Senior Courts Act 1981

Documents to be delivered to Commissioners of Inland Revenue

110

Subject to any arrangements which may from time to time be made between the President of the Family Division and the Commissioners, the Principal Registry and every district probate registry shall, within such period after a grant as the President may direct, deliver to the Commissioners or their proper officer the following documents—

• (a) in the case of a grant of probate or of administration with the will annexed, a copy of the will;

• (b) in every case, such certificate or note of the grant as the Commissioners may require.

Records of grants

111

• (1) There shall continue to be kept records of all grants which are made in the Principal Registry or in any district probate registry.

• (2) Those records shall be in such form, and shall contain such particulars, as the President of the Family Division may direct.

Powers of court in relation to personal representatives

Summons to executor to prove or renounce

112

The High Court may summon any person named as executor in a will to prove, or renounce probate of, the will, and to do such other things concerning the will as the court had power to order such a person to do immediately before the commencement of this Act.

Power of court to sever grant

113

• (1) Subject to subsection (2), the High Court may grant probate or administration in respect of any part of the estate of a deceased person, limited in any way the court thinks fit.

• (2) Where the estate of a deceased person is known to be insolvent, the grant of representation to it shall not be severed under subsection (1) except as regards a trust estate in which he had no beneficial interest.

Number of personal representatives

114

• (1) Probate or administration shall not be granted by the High Court to more than four persons in respect of the same part of the estate of a deceased person.

• (2) Where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration by the High Court shall be made either to a trust corporation (with or without an individual) or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator.

• (3) For the purpose of determining whether a minority or life interest arises in any particular case, the court may act on such evidence as may be prescribed.

• (4) If at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the High Court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered.

• (5) An appointment of an additional personal representative under subsection (4) to act with an executor shall not have the effect of including him in any chain of representation.

Grants to trust corporations

115

• (1) The High Court may—

• (a) where a trust corporation is named in a will as executor, grant probate to the corporation either solely or jointly with any other person named in the will as executor, as the case may require; or

• (b) grant administration to a trust corporation, either solely or jointly with another person;

and the corporation may act accordingly as executor or administrator, as the case may be.

• (2) Probate or administration shall not be granted to any person as nominee of a trust corporation.

• (3) Any officer authorised for the purpose by a trust corporation or its directors or governing body may, on behalf of the corporation, swear affidavits, give security and do any other act which the court may require with a view to the grant to the corporation of probate or administration; and the acts of an officer so authorised shall be binding on the corporation.

• (4) Subsections (1) to (3) shall also apply in relation to any body which is exempt from the provisions of section 23(1) of the Solicitors Act 1974 (unqualified persons not to prepare papers for probate etc.) by virtue of any of paragraphs (e) to (h) of subsection (2) of that section.

Power of court to pass over prior claims to grant

116

• (1) If by reason of any special circumstances it appears to the High Court to be necessary or expedient to appoint as administrator some person other than the person who, but for this section, would in accordance with probate rules have been entitled to the grant, the court may in its discretion appoint as administrator such person as it thinks expedient.

• (2) Any grant of administration under this section may be limited in any way the court thinks fit.

Administration pending suit

117

• (1) Where any legal proceedings concerning the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the High Court may grant administration of the estate of the deceased person in question to an administrator pending suit, who shall, subject to subsection (2), have all the rights, duties and powers of a general administrator.

• (2) An administrator pending suit shall be subject to the immediate control of the court and act under its direction; and, except in such circumstances as may be prescribed, no distribution of the estate, or any part of the estate, of the deceased person in question shall be made by such an administrator without the leave of the court.

• (3) The court may, out of the estate of the deceased, assign an administrator pending suit such reasonable remuneration as it thinks fit.

Effect of appointment of minor as executor

118

Where a testator by his will appoints a minor to be an executor, the appointment shall not operate to vest in the minor the estate, or any part of the estate, of the testator, or to constitute him a personal representative for any purpose, unless and until probate is granted to him in accordance with probate rules.

Administration with will annexed

119

• (1) Administration with the will annexed shall be granted, subject to and in accordance with probate rules, in every class of case in which the High Court had power to make such a grant immediately before the commencement of this Act.

• (2) Where administration with the will annexed is granted, the will of the deceased shall be performed and observed in the same manner as if probate of it had been granted to an executor.

Power to require administrators to produce sureties

120

• (1) As a condition of granting administration to any person the High Court may, subject to the following provisions of this section and subject to and in accordance with probate rules, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.

• (2) A guarantee given in pursuance of any such requirement shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.

• (3) No action shall be brought on any such guarantee without the leave of the High Court.

• (4) Stamp duty shall not be chargeable on any such guarantee.

• (5) This section does not apply where administration is granted to the Treasury Solicitor, the Official Solicitor, the Public Trustee, the Solicitor for the affairs of the Duchy of Lancaster or the Duchy of Cornwall or the Crown Solicitor for Northern Ireland, or to the consular officer of a foreign state to which section 1 of the Consular Conventions Act 1949 applies, or in such other cases as may be prescribed.

Revocation of grants and cancellation of resealing at instance of court

Revocation of grants and cancellation of resealing at instance of court

121

• (1) Where it appears to the High Court that a grant either ought not to have been made or contains an error, the court may call in the grant and, if satisfied that it would be revoked at the instance of a party interested, may revoke it.

• (2) A grant may be revoked under subsection (1) without being called in, if it cannot be called in.

• (3) Where it appears to the High Court that a grant resealed under the Colonial Probates Acts 1892 and 1927 ought not to have been resealed, the court may call in the relevant document and, if satisfied that the resealing would be cancelled at the instance of a party interested, may cancel the resealing.

In this and the following subsection “the relevant document” means the original grant or, where some other document was sealed by the court under those Acts, that document.

• (4) A resealing may be cancelled under subsection (3) without the relevant document being called in, if it cannot be called in.

Ancillary powers of court

Examination of person with knowledge of testamentary document

122

• (1) Where it appears that there are reasonable grounds for believing that any person has knowledge of any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, order him to attend for the purpose of being examined in open court.

• (2) The court may—

• (a) require any person who is before it in compliance with an order under subsection (1) to answer any question relating to the document concerned; and

• (b) if appropriate, order him to bring in the document in such manner as the court may direct.

• (3) Any person who, having been required by the court to do so under this section, fails to attend for examination, answer any question or bring in any document shall be guilty of contempt of court.

Subpoena to bring in testamentary document

123

Where it appears that any person has in his possession, custody or power any document which is or purports to be a testamentary document, the High Court may, whether or not any legal proceedings are pending, issue a subpoena requiring him to bring in the document in such manner as the court may in the subpoena direct.

Provisions as to documents

Place for deposit of original wills and other documents

124

All original wills and other documents which are under the control of the High Court in the Principal Registry or in any district probate registry shall be deposited and preserved in such places as may be provided for in directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005; and any wills or other documents so deposited shall, subject to the control of the High Court and to probate rules, be open to inspection.

Copies of wills and grants

125

An office copy, or a sealed and certified copy, of any will or part of a will open to inspection under section 124 or of any grant may, on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees), be obtained—

• (a) from the registry in which in accordance with section 124 the will or documents relating to the grant are preserved; or

• (b) where in accordance with that section the will or such documents are preserved in some place other than a registry, from the Principal Registry; or

• (c) subject to the approval of the Senior Registrar of the Family Division, from the Principal Registry in any case where the will was proved in or the grant was issued from a district probate registry.

