West Indies Associated States (Appeals to Privy Council) Order 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/224 |
| Year | 1967 |
1967 No. 224
JUDICIAL COMMITTEE
The West Indies Associated States (Appeals to Privy Council) Order 196722ndFebruary 1967
27thFebruary 1967
At the Court at Buckingham Palace, the 22nd day of February 1967
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in the exercise of the powers in that behalf by section 1 of the Judicial Committee Act 1844(a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement.
1. This Order may be cited as the West Indies Associated States (Appeals to Privy Council) Order 1967 and shall come into operation on 27th February 1967.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"appeal" means appeal from a decision of the Court to Her Majesty in Council;
"Court" means the Court of Appeal established by the Courts Order;
"Courts Order" means the West Indies Associated States Supreme Court Order 1967(b);
"the prescribed date" means the date prescribed under section 1(2) of the Courts Order;
"record" means the aggregate of papers relating to an appeal (including pleadings, proceedings, evidence and decisions) proper to be laid before Her Majesty in Council on the hearing of an appeal;
"Registrar" means the Registrar of the Court or other proper officer having custody of the records of the Court;
"State" means a State as defined in section 2 of the Courts Order.
(2) The Interpretation Act 1889(c) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purposes of interpreting, and in relation to, Acts of Parliament.
Appeals to Her Majesty in Council from the States.
3. An appeal shall lie to Her Majesty in Council from decisions of the Court given in any proceeding originating in a State in such cases as may be prescribed by or in pursuance of the Constitution of that State.
(a) 1844 c. 69.
(b) S.I. 1967/223 (1967 I, p. 364).
(c) 1889 c. 63.
Applications for leave to appeal.
4. Applications to the Court for leave to appeal shall be made by motion or petition within twenty-one days of the date of the decision to be appealed from, and the applicant shall give all other parties concerned notice of his intended application.
Conditional leave to appeal.
5. Leave to appeal to Her Majesty in Council in pursuance of the provisions of any law relating to such appeals shall, in the first instance, be granted by the Court only—
(a) upon condition of the appellant, within a period to be fixed by the Court but not exceeding ninety days from the date of the hearing of the application for leave to appeal, entering into good and sufficient security to the satisfaction of the Court in a sum not exceeding £500 sterling for the due prosecution of the appeal and the payment of all such costs as may become payable by the applicant in the event of his not obtaining an order granting him final leave to appeal, or of the appeal being dismissed for non-prosecution, or of the Judicial Committee ordering the appellant to pay the costs of the appeal (as the case may be); and
(b) upon such other conditions (if any) as to the time or times within which the appellant shall take the necessary steps for the purposes of procuring the preparation of the record and the despatch thereof to England as the Court, having regard to all the circumstances of the case, may think it reasonable to impose.
Powers of a single judge.
6. A single judge of the Court shall have power and jurisdiction—
(a) to hear and determine any application to the Court for leave to appeal in any case where under any provision of law an appeal lies as of right from a decision of the Court;
(b) generally in respect of any appeal pending before Her Majesty in Council, to make such order and to give such other directions as he shall consider the interests of justice or circumstances of the case require:
Provided that any order, directions or decision made or given in pursuance of this section may be varied, discharged or reversed by the Court...
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