Clause 10

The Attorney-General may, with the permission of court, intervene in any proceedings mentioned in subsection (3), where the Attorney-General is of the opinion that —

a question of public interest has arisen in those proceedings; and

the intervention is necessary in the public interest to place any information or evidence or make any representations or submissions before the court in those proceedings.(2) An application for permission of court under subsection (1) may be made by application without notice supported by an affidavit as to the matters in subsection (1)(a) and (b).(3) The Attorney‑General may apply for permission of court to intervene in any proceedings in a court —

that are not criminal proceedings;

to which the Attorney‑General is neither a party nor representing a party; and

whether commenced before, on or after the appointed day.(4) Without limiting subsection (3), the proceedings in which the Attorney‑General may apply to intervene include —

any judicial review proceedings, and any incidental or preliminary proceedings connected to those proceedings;

any civil proceedings, family proceedings or quasi‑criminal proceedings;

an appeal or a revision to, or a case stated or referred to or reserved for, a court, from a decision of a court, tribunal, panel, board or other body of persons or an individual, under any written law;

proceedings before a Judge of the General Division or before a court of 3 Supreme Court Judges under the Legal Profession Act; and

proceedings before a court of 3 Judges of the General Division for an appeal under the Medical Registration Act.(5) If the court is satisfied that the grounds for the Attorney‑General’s opinion in subsection (1) have been adequately set out in the application for permission and accompanying affidavit, the court must grant permission to the Attorney‑General to intervene in those proceedings.(6) The application for permission of court, supporting affidavit and order granting permission must be served on every party to the proceedings within 2 working days after the day the order granting permission to intervene is made.(7) Any party to the proceedings may, within 7 working days after the day the party is served in accordance with subsection (6), apply to the court to set aside the order granting permission to the Attorney‑General to intervene.(8) The court may set aside the order granting permission to the Attorney‑General to intervene if the court is satisfied that it would be in the interests of justice to do so, having regard to the circumstances of the case, including the stage of the proceedings in which the intervention is sought and any prejudice to any party or parties, but without enquiring into the grounds on which the Attorney‑General’s opinion in subsection (1) is based.(9) Upon the order granting permission to intervene in any proceedings —

the Attorney‑General is deemed to be a party to the proceedings;

the court before which the proceedings are held may in the proceedings make any order, including an order as to costs for or against the Government, that the court thinks fit; and

the Attorney‑General has the same right of appeal in the proceedings as a party to the proceedings.(10) Subsection (9) applies despite any application for setting aside of the order granting permission to the Attorney‑General to intervene, or any appeal against the decision to set aside or refuse to set aside the order, having been made, until the order granting permission to intervene is finally set aside and there is no further appeal thereon.(11) To avoid doubt, this section does not affect any right of the Attorney‑General to appear in any court, or to intervene in any proceedings, under any other written law.(12) In this section and section 4B —“Appellate Division” and “General Division” have the meanings given by section 2 of the Supreme Court of Judicature Act;“appointed day” means the date of commencement of section 10 of the Courts (Civil and Criminal Justice) Reform Act 2021;“working day” means any day other than a Saturday, Sunday or public holiday.Provisions for appeal, etc.4B.—

Subject to subsections (2) and (3), an appeal lies from any court —

against a decision refusing permission to the Attorney‑General to intervene or a decision to set aside the order granting permission to intervene — by the Attorney‑General without requiring permission to appeal; and

against a refusal to set aside the order granting permission to intervene — by any party only with permission to appeal.(2) No appeal may be brought under subsection (1) against any decision of a court of 3 Judges of the General Division under the Medical Registration Act or a court of 3 Supreme Court Judges under the Legal Profession Act.(3) No permission to appeal is required against a decision under subsection (1)(b) of the Registrar of the Supreme Court (including the Deputy Registrar and any Assistant Registrar), registrar of the State Courts (including a deputy registrar) or registrar of the Family Justice Courts (including the deputy registrar and any assistant registrar).(4) Permission to appeal under subsection (1)(b) must be obtained —

where the appeal is to the General Division against a decision of a State Court constituted under section 4 of the State Courts Act or a Family Court or Youth Court constituted under section 5 of the Family Justice Act 2014 — from that State Court, Family Court or Youth Court or, where permission to appeal is refused by that court, from the General Division;

where the appeal is against a decision of the General Division (made in the exercise of its appellate jurisdiction) on an appeal from a State Court, Family Court or Youth Court — from the Court of Appeal; or

where the appeal is against a decision of the General Division (made in the exercise of its original jurisdiction) or the Appellate Division — from the Court of Appeal.(5) An order of the General Division giving or refusing leave under subsection (4)(a) is final.(6) Subsection (1) applies despite sections 21(1), 29A and 47 of the Supreme Court of Judicature Act, section 23(2A) of the Family Justice Act 2014 and any provision in other written law specifying requirements concerning permission to appeal.(7) Rules of Court and Family Justice Rules may provide for the manner in which and the time within which an application for permission to intervene, setting aside of the order granting permission to intervene, application for permission to appeal, or an appeal, may be made.”.