Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015

2015 CHAPTER 2

Commentary on Sections

Part 3 – Courts and Tribunals

Other matters

Section 83: Minor amendments

629. Subsection (1) makes a minor amendment to section 132 of the Powers of Criminal Courts (Sentencing) Act 2000 by replacing “House of Lords” with “the Supreme Court”.

630. Subsection (2) amends section 13 of the Tribunals, Courts and Enforcement Act 2007 to allow rules of court in Scotland to alter the test that is applied to applications for permission to appeal from the Upper Tribunal to the Court of Session. Section 23 of the Crime and Courts Act 2013 gave the Court of Session the power to introduce the requirement that an application for permission to appeal should demonstrate that an appeal would raise an important point of principle, or some other compelling reason for the court to hear it. Subsection (2) provides that the rules may also provide that the court should hear an appeal if an application demonstrates that the appeal would raise an important point of practice. Subsection (2) enables rules to bring the test applied to applications for permission to appeal from the Upper Tribunal in Scotland into line with the test applied to such applications in England and Wales and Northern Ireland.