THE SCHEDULE
Article 2
The Judicial Committee (Appellate Jurisdiction) Rules 2009
PART 1
Scope and interpretation
1. Scope
(1) The rules in Parts 1 to 6 of this Schedule and the practice directions which supplement them provide the procedure for civil and criminal appeals to the Judicial Committee of the Privy Council under its general appellate jurisdiction.
(2) The rules in Parts 7 and 8 of this Schedule provide the procedure for appeals under two separate enactments:
(a)
(a) the rule in Part 7 of this Schedule applies to appeals to the Judicial Committee under section 17 of the Veterinary Surgeons Act 1966;
(b)
(b) the rule in Part 8 of this Schedule applies to appeals to the Judicial Committee under section 1 of the Brunei (Appeals) Act 1989.
2. Interpretation
(1) In the Rules in this Schedule (“these Rules”) —
“agent” means a solicitor or other person qualified to conduct proceedings before the Judicial Committee;
“appellant” means a person who files an application for permission to appeal or who files a notice of appeal;
“business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 197110, in England and Wales;
“certificate of service” means a certificate given under rule 6;
“counsel” includes any person with the right to be heard as an advocate at a full hearing before the Judicial Committee;
“court below” means the court from which an appeal (or application for permission to appeal) is made to the Judicial Committee;
“electronic means” means CD ROMs, memory sticks, email, fax or other means of electronic communication of the contents of documents;
“filing” means filing in the Registry in accordance with rule 7 and related expressions have corresponding meanings;
”financially assisted person” means an appellant in relation to whom a certificate under rule 38 has effect;
“form” and the “appropriate form” have the meanings given by rule 4;
“the Judicial Committee” means the Judicial Committee of the Privy Council;
“party” means an appellant, a respondent and an intervener under rule 27;
“the Registrar” means the Registrar of the Judicial Committee;
“the Registry” means the Registry of the Judicial Committee;
“requisite number of copies” means the number of copies which are to be provided under the relevant practice direction or as directed by the Court;
“respondent” means—
(a) a person other than the appellant who was a party to the proceedings in the court below and who is affected by the appeal; and
(b) a person who is permitted by the Judicial Committee to be a party to the appeal;
“service” and related expressions have the meanings given by rule 6.
(2) References in these Rules or in any form to a party’s signing, filing or serving any document or taking any other procedural step include the signature, filing or service of that document or the taking of such other procedural step by the party’s agent.
(3) Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.
3. Practice Directions
Any reference in these Rules to a practice direction means a practice direction issued by the Judicial Committee to supplement these Rules, to provide for the forms to be used in proceedings before the Judicial Committee and to provide general guidance and assistance for counsel, agents and the parties.
4. Forms
(1) In these Rules, a form means a form set out in a practice direction and a reference to the “appropriate form” means the form provided by the relevant practice direction for any particular case.
(2) The forms shall be used in the cases to which they apply, and in the circumstances for which they are provided by the relevant practice direction, but a form may be varied by the Judicial Committee or a party if the variation is required by the circumstances of a particular case.
5. Time limits
(1) The Registrar may extend or shorten any time limit set by these Rules or any relevant practice direction (unless to do so would be contrary to any statutory provision).
(2) The Registrar may exercise these powers either on an application by one or more parties or without an application being made.
(3) The Registrar will notify the parties when a time limit is varied under this rule.
(4) An application for an extension may be granted after the time limit has expired.
(5) Where the appellant has—
(a)
(a) applied for assistance from public funds in the appellant’s jurisdiction; and
(b)
(b) informed the Registrar of that application,
the time limits in rules 11 and 18 shall be extended until 28 days after the final determination of the application for assistance from public funds.
(6) When the period specified –
(a)
(a) by these Rules or a practice direction, or
(b)
(b) by any judgment or order,
for doing any act at the Registry ends on a day on which the Registry is closed, that act shall be in time if done on the next day on which the Registry is open.
6. Service
(1) A document may be served...