Depositories for wills of living persons

126

• (1) There shall be provided, under the control and direction of the High Court, safe and convenient depositories for the custody of the wills of living persons; and any person may deposit his will in such a depository on payment of the fee prescribed by an order under section 92 of the Courts Act 2003 (fees) and subject to such conditions as may be prescribed by regulations made by the President of the Family Division with the concurrence of the Lord Chancellor.

• (2) Any regulations made under this section shall be made by statutory instrument which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under this section in like manner as if they had been made by a Minister of the Crown.

Probate rules

Probate rules

127

• (1) Rules of court (in this Part referred to as “probate rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for regulating and prescribing the practice and procedure of the High Court with respect to non-contentious or common form probate business.

• (2) Without prejudice to the generality of subsection (1), probate rules may make provision for regulating the classes of persons entitled to grants of probate or administration in particular circumstances and the relative priorities of their claims thereto.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part V and other probate provisions

Interpretation of Part V and other probate provisions

128

In this part, and in the other provisions of this Act relating to probate causes and matters, unless the context otherwise requires—

• “administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;

• “estate” means real and personal estate, and “real estate” includes—chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, andreal estate held on trust or by way of mortgage or security, but not . . . money secured or charged on land;

• “grant” means a grant of probate or administration;

• “non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including—the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated,all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, andthe business of lodging caveats against the grant of probate or administration;

• “Principal Registry” means the Principal Registry of the Family Division;

• “probate rules” means rules of court made under section 127;

• “trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the Public Trustee Act 1906 to act as a custodian trustee;

• “will” includes a nuncupative will and any testamentary document of which probate may be granted.

Part VI — MISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous provisions

Lords Commissioners to represent Lord Chancellor when Great Seal in commission

129

When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to—

• (a) the appointment of officers, and

• (b) any act for which the concurrence or presence of the Lord Chancellor is required by this Act,

may be exercised by the senior Lord Commissioner for the time being.

Fees to be taken in Supreme Court

130

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Conveyancing counsel of Supreme Court

131

• (1) The conveyancing counsel of the Senior Courts shall be persons who have a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.

• (2) The conveyancing counsel of the court shall be not more than six, not less than three, in number, and shall be appointed by the Lord Chancellor with the concurrence of the Lord Chief Justice.

• (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Proof of documents bearing seal or stamp of Supreme Court or any office thereof

132

Every document purporting to be sealed or stamped with the seal or stamp of the Senior Courts or of any office of the Senior Courts shall be received in evidence in all parts of the United Kingdom without further proof.

Enrolment and engrossment of instruments

133

• (1) The Master of the Rolls may make regulations for authorising and regulating the enrolment or filing of instruments in the Senior Courts, and for prescribing the form in which certificates of enrolment or filing are to be issued.

• (2) Regulations under subsection (1) shall not affect the operation of any enactment requiring or authorising the enrolment of any instrument in the Senior Courts or prescribing the manner in which any instrument is to be enrolled there.

• (3) Any instrument which is required or authorised by or under this or any other Act to be enrolled or engrossed in the Senior Courts shall be deemed to have been duly enrolled or engrossed if it is written on material authorised or required by regulations under subsection (1) and has been filed or otherwise preserved in accordance with regulations under that subsection.

• (4) The Lord Chancellor may, with the concurrence of the Master of the Rolls and of the Treasury, make regulations prescribing the fees to be paid on the enrolment or filing of any instrument in the Senior Courts, including any additional fees payable on the enrolment or filing of any instrument out of time.

• (5) Any regulations under this section shall be made by statutory instrument, which shall be laid before Parliament after being made; and the Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations under subsection (1) in like manner as if the regulations had been made by a Minister of the Crown.

Powers of attorney deposited before October 1971

134

• (1) This section applies to any instrument creating, or verifying the execution of, a power of attorney which was deposited in the Central Office of the Senior Courts before 1st October 1971.

• (2) A separate file of such instruments shall continue to be kept and, subject to payment of any the fee prescribed by an order under section 92 of the Courts Act 2003 (fees)—

• (a) any person may search that file, and may inspect any such instrument; and

• (b) an office copy of any such instrument shall be issued to any person on request.

• (3) A document purporting to be an office copy of any such instrument shall, in any part of the United Kingdom, without further proof be sufficient evidence of the contents of the instrument and of its having been deposited as mentioned in subsection (1).

Bonds given under order of court

135

• (1) A bond to be given by any person under or for the purposes of any order of the High Court or the civil division of the Court of Appeal shall be given in such form and to such officer of the court as may be prescribed and, if the court so requires, with one or more sureties.

• (2) An officer of the court to whom a bond is given in accordance with subsection (1) shall as such have power to enforce it or to assign it, pursuant to an order of the court under subsection (4), to some other person.

• (3) Where by rules of court made for the purposes of this section another officer is at any time substituted for the officer previously prescribed as the officer to whom bonds of any class are to be given, the rules may provide that bonds of that class given before the rules come into operation shall have effect as if references in the bonds to the officer previously prescribed were references to the substituted officer.

• (4) Where it appears to the court that the condition of a bond given in accordance with subsection (1) has been broken, the court may, on an application in that behalf, order the bond to be assigned to such person as may be specified in the order.

• (5) A person to whom a bond is ordered to be assigned under subsection (4) shall be entitled by virtue of the order to sue on the bond in his own name as if it had been originally given to him, and to recover on it as trustee for all persons interested the full amount recoverable in respect of the breach of condition.

Production of documents filed in, or in custody of, Supreme Court

136

• (1) Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 for providing that, in any case where a document filed in, or in the custody of, any office of the Senior Courts is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the Royal Courts of Justice—

• (a) it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but

• (b) the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the office;

and any such certificate shall be prima facie evidence of the facts stated in it.

• (2) Rules under this section may contain—

• (a) provisions for securing the safe custody and return to the proper office of the Senior Courts of any document sent to a court or tribunal in pursuance of the rules; and

• (b) such incidental and supplementary provisions as appear to the person making the rules to be necessary or expedient.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Money paid into court under enactment subsequently repealed

137

Where in pursuance of any enactment, whenever passed, any money has (before or after the commencement of this Act) been paid—

• (a) into the Bank of England in the name of the Accountant General of the Senior Courts; or

• (b) into the Senior Courts,

then, if that enactment has been or is subsequently repealed—

• (i) the Accountant General may continue to deal with the money; and

• (ii) any powers of the High Court with respect to the money shall continue to be exercisable,

in all respects as if that enactment had not been repealed.

Effect of writs of execution against goods

138

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Attachment of National Savings Bank deposits

139

• (1) In section 27 of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown)—

• (a) in subsection (1), paragraph (c) of the proviso (which precludes the making of orders under that subsection by the High Court or a county court in respect of money payable on account of a deposit in the National Savings Bank) shall cease to have effect; and

• (b) after subsection (2) there shall be added—

(3) In their application to England and Wales the preceding provisions of this section shall have effect subject to any order for the time being in force under section 139(2) of the Supreme Court Act 1981.

.

• (2) The Lord Chancellor may by order direct that section 27(1) and (2) of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown) shall not apply in relation to any money payable by the Crown to any person on account of—

• (a) any deposit in the National Savings Bank; or

• (b) a deposit in that Bank of any description specified in the order.

• (3) Any order under subsection (2) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Without prejudice to section 153(4), this section extends to England and Wales only.

Enforcement of fines and forfeited recognizances

140

• (1) Payment of a fine imposed, or sum due under a recognizance forfeited, by the High Court or the civil division of the Court of Appeal may be enforced upon the order of the court—

• (a) in like manner as a judgment of the High Court for the payment of money; or

• (b) in like manner as a fine imposed by the Crown Court.

