Prospective
(1)An appeal under section 15 may be brought only with the permission of a person or persons, known as “the appeal authority”, appointed by the Archbishops’ Council; and an application for permission to appeal must be made in accordance with the rules.
(2)A person is eligible for appointment under this section only if that person—
(a)holds or has held high judicial office, or
(b)holds or has held the office of circuit judge or has the qualifications required for holding that office.
(3)In making an appointment under this section, the Archbishops’ Council must seek to ensure that the application for permission and, if permission is granted, the appeal itself are heard without undue delay.
(4)An application for permission to appeal may be granted only if the appeal authority considers—
(a)that the appeal has a real prospect of success, or
(b)that there is some other compelling reason for the appeal to be heard.
(5)In determining an application for permission to appeal, the appeal authority is not subject to the direction of the Archbishops’ Council or the redress body (if it is not itself the Council).
(6)It is for the Archbishops’ Council to decide the terms (including as to remuneration) on which a person is appointed to determine an application for permission; and the Council may delegate the function of making decisions under this subsection.
(7)No person who is or has been appointed to determine an application for permission is liable in damages for anything done or omitted in the exercise or purported exercise of functions under this Measure or the rules.
(8)In subsection (2)(a), “high judicial office” means—
(a)high judicial office within the meaning of Part 3 of the Constitutional Reform Act 2005 (see section 60(2) of that Act), or
(b)membership of the Judicial Committee of the Privy Council.
Commencement Information
I1S. 16 not in force at Royal Assent, see s. 33(3)