Administration of Justice Act 1969

24 Appeal Tribunals under Patents Act 1949 and Registered Designs Act 1949

(1) Section 85 of the [1949 c. 87.] Patents Act 1949 and section 28 of the [1949 c. 88.] Registered Designs Act 1949 (each of which provides for an Appeal Tribunal) shall be amended in accordance with the following provisions of this section.

(2) For subsection (2) of each of those sections (which provides that the Appeal Tribunal shall be a judge of the High Court nominated by the Lord Chancellor) there shall be substituted the following subsections:—

“(2) The Appeal Tribunal shall consist of one or more judges of the High Court nominated for the purpose by the Lord Chancellor.

(2A) At any time when it consists of two or more judges, the jurisdiction of the Appeal Tribunal—

(a) where in the case of any particular appeal the senior of those judges so directs, shall be exercised in relation to that appeal by both of the judges, or (if there are more than two) by two of them, sitting together, and

(b) in relation to any appeal in respect of which no such direction is given, may be exercised by any one of the judges;

and, in the exercise of that jurisdiction, different appeals may be heard at the same time by different judges”.

(3) After subsection (8) of each of those sections (which empowers the Appeal Tribunal to make rules) there shall be inserted the following subsection:—

“(8A) At any time when the Appeal Tribunal consists of two or more judges, the power to make rules under subsection (8) of this section shall be exercisable by the senior of those judges:

Provided that another of those judges may exercise that power if it appears to him that it is necessary for rules to be made and that the judge (or, if more than one, each of the judges) senior to him is for the time being prevented by illness, absence or otherwise from making them”.

(4) At the end of each of those sections there shall be inserted (as subsection (11) in the case of the said section 85 and as subsection (10) in the case of the said section 28) the following provision:—

“For the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of the High Court respectively”.