• (2) Where payment of a fine or other sum falls to be enforced as mentioned in paragraph (a) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection—

• (a) the court shall, if the fine or the other sum is not paid in full forthwith or within such time as the court may allow, certify to Her Majesty’s Remembrancer the sum payable; and

• (b) Her Majesty’s Remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.

• (3) Where payment of a fine or other sum falls to be enforced as mentioned in paragaph (b) of subsection (1) upon an order of the High Court or the civil division of the Court of Appeal under that subsection, the provisions of sections 130 to 132 of the Sentencing Code shall apply to that fine or other sum as they apply to a fine imposed by the Crown Court.

• (4) Where payment of a fine or other sum has become enforceable by Her Majesty’s Remembrancer by virtue of this section or section 16 of the Contempt of Court Act 1981, any payment received by him in respect of that fine or other sum shall be dealt with by him in such manner as the Lord Chancellor may direct.

• (5) In this section, and in sections 130 to 132 of the Sentencing Code as extended by this section, “fine” includes a penalty imposed in civil proceedings.

Abolition of certain writs

141

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Selection of judges for trial of election petitions

142

• (1) The judges to be placed on the rota for the trial of parliamentary election petitions in England and Wales under Part III of the Representation of the People Act 1983 in each year shall be selected, in such manner as may be provided by rules of court, from the judges of the Queen’s Bench Division of the High Court exclusive of any who are members of the House of Lords.

• (2) Notwithstanding the expiry of the year for which a judge has been placed on the rota he may act as if that year had not expired for the purpose of continuing to deal with, giving judgment in, or dealing with ancillary matter relating to, any case with which he may have been concerned during that year.

• (3) Any judge placed on the rota shall be eligible to be placed on the rota again in the succeeding or any subsequent year.

Expenses of Lord Chancellor in administering funds in court

143

Amendment of Part VIII of Mental Health Act 1959

144

Amendment of Courts-Martial (Appeals) Act 1968

145

• (1) The Courts-Martial (Appeals) Act 1968 shall be amended as follows.

• (2) In section 2(1)(a) (under which the judges of the Courts-Martial Appeal Court include such judges of the Queen’s Bench Division of the High Court as may be nominated for that purpose by the Lord Chief Justice after consultation with the Master of the Rolls), the words “of the Queen’s Bench Division” and “after consultation with the Master of the Rolls” shall be omitted.

• (3) In section 3(a) (under which the powers of the Courts-Martial Appeal Court may be exercised by any judge of the Queen’s Bench Division of the High Court), the words “of the Queen’s Bench Division” shall be omitted.

• (4) For section 5 (constitution of Appeal Court for particular sittings) there shall be substituted—

(5) (1) Subject to subsection (4) below, the Appeal Court shall be duly constituted if it consists of an uneven number of judges not less than three. (2) Where— (a) part of any proceedings before the Appeal Court has been heard by an uneven number of judges greater than three; and (b) one or more members of the Court as constituted for the purpose of those proceedings are unable to continue, then, subject to subsection (4) below, the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three. (3) Subject to subsection (4) below, the Appeal Court shall, if it consists of two judges, be duly constituted for every purpose except— (a) determining an appeal against— (i) conviction; or (ii) a finding of not guilty by reason of insanity; or (iii) a finding of unfitness to stand trial; (b) determining an application for leave to appeal to the House of Lords; and (c) refusing an application for leave to appeal to the Appeal Court against conviction or any such finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge. (4) At least one of the judges of which the Appeal Court consists at any sitting must be a judge of the Court by virtue of section 2(1) of this Act, except that where the Court is directed to sit at a place outside the United Kingdom the Lord Chancellor may, if he thinks it expedient to do so, direct that this provision shall not apply to the Court while sitting at that place. (5) Where an appeal has been heard by the Appeal Court and the Court as constituted for that purpose consists of an even number of judges, then, if those judges are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three.

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• (5) In section 36(2) (rights of appellant on refusal of single judge to exercise certain powers in his favour) for “for the hearing and determination of appeals” there shall be substituted “for the purpose in accordance with section 5 of this Act”.

Amendment of Courts Act 1971

146

For section 24 of the Courts Act 1971 (deputy High Court and Circuit judges) there shall be substituted—

(24) (1) If it appears to the Lord Chancellor that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Crown Court or a county court or official referees’ business in the High Court, he may— (a) appoint to be a deputy Circuit judge, during such period or on such occasions as he thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge; or (b) appoint to be an assistant Recorder, during such period or on such occasions as he thinks fit, any barrister or solicitor of at least ten years’ standing. (2) Except as provided by subsection (3) below, during the period or on the occasions for which a deputy Circuit judge or assistant Recorder is appointed under this section he shall be treated for all purposes as, and accordingly may perform any of the functions of, a Circuit judge or a Recorder, as the case may be. (3) A deputy Circuit judge appointed under this section shall not be treated as a Circuit judge for the purpose of any provision made by or under any enactment and relating to the appointment, retirement, removal or disqualification of Circuit judges, the tenure of office and oaths to be taken by such judges, or the remuneration, allowances or pensions of such judges; and section 21 of this Act shall not apply to an assistant Recorder appointed under this section. (4) Notwithstanding the expiry of any period for which a person is appointed under this section a deputy Circuit judge or an assistant Recorder, he may attend at the Crown Court or a county court or, as regards any official referees’ business, at the High Court for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case which may have been begun before him when sitting as a deputy Circuit judge or an assistant Recorder, and for that purpose and for the purpose of any proceedings subsequent thereon he shall be treated as a Circuit judge or a Recorder, as the case may be. (5) There shall be paid out of money provided by Parliament to deputy Circuit judges and assistant Recorders appointed under this section such remuneration and allowances as the Lord Chancellor may, with the approval of the Minister for the Civil Service, determine.

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Amendment of Solicitors Act 1974

147

In section 50 of the Solicitors Act 1974 (jurisdiction of Senior Courts over solicitors), after subsection (2) there shall be inserted—

(3) An appeal shall lie to the Court of Appeal from any order made against a solicitor by the High Court or the Crown Court in the exercise of its jurisdiction in respect of solicitors under subsection (2).

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Amendment of Arbitration Act 1979

148

Amendment of law relating to county courts

149

Supplementary

Admiralty jurisdiction: provisions as to Channel Islands, Isle of Man, colonies etc.

150

• (1) Her Majesty may by Order in Council—

• (a) direct that any of the provisions of sections 20 to 24 specified in the Order shall extend, with such exceptions, adaptations and modifications as may be so specified, to any of the Channel Islands or the Isle of Man; or

• (b) make, for any of the Channel Islands or the Isle of Man, provision for any purposes corresponding to the purposes of any of the provisions of those sections.

• (2) Her Majesty may by order in Council direct, either generally or in relation to particular courts or territories, that the Colonial Courts of Admiralty Act 1890 shall have effect as if for the reference in section 2(2) of that Act to the Admiralty jurisdiction of the High Court in England there were substituted a reference to the Admiralty jurisdiction of that court as defined by section 20 of this Act, subject, however to such adaptations and modifications of section 20 as may be specified in the Order.

• (3) Her Majesty may by Order in Council direct that any of the provisions of sections 21 to 24 shall extend, with such exceptions, adaptations and modifications as may be specified in the Order, to any colony or to any country outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom.

• (4) Subsections (1) and (3) shall each have effect as if the provisions there mentioned included section 2(2) of the Hovercraft Act 1968 (application of the law relating to maritime liens in relation to hovercraft and property connected with them).

