7A.—(1) The Court of Appeal shall be a superior court of record with such appellate jurisdiction as is prescribed by the Constitution.

(2) Subject to the provisions of Article 64 of the Constitution and section 78(3) of the Act of 2014, there shall be vested in the Court of Appeal all appellate jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Supreme Court.

(3) Subject to section 78(1) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Court of Criminal Appeal.

(4) Subject to section 78(2) and (3) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Courts-Martial Appeal Court.

(5) The Court of Appeal may sit in divisions of 3 judges (including judges who are, by virtue of section 1A(3) or (6) of the Courts (Establishment and Constitution) Act 1961, additional judges of the Court of Appeal) and the divisions may sit at the same time.

(6) Notwithstanding the generality of subsection (5), an interlocutory application relating to an appeal before the Court of Appeal or, unless the appeal itself is confined to a procedural matter, any procedural application or motion in the matter, may be heard and determined by—

(a) the President of the Court of Appeal sitting alone, or

(b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal.

F17[(6A) Notwithstanding the generality of subsections (5) and (6), but subject to subsection (6C), in civil proceedings before the Court of Appeal, an application or appeal specified in subsection (6B) may be heard and determined by—

(a) the President of the Court of Appeal sitting alone, or

(b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal.

(6B) The following applications and appeals are specified for the purposes of subsection (6A):

(a) an application to dismiss an appeal on the basis that the appeal is—

(i) an abuse of process,

(ii) frivolous or vexatious, or

(iii) without substance or foundation;

(b) an appeal against an order for costs;

(c) an appeal against an order made pursuant to the slip rule;

(d) an appeal against an order made in respect of matters connected with the case management of proceedings;

(e) an appeal against such class or classes of order of the High Court of an interlocutory nature as may be prescribed in the Rules of the Superior Courts.

(6C) Where—

(a) the President of the Court of Appeal, or

(b) the judge nominated under subsection (6A)(b),

hears an application or an appeal in accordance with subsection (6A) and it appears to him or her that it is in the interests of justice that the application or the appeal be heard by a division of 3 judges, he or she shall refer the application or the appeal for hearing by such division.

(6D) In prescribing orders of an interlocutory nature for the purposes of subsection (6B)(e), the Superior Courts Rules Committee—

(a) shall have regard to the following:

(i) the interests of justice;

(ii) the need to ensure expeditious access to justice for all parties to proceedings;

(iii) the need for the expeditious disposal of proceedings in the High Court and, in particular, proceedings in respect of an appeal against an order of the High Court of an interlocutory nature;

(iv) the need to ensure the most effective and efficient use of the resources of the Court of Appeal,

and

(b) may, for those purposes, prescribe any of the following orders either generally, or in respect of particular categories of proceedings:

(i) an order for discovery, including further and better discovery;

(ii) an order refusing discovery, including further and better discovery;

(iii) an order requiring the delivery of replies to particulars;

(iv) an order refusing to direct the delivery of replies to particulars;

(v) an order requiring an answer to interrogatories;

(vi) an order refusing to direct an answer to interrogatories;

(vii) an order granting an application for an interlocutory injunction;

(viii) an order refusing to grant an application for an interlocutory injunction;

(ix) an order for security for costs;

(x) an order refusing to grant security for costs;

(xi) an order granting an application to amend pleadings;

(xii) an order refusing to grant an application to amend pleadings;

(xiii) such other order of an interlocutory nature as the Superior Court Rules Committee considers appropriate having regard to the matters referred to in paragraph (a).]

(7) Where the Court of Appeal is exercising its jurisdiction in respect of a criminal matter before it, then unless the matter is one which involves a question as to the validity of any law having regard to the provisions of the Constitution, the decision of the majority of the judges of the Court hearing the case shall be the decision of the Court of Appeal and it shall be pronounced by such one of the judges of the Court as that Court shall direct and no other opinion whether assenting or dissenting shall be pronounced, nor shall the existence of any such other opinion be disclosed.

(8) The jurisdiction vested in the Court of Appeal shall include all powers, duties and authorities incidental to the jurisdiction so vested.

(9) In this section—

(a) "the establishment day" has the same meaning as it has in section 2 of the Act of 2014, and

(b) a reference to an "interlocutory application" includes a reference to an application which may be made under any enactment to the Court of Appeal in criminal proceedings concerning the grant of a certificate of entitlement to legal aid.]