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Ghana (Consequential Provision) Act 1960

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2Pending appeals to Her Majesty in Council.

(1)Her Majesty may by Order in Council confer on the Judicial Committee of the Privy Council such jurisdiction in respect of appeals to Her Majesty in Council from a court or judge in Ghana which are pending immediately before the date on which Ghana becomes a Republic, and in which the records have been registered in the office of the Privy Council before that date, as appears to Her to be appropriate for giving effect to any arrangements between Her Majesty's Government in the United Kingdom and the Government of Ghana for any such appeals to be continued before and disposed of by that Committee.

(2)An Order in Council under this section may, if the arrangements so require, direct that any appeal continued before the Judicial Committee of the Privy Council under this section shall abate on a date specified in the Order unless it has been heard by the Committee before that date, and an Order containing such a direction may contain provisions to facilitate the hearing of any such appeal before that date, including provisions as to the sittings of the said Committee and provisions for expediting the steps to be taken by the parties preliminary to the hearing of an appeal.

(3)An Order in Council under this section—

(a)may determine the practice and procedure to be followed on any appeal continued before the said Committee under this section and, in particular, may provide for the form of any report or recommendation to be made by the Judicial Committee of the Privy Council in exercise of the jurisdiction conferred on that Committee under this section, and for its transmission to such authority in Ghana as may be specified in the Order, and

(b)may contain such other incidental and supplemental provisions as appear to Her Majesty to be desirable, and

(c)may be made either before or after Ghana becomes a Republic, and may be revoked or varied by a subsequent Order in Council, and

(d)may, though made after the date on which Ghana becomes a Republic, be made so as to have effect from that date.

(4)Except so far as otherwise provided by an Order in Council under this section, and subject to such modifications as may be so provided, the Judicial Committee Act, 1833, shall apply in relation to appeals continued before the Judicial Committee of the Privy Council under this section as it applied in relation to those appeals before Ghana became a Republic.

(5)Subject to the provisions of any Order under this section, nothing in this Act shall be construed as continuing in force any right of appeal to Her Majesty in Council from any court or judge in Ghana.

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