Interpretation of this Act, and rules of construction for other Acts and documents

151

• (1) In this Act, unless the context otherwise requires—

• “action” means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;

• “appeal”, in the context of appeals to the civil division of the Court of Appeal, includes—an application for a new trial, andan application to set aside a verdict, finding or judgment in any cause or matter in the High Court which has been tried, or in which any issue has been tried, by a jury;

• “arbitration agreement” has the same meaning as it has in the Part I of the Arbitration Act 1996;

• “cause” means any action or any criminal proceedings;

• “Division”, where it appears with a capital letter, means a division of the High Court;

• “judgment” includes a decree;

• “jurisdiction” includes powers;

• “matter” means any proceedings in court not in a cause;

• “party”, in relation to any proceedings, includes any person who pursuant to or by virtue of rules of court or any other statutory provision has been served with notice of, or has intervened in, those proceedings;

• “prescribed” means—except in relation to fees, prescribed by rules of court; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “qualifying judge advocate” means— the Judge Advocate General; ora person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);

• “senior judge”, where the reference is to the senior judge of a Division, means the president of that Division;

• “solicitor” means a solicitor of the Senior Courts;

• “statutory provision” means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the Interpretation Act 1978), whenever made;

• “this or any other Act” includes an Act passed after this Act.

• (2) Section 128 contains definitions of expressions used in Part V and in the other provisions of this Act relating to probate causes and matters.

• (3) Any reference in this Act to rules of court under section 84 includes a reference to rules of court under any provision of this or any other Act which confers on the Civil Procedure Rule Committee ... power to make rules of court in relation to the Senior Courts.

• (4) Except where the context otherwise requires, in this or any other Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “divisional court” (with or without capital letters) means a divisional court constituted under section 66;

• “judge of the Senior Courts” means—a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), ora judge of the High Court,and accordingly does not include, as such, a judge of the Crown Court;

• “official referees’ business” has the meaning given by section 68(6);

• “Rules of the Senior Courts” means rules of court made by the Senior Courts Rules Committee.

• (5) The provisions of Schedule 4 (construction of references to superseded courts and officers) shall have effect.

Amendments of other Acts, transitional provisions, savings and repeals

152

• (1) The enactments specified in Schedule 5 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) This Act shall have effect subject to the transitional provisions and savings contained in Schedule 6.

• (4) The enactments mentioned in Schedule 7 (which include certain obsolete or unnecessary provisions) are hereby repealed to the extent specified in the third column of that Schedule.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, commencement and extent

153

• (1) This Act may be cited as the Senior Courts Act 1981.

• (2) This Act, except the provisions mentioned in subsection (3), shall come into force on 1st January 1982; and references to the commencement of this Act shall be construed as references to the beginning of that day.

• (3) Sections 72, 143 and 152(2) and this section shall come into force on the passing of this Act.

• (4) In this Act—

• (a) the following provisions extend to Scotland, namely—

• section 80(3);

• section 152(4) and Schedule 7, so far as they relate to the Admiralty Court Act 1861;

• (b) the following provisions extend to Northern Ireland so far as they relate to the Northern Ireland Assembly Disqualification Act 1975, namely—

• section 152(1) and Schedule 5;

• section 152(3) and paragraph 3(1) of Schedule 6;

• (c) the following provisions extend to Scotland and Northern Ireland, namely—

• section 36;

• sections 132 and 134(3);

• section 152(1) and Schedule 5, so far as they amend—references to section 49 of the Senior Courts of Judicature (Consolidation) Act 1925,the House of Commons Disqualification Act 1975, andsection 4 of the Evidence (Proceedings in Other Jurisdictions) Act 1975;

• section 152(3) and paragraph 3(1) of Schedule 6, so far as they relate to the House of Commons Disqualification Act 1975;

• section 152(4) and Schedule 7, so far as they relate to—provisions of the Senior Courts of Judicature (Consolidation) Act 1925 which extend throughout the United Kingdom,the Evidence and Powers of Attorney Act 1940, andsection 57(3)(a) of the Courts Act 1971;

• (d) section 145 extends to any place to which the Courts-Martial (Appeals) Act 1968 extends, and section 152(1) and (4) and Schedules 5 and 7, so far as they relate to any of the following enactments, namely—

• Army Act 1955,

• Air Force Act 1955,

• section 9(2) of, and Part II of Schedule 1 to, the Criminal Appeal Act 1966,

• Courts-Martial (Appeals) Act 1968,

• Hovercraft Act 1968,

• . . .

extend to any place to which that enactment extends;

but, save as aforesaid, the provisions of this Act, other than those mentioned in subsection (5), extend to England and Wales only.

• (5) The provisions of this Act whose extent is not restricted by subsection (4) are—

• section 27;

• section 150;

• section 151(1);

• section 152(4) and Schedule 7 as far as they relate to the Naval Prize Act 1864, the Prize Courts Act 1915 and section 56 of the Administration of Justice Act 1956;

• this section;

• paragraph 1 of Schedule 4.

SCHEDULE 1

Chancery Division

1

To the Chancery Division are assigned all causes and matters relating to—

• (a) the sale, exchange or partition of land, or the raising of charges on land;

• (b) the redemption or foreclosure of mortgages;

• (c) the execution of trusts;

• (d) the administration of the estates of deceased persons;

• (e) bankruptcy;

• (f) the dissolution of partnerships or the taking of partnership or other accounts;

• (g) the rectification, setting aside or cancellation of deeds or other instruments in writing;

• (h) probate business, other than non-contentious or common form business;

• (i) patents, trade marks, registered designs , copyright or design right;

• (j) the appointment of a guardian of a minor’s estate,

and all causes and matters involving the exercise of the High Court’s jurisdiction under the enactments relating to companies.

Queen’s Bench Division

2

To the Queen’s Bench Division are assigned—

• (a) applications for writs of habeas corpus, except applications for a writ of habeas corpus for release relating to a minor;

• (b) applications for judicial review;

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) all financial restrictions proceedings within the meaning of Chapter 2 of Part 6 of the Counter-Terrorism Act 2008 (see section 65 of that Act);

• (bc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bd) all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);

• (be) all TEO proceedings (within the meaning given by paragraph 1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (proceedings relating to temporary exclusion orders));

• (bf) all proceedings—

• (i) on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or

• (ii) on a claim arising from any matter to which such an application relates;

• (bg) all relevant proceedings within the meaning of Part 2 of the National Security Act 2023 (prevention and investigation measures) (see section 62(1) of that Act);

• (c) all causes and matters involving the exercise of the High Court’s Admiralty jurisdiction or its jurisdiction as a prize court; and

• (d) all causes and matters entered in the commercial list.

Family Division

3

To the Family Division are assigned—

• (a) all matrimonial causes and matters (whether at first instance or on appeal);

• (aa) applications for a writ of habeas corpus for release relating to a minor;

• (b) all causes and matters (whether at first instance or on appeal) relating to—

• (i) legitimacy;

• (ii) the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor’s estate;

• (iii) . . . adoption;

• (iv) non-contentious or common form probate business;

• (c) applications for consent to the marriage of a minor or for a declaration under section 27B(5) of the Marriage Act 1949;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) applications under Part III of the Family Law Act 1986.

• (e) proceedings under the Children Act 1989

• (ea) proceedings under section 79 of the Childcare Act 2006;

• (eb) proceedings under section 43 of the Children and Families (Wales) Measure 2010;

• (ec) proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;

• (f) all proceedings under:—

• (i) the Part IV or 4A of the Family Law Act 1996;

• (ii) the Child Abduction and Custody Act 1985

• (iii) the Family Law Act 1986;

• (iv) section 54 or 54A of the Human Fertilisation and Embryology Act 2008;

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vi) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;

• (fa) all proceedings relating to a debit or credit under section 29(1) or 49(1) of the Welfare Reform and Pensions Act 1999;

• (g) all proceedings for the purpose of enforcing an order made in any proceedings of a type described in this paragraph.

