Appeal
3 Cases in which appeal lies to House of Lords.
Subject as in this Act mentioned an appeal shall lie to the House of Lords from any order or judgment of any of the courts following; that is to say,
1
Of Her Majesty’s Court of Appeal in England; and
2
Of any Court in Scotland from which error or an appeal at or immediately before the commencement of this Act lay to the House of Lords by common law or by statute; and
3
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C24 Form of appeal to House of Lords. C1
Every appeal shall be brought by way of petition to the House of Lords, praying that the matter of the order or judgment appealed against may be reviewed before Her Majesty the Queen in her Court of Parliament, in order that the said Court may determine what of right, and according to the law and custom of this realm, ought to be done in the subject-matter of such appeal.
C45 Attendance of certain number of Lords of Appeal required at hearing and determination of appeals. C3
An appeal shall not be heard and determined by the House of Lords unless there are present at such hearing and determination not less than three of the following persons, in this Act designated Lords of Appeal; that is to say,
1
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Lords of Appeal in Ordinary to be appointed as in this Act mentioned; and
3
Such Peers of Parliament as are for the time being holding or have held any of the offices in this Act described as high judicial officesF3but this section is subject to sections 26(7)(b) and 27 of the Judicial Pensions and Retirement Act 1993 (prohibition on participating in the hearing and determination of appeals after attaining the age of seventy-five years, except for the purpose of completing proceedings already begun).
6 Appointment of Lords of Appeal in Ordinary by Her Majesty. C5
For the purpose of aiding the House of Lords in the hearing and determination of appeals, Her Majesty may . . . F5 by letters patent appoint . . . F6 qualified persons to be Lords of Appeal in Ordinary . . . F5
A person shall not be qualified to be appointed by Her Majesty a Lord of Appeal in Ordinary unless he has been at or before the time of his appointment the holder for a period of not less than two years of some one or more of the offices in this Act described as high judicial offices, or has been at or before such time as aforesaid, for not less than fifteen years,
F7a
a person who has a Supreme Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or
c
a practising member of the Bar of Northern Ireland.
Every Lord of Appeal in Ordinary shall hold his office during good behaviour, . . . F8 but he may be removed from such office on the address of both Houses of Parliament.
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Every Lord of Appeal in Ordinary, unless he is otherwise entitled to sit as a member of the House of Lords, shall by virtue and according to the date of his appointment be entitled during his life to rank as a Baron by such style as Her Majesty may be pleased to appoint, and shall . . . F5 be entitled to a writ of summons to attend, and to sit and vote in the House of Lords; his dignity as a Lord of Parliament shall not descend to his heirs.
On any Lord of Appeal in Ordinary vacating his office, by death resignation or otherwise, Her Majesty may fill up the vacancy by the appointment of another qualified person.
A Lord of Appeal in Ordinary shall, if a Privy Councillor, be a member of the Judicial Committee of the Privy Council, and, subject to the due performance by a Lord of Appeal in Ordinary of his duties as to the hearing and determining of appeals in the House of Lords, it shall be his duty, being a Privy Councillor, to sit and act as a member of the Judicial Committee of the Privy Council.