreme Court in proceedings other than contempt proceedings.
b
in paragraph (3)—
i
in sub-paragraph (b), after “made” insert “but does not include the Supreme Court”
;
ii
in sub-paragraph (c), after “brought” insert “but does not include the Court of Appeal”
;
iii
in sub-paragraph (e)(ii), at the end omit “and”;
iv
in sub-paragraph (f), for the full stop substitute “; and”
; and
v
after sub-paragraph (f) insert—
g
reference to an appeal in contempt proceedings is reference to—
i
an appeal by a defendant in respect of any order or decision made by a court in the exercise of its jurisdiction to punish for contempt of court or under an enactment enabling the court to deal with an offence as if it were a contempt of court or under section 14, 92 or 118 of the County Courts Act 1984; and
ii
an appeal by an applicant in respect of any order made on an application for committal or attachment.
3
In rule 52.3—
a
in paragraph (1)—
i
in sub-paragraph (a)(i), after “order” insert “made in the County Court or by a single judge of the High Court not sitting on an appeal”
;
ii
in sub-paragraph (a)(iii), at the end omit “or”;
iii
in sub-paragraph (b), at the end for the full stop substitute “; or”
; and
iv
after sub-paragraph (b) insert—
c
where the appeal is from the decision of—
i
a Divisional Court in contempt proceedings;
ii
a single judge of the High Court made on appeal in contempt proceedings;
iii
the Court of Appeal in contempt proceedings; or
iv
the Court of Appeal in proceedings other than contempt proceedings.
b
in paragraph (2), for “An” substitute “Unless the appeal is within paragraph (1)(c), an”
; and
c
in paragraph (3), for “Where” substitute “Unless the appeal is within paragraph (1)(c), where”
.
4
After rule 52.3 insert—
Permission to appeal in certain contempt proceedings52.3A
1
Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies—
a
an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and
b
the application must be made within 28 days of the date on which that Court provides reasons for its decision.
2
Where the appeal is one to which rule 52.3(1)(c)(iv) applies, an application for permission to appeal must be made to the Court of Appeal.
5
In rule 52.6(1), after “52.7” insert “or rule 52.7A”
.
6
After rule 52.7 insert—
Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court52.7A
1
This rule applies where the appeal is—
a
one to which rule 52.3(1)(c)(ii) applies; or
b
from a decision to which rule 52.3(1)(c)(i) or (iii) applies and which was itself made on appeal.
2
Where this rule applies the court from which the appeal lies may grant permission only if—
a
that court certifies that a point of general public importance is involved in the decision; and
b
it appears to that court that the point is one which ought to be considered by the Supreme Court.
7
In rule 52.8(1), after “Court of Appeal” insert “except where precluded by section 18(1)(a) of the Senior Courts Act 19817”
.
8
After rule 52.15 insert—
Variation of time in certain contempt proceedings52.15A
A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b).