• (h) all proceedings under the Child Support Act 1991.

• (ha) all proceedings under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;

• (i) all proceedings under sections 6 and 8 of the Gender Recognition Act 2004.

• (i) all civil partnership causes and matters (whether at first instance or on appeal);

• (j) applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004;

• (k) applications under section 58 of that Act (declarations relating to civil partnerships).

• (l) proceedings under Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters, so far as relating to the recognition and enforcement in England and Wales of a protection measure (within the meaning of that Regulation) ordered in a participating Member State (within the meaning of that Regulation).

SCHEDULE 2

Part I

Part II

7

• (1) Barrister or solicitor of not less than 10 years' standing.

• (2) District probate registrar who either—

• (a) is of not less than 5 years' standing; or

• (b) has, during so much of the 10 years immediately preceding his appointment as he has not been a district probate registrar, served as a clerk in the Principal Registry or a district probate registry.

• (3) Clerk who has served not less than 10 years in the Principal Registry or a district probate registry.

8

• (1) Barrister or solicitor of not less than 10 years' standing.

• (2) Assistant or deputy assistant registrar of criminal appeals.

10

• (1) Barrister or solicitor of not less than 10 years' standing.

• (2) Deputy Master of the Court of Protection.

11

• (1) Barrister or solicitor of not less than 7 years' standing.

• (2) Assistant registrar, Chancery Division.

Part III

1

• (1) Barrister or solicitor of not less than 7 years' standing.

• (2) Deputy assistant registrar of criminal appeals.

3

• (1) Barrister or solicitor of not less than 5 years' standing.

• (2) Officer of the Court of Protection who for not less than 5 years (whether continuously or not) has been an officer nominated under section 100(3) of the Mental Health Act 1959.

4

• (1) Barrister or solicitor of not less than 5 years' standing.

• (2) Clerk who has served not less than 5 years in the Principal Registry of the Family Division or a district probate registry.

SCHEDULE 3

1

For section 18(1) (appointment of registrars) substitute—

(1) Subject to the provisions of this section, there shall be a registrar for each district, who shall be appointed by the Lord Chancellor and paid such salary as the Lord Chancellor may, with the concurrence of the Minister for the Civil Service! direct.

.

2

• (1) For sections 22 (whole-time registrars and assistant registrars) and 23 (removal and retirement of registrars and assistant registrars) substitute—

(22) (1) A registrar or assistant registrar shall not directly or indirectly practise as a solicitor or as an agent for a solicitor. (2) If in any case the Lord Chancellor thinks it expedient so to do, he may authorise a registrar or assistant registrar to practise as a solicitor or as an agent for a solicitor, either subject to such restrictions as may be specified in the authorisation or without restrictions. (3) A registrar with respect to whom an authorisation has been given under subsection (2) of this section is in this Act referred to as a " part-time registrar ", and an assistant registrar with respect to whom an authorisation has been so given is referred to as a " part-time assistant registrar ". (4) The Lord Chancellor may revoke an authorisation under subsection (2) of this section by giving notice to the part-time registrar or part-time assistant registrar to whom it applies. (23) (1) This subsection applies— (a) to the office of registrar or assistant registrar ; and (b) to the office of part-time registrar or part-time assistant registrar. (2) Subject to the following provisions of this section, a person who holds an office to which subsection (1) of this section applies shall vacate his office at the end of the completed year of service in which he attains the age of seventy-two years. (3) Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (1) of this section applies after the time when he would otherwise retire in accordance with subsection (2) of this section, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which that person attains the age of seventy-five years, as he thinks fit. (4) A person appointed to an office to which subsection (1) of this section applies shall hold that office during good behaviour. (5) The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor. (6) The Lord Chancellor may also remove such a person from his office on account of inability to perform the duties of his office.

.

• (2) In section 18(4) (which enables the registrar of one district to act for the registrar of another but not in proceedings where he is engaged as solicitor or agent for any party) after " but" insert " a part-time registrar ".

3

For section 40 (money recoverable by statute) substitute—

(40) A county court shall have jurisdiction to hear and determine an action for the recovery of a sum recoverable by virtue of any enactment for the time being in force, if— (a) it is not provided by that or any other enactment that such sums shall only be recoverable in the High Court or shall only be recoverable summarily; and (b) the amount claimed in the action does not exceed the amount specified in section 39(2) of this Act.

.

4

In section 56 (Admiralty jurisdiction)—

• (a) in subsection (1)(f), for the words from "and any" onwards substitute " (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages); "; and

• (b) after subsection (7) insert—

(7A) No county court shall have jurisdiction to determine any claim or question certified by the Secretary of State to be a claim or question which, under the Rhine Navigation Convention, falls to be determined in accordance with the provisions of that Convention ; and any proceedings to enforce such a claim which are commenced in a county court shall be set aside. (7B) In subsection (7A) above " the Rhine Navigation Convention " means the Convention of the 7th October 1868 as revised by any subsequent Convention.

.

5

For section 57 substitute—

(57) (1) The following provisions of this section shall apply to cases within the Admiralty jurisdiction of a county court. (2) Subject to the following provisions of this Part of this Act, an action in personam may be brought in all such cases. (3) In any case in which there is a maritime lien or other charge on any ship, aircraft or other property for the amount claimed, an action in rem may be brought in a county court against that ship, aircraft or property. (4) In the case of any such claim as is mentioned in paragraphs (a) and (c) to (m) of section 56(1) of this Act, where— (a) the claim arises in connection with a ship; and (b) the person who would be liable on the claim in an action in personam (" the relevant person ") was, when the cause of action arose, the owner or charterer of, or in possession of or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in a county court against— (i) that ship if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or the charterer of it under a charter by demise ; or (ii) any other ship of which, at the time when the action is brought, the relevant person is the beneficial owner as respects all the shares in it. (5) In the case of a claim in the nature of towage or pilotage in respect of an aircraft, an action in rem may be brought in a county court against that aircraft if, at the time when the action is brought, it is beneficially owned by the person who would be liable on the claim m an action in personam. (6) Where, in the exercise of its Admiralty jurisdiction, a county court orders any ship, aircraft or other property to be sold, the court shall have jurisdiction to hear and determine any question arising as to the title to the proceeds of sale. (7) In determining for the purposes of subsections (4) and (5) of this section whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within England or Wales. (8) Where, as regards any such claim as is mentioned in paragraphs (a) and (c) to (m) of section 56(1) of this Act, a ship has been served with a summons or arrested in an action in rem brought to enforce that claim, no other ship may be served with a summons or arrested in that or any other action m rem brought to enforce that claim; but this subsection does not prevent the issue, in respect of any one such claim, of a summons naming more than one ship or of two or more summonses each naming a different ship. (9) If, in any Admiralty proceedings in a county court, evidence is given to the satisfaction of the court that it is probable that the vessel, aircraft or property to which the proceedings relate will be removed out of the jurisdiction of the court before the plaintiff's claim is satisfied, the court may issue a warrant for the arrest and detention of the vessel, aircraft or property unless or until bail to the amount of the claim made in the proceedings and the reasonable costs of the plaintiff in the proceedings be entered into and perfected according to county court rules by or on behalf of the defendant. (10) Except as provided by subsection (9) of this section, and notwithstanding anything in section 74 of this Act, no vessel, aircraft or property shall be arrested or detained in Admiralty proceedings m a county court otherwise than in execution. (11) Where an action is transferred to a county court Under section 75A of this Act, any vessel, aircraft or other property which has been arrested in the action before the transfer shall, notwithstanding the transfer, remain in the custody of the Admiralty Marshal who shall, subject to any directions of the High Court, comply with any orders made by the county court with respect to that vessel, aircraft or property.

