HL Deb 05 July 1995 vol 565 cc1172-3

32 Clause 37, page 29, line 31, at end insert:

'(6A) Comments in writing made under subsection (1) (a) or (5) (a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the note of appeal) on the basis of which leave to appeal is granted.

(6B) Where the arguable grounds of appeal are specified by virtue of subsection (6A) above it shall not, except by leave of the High Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified.

(6C) Any application by the appellant for the leave of the High Court under subsection (6B) above—

  1. (a) shall be made not less than seven days before the date fixed for the hearing of the appeal; and
  2. (b) shall, not less than seven days before that date, be intimated by the appellant to the Crown Agent.'.

33 Page 29, line 36, at end insert:

'() After subsection (3) of section 233 of that Act (restriction on arguing ground not in note of appeal) there shall be inserted the following subsection— (3A) Subsection (3) above shall not apply as respects any ground of appeal specified as an arguable ground of appeal by virtue of subsection (6A) of section 230A of this Act.".'.

34 Page 30, line 42, at end insert:

'(6A) Comments in writing made under subsection (1) (a) or (5) (a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the stated case) on the basis of which leave to appeal is granted.

(6B) Where the arguable grounds of appeal are specified by virtue of subsection (6A) above it shall not, except by leave of the High Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the stated case but not so specified.

(6C) Any application by the appellant for the leave of the High Court under subsection (6B) above—

  1. (a) shall be made not less than seven days before the date fixed for the hearing of the appeal; and
  2. (b) shall, not less than seven days before that date, be intimated by the appellant to the Crown Agent.'.

35 Page 30, line 47, at end insert:

'() After subsection (3) of section 452 of that Act (restriction on arguing ground not in stated case) there shall be inserted the following subsection— (3A) Subsection (3) above shall not apply as respects any ground of appeal specified as an arguable ground of appeal by virtue of subsection (6A) of section 442ZA of this Act.".'.

36 Page 31, line 43, at end insert:

'(5A) Comments in writing made under subsection (1) (a) or (4) (a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the note of appeal) on the basis of which leave to appeal is granted.

(5B) Where the arguable grounds of appeal are specified by virtue of subsection (5A) above it shall not, except by leave of the High Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified.

(5C) Any application by the appellant for the leave of the High Court under subsection (5B) above—

  1. (a) shall be made not less than seven days before the date fixed for the hearing of the appeal; and
  2. (b) shall, not less than seven days before that date, be intimated by the appellant to the Crown Agent.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 32 to 36 en bloc.

Moved, that the House do agree with the Commons in their Amendments Nos. 32 to 36 en bloc.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.