Statutory Instruments
2016 No. 717 (C. 52)
Civil Proceedings, England And Wales
Senior Courts Of England And Wales
Supreme Court Of The United Kingdom
Tribunals And Inquiries
The Criminal Justice and Courts Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2016
Made
6th July 2016
The Secretary of State, in exercise of the powers conferred by section 95(1) and (6) of the Criminal Justice and Courts Act 2015( 1 ), makes the following Order:
Citation and interpretation
1. This Order may be cited as the Criminal Justice and Courts Act 2015 (Commencement No. 4 and Transitional Provisions) Order 2016.
2. In this Order “the Act” means the Criminal Justice and Courts Act 2015.
Provisions coming into force on 8th August 2016
3. The following provisions of the Act come into force on 8th August 2016 —
(a) section 64 (appeals from the Upper Tribunal to the Supreme Court);
(b) section 65 (appeals from the Employment Appeal Tribunal to the Supreme Court);
(c) section 84(4) to (6) (likelihood of substantially different outcome for applicant);
(d) section 88 (capping of costs);
(e) section 89 (capping of costs: orders and their terms); and
(f) section 90 (capping of costs: environmental cases).
Transitional provisions
4. The amendments made by section 64 of the Act do not apply in relation to a decision of the Upper Tribunal made before 8th August 2016.
5. The amendments made by section 65 of the Act do not apply in relation to a decision or order of the Employment Appeal Tribunal made before 8th August 2016.
6. The amendments made by section 84(4) to (6) of the Act do not apply in relation to an application for relief under section 15 of the Tribunals, Courts and Enforcement Act 2007( 2 ) (Upper Tribunal’s “judicial review” jurisdiction), or an application for permission to apply for relief under that section, where the application for permission to apply for relief in that case was received by the Upper Tribunal before 8th August 2016.
7. Sections 88 to 90 of the Act do not apply in relation to judicial review proceedings where the claim form was filed in the High Court before 8th August 2016.
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
6th July 2016
2007 c. 15 . Section 15 has been amended by the Constitutional Reform Act 2005 (c. 4) , section 59(5) and Schedule 11, Part 1, paragraph 1(2).