.

6

For section 73 substitute—

(73) (1) Any jurisdiction and powers conferred by this or any other Act— (a) on a county court; or (b) on the judge of a county court, may be exercised by any judge of the court. (2) Subsection (1) of this section applies to jurisdiction and powers conferred on all county courts or judges of county courts or on any particular county court or the judge of any particular county court.

.

7

For section 75 substitute—

(75) A judge shall have jurisdiction in any pending proceedings to make any order or exercise any authority or jurisdiction which, if it related to an action or proceeding pending in the High Court, might be made or exercised by a judge of the High Court in chambers.

.

8

After section 75 insert—

(75A) (1) At any stage in any proceedings to which this section applies, the High Court may, in accordance with rules of the Supreme Court, either of its own motion or on the application of any party to the proceedings, order the transfer of the whole or any part of the proceedings to a county court if— (a) the parties consent to the transfer ; or (b) the High Court is satisfied— (i) that, after allowance has been made for any payment, set-off or other amount admitted to be due, the amount remaining in dispute in respect of the claim is within the monetary limit of the jurisdiction of the county court; or (ii) that the amount recoverable in respect of the claim is likely to be within the monetary limit of the jurisdiction of the county court; or (iii) in the case of proceedings not involving an unliquidated claim, that the subject matter of the proceedings is or is likely to be within the limits of the jurisdiction of the county court; or (c) where only a counterclaim remains in dispute, the High Court considers that the amount recoverable in respect of the counterclaim is likely to be within the monetary limit of the jurisdiction of the county court; or (d) the High Court considers that the proceedings are not likely to raise any important question of law or fact and are suitable for determination by a county court. (2) Subject to subsection (3) of this section, this section applies to all proceedings commenced in the High Court which (disregarding any limitation by reason of amount or value or annual value) a county court would have jurisdiction to hear and determine if they were commenced in it. (3) This section does not apply to the following proceedings, namely— (a) matrimonial causes ; (b) applications relating to the adoption or custody of, or access to, minors (including applications relating to guardianship or custodianship). (4) This section applies to all proceedings transferred to the High Court under section 75B or 75C of this Act. (5) An order for the transfer to a county court of any proceedings by or against the Crown in the High Court shall not be made without the consent of the Crown. (6) Proceedings transferred under this section shall be transferred to such county court as the High Court considers to be convenient to the parties. (7) Where proceedings are ordered to be transferred from the High Court to a county court— (a) any party may lodge with the registrar of the county court named in the order, or cause to be lodged with him, the order and the writ, or copies of them, and such other documents (if any) as the High Court may direct; and (b) the proper officer of the Supreme Court shall, on the application of that party and on the production of the order and the filing of a copy of it, send by post to the registrar of the county court all pleadings, affidavits and other documents filed in the High Court relating to the proceedings. (8) Subject to subsection (9) of this section, on the documents mentioned in subsection (7) of this section being so lodged or sent, the proceedings shall be transferred to the county court. (9) The transfer shall not affect any right of appeal from the order directing the transfer, or the right to enforce in the High Court any judgment signed, or order made, in that court before the transfer. (10) Where proceedings are transferred to a county court under this section, the county court shall have jurisdiction— (a) to hear and determine those proceedings ; and (b) to award any relief, including any amount of damages, which could have been awarded by the High Court. (75B) (1) If the High Court thinks it desirable, at any stage in proceedings commenced in a county court or transferred to a county court under section 75A of this Act, that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High Court of the proceedings or, as the case may be, of that part of them. (2) The power conferred by subsection (1) of this section is without prejudice to section 29 of the Supreme Court Act 1981 (power of High Court to issue prerogative orders). (75C) (1) At any stage in any proceedings to which this section applies, the county court may, either of its own motion or on the application of any party to the proceedings, order the transfer of the whole or any part of the proceedings to the High Court if— (a) the court considers that some important question of law or fact is likely to arise ; or (b) the court considers that one or other of the parties is likely to be entitled in respect of a claim or counterclaim to an amount exceeding the amount recoverable in the county court; or (c) any counterclaim or set-off and counterclaim of a defendant involves matters beyond the jurisdiction of the county court. (2) Where— (a) the county court has ordered that the proceedings on a counterclaim or set-off and counterclaim be transferred to the High Court, but the proceedings on the plaintiff's claim and the defence other than any set-off are heard and determined in the county court; and (b) judgment on the claim is given for the plaintiff, execution of the judgment shall, unless the High Court at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded. (3) This section applies to all proceedings commenced in a county court which the High Court would have jurisdiction to hear and determine if they were commenced in it, other than— (a) matrimonial causes ; (b) applications relating to the adoption or custody of, or access to, minors (including applications relating to guardianship or custodianship). (4) This section applies to all proceedings transferred to a county court under section 75A of this Act.

.

9

In section 87(1) (persons who may take affidavits in county courts) for "to 1891 " substitute " and 1891 or a solicitor exercising the powers of a commissioner for oaths under section 81 of the Solicitors Act 1974 ".

10

For section 94(3) (trial by jury) substitute—

(3) Where, on any such application, the court is satisfied that there is in issue— (a) a charge of fraud against the party making the application ; or (b) a claim in respect of libel, slander, malicious prosecution or false imprisonment; or (c) any question or issue of a kind prescribed for the purposes of this paragraph, the action shall be tried with a jury, unless the court is of opinion that the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.

.

11

After section 101 insert—

(101A) (1) The Lord Chancellor may by order made with the concurrence of the Treasury provide that any sums to which this subsection applies shall carry interest at such rate and between such times as may be prescribed by the order. (2) The sums to which subsection (1) of this section applies are— (a) sums payable under judgments or orders given or made in a county court, including sums payable by instalments ; and (b) sums which by virtue of any enactment are, if the county court so orders, recoverable as if payable under an order of that court, and in respect of which the county court has so ordered. (3) The payment of interest due under subsection (1) of this section shall be enforceable as a sum payable under the judgment or order. (4) The power conferred by subsection (1) of this section includes power— (a) to specify the descriptions of judgment or order in respect of which interest shall be payable ; (b) to provide that interest shall be payable only on sums exceeding a specified amount; (c) to make provision for the manner in which and the periods by reference to which the interest is to be calculated and paid ; (d) to provide that any enactment shall or shall not apply in relation to interest payable under subsection (1) of this section or shall apply to it with such modifications as may be specified in the order; and (e) to make such incidental or supplementary provisions as the Lord Chancellor considers appropriate. (5) Without prejudice to the generality of subsection (4) of this section, an order under subsection (1) of this section may provide that the rate of interest shall be the rate specified in section 17 of the Judgments Act 1838 as that enactment has effect from time to time. (6) The power to make an order under subsection (1) of this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

.

12

For subsection (3)(c) of section 102 (county court rules) substitute—

(c) prescribing cases in which— (i) the jurisdiction or powers of a county court or the judge of a county court may be exercised by a registrar or some other officer of the court; or (ii) the jurisdiction or powers of the registrar of a county court may be exercised by some other officer of the court;

.

13

In section 106(1) (removal of action of replevin to High Court at instance of defendant) for " a master of the Supreme Court", and also for " the master ", substitute " the High Court ".

