(1)An appeal to the Court of Appeal under this Part lies only with the leave of that Court.
(2)Subject to rules of court made under section 53(1) of the [F382Senior Courts Act 1981F382] (c. 54) (distribution of business between civil and criminal divisions) the criminal division of the Court of Appeal is the division—
(a)to which an appeal to that Court under this Part is to lie, and
(b)which is to exercise that Court’s jurisdiction under this Part.
(3)In relation to appeals to the Court of Appeal under this Part, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (c. 19) (subject to any specified modifications).
[F383 (4)Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—
[F384 (za)section 31(4) (appeals against determinations under section 10A),F384]
(a)section 43(1) or (2) (appeals against orders made in restraint proceedings), or
(b)section 65 (appeals against, or relating to, the making of receivership orders),
are in the discretion of the court.
(5)Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
(6)The court shall have full power to determine by whom and to what extent the costs are to be paid.
(7)In any proceedings mentioned in subsection (4), the court may—
(a)disallow, or
(b)(as the case may be) order the legal or other representative concerned to meet,
the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91.
(8) In subsection (7) “wasted costs” means any costs incurred by a party—
(a)as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
(b)which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(9) “Legal or other representative”, in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf. F383]
149.Section 89 establishes the general rules that will apply to any appeal to the Court of Appeal under Part 2 of the Act. The first of these is that the Court of Appeal’s leave to appeal is required. The second is that the appeal lies (subject to anything in rules of court under section 53(1) of the Supreme Court Act 1981) to the criminal division of the Court of Appeal.
150.Section 89 also enables the Secretary of State to make an order in relation to appeals to the Court of Appeal under Part 2 containing provision corresponding to any provisions of the Criminal Appeal Act 1968. An order of this kind will cover routine matters such as the procedures for obtaining leave to appeal and transcripts.