(1) In this section
"special office" means the office of Chief Judge in Equity, Chief Judge in
Divorce, Probate Judge, and any other special judicial office in the Court.
(2) Where, under the law in force immediately before the commencement of this
Act, any power is vested in the Judges collectively, or in any two or more
Judges, or in any Judge in special office, or in any Judge--
(a) that power
shall be exercised by the Court in all respects as those Judges or that Judge
might have exercised the power immediately before the commencement of this
Act, but in accordance with this Act and the rules,
(b) the Court shall have
power co-ordinate with the power of those Judges or that Judge, and
(c)
subject to paragraphs (a) and (b), that power shall not be exercised by those
Judges or that Judge.
(3) Where, under the law in force immediately before
the commencement of this Act, any power is vested in the Court, whether
generally or in any jurisdiction of the Court, that power shall be exercised
by the Court in all respects as the Court might have exercised the power
immediately before the commencement of this Act, but in accordance with this
Act and the rules.
(b) the power in question is vested in the Court as
a designated Court, in the Judges collectively or any two or more Judges as
designated persons, or in any Judge in special office or any Judge as a
designated person, or
(c) exercise of the power is expressed under the law in
force immediately before the commencement of this Act to be final or without
appeal.
(5) This section applies to a power which, immediately before the
commencement of this Act, is exercisable by rule nisi or rule absolute in any
proceedings or by other rule in the nature of an order or direction in any
proceedings, but otherwise does not apply to a power to make rules.
(6) This
section does not apply to a power--
(a) vested in the Chief Justice as Chief
Justice,
(b) vested in the Chief Judge in Equity in relation to the making of
general orders under Division 1 of Part 24 of the Conveyancing Act 1919 ,
(d) vested in a Judge as chairman, or additional temporary chairman, of the
Crown Employees Appeal Board,
(e) vested in a Judge in special office or
other Judge as member (whether chairman or otherwise) of a board, committee or
other body of persons not composed wholly of Judges.
(7) The Governor may
direct by proclamation published in the Gazette that this section shall not
apply to any power specified in the proclamation, being a power arising under
any Act or Imperial Act in force immediately before the commencement of this
Act, and the proclamation shall have effect accordingly, but subject to
section 41 of the Interpretation Act 1987 .
(8) Sections 40 and 41 of the
Interpretation Act 1987 apply to a proclamation under subsection (7) in the
same way as they apply to a statutory rule within the meaning of that Act.