14

For section 108 substitute—

(108) (1) Subject to the provisions of this section and the following provisions of this Part of this Act, if any party to any proceedings in a county court is dissatisfied with the determination of the judge or jury he may appeal from it to the Court of Appeal in such manner and subject to such conditions as may be provided by the rules of the Supreme Court. (2) The Lord Chancellor may by order prescribe classes of proceedings in which there is to be no right of appeal under this section without the leave either of the judge of the county court or of the Court of Appeal. (3) An order under subsection (2) of this section— (a) may classify proceedings according to the nature of those proceedings ; (b) may classify proceedings according to the amount or value or annual value of the money or other property which is the subject of those proceedings or according to whether that amount or value or annual value exceeds a specified fraction of the relevant county court limit; (c) may provide that the order shall not apply to determinations made before such date as may be specified in the order ; and (d) may make different provision for different classes of proceedings. (4) The power to make an order under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (5) Subject to the provisions of this section and the following provisions of this Part of this Act, where an appeal is brought under subsection (1) above in any action, an appeal may be brought under that subsection in respect of any claim or counterclaim in the action notwithstanding that there could have been no such appeal if that claim had been the subject of a separate action. (6) In proceedings in which either the plantiff or the defendant is claiming possession of any premises this section shall not confer any right of appeal on any question of fact if by virtue of— (a) section 13(4) of the Landlord and Tenant Act 1954 ; or (b) Cases III to IX in Schedule 4 to the Rent (Agriculture) Act 1976; or (c) section 98 of the Rent Act 1977, as it applies to Cases 1 to 6 and 8 and 9 in Schedule 15 to that Act, or that section as extended or applied by any other enactment; or (d) section 99 of the Rent Act 1977, as it applies to Cases 1 to 6 and 9 in Schedule 15 to that Act; or (e) section 34(3)(a) of the Housing Act 1980; or (f) any other enactment, the court can only grant possession on being satisfied that it is reasonable to do so. (7) This section shall not— (a) confer any right of appeal from any judgment or order where a right to appeal is conferred by some other enactment; or (b) take away any right of appeal from any judgment or order where a right to appeal is so conferred, and shall have effect subject to any enactment other than this Act. (8) In this section "enactment" means an enactment whenever passed and " the relevant county court limit" means, in relation to proceedings of any description, the sum by reference to which the question whether a county court has jurisdiction to hear and determine the proceedings falls to be decided.

15

Omit section 109 (appeals on questions of fact).

16

In section 112(1) (judge's note on appeal) after " appeal" insert " or from wliich an appeal may be brought with leave ".

17

In section 124 (goods which may be seized) after subsection (1) insert—

(1A) Any reference to the goods of an execution debtor in this Part of this Act includes a reference to anything else of his that may be lawfully seized in execution.

.

18

Before section 134 insert—

(133A) (1) Subject— (a) to subsection (2) of this section ; and (b) to section 138(1A) of this Act, a warrant of execution against goods issued from a county court shall bind the property in the goods of the execution debtor as from the time at which application for the warrant was made to the registrar of the county court. (2) Such a warrant shall not prejudice the tide to any goods of the execution debtor acquired by a person in good faith and for valuable consideration unless he had, at the time when he acquired his title— (a) notice that an application for the issue of a warrant of execution against the goods of the execution debtor had been made to the registrar of a county court and that the warrant issued on the application either— (i) remained unexecuted in the hands of the registrar of the court from which it was issued; or (ii) had been sent for execution to, and received by, the registrar of another county court, and remained unexecuted in the hands of the registrar of that court; or (b) notice that a writ of fieri facias or other writ of execution by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the sheriff. (3) For the better manifestation of the time mentioned in subsection (1) of this section, it shall be the duty of the registrar (without fee) on application for a warrant of execution being made to him to endorse on its back the hour, day, month and year when he received the application. (4) For the purposes of this section— (a) " property " means the general property in goods, and not merely a special property ; (b) " sheriff" includes any officer charged with the enforcement of a writ of execution; and (c) a thing shall be treated as done in good faith if it is in fact done honestly, whether it is done negligently or not.

.

19

In section 135 (sale of goods where claim made therein)—

• (a) in subsection (3), for " In " substitute " Subject to subsection (4) of this section, in "; and

• (b) add after that subsection—

(4) The goods shall not be sold if the registrar decides that, in all the circumstances, the decision of the judge on the claim made to or in respect of them ought to be awaited.

.

20

In section 138 (execution out of jurisdiction of court) insert after subsection (1): —

(1A) The original warrant shall bind the property in goods of the execution debtor which are within the jurisdiction of the court to which it is sent as from the time when it is received by the registrar of that court. (1B) For the better manifestation of the time mentioned in subsection (1A) of this section, it shall be the duty of the registrar of the court to which the warrant is sent (without fee) on receipt of the warrant to endorse on its back the hour, day, month and year when he received it.

.

21

After section 138 insert—

(138A) (1) A sheriff shall on demand inform the registrar of a county court, by writing signed by any clerk in the office of the under-sheriff, of the precise time of the delivery to him of a writ against the goods of any person issued from the High Court, and a bailiff of a county court shall on demand show his warrant to any sheriff's officer. (2) Any writing purporting to be signed as mentioned in subsection (1) of this section and the endorsement on any such warrant shall respectively be sufficient justification to any registrar or sheriff acting on it.

.

22

For section 143 substitute—

(143) (1) Subject to any order for the time being in force under subsection (4) of this section, this section applies to the following accounts, namely— (a) any deposit account with a bank or other deposit-taking institution ; and (b) any withdrawable share account with any deposit-taking institution. (2) In determining whether, for the purposes of the jurisdiction of the county court to attach debts for the purpose of satisfying judgments or orders for the payment of money, a sum standing to the credit of a person in an account to which this section applies is a sum due or accruing to that person and, as such, attachable in accordance with county court rules, any condition mentioned in subsection (3) of this section which applies to the account shall be disregarded. (3) Those conditions are— (a) any condition that notice is required before any money or share is withdrawn ; (b) any condition that a personal application must be made before any money or share is withdrawn ; (c) any condition that a deposit book or share account book must be produced before any money or share is withdrawn ; or (d) any other prescribed condition. (4) The Lord Chancellor may by order make such provision as he thinks fit, by way of amendment of this section or otherwise, for all or any of the following purposes, namely— (a) including in, or excluding from, the accounts to which this section applies accounts of any description specified in the order ; (b) excluding from the accounts to which this section applies all accounts with any particular deposit-taking institution so specified or with any deposit-taking institution of a description so specified. (5) Any order under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section "deposit-taking institution" means any person carrying on a business which is a deposit-taking business for the purposes of the Banking Act 1979.

.

23

For paragraph (g) of section 168 (payment of funds into court) substitute—

(g) providing for dealing with accounts which, subject to such, if any, exceptions as may be prescribed by the rules, have not been dealt with for such period (not being less than fifteen years in the case of deposit accounts and of short- and long-term investment accounts or five years in the case of other accounts) as may be prescribed ;

.

24

In section 172 (provision as to closed accounts)—

• (a) omit subsection (1); and

• (b) in subsection (2), after the words " County Court Funds Rules " insert " made by virtue of section 168(g) of this Act before the coming into force of paragraph 23 of Schedule 3 to the Supreme Court Act 1981 ".

25

In section 174 (transfer to county court of money recovered in High Court by infants &c.)—

• (a) in subsection (1), for " of unsound mind" substitute " a patient "; and

• (b) add after subsection (2): —

(2A) In this section " patient" has the meaning assigned to it by section 101 of the Mental Health Act 1959.

.

26

After section 174 insert—

(174A) (1) Where money is held in a county court in relation to any cause or matter in that court, the court may order the money or any part of it to be paid into or transferred to the High Court. (2) On the making of such an order, the sum to which the order relates shall be paid or transferred according to the order.

.

27

In section 186 (proof of service of summons, &c.)—

• (a) in subsection (2), for " fifty pounds " substitute " the statutory maximum "; and

• (b) add after subsection (2): —

(3) In subsection (2) of this section " the statutory maximum " means the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

.

