Singapore legislation
Clause 31
Clause 31
Saving and transitional provisions
(1)
Divisions 7 and 9 of Part III of the amended Act apply, on or after the appointed date, to any decision of the High Court made before the appointed date against which no appeal has been brought to the Court of Appeal before the appointed date, as if the decision were a decision of the General Division of the High Court, other than the following decisions:
any decision of the High Court in a case where an appeal could not have been brought to the Court of Appeal under section 34(1) of the unamended Act;
any decision of the High Court in a case where leave of the High Court or the Court of Appeal, or leave of a Judge of the Family Division of the High Court, was required to bring an appeal to the Court of Appeal under section 34(2), (2A) or (4) of the unamended Act.
(2)
To avoid doubt —
subsection (1) does not create any right of appeal; and
an appeal cannot be brought against any decision of the High Court made before the appointed date in any case where an appeal could not have been brought to the Court of Appeal under section 34(1) of the unamended Act.
(3)
Despite section 13, where an appeal against a decision of the High Court has been brought to the Court of Appeal before the appointed date —
the appeal continues, on or after that date, in the Court of Appeal as if section 13 had not been enacted; (b)Part V of the amended Act does not apply to the appeal; and
Parts IV and IVA of the unamended Act continue to apply to the appeal as if section 13 had not been enacted, subject to the following modifications:
any reference to the High Court in sections 30(4), 35 and 37(2) of the unamended Act is to be read as a reference to the General Division of the High Court;
“Judge of Appeal” has the meaning given to “Judge” (in relation to the Court of Appeal) by section 2 of the amended Act;
sections 29 and 34 of the unamended Act are to be disregarded.
(4)
Despite sections 12, 13 and 23, where the High Court has made a decision before the appointed date in a case mentioned in section 34(2), (2A) or (4) of the unamended Act and no appeal has been brought to the Court of Appeal against that decision before the appointed date —
Divisions 7 and 9 of Part III of, and the Fifth Schedule to, the amended Act do not apply to an appeal against that decision;
section 34 of, and the Fifth Schedule to, the unamended Act continue to apply to an appeal against that decision as if sections 13 and 23 had not been enacted, subject to the modification that any reference to the leave of the High Court is to be read as a reference to the leave of the General Division of the High Court;
if leave is granted under section 34 of the unamended Act as applied by paragraph (b) to bring an appeal against that decision to the Court of Appeal —
Part V of the amended Act does not apply to that appeal; and
Parts IV and IVA of the unamended Act continue to apply to that appeal as if section 13 had not been enacted, subject to the following modifications:
any reference to the High Court in sections 30(4), 35 and 37(2) of the unamended Act is to be read as a reference to the General Division of the High Court;
“Judge of Appeal” has the meaning given to “Judge” (in relation to the Court of Appeal) by section 2 of the amended Act;
sections 29 and 34 of the unamended Act are to be disregarded.
(5)
To avoid doubt, proceedings begun in the High Court (other than proceedings of the Family Division of the High Court or of the Singapore International Commercial Court) before the date of commencement of this subsection continue, on or after that date, in the General Division of the High Court, as if the proceedings had begun in the General Division of the High Court.
(6)
Despite sections 22(d) and 23 —
section 29A(1)(c) of, and the Fifth Schedule to, the amended Act do not apply to any order mentioned in paragraph 1(c), (d), (e), (f) or (g) of the Fourth Schedule to the unamended Act that is made before the appointed date; and
section 34(1) of, and the Fourth Schedule to, the unamended Act continue to apply to any such order as if sections 22(d) and 23 had not been enacted.
(7)
Despite sections 9 and 21 —
section 21 of, and the Third Schedule to, the amended Act do not apply to any decision of a District Court or Magistrate’s Court made before the appointed date; and
section 21 of, and the Third Schedule to, the unamended Act continue to apply to any such decision as if sections 9 and 21 had not been enacted, subject to the following modifications:
any reference to the High Court is to be read as a reference to the General Division of the High Court;
“Judge” has the meaning given by section 2 of the amended Act.
(8)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent to the enactment of that provision as the Minister may consider necessary or expedient.
(9)
In this section —
Definition
“amended Act” means the principal Act as in force on or after the appointed date;
Definition
“appointed date” means the date of commencement of sections 9, 12, 13, 21, 22 and 23;
Definition
“unamended Act” means the principal Act as in force immediately before the appointed date.