46Powers of Judge of Appeal

#### 46 Powers of Judge of Appeal 46 Powers of Judge of Appeal > > (1) A Judge of Appeal may exercise the powers of the Court of Appeal— > > > > > (a) to give any judgment by consent or make any order by consent, > > > > > (b) to dismiss an appeal or other proceedings for want of prosecution or for other cause specified in the rules, > > > > > (c) to dismiss an appeal or other proceedings on the application of the appellant or plaintiff, or > > > > > (d) to deal with costs and other matters incidental to the matters mentioned in paragraphs (a), (b) and (c). > > > (2) A Judge of Appeal may exercise the powers of the Court of Appeal— > > > > > (a) to make an order or give any direction concerning the institution of an appeal or other proceedings in the Court of Appeal, or > > > > > (b) to make any order or give any direction in any appeal or other proceedings, but not an order or direction involving the determination or decision of the appeal or other proceedings. > > > (3) Subsection (2) does not authorise a Judge of Appeal to grant or refuse leave to appeal to the Court of Appeal. > > > (4) The Court of Appeal may discharge or vary a judgment given by a Judge of Appeal, or an order made or direction given by a Judge of Appeal. > > > (5) Subject to subsection (4), a judgment, order or direction given or made by a Judge of Appeal is to have effect as a judgment, order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers of the Judge of Appeal under this section. > > **s 46:** Subst 1972 No 41, sec 4 (k). Am 1989 No 226, Sch 1.