28

Before section 200 insert—

(199A) When the Great Seal is in commission, the Lords Commissioners shall represent the Lord Chancellor for the purposes of this Act; but the powers vested in him by this Act in relation to the appointment of officers may be exercised by the senior Lord Commissioner for the time being.

.

29

In section 201 (interpretation)—

• (a) after the definition of " landlord " insert—

• "matrimonial cause " has the meaning assigned to it by section 10(1) of the Matrimonial Causes Act 1967 ;

; and

• (b) after the definition of " officer " insert—

• " part-time registrar " and " part-time assistant registrar " have the meaning assigned to them by section 22(3) of this Act;

.

SCHEDULE 4

General

1

• (1) So much of any enactment as refers or relates to any former court or judge whose jurisdiction is vested in the Court of Appeal or the High Court shall be construed and have effect as if any reference to that court or judge were a reference to the Court of Appeal or the High Court, as the case may be.

• (2) All Acts, charters and other instruments which refer to Westminster as the locality of any former court, being a court whose jurisdiction is vested in the Court of Appeal or the High Court, shall be construed as referring instead to the Royal Courts of Justice and other places at which the Court of Appeal or the High Court sits.

The Accountants-General of the Courts of Chancery and Exchequer

2

Any enactment or document referring to the Accountant-General of the Court of Chancery or Court of Exchequer shall be read as referring instead to the Accountant General of the Senior Courts.

The Court of Criminal Appeal and its registrar

3

In any enactment or document passed or made before 1st October 1966—

• (a) any reference to the Court of Criminal Appeal (except where it occurs in a reference to the registrar of that court) shall, subject to rules of court made in pursuance of section 53(1), be read as a reference to the criminal division of the Court of Appeal;

• (b) any reference to the registrar of the Court of Criminal Appeal shall be read as a reference to the registrar of criminal appeals; and

• (c) any reference to the Court of Appeal shall, subject to rules of court made in pursuance of section 53(1), be read as a reference to the civil division of the Court of Appeal.

Principal registrar of Family Division

4

In any enactment or document passed or made before the commencement of this Act any reference to the principal registrar of the Family Division shall be read as a reference to the Senior Registrar of that Division.

SCHEDULE 5

COLONIAL PROBATES ACT 1892 (c. 6)

In section 2(1), for " 156A of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "109 of the Supreme Court Act 1981".

SMALL DWELLINGS ACQUISITION ACT 1899 (c.44)

For section 5(5) substitute—

BANKRUPTCY ACT 1914 (c. 59)

Section 40(2) shall continue to have effect with the amendment made by section 36(4) of the Administration of Justice Act 1956, that is with the substitution of "or" "for " or, in the case of an equitable interest,".

ADMINISTRATION OF ESTATES ACT 1925 (c. 23)

In section 47A(7) (notices to principal registrar of Family Division)—

LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11)

In section 3(1), for " Supreme Court of Judicature (Consolidation) Act 1925 " substitute "Supreme Court Act 1981".

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c. 13)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 (c. 36)

Section 2(2)(b) shall continue to have effect with the amendments made by the Criminal Appeal Act 1964 and the Criminal Appeal Act 1966, that is with the insertion after "preferred" of "by the direction of the criminal division of the Court of Appeal".

EXCHANGE CONTROL ACT 1947 (c. 14)

In paragraph 3 of Schedule 4, for "ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

COMPANIES ACT 1948 (c. 38)

Section 325(2) shall continue to have effect with the amendment made by section 36(4) of the Administration of Justice Act 1956, that is with the substitution of "or" for " and, in the case of an equitable interest,".

CRIMINAL JUSTICE ACT 1948 (c. 58)

In section 37(4), for " ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

CONSULAR CONVENTIONS ACT 1949 (c. 29)

In section 1(4)—

ARBITRATION ACT 1950 (c. 27)

In section 38(3), for " ninety-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

ARMY ACT 1955 (c. 18)

Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule 1 to the Criminal Appeal Act 1966, that is—

AIR FORCE ACT 1955 (c. 19)

Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule 1 to the Criminal Appeal Act 1966, that is with the same amendments as are specified in the entry in this Schedule relating to the Army Act 1955.

MEDICAL ACT 1956 (c. 76)

In paragraph 5(2) of Schedule 4, for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

DENTISTS ACT 1957 (c. 28)

In section 46(2), for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

OPTICIANS ACT 1958 (c. 32)

In section 15(1), for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

MENTAL HEALTH ACT 1959 (c. 72)

1

In section 73 (removal to hospital of certain prisoners), for subsection (2)(a) substitute—

(a) persons committed in custody to the Crown Court for trial or under section 6 or 8 of the Criminal Justice Act 1948, and persons in custody pending a retrial ordered under section 7 of the Criminal Appeal Act 1968 ;

.

2

In section 100(2) (Court of Protection and appointment of Master and Deputy Master thereof), at the end add " under section 89 of the Supreme Court Act 1981.".

3

In section 110(4), for "forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)

In paragraph 2(2) of Schedule 2, for "forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925" substitute "36 of the Supreme Court Act 1981".

NURSES (AMENDMENT) ACT 1961 (c. 14)

In section 9(2), for " forty-nine of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

RIVERS (PREVENTION OF POLLUTION) ACT 1961 (c. 50)

In section 6(5), for " twenty-seven of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

PUBLIC HEALTH ACT 1961 (c. 64)

In section 66(1), for "twenty-seven of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "16 of the Supreme Court Act 1981".

ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)

In section 28 (exception of prerogative proceedings from general power to indemnify justices of the peace etc. in respect of costs and damages), for " for an order of prohibition, mandamus or certiorari", in both places where it occurs, substitute "on an application for judicial review".

ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

VETERINARY SURGEONS ACT 1966 (c. 36)

In paragraph 4(2) of Schedule 2, for " 49 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 (c. 41)

In sections 1(6) and 2(2), for "99 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "84 of the Supreme Court Act 1981".

MATRIMONIAL CAUSES ACT 1967 (c. 56)

In section 10(1), for the definition of " matrimonial cause " substitute—

CRIMINAL APPEAL ACT 1968 (c. 19)

1

In section 33 (right of appeal to House of Lords from decision of criminal division of Court of Appeal), after subsection (2) insert—

(3) Except as provided by this Part of this Act and section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), no appeal shall lie from any decision of the criminal division of the Court of Appeal.

.

2

For subsection (1) of, and the side-note to, section 45 (jurisdiction of Court of Appeal, and construction of certain references in Parts I and II) substitute—

(45) (1) References in Parts I and 11 of this Act to the Court of Appeal shall be construed as references to the criminal division of the Court.

3

In Schedule 2 (provisions applicable on order for retrial), paragraph 2(4) shall have effect, and be deemed always to have had effect, as if for “Section 17(2) of the Criminal Justice Administration Act 1962” there were substituted “ Section 67 of the Criminal Justice Act 1967 ”.

HEARING AID COUNCIL ACT 1968 (c. 50)

In section 10(2), for "49 of the Supreme Court of Judicature (Consolidation) Act 1925 " substitute "36 of the Supreme Court Act 1981".

HOVERCRAFT ACT 1968 (c. 59)

1

In section 1(1)(h)(i) (power to apply to hovercraft etc. enactments about ships etc.), for “Act)” substitute “ Act, or an enactment contained in sections 20 to 24 of the Supreme Court Act 1981) ”.

2

• (1) Section 2 (Admiralty jurisdiction etc.) shall be amended as follows.

• (2) In subsection (1)—

• (a) for “Parts I and V” substitute “ Part V ”; and